Terms
Note: All Provider users are bound by these terms of service.
PBRGold.com ("Provider", "We", "Us") agrees to provide you ("User",
"You") with those services ("Service") set forth on the Application subject to
User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING
THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE
THE SERVICE. PROVIDER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT
ANY TIME. CONTINUED USE OF PROVIDER'S SERVICES INDICATES ACCEPTANCE OF THE
CHANGES BY USER.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS
EXPRESSED OR IMPLIED.
Provider reserves the right to refuse service to anyone at anytime for any
reason.
Provider exercises no control whatsoever over the content of the information
passing through Provider's system. Use of any information obtained via Provider
is at User's risk. Neither Provider nor any of its affiliates, its licensers,
contractors, resellers, distributors or licensees, or their respective
employees, warrants that the Service will be uninterrupted or error free; nor
does Provider make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY PROVIDER OR ITS
AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS, OR LICENSEES, OR
THEIR RESPECTIVE OFFICERS OR EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
PROVIDER NOR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS OR
LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Legal Disclaimers
PBR High Speed accelerates certain web
page text and graphics when compared to standard dial-up Internet service.
Actual results may vary. Some web pages such as secure or encrypted web pages
will not be accelerated. PBR High Speed is not a broadband service and
actual data transmission rates are not faster than standard dial-up Internet
service. Transmission of files including, without limitation, streaming audio or
video, digital photographs, MP3 or other music files, executable files and other
downloads, is not faster using PBR High Speed than with standard dial-up
service. PBR High Speed may not be compatible with proxy based software
or services such as content filters or firewalls.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS,
RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR
EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO
USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S
RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY
FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT PROVIDER IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF
THIS AGREEMENT, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF
USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules,
policies, guidelines or practices of Provider in operating the Service, User's
sole and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to
indemnify and hold Provider and its affiliates, licensers, contractors,
resellers, distributors or licensees, or their respective officers or
employees, harmless against any and all liability, loss, claim, judgment,
damage and expense including without limitation attorney's fees and cost of
litigation) incurred or suffered by Provider, its licensers, its affiliates,
its contractors, or their respective employees as the result of any and all use
of User's account whether authorized or not authorized or as a result of the
negligence, willful misconduct, or breach of any of the terms of this Agreement
by User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any person
or damage to property of every kind and description. User shall promptly notify
Provider in writing of any claim of which it is obligated under this indemnity.
User shall have the right to assume the defense of any such claim. User and
Provider shall confer as to and agree on the legal counsel(s) to be selected in
any such defense.
Age Limit
User represents to Provider that he or she is 18 years of age or older. User
understands that certain materials available from Service provided under the
terms of this Agreement may not be suitable for individuals under the age of
18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are
sexually explicit or may be offensive. User accesses such materials at his or
her own risk. Provider has no control over and accepts no responsibility
whatsoever for such materials.
Prohibited Uses
User may not: restrict or inhibit any other user from using and enjoying the
Internet; post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or international law, including without limitation the U.S. export control laws
and regulations; post on webspace provided any sexually explicit materials or
materials that may be offensive. post or transmit any information or software
which contains a virus, cancelbot, trojan horse, worm or other harmful
component; post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the provider of such
information, software or other material); upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other material
obtained through the Service which is protected by copyright, or other
proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or rightholder; upload, post, publish,
transmit, reproduce, transmit or distribute in any way any component of the
Service itself or derivative works with respect thereto; send unsolicited
advertising or promotional materials to other network users (See section titled
"MESSAGING"); allow users to run Maillist, Listserv or any form of
auto-responds from User's account; run or activate processes while User is not
logged in; 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 engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the
part-time and personal nature of User's connection, including the use of
pingbots and other methods of avoiding timing disconnection (See section titled
"LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations
and policies of those networks and computer systems accessed via User's
account. Provider has no obligation to monitor the Service. However, User
agrees that Provider has the right to monitor the Service electronically from
time to time and to disclose any information as may be necessary to satisfy any
law, regulation or other governmental request, to operate the Service properly,
or to protect itself or its subscribers. Provider will not intentionally
monitor or disclose any private E-mail message unless required by law. Provider
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole and absolute discretion, are
unacceptable, undesirable, or in violation of this Agreement. Provider reserves
the right to suspend access to the Service for User's account. The account's
suspension may be rescinded within the sole and absolute discretion of Provider
following payment of a reconnection charge, to be determined by Provider in its
sole and absolute discretion.
Messaging
User agrees to limit their use of the Provider service, specifically regarding
the use of Provider's electronic (email) services, to the following
restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the
Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered is prohibited. User may not purposefully
misrepresent the origination information of any email messages sent while using
the Provider service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS
DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE
IMMEDIATE PENALTY OF $200. PROVIDER RESERVES THE RIGHT TO CHARGE USER'S CREDIT
CARD, IF ON FILE FOR USE IN PAYMENT OF PROVIDER SERVICES, A ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
PROVIDER SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, PROVIDER
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE
TERMINATION OF PROVIDER SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Restricted Content
You agree not to post any of the following restricted contents: Illegal, Abusive
or Unethical Activities include, but are not limited to, pornography,
obscenity, nudity, content for which you are not the copyright holder or for
which you do not have the rights holder's permission, violations of privacy,
hacking, computer virus, gambling, or promotion of gambling, and any harassing
or harmful materials or uses, as determined by us. You agree to indemnify and
hold us harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials or any other unauthorized materials.
Content Submission
Submission of any content by User for use with any of Provider's services shall
grant us a perpetual, worldwide, non-exclusive, royalty-free right and license
to use, reproduce, display, perform, adapt, modify, distribute, have
distributed and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose. Provider has
no obligation to post any content that you or anyone else submits. In addition,
we may, in our sole and unfettered discretion, edit, remove or delete any
content that you post or submit.
Limitation of Dial-Up Services
Although Provider advertises "Unlimited Access" in regards to some of its
Dial-Up services, there are several limitations applied. The sole purpose of
these limitations are intended to limit the amount of unnecessary use of
Provider services by any such User, which restricts overall Provider system
availability for other such Users. These limitations apply only to Dial-Up
access services offered by Provider. Using a personal account for high volume
or commercial use is prohibited. The Dial-Up services are intended for
periodic, active use of email, newsgroups, file transfers, Internet chat,
games, and browsing the World Wide Web. Members may stay connected so long as
they are actively using that connection for the above purposes.
Members may not use the Dial-Up services on a standby or inactive basis in order
to maintain a connection. Pinging is expressly prohibited. Accordingly,
Provider maintains the right to terminate any member's connection following any
extended period of inactivity as determined by Provider.
Call Charges
Provider is not responsible for call charges associated with your use of our
service. Please verify the location of the POP you have selected in relation
your dialing area. City names and area codes are not necessarily complete
indicators of the locality (toll free access) of a POP to your calling area. In
some countries, local calls are metered for certain locations. For additional
assistance on determining these charges, please contact your local telephone
company for applicable tariffs.
Idle Timeout
You understand and acknowledge that the Service is intended for your periodic
and legitimate active use. As a consumer oriented dial-up service it is not
intended, nor is it designed, to provide an "always on" or "always connected"
capability. In order to make the Service available fairly to all our members we
reserve the right to terminate members' sessions after an extended period of
time, and we may establish a minimum "idle time" at our discretion in order to
remain connected to the Service, e.g., you must click at least once every 10
minutes. You agree that we may change the minimum idle time without advance
notice to you. You may not take action for the purpose of defeating our "idle
timeouts" or similar mechanisms. In the event your session has been terminated
for any reason, you may immediately dial back in to reconnect. User agrees to
have their online session automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as less than 500 bytes of data
transferred between User's modem and the Provider service.
Maximum Single Session
User agrees to have an online session automatically terminated after five (5)
hours of consecutive time, regardless of data transferred during such specific
online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Provider system for a time period
of one (1) minute following the termination of their previous online session,
regardless of the reason for the previous session's termination.
Usage Standards
You understand and acknowledge that the Service is intended for your residential
consumer and not commercial use. In order to make service available fairly to
all our members we reserve the right to suspend usage for the duration of the
pay period if you exceed our usage standards. Usage standards are defined as
less than an average of 8 hours a day for an 8 day period. If your account
exceeds these usage standards it will be suspended for the duration of your
current pay period and be reactivated upon the next regular successful
rebilling.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each
PPP/ISDN account purchased. User agrees that Provider will charge a $1.00 fee
for each concurrent online session and user further agrees that Provider has
the right to terminate users account for repeated violations of this limit.
International Roaming Access Restrictions
User agrees that all dial-up phone numbers outside the United States and its
territories and Canada are subject to an hourly fee of $4.00 per hour.
Toll Free Access Restrictions
User agrees that all toll-free dial-up phone numbers are subject to an hourly
fee of $5.00 per hour.
Terms of Payment
A credit card User agrees to allow Provider to bill his or her card on each
successive billing date without obtaining User's permission after the initial
charge. A credit card User shall notify Provider of any changes in credit card
number or expiration date. If the card is not honored for any reason, Provider
will attempt to notify the cardholder by using the telephone information given
at sign-up or by E-mail. Provider will call the cardholder, and if alternative
billing has not been established, the account will be terminated. Restoring the
account may be subject to a setup fee of $10.00.
If payment is by Electronic Fund Transfer, User agrees to allow Provider to
process the Electronic Funds Transfer three days prior to each successive
billing date without obtaining User's permission after the initial process.
Electronic Funds returned for insufficient funds or any other reason are
subject to a collection fee to be determined by Provider in its sole and
absolute discretion and User's account may be suspended until the account is
current. If payment is not received, service will be terminated and a setup fee
of $10.00 may be added to charges for additional Service.
Provider maintains the right to terminate Service for any unpaid subscriptions.
Accounts in default are subject to an interest charge of 2.5% per month on the
outstanding balance. Termination of Service shall not relieve User from the
obligation to satisfy outstanding invoices. In the event Provider utilizes an
attorney to collect any unpaid amounts, User shall be responsible for the
payment of all of Provider's attorneys' fees and costs in the collection of
these sums.
Provider reserves the right to change prices at any time without prior notice to
its customers or the public. Price changes will not be retroactive for existing
customers, regardless of the length of their existing service subscription.
Right to Cancel
Provider reserves the right to cancel Service for any reason without prior
notice. Pre-paid service is non-refundable. Provider will not refund any
shipping or handling fees. Cancellations are defined as a cancellation of the
automatic renewal of the account and are not a termination of any prepaid
period.
User must notify Provider via telephone or in writing to cancel Service.
Cancellations shall not be honored by electronic mail. Fees for any setup,
shipping and handling, and monthly or annual service charges placed by Provider
are non-refundable.
Provider may, at its sole discretion, allow for a pro-rated refund of unused
annual service fees after the collection of a cancellation fee.
No Confidentiality
Information transmitted through Provider and through the Internet in general is
not confidential. Provider cannot and shall not guarantee privacy or protection
of any User. Provider reserves the right to monitor any User's transmissions
when deemed necessary for providing proper service and/or to protect the rights
and property of Provider.
Customer Information
Unless required by court order, subpoena or other legal request, or upon the
advice of counsel, Provider may publish User's name and other consumer
information in one or more directories that may be accessed by other Internet
users. In addition, unless User notifies Provider to the contrary as provided
above, Provider may make such information available to third parties from time
to time. User understands further that merchants on the Internet may have
access to such information and may make it available to third parties in
accordance with their normal practices unless User notifies those merchants
directly that User does not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use
only. User shall be responsible for the confidentiality of User's password.
Loaning User's account to others, connecting a system used by multiple persons,
group use of user log-ins, and consuming more than one modem line are
explicitly prohibited. If User has multiple accounts, then User shall be
limited to one log-in session per system account at any time. Violation of
those terms shall constitute theft of Service and may be prosecuted under civil
and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the
merchant or information or service provider from whom User is making the
purchase to supply certain information, including credit card or other payment
mechanism information. User agrees that all information User may provide any
merchant or information or service provider on the Service for purposes of
making purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and
services on the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred by users of
User's account and credit card or other payment mechanism at the prices in
effect when such charges are incurred. User shall also be responsible for
paying any applicable taxes relating to purchases on the Service.
No System Backup
Provider does not and will not perform system backups on any User's E-mail
account(s). Provider shall not be held responsible for any lost E-mail data,
email attachments, or any E-mail message contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein, Provider
will not provide historical data, to any party for any reason, regarding any
system or Internet activity.
Provider does not and will not perform system backups on any web sites. Provider
shall not be held responsible for any lost web data, web files, or any website
contents, regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, Provider will not provide historical data, to any
party for any reason, regarding any system or Internet activity.
Failure to Comply with Terms and Conditions
Provider may deny User access to all or part of the Service without notice if
User engages in any conduct or activities that Provider in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
Provider denies User access to the Service because of such a violation, User
shall not have right (1) to access through Provider any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through Provider, and Provider shall have no
responsibility to notify any third-party providers of services, merchandise or
information nor any responsibility for any consequences resulting from lack of
notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of
same, and to disconnect when idle for significant periods of time (more than 10
minutes). User also agrees to not remain connected to Provider's system for
periods exceeding (5) five hours, in any single continuous session. User
authorizes Provider to enforce these restrictions by appropriate software and
network measures, automated and manual.
User agrees to notify Provider if User moves or otherwise changes his or her
mailing address or phone number, and to list a truthful name, postal address
and telephone number on the forms User supplies to Provider.
Third Party Software
As part of its service offerings, Provider may require the User to install and
use software provided by a Third Party. In such cases, there may be a separate
licensing or terms of service agreement required between User and the Third
Party.
In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
Provider's failure to insist upon or enforce strict performance of any
provisions of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of this Agreement.
Provider may modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service following
notice of such modification shall be deemed to be User's acceptance of any such
modification. It is User's responsibility to check this online area regularly
to determine whether this Agreement has been modified. If User does not agree
to any modification of this Agreement, User must immediately stop using the
Service.
This Agreement shall be governed by and construed in accordance with the laws of
the State of California without regard to its conflicts of law provisions. Any
cause of action User may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred.
Provider shall not be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts of
public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation or any cause
beyond the reasonable control of Provider.
Venue for litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach thereof,
naming Provider as the defendant, shall be proper only in a venue determined by
Provider.
In any action between Provider and User to enforce any of the terms of this
Agreement, Provider shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement constitutes the entire agreement between User and Provider with
respect to the Service.
For questions regarding these terms and conditions please email
techsupport@PBRGold.com.
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