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Blazedot.com End User Terms of Service
Rev. 8/07
Note: This Terms of Service applies to all Users.
Blazedot.com ("Blazedot.com") agrees to provide you ("User")
with those Services ("Service") set forth on www.Blazedot.com
and affiliated sites 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. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS
AGREEMENT UNDER RIGHT TO CANCEL.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
Blazedot.com exercises no control whatsoever over the content of
the information passing through Blazedot.com�s
system. Use of any information obtained via Blazedot.com is at
User's risk. Neither Blazedot.com nor any of its affiliates,
its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free;
nor does Blazedot.com 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,
NON-INFRINGEMENT, 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 Blazedot.com, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER Blazedot.com NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE 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. Blazedot.com IS UNDER NO
OBLIGATION TO ISSUE REFUNDS, CREDITS OR ANY SUCH REIMBURSEMENT
FOR INTERUPTIONS IN SERVICE AS OUTLINED WITHIN THIS AGREEMENT OR
OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Blazedot.com, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE 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 Blazedot.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, Blazedot.com�S
LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S
SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
UNDER NO CIRCUMSTANCES SHALL Blazedot.com, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM
VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL
OCCURANCES.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of
Blazedot.com in operating the Service, User's sole and exclusive
remedy is to cancel per the terms outlined elsewhere in this
Agreement.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold Blazedot.com, its affiliates, its
licensers, its contractors or their respective 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 Blazedot.com,
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 Blazedot.com 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 Blazedot.com
shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
Age Limit
User represents to Blazedot.com that he or she is 18 years of
age or older. User understands that certain materials available
while using the 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. Blazedot.com has
no control over and accepts no responsibility whatsoever for
such materials.
Prohibited Uses
User may not:
Send unsolicited E-mail, (known as 'Spam') to anyone residing on
our servers or through our servers, or when dialed into the
network. Use of System for Spam or other prohibited uses will
result in immediate termination of any and all Blazedot.com
accounts registered to the User in violation without notice. The
following types of E-mail sent constitute as Spam:
�
Forged
E-mails To/From address other than from the actual sender or to
the actual recipient.
�
Message
subject not related to the E-mail body.
�
E-mail not requested by the recipient.
�
E-mails sent in bulk by sender.
�
Mail bombs.
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 or transmit any sexually explicit materials or materials
that may be offensive as determined by Blazedot.com;
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 right
holder;
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 timer or system tool intended to enforce
the part-time and personal nature of User's connection,
including the use of ping bots 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.
Blazedot.com has no obligation to monitor the Service. However,
User agrees that Blazedot.com 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. Blazedot.com will not
intentionally monitor or disclose any private E-mail message
unless required by law. Blazedot.com 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.
Blazedot.com 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 Blazedot.com
following payment of a reconnection charge, to be determined by
Blazedot.com in its sole and absolute discretion.
Messaging
User agrees to limit their use of the Blazedot.com Service,
specifically regarding the use of Blazedot.com�s
electronic (E-mail) Services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any E-mail 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 E-mail
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 E-mail messages sent while
using the Blazedot.com Service.
Fraudulent Content Acceptable Use
User agrees to be held responsible for the distribution of
fraudulent materials.
USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Blazedot.com
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Any violations of illegal or criminal nature will be prosecuted
to the fullest extent of the law.
Restricted Content
You agree not to post or transmit any of the following
restricted contents: Illegal, Abusive or Unethical Activities
include, but are not limited to, pornography, obscenity, nudity,
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.
Limitation of Dial-Up Services
The sole purpose of these limitations are intended to limit the
amount of unnecessary use of Blazedot.com Services by any such
User, which restricts overall Blazedot.com system availability
for other such Users. These limitations apply only to Dial-Up
access Services offered by Blazedot.com.
Limitation of Accelerated Dial-Up Services
Due to certain conditions which may exist beyond Blazedot.com�s
scope and control, user may not always see the same level of
acceleration and in some cases may not see any at all.
User may discontinue the Blazedot Accelerated service at any
time, and maintain a standard Blazedot.com Dial-Up account. User
may not receive a prorated refund for any unused services left
in that billing cycle.
Idle Timeout
User agrees to have their online session automatically
terminated after fifteen (15) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of data transferred
between User's modem and the Blazedot.com Service.
Maximum Single Session
User agrees to have an online session automatically terminated
after four (4) 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 Blazedot.com
system for a period of one (1) minute following the termination
of their previous online session, regardless of the reason for
the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online
session for each Dial-Up account purchased.
Excessive Usage
All Service plans are prohibited from being used to provide
subscriber with dedicated or constant connectivity.
Blazedot.com reserves the right to immediately terminate or
modify the Services of any User if Blazedot.com determines, in
its sole discretion, that the User is using the Service in an
excessive manner.
Support
Please be advised that technical support over the telephone is
FREE for the first 30 days on new accounts. After the initial 30
days, there is a $4.95 per incident charge for phone based
technical support. There are no charges for questions regarding
your account information or billing. Email support is provided
FREE of charge.
Access Telephone Numbers
An updated and complete listing of Blazedot.com access telephone
numbers is available at www.Blazedot.com.
Blazedot.com CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT
IS LOCAL. Blazedot.com CANNOT CONFIRM THE LOCATIONS AND CITIES
LISTED WITH CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL
LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER
SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY.
Blazedot.com CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE
CHARGES USER MAY INCUR. Blazedot.com, ITS EMPLOYEES OR ITS
AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER
AND WHAT MAY NOT BE LOCAL TO EACH USER. Blazedot.com WILL MAKE
NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR ANY LONG
DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE
CONNECTED TO THE SERVICE.
User understands that from time to time Blazedot.com or its
contractors may add, discontinue or change access telephone
numbers. Blazedot.com and its contractors reserve exclusive
right to add, discontinue or change access telephone numbers as
deemed necessary. User agrees to alter access number if
requested. In the event an access number is not available in a
User�s
local dialing area, it is the sole responsibility of the User to
cancel Service as outlined elsewhere in this agreement.
Blazedot.com will issue no refunds or credits in the event an
access telephone number is changed or discontinued.
Terms of Payment
A
User who provides payment by credit card or debit card agrees to
allow Blazedot.com to bill his or her card on each successive
billing date.
A
credit card User shall notify Blazedot.com of any changes in
credit card number or expiration date. If the card is not
honored for any reason, and if alternative billing has not been
established, the account will be terminated.
Blazedot.com will not be responsible for bank fees, interest
charges, finance charges, over draft charges, or other charges
incurred by User for exceeding credit card limits, exceeding
available bank account balances, or any other such reason.
If payment is by check, payment due dates are indicated on
User's invoice. Dishonored checks are subject to a collection
fee to be determined by Blazedot.com in its sole and absolute
discretion up to the amount allowable by law and User's account
may be suspended until the account is current. If payment is not
received, Service will be terminated.
Blazedot Standard and Accelerated service is available only with
a revolving credit card account, billed monthly, semi-monthly
and annually. Payment by check is not currently available for
any of Blazedot�s
services. This policy may change at any time.
Blazedot.com maintains the right to terminate Service for any
unpaid subscriptions. Accounts in default may be 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
Blazedot.com utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of Blazedot.com�s
attorneys' fees and costs in the collection of these sums.
Blazedot.com reserves the right to change prices at any time
without prior notice to its Users or the public. Price changes
will not be retroactive for existing Users, regardless of the
length of their existing Service subscription.
All amounts due, referenced on the Blazedot.com web site, or
quoted by representations of Blazedot.com and its affiliates are
understood by User to be in United States Dollars (USD).
Right to Cancel
Blazedot.com reserves the right to cancel Service for any reason
without prior notice. Blazedot.com reserves the right to close
accounts deemed to have excessive usage (see above section,
"Excessive Usage"). User may discontinue their Blazedot.com
Service at any time
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