In addition, you agree to comply with any amendments to this Agreement (see paragraph under the heading "Amendment", below). The current and binding terms of this Agreement are always set forth on the Ventur.NET home page at www.ventur.net.
If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorized to use Ventur.NET Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedure provided herein (see paragraph under the heading Termination by Subscriber, below).
You agree to provide Ventur.NET with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to Ventur.NET in order to receive or to continue receiving services. Further, you agree to provide Ventur.NET with updated registration information within a reasonable period of time following the change in circumstance (e.g., taking new job results in a new work telephone number) that creates the need for updated information.
PERIOD OF SERVICE
You agree to pay for the period of service you select at the time you purchase services. This period will be specified in your service invoice. You agree that it is your responsibility to review your service invoice within a reasonable period after receiving your copy, to ensure that the invoice accurately indicates the period of service you requested. If not, it is your responsibility to immediately notify Ventur.NET to amend the invoice to indicate the period of service you requested. Your period of service commences on the date on which your account is activated.
RENEWAL OF SERVICE
Unless specified otherwise, all accounts will renew automatically at the end of the period corresponding to the plan that you select when you purchase services. If you do not wish to renew your account, you must follow the steps outlined in the section "Cancellation" below.
INTERNET ACCESS SERVICES
Ventur.NET agrees to provide you with Internet Access Services according to your specifications, at the time you make your purchase, regarding speed and type of connection. Regardless of your specifications Ventur.NET Internet Access Services include:
Unrestricted TCP/IP transport to the Internet.
One or more electronic mail addresses.
A licensed copy of one or more Internet browser software programs.
Hosting for a web site of at least 5 MB.
Ventur.NET shall not be held liable for any long distance charges incurred by subscribers for any reason whatsoever. It is the responsibility of the subscriber to know whether the access number selected will be long distance or local to our areas of service and to ensure that the computers are properly setup to dial the local number.
Additionally, if a server in any location is unavailable to our subscriber, it is the subscriber's choice to dial into a server that is out of their local service area resulting in long distance toll charges. Ventur.NET shall not be held liable for any long distance fees brought about this manner.
The right to use Ventur.NET Internet Access Service is not transferable. Use of Ventur.NET accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Subscriber may use no more than one login session per account at any time. If a subscriber has multiple accounts, he/she is limited to one login session per account at any time.
PERSONAL DIALUP ACCOUNTS
You agree that use of the services you purchase is limited to your personal use. Personal use means active use by you or by another person who is either under your direct supervision or is using the services with your joint participation. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the Ventur.NET network while you are not personally using the services.
Ventur.NET is not responsible for Subscriber's personal files residing on Ventur.NET. Subscriber is responsible for backup of data stored on Ventur.NET. Ventur.NET reserves the right to delete Subscriber's personal files after one or both parties terminate the service Agreement.
EMAIL MAIL SERVICES
Ventur.NET provides it's customers with best effort email services. Ventur.NET is in no way responsible for the content of or the delivery a customer's email.
It is the customer's responsibility to ensure that they regularly check and remove their email from the Ventur.NET mail servers. Ventur.NET will provide each customer 10 MB of email storage space. In addition Ventur.NET will provide a short term 10 MB buffer of space for email storage. The 10MB buffer will be available to the Ventur.NET customers for regular email use for thirty days. It is totally the customer's responsibility to monitor their email storage space levels.
If a customer's email storage space moves beyond the 10MB allocation and the 10 MB buffer, Ventur.NET reserves the right to delete the files entirely from it's mail servers at anytime. Additional email storage space may be purchased , in increments of 10MB for five dollars a month.
Ventur.NET reserves the right to deny any and all delivery of email from domains that are known "Spammers."
Ventur.NET is not responsible for the spread of any viruses acquired via email. Ventur.NET’s virus protection service is provided as an additional line of protection from the potentially damaging effects of viruses and SHOULD NOT replace the Subscriber’s current desktop virus protection software.
You agree that use of the services you purchase is limited to your business use. Business use means active use by you or by another person who is either under your direct supervision or is using the services with your joint participation.
For more information, please refer to your individual business contract(s) with Ventur.NET or speak directly with your sales representative.
Technical support by telephone or email is provided to residential customers free of charge to assist subscribers in getting Online and in maintaining an Online connection. Contact with Technical Support is the responsibility of the subscriber. Commercial account support is provided on fee-based service or commercial packages. Ventur.NET's Technical Support is limited to Ventur.NET connection related issues. Ventur.NET does not warrant or support the subscribers' choice of software or hardware. Technical Support hours are 8am - 10pm on weekdays and 9am - 6pm on Saturdays. Email support is available seven days a week.
STANDARDS OF CONDUCT & ACCEPTABLE USE
You agree to conform your use of services to reasonable standards of conduct generally accepted and applied by internet users in your community, including but not limited to the following:
You agree not to use our service in the course of any criminal activity.
You agree not to use our service in the course of any conduct that constitutes tortuous activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights.
You agree not to use our service in the course of any conduct intended to harass, threaten, or abuse, or that is designed to harass, threaten or abuse, or that actually harasses, threatens, or abuses any person.
You agree not to use our service to distribute unsolicited commercial email (UCE or SPAM).
You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials, display or distribution of which is restricted by local, state, or federal law.
AMENDMENTS TO AGREEMENT
Ventur.NET reserves the right to amend this Agreement at any time. You agree to comply with any amendment to this Agreement. It is your sole responsibility to periodically review the Ventur.NET's homepage (www.ventur.net) to find out of any amendments to this Agreement.
PAYMENT, LATE CHARGES AND COLLECTION
Subscribers must pay for the initial month of service at time of sign-up. Service will not begin until payment has been received in full. All dialup accounts are subject to a set-up fee. Overdue accounts are subject to locking and suspension, pending payment. The locked account will be subject to an unlock fee in addition to the balance due and must be paid in full in order for an account to be reactivated. Returned checks are subject to a reprocessing fee of $25.00.
A subscriber may cancel their Ventur.NET service at any time in writing, by email (email@example.com) or telephone. Cancellation will be effective at the end of the current billing period. Subscribers are responsible for notifying administration of intent to cancel and are responsible for all bills up to that point regardless of time Online.
The subscriber is responsible for at least the initial month of payment as well as the setup fees, unless the Ventur.NET Technical Support staff has been unable to effect a connection with the user's hardware and software.
If a residential subscriber is unable to connect to the Internet and notifies Ventur.NET within thirty days of the day of their account being activated, they may cancel service and receive a full refund of all monies paid. This refund will include any set-up fee charges.
TERMINATION BY Ventur.NET - VIOLATION OF AGREEMENT
Ventur.NET reserves the right to immediately terminate your services before the end of your agreement in the event your services are used in a manner that:
Violates any of the terms or conditions of this Agreement.
Tends to damage the good name, or standing in the community, of Ventur.NET or its affiliates or subsidiaries.
Interferes unreasonably with other Subscribers' use and enjoyment of services provided by Ventur.NET.
If Ventur.NET terminates your service immediately, payments received for the remaining term of your agreement, if any, will be forfieted.
TERMINATION BY Ventur.NET - VIOLATION OF AMENDMENT
Ventur.NET reserves the right to terminate your services before the end of your period of service in the event your services are used in a manner that violates any amendment that was not a part of this Agreement at the time you purchased services.
TERMINATION BY SUBSCRIBER
In the event an amendment is adopted by Ventur.NET, which was not part of the Agreement when you purchased your service, and which you find unacceptable or otherwise impossible to comply with, you have the right and duty to terminate your services. In order to terminate services, please submit via postal mail or via fax, a letter in which you set forth your username, real name, signature, and a brief statement of grounds for termination, including specific identification of the relevant amendment(s). Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by Ventur.NET under this Agreement.
Ventur.NET disclaims any and all warranties, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Ventur.NET be liable for any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss or damage to data arising out of the use, partial use or inability to use the service, even if Ventur.NET has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
You agree that Ventur.NET will not be held liable for any damages in excess of the amount that you paid to Ventur.NET for services under this agreement.
NO LIABILITY FOR SUBSCRIBER ACTIONS
You agree that Ventur.NET is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless Ventur.NET, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney's fees, arising from any use, authorized or unauthorized, of your services.
Ventur.NET agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall Ventur.NET be held liable for any financial or other damages due to such service interruptions.
You agree that all information provided through your use of services is provided "AS IS"; that Ventur.NET's link to a web site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service; that any links provided by Ventur.NET are maintained by their respective organizations, which are solely responsible for their content. You agree to hold Ventur.NET harmless for any and all damages arising out of use of such products, services, or links.
Ventur.NET prohibits posting of any information that violates or infringes the copyright rights of any person or identity. If you believe that your copyright (or a copyright you're responsible for enforcing) is infringed by any content on this web site or by any Ventur.NET subscriber, please provide a written statement to Ventur.NET's Copyright Agent, listed below, that contains the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted worked claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ventur.NET to locate the material; (4) information reasonably sufficient to permit Ventur.NET to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ventur.NET will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512©(3)). United States law provides significant penalties for submitting such statement falsely. It is Ventur.NET's policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. Ventur.NET's contact for submission of notices of infringement of copyright rights or any other intellectual property rights is as follows:
You agree that Ventur.NET is not responsible for delays, damages or failures in performance due to causes beyond Ventur.NET's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
You agree that Ventur.NET's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by Ventur.NET of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice Ventur.NET from exercising thereafter the same or other rights, remedies or options.
You agree that this Agreement is the entire agreement between you and Ventur.NET regarding the subject matter of this Agreement; and supersedes all prior representations, understandings or agreements regarding the subject matter of this Agreement.
RIGHT OF ASSIGNMENT
Ventur.NET reserves the right to assign this contract to its affiliates, subsidiaries, successors, or third party service providers.
You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.
LEGAL NOTICES: DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify the appointed agent at Ventur.NET Services by methods as indicated on this web site.