Solarus offers internet access and related services, including the hosting of Web Sites, through its system to its Subscribers (“Subscribers”). Solarus does not, and cannot, control the content, quality or accuracy of information available through the services Solarus provides or over the internet in general. Solarus and all of its employees are NOT RESPONSIBLE FOR THE CONTENT OF ANY MATERIAL Solarus hosts, publishes, or that is not created by Solarus. All Web pages created by Solarus remain the exclusive intellectual property of Solarus. Subscribers shall acquire no rights of any kind in such materials.
These Terms of Service set forth the basic rules which apply to Solarus’ services. Solarus may change these Terms of Service in the future upon notice published on-line or otherwise provided by Solarus. BY USING Solarus’ SERVICES, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON LINE OR OTHERWISE AVAILABLE FROM Solarus. If the Terms of Service, Solarus’ services or Solarus’ pricing is or becomes unacceptable to a Subscriber, the Subscriber’s only right shall be to terminate its contract in accordance with the Section labeled ‘Cancellation and Termination of Contract’ below.
To the extent that any of these Terms of Service are found to conflict with any internet access service agreement or web hosting agreement then in force between Solarus and the Subscriber, the terms of the internet access service agreement or web hosting agreement shall control.
Changes to Service
The services provided by Solarus are expected to change from time to time. Solarus reserves the right to change any service offered or the features of any service offered or its system without prior notice, including changes to access and use procedures and system hardware and software.
Each Subscriber is responsible for any and all fixed and accumulative charges for Subscriber’s account. The first month’s service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the Subscriber of payment obligations. Further, Subscriber is responsible for ALL charges associated with connecting to Solarus. Depending upon Subscriber’s calling location, the nearest access number may not be a local phone call and Subscriber may be subject to long distance charges. Subscriber agrees that any telephone charges incurred are Subscriber’s responsibility. Subscriber should check with Subscriber’s local phone company to determine whether any particular access number is a local call. If Subscriber accesses Solarus from certain access numbers, Subscriber may be assessed communication surcharges on Subscriber’s telephone bill. These apply even if Subscriber has selected an unlimited access account. Subscriber is responsible for all activities and charges under Subscriber’s account(s), including any unauthorized charges to Subscriber’s account.
Payment by Credit Card
Credit card Subscribers agree to allow Solarus to bill such card on each successive billing date without obtaining the Subscriber’s permission after the initial charge. Credit card Subscribers shall notify Solarus of any changes in credit card number or expiration date.
If the card is not honored for any reason, Solarus will attempt to notify the card holder by using the telephone information given at sign-up and by email. Solarus will call the card holder, and if alternative billing has not been established within five (5) days, the account will be disabled. Any account, once disabled because of non payment, may be subject to a reconnection upon reconnection.
Payment by Check
If payment is by check or money order, payment due dates are indicated on Subscriber’s email invoice. Dishonored checks are subject to a collection fee and Subscriber’s account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated until such time that payment has been received by Solarus.
Also, a nonrecurring charge (installation fee) is waived unless customer cancels prior to commitment period. Any further termination fee assessment will be at the discretion of the company.
Any account, once disabled because of non payment, may be subject to a reconnection upon reconnection.
Cancellation and Termination of Contract
Solarus has the right to terminate service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.0% per month (12% per annum) on the outstanding balance. Termination of service shall not relieve the Subscriber from the obligation to satisfy outstanding invoices. In the event Solarus utilizes an attorney to collect such sums, the Subscriber shall be responsible for the payment of all of Solarus’ actual attorneys’ fees and costs incurred in the collection of these sums.
Solarus reserves the right to cancel service for any reason without prior notice. In case of cancellation without cause, unused fees may be returned to the Subscriber on a monthly basis.
Termination or suspension does not release liability for charges due. Solarus may delete all data, files or other information that is stored in Subscriber’s Web Site upon termination, as well as delete any and all email that may be sitting in Subscriber’s mailbox.
The Subscriber must notify Solarus in writing to cancel service. Fees for any setup, software, and the first month’s service are not refundable, unless the Subscriber is unsuccessful in using the account and notifies Solarus within five (5) days of establishing said service. There are no refunds for prepaid subscriptions.
The right to use Solarus’ service is not transferable. Accounts are for Subscriber use only. Subscriber is responsible for the confidentiality of Subscriber’s passwords. Loaning Subscriber’s account to others, connecting a system used by multiple persons, group use of Subscriber log-ins, and consuming more than one modem line are expressly prohibited unless agreed upon in advance by Solarus. If the Subscriber has multiple accounts, then the Subscriber is limited to one log-in session per system account at any time. Violation of this policy will be considered as theft of service and will be prosecuted under civil and criminal law.
Solarus’ services may only be used for lawful purposes and in a manner which Solarus believes, in its sole discretion, to be consistent with the rights of other Solarus Subscribers and third parties. While Solarus is not responsible for the content of hosted Web Sites, content on all Solarus’ hosted Web Sites must comply with all laws and must not infringe the rights of any third party. Solarus’ services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Solarus’ services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous, misleading, false, untrue or defamatory. Use and access to other networks and Web Sites through Solarus’ services must comply with the rules for such other networks and Web Sites. Solarus is under no obligation to monitor information transmitted to or from Subscribers via Solarus’ services. If Solarus determines that any material that it considers objectionable is stored or referenced on Solarus’ facilities, Solarus reserves the right to remove such material.
Subscriber shall not (and shall not permit or assist others to) abuse, fraudulently use, or otherwise use Solarus’ services for any purposes other than those for which it was intended.Without limiting the foregoing, Subscriber shall not:
- Attempt to obtain service by fraudulent means or device with intent to avoid payment;
- Attempt to access, alter, or destroy any information of Solarus, or of another Subscriber of Solarus, or of the Internet by any fraudulent means or device;
- Attempt to use the access through any of Solarus’ services so as to interfere with the use of the internet by other lawful users, or in violation of any laws, or in aid of any unlawful activity;
- Attempt to access a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law; or
- Engage in resale for profit or for any other reasons, of the internet services provided by Solarus to Subscriber.
Solarus’ services should not be used to send unsolicited advertising or promotional materials to any other internet email address. Electronic mail and appropriate Usenet newsgroups may be used in the conduct of legitimate business. We do not allow Subscribers to run mail lists, list servers or any form of auto-responder from a Subscriber’ account. Processes that run or are activated while the Subscriber is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the internet after being asked to stop by those individuals and Solarus will not be tolerated. When Solarus becomes aware of possible violations, Solarus will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Solarus may suspend access to services to the Subscriber account in question. Confirmation of violations may result in cancellation of the Subscriber account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Solarus following payment of a reconnection charge. Use of a Subscriber’s account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that deemed threatening or obscene, or engaging in any kind of illegal activity is expressly prohibited. Subscriber will abide by all rules, regulations and policies of those networks and computer systems accessed via Subscriber’s account. If the Subscriber is unsure of those policies, it is the Subscriber’s responsibility to ascertain said policies.
Subscriber’s Web Sites
In addition to any web hosting agreement with Solarus, the following terms apply to Subscriber web sites.
Subscriber shall access Subscriber’s website solely through the internet. Subscriber’s access to Subscriber’s website via the internet is subject to separate agreements with either Solarus or other internet access providers. Subscriber is responsible for obtaining its own internet connectivity to access Solarus’ facilities, and for all costs of such connectivity. Subscriber is solely responsible for all hardware and software Subscriber may need to access, administer and maintain Subscriber’s website.
Subscriber is solely responsible for all content on Subscriber’s website, including any content or materials of a third party that Subscriber permits or enables to be posted on or accessed through Subscriber’s website. Subscriber is also solely responsible for the creation, posting, updating and maintenance of all content on Subscriber’s website, and management and editorial control of Subscriber’s website’s content.
Subscriber shall be solely responsible for obtaining, registering, and the appropriate use of all domain names used by Subscriber. Any internet protocol addresses or other network numbers assigned by Solarus to Subscriber shall remain the property of Solarus and Solarus reserves the right to reassign or reissue any internet protocol addresses to others.
Subscriber agrees not to use any bandwidth or storage space in excess of the amount provided under Subscriber’s Web Hosting Agreement. If Subscriber’s usage exceeds allowed bandwidth or storage space, Solarus may, in its sole discretion, charge Subscriber for excess bandwidth or storage space at its rates then in effect, suspend the performance of service, or terminate this Agreement. Subscriber shall not be entitled to a refund of any unused prepaid fees in the event of such suspension or termination.
Subscriber is solely responsible for handling, processing and filling any requests for goods or services generated by Subscriber’s website, and shall be solely responsible for properly addressing inquiries or complaints arising from or related to Subscriber’s website. Subscriber shall indemnify and hold Solarus harmless from any claims of third parties arising in any way from any person’s use of Subscriber’s website. Subscriber agrees to pay or cause to be paid all taxes and fees applicable to its website and any business transacted through Subscriber’s website.
Online Copyright Infringement Policy
Solarus will comply with the provisions of the Online Copyright Infringement Liability Limitation Act (‘the Act’) (17 U.S.C. ‘ 512) concerning the removal from its system of, or the blocking of access to, material which infringes on a copyright or as to which Solarus receives notification of claimed infringement as provided under the Act. This remedy is in addition to any other remedy available to Solarus under the Terms of Service or as otherwise provided by law. Solarus’ designated agent for receiving notification of claimed copyright infringement is:
Full Address of Designated Agent to Which Notification Should be Sent: Solarus
440 East Grand Avenue Wisconsin Rapids, WI 54494
Telephone Number of Designated Agent: 888-676-8638
Facsimile Number of Designated Agent: 715-424-8251
Email Address of Designated Agent: email@example.com
The accounts of any Subscriber infringing on a copyright may be terminated with or without prior warning, depending on the frequency and severity of the violation. Solarus does not monitor or screen materials on its network. Any other abuse of Solarus services should be reported to the copyright agent named above.
Compatibility of Hardware or Software
Subscriber shall be responsible for the use and compatibility of any hardware or software not provided by Solarus. Solarus makes no warranty, guarantee or representation that any particular device or software not provided by Solarus will function properly with the internet information and communication link. Subscriber’s responsibility for payment shall not be reduced or changed by virtue of any hardware or software provided by Solarus failing to function or being incompatible with the internet information and communication link.
Servers shall only be placed behind InNet Pro Service of not less than 1 Meg bandwidth, at an additional charge. Internet Servers such as web, game, and FTP will not be permitted on InNet DSL connections. These services are permitted with our Internet Direct Connect Service. E mail servers, however, are an exception, and will be permitted to run on InNet xDSL connections.
NO WARRANTY; LIMITATION OF LIABILITY USE OF Solarus’ SERVICES AND THE INTERNET IN GENERAL IS AT SUBSCRIBER’S SOLE RISK. Solarus DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Solarus’ SERVICES OR SYSTEMS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Solarus MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICES OR THE INTERNET IN GENERAL. Solarus’ SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL Solarus BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, Solarus WILL NOT BE LIABLE FOR:
- DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Solarus’ SERVICES;
- RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH Solarus’ SERVICE OR THE INTERNET;
- DELETION OR LOSS OF FILES, EMAIL OR VIRUSES; ANY DELAY OR FAILURE OF PERFORMANCE; OR
- UNAUTHORIZED ACCESS TO RECORDS OR FILES.
THE MAXIMUM LIABILITY OF Solarus TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Solarus’ NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER TO Solarus DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.
The Subscriber agrees to indemnify and hold harmless Solarus, its directors, officers, shareholders, agents, employees and its other Subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Subscriber’s account or the Subscriber’s Web Site, whether or not authorized
Interpretation and Enforcement
Subscriber agrees that exclusive jurisdiction for any claim or dispute arising from use of Solarus’ service resides in the courts located in the State of Wisconsin. Subscriber consents to the personal jurisdiction of the courts located in Wood County, Wisconsin, as to any claim or dispute arising from use of Solarus’ service. These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Solarus. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wisconsin without regard to conflict of law principles. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. These Terms of Service apply in addition to any Internet access service or web hosting agreement between Solarus and the Subscriber.