Terms
of Service Agreement
SUBSCRIBER
POLICIES & PROCEDURES
These
Subscriber Policies and Procedures comprise the terms and
conditions governing all Pro Fire Fighter Subscribers. It
is essential to understand and comply with each provision
set forth herein. All Pro Fire Fighter Subscribers must be
and by executing the Subscriber Application and Authorization
do hereby agree to be bound by the terms contained herein.
The Service Providers, as defined in paragraph 1, reserve
the right to amend these Policies and Procedures from time
to time. Should you have any questions regarding these Policies
and Procedures or any policy of the Service Providers, please
consult the Service Providers.
PRO
FIRE FIGHTER SERVICE AGREEMENT TERMS:
1.
The Pro Fire Fighter service (the "Service") consists
of computing services, software, information services, and
information provided by Pro Fire Fighter. ("Service Providers").
The Service, which is provided under the service/product brand
name Pro Fire Fighter, also offers subscribers access to information
and software that may be owned or made available by third
parties. The terms and conditions of this service agreement
constitute the entire agreement (collectively, the "Agreement")
between the Service Providers and the subscriber with respect
to the Service and supersede all other communications. Billing
for the Service is provided by and through Pro Fire Fighter.
2.
Upon Notice published over the Service, the Service Providers
may modify this Agreement, the Operating Rules or prices.
The Service Providers may discontinue or revise any or all
other aspects of the Services at their sole discretion and
without prior notice. Current prices are guaranteed through
April, 2001.
3.
Unless otherwise agreed, Subscriber's right to use the Service
or to designate Subscribers is not transferable and is subject
to any limits established by the Service Providers, or by
Subscriber's credit card company if billing is through a credit
card.
4.
Subscriber agrees to indemnify the Service Providers against
liability for any and all use of Subscriber's account.
5.
Subscriber is responsible for and must provide all telephone
and other equipment and services necessary to access the Service.
6.
Subscriber shall pay to Pro Fire Fighter, in accordance with
the provisions of the Billing Option selected by Subscriber,
any registration or monthly fees, connect time charges, minimum
charges and other charges incurred by Subscriber or its designated
Subscribers at the rates in effect for the billing period
in which those charges are incurred, including but not limited
to charges for any purchases made through the Service and
any surcharges incurred while using any supplemental networks
or services other than the Service. The Subscriber shall pay
all applicable sales and use taxes relating to its and the
designated Subscribers use of the Service. The Subscriber
shall be responsible for all use of the Service accessed through
Subscriber's or its designated Subscriber's password(s).
7.
Subscriber EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH
INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION
IS AT Subscriber's SOLE RISK. NEITHER THE SERVICE PROVIDERS,
Pro Fire Fighter, NOR ANY OF THEIR SUBSCRIBERS, LICENSORS,
EMPLOYERS, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THE SERVICE PROVIDERS, Pro Fire Fighter,
OR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. THE SERVICE IS DISTRIBUTED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION.
NEITHER THE SERVICE PROVIDERS, Pro Fire Fighter, NOR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR
DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT
OF ANY BREACH OF ANY WARRANTY.THE PROVISIONS OF THIS SECTION_7
WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
8.
Except as may be expressly permitted by the copyright owner(s),
may not reproduce, redistribute, retransmit, publish, or otherwise
transfer or commercially exploit any information which they
receive through the Service.
9.
The provisions of paragraphs 7 and 8 are for the benefit of
the Service Providers and their Information Providers, Licensors,
Employees and Agents, and each shall have the right to assert
and enforce such provisions directly on its own behalf.
10.
Subject to the terms of this Agreement, the Service Providers
grant to Subscriber a personal, non-exclusive, nonassignable
and nontransferable license to use and display the Service
Provider's Information software ("Software") on
any machine(s) of which Subscriber is the primary user. Unauthorized
copying of the Software, including software that has been
modified, merged or included with the Software, or the written
materials associated therewith is expressly forbidden. Subscriber
may not sublicense, assign, or transfer this license or the
Software. Any attempt to sublicense, assign or transfer any
of the rights, duties or obligations under this license is
void.
11.
This agreement is, and shall be governed by and construed
in accordance with the law of the State of Washington applicable
to agreements, made and performed in Washington. Any cause
of action of Subscriber or its designated Subscribers with
respect to the Service must be instituted within one year
after the claim or cause of action has arisen or be barred.
12.
The Service Providers will bill Subscriber's credit card for
Subscriber's monthly Subscribership fee and any additional
online charges Subscriber incurs. Subscribers may choose,
for any reason, to cancel their subscriptions by notifying
the Service Providers in writing. Cancellation notices must
be received no later than 5:00 pm on the 25th of the month
in order to be effective for the following month.
INTERNET
ACCESS POLICY:
True
Unlimited Internet Access: True Unlimited Internet Access
is defined as unlimited "single user, attended usage". This
means that if you are personally in front of your computer
using the connection you may be connected as long as you like.
This does not mean or imply that you are permitted to be connected
24 hours per day, 7 days per week.
Any
account that has been discovered to be using a ping bot, "keep-alive"
program or automatic dial back system, (such as E-mail, chat
and streaming media programs) will be shut off by the network.
If your account is shut off by the network, it can be reactivated
one time at no charge. Each additional time your account must
be reactivated you will be charged a standard $10.00 fee.
Reasonable
Usage Clause: In addition to the above requirements, reasonable
usage is defined as a standard account not exceeding the total
aggregate time that would normally be incurred in the course
of a month by a small business owner to run their business.
Repeated
monthly overuse will be considered abuse of service. NOTE:
Multiple warnings will be cause for the account to be terminated.
For purposes of this agreement, ABUSE is defined as engaging
in any activity not in agreement to the above statement.
Multiple
logins with the same account will be deemed as ABUSE, Spamming
is also deemed as ABUSE. The Service Provider reserves the
right to provide warning on first occurrence or terminate
account. If warning is provided, termination of account will
occur immediately upon detection of second occurrence. The
Service Provider reserves the right to NOT refund any portion
of money credited on accounts when termination is due to ABUSE.
EMAIL
POLICIES
Pro
Fire Fighter provides you with access to the Internet. Generally,
the Internet consists of the following areas available through
Pro Fire Fighter: Email, News Groups, Gopher and WAIS, FTP,
and the World Wide Web. The Internet is not owned, or operated
by, or in any way affiliated with Pro Fire Fighter or any
of its affiliates, licensors, or service providers; it is
a separate, independent network of computers and is not part
of Pro Fire Fighter. Your use of the Internet is solely at
your own risk. When using the Internet and all of its components,
Subscribers must conduct themselves responsibly according
to the Internet's own particular code of conduct. Participating
successfully on the Internet is a matter of common sense.
Although the Service Providers do not control the Internet,
your conduct on the Internet when using your Pro Fire Fighter
account is subject to the Service Providers'. Because Pro
Fire Fighter and the Service Providers strive to be good Internet
citizens, Pro Fire Fighter subscribers are prohibited from
engaging in certain conduct on the Internet through or by
means of Pro Fire Fighter.
The
Service Providers reserve the right to prohibit conduct, communication,
or Content on Pro Fire Fighter which it deems in its discretion
to be harmful to any Subscriber, the communities which comprise
Pro Fire Fighter, and third-parties' rights, or to violate
applicable law. Notwithstanding the foregoing, neither the
Service Providers, nor its Information Providers, have the
practical ability to restrict conduct, communication or Content
which might violate the Pro Fire Fighter Rules prior to transmission
on Pro Fire Fighter, nor can they ensure prompt editing or
removal of actually or potentially violating Content after
online posting. Accordingly, you acknowledge that neither
the Service Providers, Pro Fire Fighter, nor any Information
Provider shall assume or have any liability for any action
or inaction by the Service Providers or any Internet Content
Provider with respect to conduct, communication or Content
on Pro Fire Fighter.
AGREEMENT
This
Agreement contains the full understanding of the parties with
respect to the subject matter hereof, and no waiver, alteration,
or modification of any of the provisions hereof shall be binding
on either party unless in writing and signed by duly authorized
representatives of the parties. Neither the course of conduct
between parties nor trade practice shall act to modify the
provisions of this Agreement.
By
signing up, you agree that you have read and agree with Pro
Fire Fighter's Operating Guidelines and the Pro Fire Fighter
Policies. Additionally, you are authorizing Pro Fire Fighter
to debit your account monthly for the charges related to your
account.
Pro
Fire Fighter is not responsible for any charges assessed by
your local or long distance telephone service. NO LIABILITY
FOR CONSEQUENTIAL DAMAGES: In no event shall Pro Fire Fighter
be liable for any damages whatsoever (including without limitation,
direct or indirect damages for personal injury, loss of business
profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of or
inability to use this product.
Sign-Up
Today!
|