INTERNET USER TERMS & CONDITIONS
These Terms and Conditions apply to every individual or entity subscribing to, and/or using, an account provided to you by SPITwSPOTS, LLC ("SPITwSPOTS"). Your use of a SPITwSPOTS account constitutes acceptance of these Terms and Conditions and you acknowledge that you have read and understand them. As a SPITwSPOTS customer, you agree to comply with the rules, standards and guidelines set out in these Terms and Conditions, and you acknowledge that SPITwSPOTS has the right to enforce these Terms and Conditions, in its sole discretion. This means that if you or anyone using your member privileges violates any provision of these Terms and Conditions, SPITwSPOTS may take all appropriate action including termination of your account privileges without notice. Prospective customers who cannot or otherwise believe that they may not comply with these terms should not purchase services from SPITWSPOTS. Current customers who cannot or choose not to comply should deactivate their service. Termination fees may apply.
SPITWSPOTS reserves the right to modify these Terms and Conditions at any time without notice. Your continued use of an SPITwSPOTS account constitutes acceptance of the then-current Terms and Conditions in place as posted on this website. These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written between you and SPITwSPOTS. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to a SPITwSPOTS account unless specifically adopted in a written agreement between you and SPITwSPOTS.
RESIDENTIAL TERMS & CONDITIONS
CONSUMER ACCEPTABLE USE POLICY
1. Appropriate Use
SPITwSPOTS encourages you to participate in the online world to express your views and benefit from the interactive experience. However, it is important to remember that there are rules of conduct that you must abide by as a SPITwSPOTS customer. You are solely responsible for your conduct while using your SPITwSPOTS account, as well as the conduct of anyone else using your account. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through SPITwSPOTS.
SPITwSPOTS reserves the right to delete, move or edit any such item that SPITwSPOTS, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material SPITwSPOTS believes may cause any liability for it or which may cause SPITwSPOTS to lose the services of any supplier, including but not limited to any carriers which may provide services to SPITwSPOTS or its Customers.
Use for Lawful Purposes
No P2P File transfer Programs. These include but are not limited to Kazza, Kazza lite, Gnutilla Networks both 1 and 2, E-Donkey, Bit-torrent, Lime Wire, and any other similar program which is widely used for copyright infringement. Persons found to violate this rule shall be kicked from the network or given a warning at SPITwSPOTS sole discretion. SPITwSPOTS reserves the right to actively block the use of these and any similar programs by any means deemed suitable by SPITwSPOTS.
You may only use SPITwSPOTS products and services for lawful purposes. The laws that apply in the offline world must be obeyed on-line as well. Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. "Content" means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, including material protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Conduct in the SPITwSPOTS space should conform to the requirements of the law, respect for the rights of other users of SPITwSPOTS, and current standards for communicating online. This includes following the rules of any Internet service provider, any other online services, and all applicable state, local and federal laws (including foreign or international law where appropriate).
Some examples of prohibited illegal conduct are:
SPITwSPOTS shall cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If SPITwSPOTS decides to investigate or resolve possible misuse involving you or anything you do on your SPITwSPOTS account, SPITwSPOTS is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as SPITwSPOTS in its sole discretion believes to be necessary or appropriate.
Objectionable Conduct and Content
SPITwSPOTS reserves the right to remove content, without notice, if we become aware of content in any SPITwSPOTS area which, in our judgment, would be distasteful, shocking or threatening to another user. SPITwSPOTS reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.
A general guideline is to ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. Some examples of objectionable conduct and content are:
System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. SPITwSPOTS will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
2. Limitations and Restrictions
SPITwSPOTS service availability to you is subject to varying network conditions. The service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations or orders, system capacity limitations, equipment modifications, upgrades, relocations repairs or other activities within or beyond our control. SPITWSPOTS reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations. SPITWSPOTS reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations.
Newsgroup and Bulletin Board Posting
You may access newsgroups (also referred to as Usenet) and other online bulletin boards through SPITwSPOTS. SPITwSPOTS has no control over what others on the Internet might post to the many newsgroups and bulletin boards available on the Internet. However, SPITwSPOTS does impose restrictions on what you may post through the use of your SPITwSPOTS account. Use of an SPITwSPOTS account to post to a newsgroup or bulletin board in violation of the rules of that newsgroup, if any, is prohibited. Incidents of violation that are brought to the attention of SPITWSPOTS via complaints by newsgroup or bulletin board moderators or other Internet users is a violation of these Terms and Conditions.
SPITWSPOTS RESIDENTIAL services are considered "unlimited bandwidth," meaning SPITwSPOTS does not charge customers based on the amount of data they actually transfer. Residential accounts are meant for attended use by an individual or family. Commercial grade accounts are meant for similar attended use, but by larger groups of users and with the addition of commercial, revenue-generating activities. SPITWSPOTS residential and commercial grade services are not meant for continuous or automated high-volume data transfers.
3. Customer Responsibilities
Termination of an Account
You acknowledge that your use of a SPITwSPOTS account shall not be deemed to convey any property interest in the resources of SPITwSPOTS, in the login name(s), the email address(s), or any other element of an SPITwSPOTS account. SPITwSPOTS may at its discretion terminate your account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, you may terminate your account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account; termination charges, however, may apply. In addition, certain bundled pricing of SPITwSPOTS services and other services provided by SPITWSPOTS may not be available in the event you terminate your SPITwSPOTS service.
SPITWSPOTS manages its network for the benefit of all users. To maintain the quality and performance of the SPITWSPOTS network, SPITWSPOTS reviews the overall statistics of its user community and identifies those accounts with usage in excess of expected ranges. Normal use and occasional heavy use should not cause usage patterns to exceed the expected range. Activities that involve extended, high-volume continuous data transfer might cause your activity to exceed expected ranges. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, or streaming video. The hosting of a server of any kind, including for personal use, is prohibited. If your usage pattern is excessive, you will be notified to either upgrade your service plan or reduce your usage pattern. If you choose neither of these options, SPITWSPOTS reserves the right to terminate your service and/or account.
Pricing & Deposits
Pricing for SPITwSPOTS accounts is established separately from these terms and conditions. Your failure to pay for use of a SPITwSPOTS account in accordance with pricing established by SPITwSPOTS shall result in immediate suspension of your account. SPITwSPOTS may, at its sole discretion, require you to pay a deposit to be held by SPITwSPOTS as a guarantee of payment of the charges we require for service. The fact that a deposit has been made does not relieve you of from the requirement to make prompt payment for service, and does not affect SPITwSPOTS’ right to discontinue service for your failure to pay SPITwSPOTS for services you consume.
SPITWSPOTS Network Equipment
Except in those cases in which SPITwSPOTS has specifically sold you the network equipment needed to use the SPITwSPOTS services, SPITwSPOTS retains ownership of the wireless equipment that is issued in conjunction with your subscription. You agree to maintain the equipment in good working order and to keep it safe from damage and in your possession as long as you continue to use the services. In the event either you or SPITwSPOTS should terminate your account, you agree to return all of the equipment and materials issued to you, including all wireless equipment, cables, power supplies and software. In the event any of the materials supplied to you by SPITwSPOTS are not returned, or are returned in non-working condition, we may charge you reasonable replacement cost for these missing or damaged items.
Information, Files and Programs
SPITwSPOTS accounts may be used to access to all manner of information, files and programs is available on the Internet. When accessing such resources, SPITwSPOTS strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. SPITwSPOTS cannot, and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet. SPITwSPOTS can only urge caution in the retrieval and/or use of any information, file or program from the Internet.
SPITwSPOTS explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an SPITwSPOTS account is at your sole risk.
When using any on-line resource - whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet - SPITwSPOTS cautions account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). SPITwSPOTS explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.
Interruption of Service
From time to time, the services offered by SPITwSPOTS may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions of service may occur in a given city or network wide in order for SPITwSPOTS to perform maintenance tasks. Interruptions may also occur for reasons completely beyond the control of SPITwSPOTS.
4. Limitation on Warranty, Limitation of Liability, and Indemnification
Your use of a SPITwSPOTS account constitutes your acknowledgement and agreement that SPITwSPOTS:
SPITWSPOTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY SPITWSPOTS, IF ANY, AND (4) ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME.
Your use of a SPITwSPOTS account constitutes your agreement that any and all damages which might arise from your use of the services, equipment supplied, software, Internet content, shall be your responsibility and shall not be the responsibility of SPITwSPOTS. Your use of a SPITwSPOTS account constitutes your waiver of any and all claims against SPITwSPOTS for any and all such damages.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPITWSPOTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPITWSPOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SPITWSPOTS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPITWSPOTS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPITWSPOTS SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SPITWSPOTS SERVICES.
SPITwSPOTS takes no responsibility for any such on-line distribution or publication by you. SPITwSPOTS does not review messages or content you may generate or post, and SPITwSPOTS is not responsible for what is contained in those messages or content. As a condition of your use of a SPITwSPOTS account, you agree to indemnify and hold harmless SPITwSPOTS for any and all claims made by any third party arising from your use of your SPITwSPOTS account, including claims against anyone utilizing your SPITwSPOTS account, whether or not known or allowed by you.
None of the provisions in this section of these Terms and Conditions shall be deemed to negate any other provision of these Terms and Conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.
Interruption of Service
Use of a SPITwSPOTS account constitutes your acknowledgment that such interruptions will occur from time to time. You acknowledge and agree that SPITwSPOTS shall not be liable to you for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of SPITwSPOTS.
By way of example, access to on-line brokerage services via the Internet would be lost during an interruption of service. SPITwSPOTS cannot and will not be responsible for loss of such access, regardless of whether the loss of such access occurs as a result of an interruption of service by SPITwSPOTS, or for any other reason. It is your responsibility to plan in advance against the possibility of occasional loss of access to such services.
Excusable Delay and Failure to Perform
SPITwSPOTS shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of SPITwSPOTS.
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