Legal stuff:
From this page you will be able to view all of the User Agreements, Terms and Conditions, Acceptable Use Policies, and other such documents that apply, while using SURFSIDETX.NET, services or Web Site.
Users Agreement
- This is the legal agreement made between our members and
SURFSIDETX.NET. Your continued use of SURFSIDETX.NET services
constitutes full acceptance of all of the terms and conditions of
this agreement.
Acceptable Use
Policy-
This is the Acceptable Use Policy that is in place at
SURFSIDETX.NET. Within it you will find information concerning
SPAM, and other such activities or usage of this network by our
customers.
Privacy
Policy-
SURFSIDETX.NET respects your privacy and guards your data
carefully. We realize that the exciting growth of the Internet and
online services has also brought concern for consumers about what
information is collected about them.
Parental Control Protection
In compliance with the Child Online Protection Act, the following
is a list of vendors who provide software that limits access to
materials that are harmful to minors:
Cyber Sitter - http://www.solidoak.com/
Net Nanny - http://www.netnanny.com/
While SURFSIDETX.NET does not in any way endorse the above referenced vendors or the services that they provide, SURFSIDETX.NET would like to inform its customers of the availability of such software.
Acceptable use:
Introduction
This document provides a general understanding of SURFSIDETX.NET policy on the Acceptable Use of the SURFSIDETX.NET Internet access service. It is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. We hope and expect that common sense and good judgment will guide all of our subscribers Internet activities. These guidelines point out generally accepted practices on a range of topics and the general SURFSIDETX.NET Service approach to these areas.
The key contributing factors to decisions and actions taken on Acceptable Use Policy violations include but are not limited to protection of our customers and our resources, provision of quality service to our customers, compliance with applicable law, and the protection of our reputation as a service provider.
If a SURFSIDETX.NET account is involved in a violation of these policies, we reserve the right to suspend or terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and any corrective action that may be necessary. However, repeated or flagrant violations of these policies may result in immediate termination of service.
In the event that an account is inactivated as a result of any activities proscribed by these policies, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by SURFSIDETX.NET .
SURFSIDETX.NET may take such action as it deems appropriate against any subscriber or account user for violations of the Terms and Conditions for the service or of these policies. However, there is no promise or obligation on our part to monitor or police any such activity and SURFSIDETX.NET will have no liability to any party for any other party's violation of these policies or the Terms and Conditions of the service.
Commercial E-mail
Sending unsolicited commercial e-mail is prohibited. Using a SURFSIDETX.NET e-mail address to collect responses from unsolicited commercial e-mail is prohibited.
Sending large volumes of unsolicited e-mail, commercial or otherwise, is prohibited.
Sending threatening or harassing e-mail after being requested to stop, is prohibited.
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Subscribers also may not engage in the following activities while using the SURFSIDETX.NET service: |
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Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties; |
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Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents; |
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Knowingly or maliciously transmitting files that contain a virus or corrupted data; |
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Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; |
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Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information; |
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Using SURFSIDETX.NET 's systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; |
News
Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Articles posted in violation of these policies may be canceled.
Off-topic or inappropriate newsgroup postings
Generally, there is no restriction on content or postings, except as defined by each newsgroup. However, continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.
Violation of any accepted policies on IRC servers and the use of IRC bots is prohibited. If SURFSIDETX.NET is banned or threatened with being banned or restricted from a server, the offending account may be terminated.
General
You may not attempt to send Electronic Mail or USENET News articles using a name and address other than your own. Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. Attempts to do so that are discovered by SURFSIDETX.NET or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames by themselves, does not constitute impersonation.
Activities which adversely affect the ability of other people or systems to use SURFSIDETX.NET services or the Internet is prohibited.
Unauthorized uses - non-payment
Sharing dial-up accounts on unlimited usage plans with anyone other than immediate family members, or re-selling service without express written consent from SURFSIDETX.NET , or offering any public information service using such accounts, such as running a web server, IRC Server, Game Server, FTP server, or any other such server is prohibited. Subscribers may not provide public or commercial information over such dial connections. SURFSIDETX.NET does offer dedicated connection services for such purposes. Untimely payment of any and all amounts due may result in account cancellation.
Excessive bandwidth or disk utilization
Where SURFSIDETX.NET account descriptions specify limits on bandwidth and/or disk utilization, use in excess of those limits is not permitted without an appropriate change in account type or status. Bandwidth and disk utilization will be computed or determined by SURFSIDETX.NET from time to time in developing its product and service offerings. In the event SURFSIDETX.NET determines that an account is exceeding the relevant bandwidth or disk utilization, the account owner will be notified by e-mail. If the excess use continues for more than 48 hours after such notification, the owner may be requested to upgrade the account's service agreement or to modify the activity creating the excess use.
If excessive bandwidth or disk space utilization is determined to adversely affect SURFSIDETX.NET 's ability to provide service, immediate action may be taken. The account owner will be notified by e-mail as soon as practicable thereafter.
Dial-up account sessions that use the SURFSIDETX.NET service are subject to idle timeouts. An account session may be determined to be idle if there appears to be no interactive, human generated data received from the remote user's computer system within a prescribed amount of time.
Data that is generated on a user's computer system automatically, either by an automated program, script, automatic re-dialers or any other software device, is considered automated data. Automated data of any kind is not considered interactive use of the SURFSIDETX.NET service, and as such, may be disregarded in determining idle timeouts.
Subscribers to "unlimited usage" plans for dial users may use the Service without a specific limit on hours used and without paying more based on hourly usage. These plans are not intended to provide full-time connections, however, and the Service may be disconnected after a significant period of inactivity. Subscribers should keep the connection open only when actively using it, and may not use any automatic method to avoid inactivity disconnect. Intentional use of automated data methods to avoid idle timeouts on dial-up accounts or "unlimited usage" plans is prohibited and grounds for account termination at SURFSIDETX.NET 's sole discretion. This includes the use of automatic redialers to reinstate an idle connection.
Internet access accounts cannot be transferred or used by anyone other than the subscriber and members of the subscriber's immediate family. Account sharing (other than among immediate family members) is strictly prohibited. No more than one login session can be active at a time by a subscriber. Accounts which have been transferred to other parties, or which show other activity in violation of this condition, may be terminated without notice.
Service, Network and System Interference
Subscribers may not attempt to interfere with or compromise the operation of the SURFSIDETX.NET network in whole or part, to interfere with any of the equipment comprising the system, or to access other accounts or restricted areas of the system.
Subscribers may not use SURFSIDETX.NET 's systems in a manner that adversely affects the availability of its resources to other SURFSIDETX.NET customers.
Subscribers may only use those SURFSIDETX.NET service and computing facilities and service areas which have been authorized for subscriber use. If access is protected by a password, subscribers are not to make this password available to others or use the password(s) of others to gain access to such areas. Subscribers may not attempt to find out the password of another user, nor aid such attempt by any other person.
Subscribers may use SURFSIDETX.NET service and computing facilities and service areas only for authorized purposes.
Subscribers may not attempt to interfere with the proper or intended operation of any computing facility.
Subscribers may not attempt to subvert -- or aid others to subvert -- the security of any computing facility.
Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of SURFSIDETX.NET 's or any other party's internal business practices or records.
Any attempts, whether successful or not, to gain access to any computer system or customer's data without consent is prohibited.
It may be necessary for SURFSIDETX.NET employees or representatives to examine system operational and accounting logs and other records to resolve service-related problems. SURFSIDETX.NET reserves the right to access an account's mailbox or other features to resolve problems or mail system errors.
In addition, SURFSIDETX.NET will cooperate with the appropriate legal authorities or other parties in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
SURFSIDETX.NET makes no guarantee and assumes no liability for the security of any data on any server including those designated as "secure servers."
No computer system can be completely protected or should be considered 100% safe from intrusion. E-mail and other data transmissions over the Internet may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, such information is only as secure as the encryption method used.
SURFSIDETX.NET does not generally monitor the activity of accounts except to measure system utilization and accumulate billing records. However, in our efforts to protect the integrity of our service and fulfill any responsibility we have as good citizens within the Internet community, if we become aware of inappropriate use of the SURFSIDETX.NET service we may respond accordingly.
SURFSIDETX.NET does not intend to censor the content of any newsgroups. We believe such choices should generally be left to the individual subscriber. Software tools, such as SurfWatch, are available to screen a subscriber account's access to newsgroups and Web sites that might be considered offensive. It is the subscriber's responsibility to make use of such tools if desired.
Newsgroup postings and other e-mail messages sent via SURFSIDETX.NET and the Internet are communications between the senders and consenting receivers thereof, and SURFSIDETX.NET has neither the authority nor the responsibility to regulate their content. The views and comments expressed by SURFSIDETX.NET subscribers or other senders of such postings or messages are solely those of their authors and do not reflect any review, approval or endorsement by SURFSIDETX.NET . SURFSIDETX.NET will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify SURFSIDETX.NET of the problem.
Internet access and all other services provided to SURFSIDETX.NET subscribers may be used for lawful purposes only, and use by a subscriber of the SURFSIDETX.NET service for the transmission or storage of any information, data, or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright, trade secrets, and information that is confidential as a matter of law) is strictly prohibited. The subscriber may not use the SURFSIDETX.NET service to transmit or store any information, data, or material that is threatening, libelous, or obscene.
It is assumed that, unless otherwise specified by the sender, all data distributed on the Web by the sender is intended to remain the intellectual property of the sender or the party who furnished such data to the sender, and each subscriber transmitting any such data (or making it available for download or other transmissions) is assumed to warrant that he or she has full ownership rights or appropriate licenses to the reports, documents, photographs, graphic images, audio files, video files and other data placed on the subscriber's personal web pages or otherwise transmitted. SURFSIDETX.NET subscribers are solely responsible for any actions which may be necessary to protect ownership rights in such data. Subscribers acknowledge that SURFSIDETX.NET has no control over the individuals using the Internet and that SURFSIDETX.NET expressly does not warrant that any individuals might not make copies of or otherwise infringe upon the subscriber's information as distributed on the Web.
Subscribers should be aware of the law of copyright as it affects computer software and other information or materials available or accessible on the Internet. A formal copyright need not be in evidence for legal copyright protection to be in force.
As a general rule, the subscriber is the copyright owner of any file which that subscriber solely creates for his or her own exclusive use. Any other file is copyright either by its creator, by commercial vendors, or by other individual users, and it is generally illegal for the subscriber to reproduce such file in any part or in any form, except by permission of the copyright owner.
Ownership of any software developed or modified by SURFSIDETX.NET and all graphics, text or other information or content materials supplied or furnished by SURFSIDETX.NET as part of the SURFSIDETX.NET service or for incorporation into a subscriber's personal Web page in connection with the service shall remain with SURFSIDETX.NET (or the party which supplied such materials to SURFSIDETX.NET ).
Removing or falsifying the source or origin of software or other material contained in a file that a subscriber has uploaded is prohibited.
Knowingly receiving or downloading a file that cannot be legally distributed is prohibited, even though a file may have been mailed or posted notwithstanding such illegality.
UserAgreement:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SURFSIDETX.NET. YOUR CONTINUED USE OF SURFSIDETX.NET SERVICE CONSTITUTES FULL ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PORTION OR PORTIONS OF THIS AGREEMENT YOU MUST ADVISE US IMMEDIATELY SO THAT A TERMINATION OF YOUR ACCOUNT MAY BE PROCESSED.
1. Definitions. "SURFSIDETX.NET ", "we," "our" and "us," shall refer to SURFSIDETX.NET , its successors and/or assigns. "Customer" "member" "user" "you" and "your" shall refer to an authorized Customer. "Services" means those services described in Section 2(C) of this User Agreement. (the Agreement")
2. Service Terms. This Agreement is the sole and entire agreement respecting our provision of Services to you. Please read this Agreement carefully.
(A) Acceptance. BY ENROLLING WITH SURFSIDETX.NET AND/OR USING
SURFSIDETX.NET'S SERVICES, YOU AGREE TO BE LEGALLY BOUND BY AND
AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF SERVICE CONTAINED
IN THIS AGREEMENT.
(B) Modification. SURFSIDETX.NET may modify the
terms of this Agreement at any time and in any manner at its sole
discretion. Any such modification shall be deemed delivered to you
immediately upon posting such modification upon an
SURFSIDETX.NET web page, upon sending such modification or
notice thereof to you within an electronic mail message, or upon
sending such modification or notice thereof to you via U.S. mail.
Such modifications to the terms of this Agreement may include, but
shall not be limited to discontinuation or modification of any
aspect of the Service, restriction of the scope or availability of
the Service for certain applications or operating systems,
restriction of the amount or length use permitted, change in prices
or fees charged for Service or terms of payment or restriction or
termination of a Customer's right to use the Service. Any such
modification may be made without prior notice to you. YOUR
CONTINUED USE OF THE SERVICE FOLLOWING DELIVERY OF A NOTICE OF
MODIFICATION SHALL BE CONCLUSIVELY DEEMED AN ACCEPTANCE OF SUCH
MODIFICATION. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST
TERMINATE THIS AGREEMENT IMMEDIATELY IN ACCORDANCE WITH SECTION 8
OF THIS AGREEMENT.
(C) Services Provided. Subject to all of the other
terms and conditions of this Agreement, SURFSIDETX.NET shall
provide Customer with the following Services: INTERMITTENT
ACCESS TO THE INTERNET AND CERTAIN SERVICES ASSOCIATED
THEREWITH (collectively, the "Service").
(D) Certification. You hereby certify to us that
you are at least eighteen (18) years of age. You further certify to
us that, if you have a Personal Account, you are not a business
entity and that, if you have a Business Account, you are a
legitimate business entity.
3. Accounts, Payments, Charges, and Refunds
(A) Accounts, Payment Terms.
An individual account (the "Account") shall be established for you
upon acceptance of your application by SURFSIDETX.NET You
shall be fully responsible for payment for all activities and
charges resulting from use of your Account, whether or not
authorized by you. You must notify SURFSIDETX.NET at (979)
730-1505 to report unauthorized use of your Account and to
terminate further liability for any such unauthorized use or access
thereto. You may not transfer your Account or the use thereof to
any other person. You agree to provide to SURFSIDETX.NET all
necessary account information which shall include, but not be
limited to, your full and exact name, address, telephone number(s)
and all necessary payment data (such as credit card number and
expiration date and checking account or debit account information).
You further agree to notify SURFSIDETX.NET of any change in
such information within ten (10) days following such change. In the
event you fail to notify SURFSIDETX.NET of any such change,
SURFSIDETX.NET may immediately terminate or suspend your
right to use SURFSIDETX.NET's Service.
(B) Charges. You hereby agree to pay all charges
billed to your account (including, without limitation, any initial
set-up fees and all sales, use, value-added, personal property or
other governmental tax or levy imposed on goods or services billed
to your Account) in advance. You agree that we may charge your
credit card, debit card or checking account automatically each
month for all monthly charges payable for such month, all without
notice to you or further consent by you. You acknowledge that
SURFSIDETX.NET may, at its sole discretion, send to you via
e-mail an account statement each month. You further acknowledge
that your timely monthly payment is not dependent upon receipt of
any such monthly statement. You may obtain a current list of prices
for Service by calling: 979-730-1505 or writing to SURFSIDETX.NET ,
137 1/2 Belanger Avenue, Surfside, Texas 77541.
(C) Late Charges/Collection Costs.
In the event that SURFSIDETX.NET , for any reason, does not receive
the full amount due on your account when payable, as set forth in
Section 3(B) above, a late charge of $15.00 will be added to your
Account and SURFSIDETX.NET shall have the right to terminate
Service to you at any time thereafter without notice to you. If you
wish to reactivate your account after such termination, in addition
to remitting full payment for all fees that are due, you will be
charged a reactivation fee of $55.00. You shall also be responsible
for any and all costs, fees and expenses incurred by
SURFSIDETX.NET in collecting any unpaid balances on your
Account, which fees shall include attorney's
fees.
(D) Refunds. All services are pre-paid. No refunds
for any unused service.
4. Customer Conduct.
(A) Lawful Purposes. You agree that
the Service may be used only for lawful purposes. Accordingly, you
shall not post or transmit through the Service any unlawful,
harmful, threatening, abusive, harassing, vulgar, offensive,
obscene, defamatory, profane, hateful, or racially, ethnically or
otherwise objectionable or distasteful material of any kind nor any
material which encourages conduct which would constitute a criminal
offense or which encourages or may encourage "hacking" or
"cracking," or which gives rise to civil liability or otherwise
violate any applicable local, state, federal or international law.
You further agree not to use any user name other than your
SURFSIDETX.NET assigned user name in any Internet communication.
You further agree not to post or transmit through the Service any
"spam," including any unsolicited e-mail, "chain" letters or
numerous similar Usenet newsgroups postings. You acknowledge that
SURFSIDETX.NET , in it sole discretion, may refuse to post on
and/or may remove from any of its servers any data that it
determines violates any of the terms or conditions of this
Agreement or is otherwise inappropriate, or that it determines is
using an inordinate amount of system bandwidth. You agree that any
attempt to violate any restrictions set forth in this paragraph
will result in the immediate termination of your
account.
(B) Single connection. You
acknowledge that with our standard access plan, you are permitted
to connect to SURFSIDETX.NET at any one time via a single
wireless connection. You further agree not to reveal your
username and password to any other person or
persons.
(C) No running of server software. You acknowledge that your computer will always be
configured as a "client" and will never be configured as a "server"
while connected to SURFSIDETX.NET Accordingly, you agree not
use your connection to run any web, telnet, ftp or other "server"
and that any attempt to do so will result in the immediate
termination of your account.
5. Protected Rights. You acknowledge
that the Service, the Internet, generally, and all software used by
you which is produced by third parties or Merchants contain
information, software, video, photographs, graphics, music, sounds,
arrangements or other material (collectively, "Material") which is
protected by copyrights, trademarks, patents, trade secrets or
other proprietary rights (the "Rights"). All Material is
copyrighted under U.S. Copyright laws. You may not publish, copy,
transmit, reproduce or modify or participate in the sale or
transfer of or in any way exploit, any of the Material, in whole or
in part. Except for fair use privilege under U.S. Copyright laws,
you may not upload, post, reproduce, copy, duplicate, publish,
transmit, reproduce, modify, or distribute Material protected by
any Right without the express written permission of the owner of
the Material. You (and not SURFSIDETX.NET ) will remain solely
liable for any damage resulting from your infringement of any other
party's Rights. By using Material on or submitting Material to the
Service or to any area on the Internet which is generally
accessible to others on the Internet, you automatically grant or
warrant that the owner or author of such Material has expressly
granted to SURFSIDETX.NET a royalty-free, expense-free,
perpetual, worldwide, irrevocable, non-exclusive right and license
to use, reproduce, distribute, broadcast, copy, modify, adapt,
publish, translate and otherwise exploit the Material in whole or
in part, on a worldwide basis and/or to incorporate the Material in
other works in any forms media or technology whatsoever. Such
license also permits any other Customer to access, view, store,
copy or distribute any Material for such Customer's personal
use.
You acknowledge that SURFSIDETX.NET is merely a distributor
of Material supplied to it by third parties. As such,
SURFSIDETX.NET has absolutely no control over any Material
and any ideas, opinions, advice, statements, services or other
information provided by third parties are those of the respective
author or distributor of such Material and not of
SURFSIDETX.NET ACCORDINGLY, SURFSIDETX.NET DOES NOT
GUARANTEE OR WARRANT THE ACCURACY OR COMPLETENESS, USEFULNESS OR
VERACITY OF ANY MATERIAL NOR ITS FITNESS FOR A PARTICULAR PURPOSE
NOR ITS MERCHANTABILITY. It is the Customer's
responsibility to investigate the accuracy, completeness,
usefulness and veracity of all Material obtained through the
SURFSIDETX.NET Service.
6. Liability of SURFSIDETX.NET THE SERVICE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SURFSIDETX.NET, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CONTRACTORS OR THE LIKE SHALL CREATE OR CONSTITUTE ANY FORM OF WARRANTY OR REPRESENTATION. ACCORDINGLY, YOU AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT NEITHER SURFSIDETX.NET NOR ANY OF ITS EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, A