SnowCrest Terms and Conditions
1. SnowCrest, Inc. ("SnowCrest") exercises no control whatsoever over the content of the information passing through SnowCrest.net. SNOWCREST MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE IT IS PROVIDING. SNOWCREST ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION, although SnowCrest's current practice is to utilize reasonable efforts to maintain such confidentiality. SnowCrest shall not be liable to customer for any delays in the performance of service or any failure to perform hereunder. SnowCrest shall not be liable to customer or any third party for any claims arising from or relating to use of SnowCrest's services, including any claims for indirect, special or consequential damages. SnowCrest will not be responsible for any work performed by third parties arising from or relating to use of SnowCrest's services. SnowCrest will not be responsible for any damage you suffer from your use of SnowCrest services. This includes, but is not limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Use of services and information obtained via SnowCrest services is at your own risk. SnowCrest specifically denies any responsibility for the content, accuracy or quality of any information, obtained through its services. SnowCrest does not exercise editorial control over the content of any Website, electronic mail transmission, news group or other material created or accessible over or through its services. However, SnowCrest may, in its sole discretion, remove any materials from its network which may be illegal, may subject SnowCrest to liability or which violates these Terms and Conditions. Any violations of these Terms and Conditions may result in suspension or termination of either your access to SnowCrest's services or to your SnowCrest account.
2. SnowCrest services may only be used for lawful purposes. Transmission of any material in violation of any local, state, national or international law or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, abusive, hateful or obscene, or material protected by trade secret laws. In addition, transmission of any material that harasses another is prohibited. You agree to indemnify and hold harmless SnowCrest from any claims resulting from your use of the service which damages you or another party.
3. The use of SnowCrest services to transmit certain kinds of information (including, but not limited to, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the States. Since SnowCrest exercises no control whatsoever over the content of information passing through its network, the entire burden of complying with such laws and regulations rests with its customers. You agree to comply with such laws and regulations and to indemnify and hold harmless SnowCrest from any damages it may suffer resulting from any violation of the export control laws of the United States.
4. Any access to other networks connected to SnowCrest's network must comply with the rules appropriate for that other network. Use of SnowCrest's network itself may be for any lawful purpose. Use of SnowCrest.net for commercial purposes is permitted. However, you may not resell the information obtained through SnowCrest network or provide Internet access to others without the express written permission of SnowCrest.
5. Your SnowCrest account is available only for your use, and the use of immediate family members living in the same household as yourself, or the use of your business associates working at the same location as yourself. You may not allow other persons to use your account in any way.
6. When connected to SnowCrest using Snowcrest's Wireless Access, DSL access, or Cable Access, you may not connect any computer for the purpose of providing content on a continuous basis (know as a "server") without written consent form SnowCrest. SnowCrest reserves the right to suspend or disconnect your service with notice if it determines that you are not in compliance with this clause.
7. If you elect to use the WWW option, and store information on SnowCrest's machines to be published to the Internet, you agree to allow anyone to view, download and use any such information. You agree not to place any information on SnowCrest's machines which is copyrighted, illegal, contains computer virus(es), or is inappropriate to SnowCrest's image to the public. SnowCrest reserves the right to remove any such information which in SnowCrest's sole discretion is deemed inappropriate. Such removal may be done without notifying you. SnowCrest may remove the WWW option from you account if you continue to store such inappropriate material on SnowCrest's machines.
8. You agree to pay all charges incurred through access of your account. The right to use the service is not transferable. Payment is due in advance of service. Accounts are in default if payment is not received by the first of each month. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from SnowCrest. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay SnowCrest reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Payment may be directly billed to a credit card, and in such case the above terms apply if such billing is refused by the credit card company. In the case of credit card billing, the card will be charged once per month, and the invoice will be sent to you by Electronic Mail over SnowCrest's network. In the case of payment by check or money order, it is the user's responsibility to maintain a positive credit balance. SnowCrest will debit this balance once per month and an invoice will be sent to you by Electronic Mail over SnowCrest's network. You are responsible for any charges imposed by your telephone company for long distance or toll service incurred during your use of SnowCrest's services.
9. Service is invoiced monthly and may be canceled in writing by either party with 30 days notice with no penalty.
10. SnowCrest will provide the necessary DSL equipment for a monthly recurring rental fee. You agree to keep a one year DSL service agreement with SnowCrest. You agree to keep that service agreement in good standing with SnowCrest as described in paragraph 8. At the completion of the one year service agreement, service then is governed by the terms stated in paragraphs 8 and 9. If your account is cancelled by either party before the completion of the one year term, the cost of provided DSL equipment will be deducted from your account or the DSL equipment may be returned to SnowCrest in complete working order in lieu of the equipment cost. Any outstanding balance on your account will be handled as described in paragraph 8. The one year service agreement may be lifted at any time without penalty by reimbursing SnowCrest the cost of the provided DSL equipment or return of the equipment. This will be the cost of the provided DSL equipment at the time the equipment was purchased by SnowCrest. Service will then be governed by the terms stated in paragraphs 8 and 9. SnowCrest will provide a $500 instant rebate on the price of the necessary Wireless equipment. In exchange, you agree to keep a one year Wireless service agreement with SnowCrest. You agree to keep that service agreement in good standing with SnowCrest as described in paragraph 8. At the completion of the one year service agreement, service then is governed by the terms stated in paragraphs 8 and 9. If your account is cancelled by either party before the completion of the two year term, the $500 rebate will be deducted from your account. Any outstanding balance on your account will be handled as described in paragraph 8. The two year service agreement may be lifted at any time without penalty by reimbursing SnowCrest the cost of the $500 rebate. Service will then be governed by the terms stated in paragraphs 8 and 9.
11. SnowCrest may provide certain end-user software to facilitate your use of SnowCrest's network. Such software and any related documentation may be "shareware." This means that the software author provides the software for your evaluation purposes. Most shareware authors request that you send them a payment if you find the software useful. Such payment requests are documented in the "Readme" file associated with such software. SnowCrest is not providing the software in exchange for the connection fee. If you find the software useful, you should read and comply with the author's request for payment. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNOWCREST SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. These Terms and Conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of SnowCrest.net constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be revised, amended or modified by SnowCrest at any time and in any manner. Any such revisions, amendments or modifications shall be published on SnowCrest's website. You agree to periodically review these Terms and Conditions as posted on SnowCrest.net's website. Continued use of SnowCrest following such modifications constitutes acceptance of these Terms and Conditions, as modified.
13. All individuals accessing SnowCrest's network represent to SnowCrest that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access SnowCrest network unless the express written agreement of such individual's parent or legal guardian has been furnished to SnowCrest. Certain material available through SnowCrest's network (from the Internet) may not be suitable for individuals under the age of 18.
- No action
- Issue written or verbal warnings
- Suspend user's newsgroup posting privileges
- Suspend user's account
- Bill the user for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or collect damages, if any caused by violations
For Violation of these Terms and Conditions or other good cause SnowCrest may suspend or terminate your access to SnowCrest's services or your SnowCrest account without prior notice. You agree to take appropriate action against persons who obtain Internet access or other Internet based services from you and who violate SnowCrest's Terms and Conditions. You further agree to cooperate fully with SnowCrest in any actions taken by SnowCrest to enforce these Terms and Conditions.