SkyPoint
Communications is a full service Internet Service Provider.
Terms & Conditions
1. Disclaimer of
Warranties: Limitation of Liability.
a. SkyPoint Communications
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SKYPOINT
IN NO EVENT SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
b. Customer
understands that SkyPoint is not a provider of internet backbone
facilities or services, and is not a provider of any internet content.
SkyPoint makes no warranty of any sort of any merchandise, information,
advice, or service accessed or obtained over the internet, and subscriber
and its users are solely responsible for evaluating the accuracy, completeness,
usefulness, and appropriateness of any such merchandise, information,
advice, or services.
c.SkyPoint makes no warranty, express or implied, concerning the
internet access services provided under this agreement. The internet access
services are provided on an "as is" and "as available" basis, and SkyPoint
does not warrant that the services will be uninterrupted or error free,
or that any information, software, or other material accessible on the
internet is free of viruses, worms, trojan horses, or other harmful components.
d.SkyPoint makes no warranty, express or implied, concerning the
data storage services provided under this agreement. The data storage
services are provided on an "as is" and "as available" basis, and SkyPoint
does not warrant that the services will be uninterrupted or error free,
or that any information, software, or other material stored on the internet
will be free from viruses, worms, trojan horses, vandalism, degradation
of storage media, or other harm.
e.SkyPoint makes no warranty, express or implied, concerning the
security of data or transmissions within or without its facilities. All
responsibility for data security resides in the users.
f.
Customer understands that the internet contains unedited material including
sexually explicit material, material which may be offensive to some individuals,
material which may be illegal in some jurisdictions, unlicensed software,
viruses, and information useful only in illegal acts. Customer accesses
such materials at their own risk; SkyPoint has no control over
such materials and accepts no responsibility or liability whatsoever for
such materials.
g.
Customer assumes the risk of using any information obtained via this service.
SkyPoint will not be liable for any damages claimed or suffered
by subscriber or a user as a result of use of the internet access services
or as a result of accessing or using any merchandise, information, advice,
or service obtained over the internet.
2. Use of Services.
a. Customer
agrees not to divulge passwords or allow access to any person not a party
to this Agreement. Customer may access the service through one modem connection
at any time. Simultaneous dialup connections are not allowed.
b.
Customer agrees not to post or transmit any information, files, graphics,
software or other materials through SkyPoint which would violate any applicable
Federal or State law or valid regulation, including but not limited to
laws and regulations relating to intellectual property rights, obscenity,
privacy, defamation, harassment, fraud, and export control.
c. Customer
is expected to be actively involved in using the Services while accessing
the Internet; connections are not to be left unattended ("camping on line").
SkyPoint may, at its option, terminate any connection which is
not actively transmitting or receiving information.
d. If
Customer's use of the service is found by a court or administrative agency
of competent jurisdiction to be in violation of a law or valid regulation
and, if SkyPoint is directed to terminate Services to Customer,
SkyPoint may do so with or without further notice.
e.The
use of non-interactive scripts and programs is prohibited except where
expressly allowed. Scripts and programs which send unrequested or unwanted
data to other users or systems is prohibited and will result in suspension
of the account and possible termination. Examples of such programs and
scripts include but are not limited to IRC bots, mail flooding, UseNet/newsgroup
spamming and e-mail spamming.
f.World Wide Web Hosting: Customer may publish HTML documents for
viewing on the World Wide Web. Customer may not create, install or use
any Server Side Includes (SSIs), cgi-scripts, Server Side Java Scripts
or other software which is accessible by the World Wide Web and which
requires the server to interpret and operate its code. SkyPoint may, at
SkyPoint's sole judgement, evaluate and install such programs on the customer's
behalf. Evaluation and installation of such programs are not covered under
this agreement and will incur further charges to the customer.
g.
Acceptable Use Policies: Customer agrees to adhere to any and all acceptable
use policies of SkyPoint as posted and occasionally updated at
http://www.skypoint.com/AUP. Customer agrees to adhere to any and all
acceptable use policies incorporated into SkyPoint's acceptable
use policies as well as any all acceptable use policies of other internet
services with which customer interacts.
3. Change of Status:
SkyPoint
will occasionally require Customer to update registration and account
information to continue this service. Customer shall notify SkyPoint
in writing of any changes in the account information.
4. Billing:
Fixed service charges
are billed in one month increments, beginning and ending at the first
and last days of the calendar month. Customer will be charged for the
coming month's fixed service costs and the past month's usage-based fees
(such as hourly service charges when applicable). Customer's first bill
will include a prorated charge based on the number of days service will
be provided before the end of that calendar month, and the charge for
the next full month. Fixed service charges will not be prorated in the
event of cancellation or termination. In the event the account becomes delinquent,
Subscriber will be responsible for payment of collection costs and reasonable
attorney's fees if outside efforts are necessary to collect the
delinquent account balance.
5. Term/Extension/Termination:
This Agreement will
extend from the date entered below through the end of the following month.
This Agreement will be automatically extended on a month-to-month basis,
until canceled in writing, or terminated by Skypoint.
6. MERGER:
SkyPoint
and Customer agree this writing represents the complete and exclusive
statement of their agreement, and no prior statements of any kind shall
be effective to or vary or add to its terms. SkyPoint may, with 30 days
notice to Customer, amend the terms of this agreement.
7. GOVERNING LAW.
This Agreement shall
be governed by the laws of the State of Minnesota, and any action brought
under this Agreement shall be venued in the District Court of the State
of Minnesota, Hennepin County.
