Note: By utilizing our services, you understand and agree to these terms.
Hmon Networks reserves the right to change, update and append this agreement as necessary without notice.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. HMON NETWORKS exercises no control whatsoever over the content of the information passing through HMON NETWORKS' system. Use of any information obtained via Hmon Networks is at User's risk. Neither HMON NETWORKS nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Hmon Networks 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, NONINFRINGEMENT, 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 HMON NETWORKS , ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER HMON NETWORKS NOR ITS AFFILIATES, ITS LICENSORS, 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HMON NETWORKS , ITS AFFILIATES, ITS LICENSORS, 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 HMON NETWORKS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, HMON NETWORKS'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of HMON NETWORKS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold HMON NETWORKS , its affiliates, its licensors, its contractors or their respective employees harmless against any and all liability, loss, claim, judgement, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by HMON NETWORKS , its licensors, 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 HMON NETWORKS 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 HMON NETWORKS shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to HMON NETWORKS that he or she is 18 years of age or older. User understands that certain materials available from 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. HMON NETWORKS has no control over and accepts no responsibility whatsoever for such materials.
User may not:
-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 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 rightholder
-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 (SPAM and UCE) *See Appendix A
-allow users to run Maillist, Listserv or any form of auto-responds from User's account
-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 of illegal activity such as denial of service attacks and ping floods.violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
HMON NETWORKS has no obligation to monitor the Service. However, User agrees that HMON NETWORKS 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. HMON NETWORKS will not intentionally monitor or disclose any private E-mail message unless required by law. HMON NETWORKS 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. HMON NETWORKS 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 HMON NETWORKS following payment of a reconnection charge, to be determined by HMON NETWORKS in its sole and absolute discretion. Like all services, HMON NETWORKS reserves the right to refuse service if we think that its intended usage may be illegal or harmful to HMON NETWORKS or the rest of the net.
Terms of Payment
User shall be responsible for any and all fixed and accumulative charges for User's account. The first month service fee (or other available billing period selected) is due upon the agreed date. Failure to use this account(s) does not relieve User of payment obligations.A credit card User agrees to allow HMON NETWORKS to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify HMON NETWORKS of any changes in credit card number or expiration date. If the card is not honored for any reason, HMON NETWORKS will temporarily disable User's login until new card data is supplied.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 HMON NETWORKS in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received on due date, HMON NETWORKS will temporarily disable User's services until payment is satisfied.HMON NETWORKS maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event HMON NETWORKS utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of HMON NETWORKS'S attorneys' fees and costs in the collection of these sums.
Right to Cancel
HMON NETWORKS reserves the right to cancel Service for any reason without prior notice. In case of cancellation, unused fees may or may not be returned to User on a pro-rata basis. Pro-rated refunds are calculated using USERS current monthly service rate and pro-rating occurs on a monthly basis only.
User must notify HMON NETWORKS via telephone or in writing to cancel Service. Fees for any setup and the first month's Service are not refundable.Refunds for prepaid service will be based on the number of months the service was used.
Information transmitted through HMON NETWORKS and through the Internet in general is not confidential. HMON NETWORKS can not and shall not guarantee privacy or protection of any User. HMON NETWORKS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of HMON NETWORKS .
HMON NETWORKS makes a best effort to backup user's E-mail account(s), web account(s) and any other data that resides on the HMon Networks network. HMON NETWORKS shall not be held responsible for any lost E-mail data, email attachments,any E-mail message contents, web site contents, or any data, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, HMON NETWORKS will not provide historical data, to any party for any reason, regarding any system or Internet activity.
If User is found again, to be in violation of this agreement, User's account will be immediately terminated with NO REFUND of previously paid fees.
Failure to Comply With Terms and Conditions
HMON NETWORKS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that HMON NETWORKS in its sole discretion believes violates any of the terms and conditions in this Agreement. If HMON NETWORKS denies User access to the Service because of such a violation, User shall have no right (1) to access through HMON NETWORKS any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through HMON NETWORKS and HMON NETWORKS shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
User agrees to notify HMON NETWORKS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to HMON NETWORKS .
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
HMON NETWORKS' failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
HMON NETWORKS may modify this Agreement from time to time by placing a notice of such modification at http://www.Hmon.Net/aup.htm, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
HMON NETWORKS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of HMON NETWORKS .
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming HMON NETWORKS as the defendant, shall be proper only in a venue determined by HMON NETWORKS .In any action between HMON NETWORKS and User to enforce any of the terms of this Agreement, HMON NETWORKS shall be entitled to recover expenses, including reasonable attorney's fees.
Any User of HMON NETWORKS' services can contact HMON NETWORKS at any time if they receive any material they deem to be offensive or excessive. HMON NETWORKS will attempt to stop such material through HMON NETWORKS' service by any means deemed necessary. Not limited to litigation of any offenders. Any unsolicited messages (e-mail) sent to or through HMON NETWORKS'S servers will be charged at a rate of $1.00 per message. HMON NETWORKS will initiate all billing and receipt for said charges. All charges collected for abuse of service will be paid to HMON NETWORKS with no obligation to User. Any user found to be utilizing Hmon Networks' dial up or dedicated service for the transmission of SPAM or UCE will be immediately terminated as a client without refund or compensation of any sort. Client will be charged $250.00 in addition to the $1.00 per message stated above, to cover Hmon Networks employee's lost time. SPAMMING as defined by HMON NETWORKS is the sending of unsolicited or promotional email in a global manner, this includes any list of addresses purchased or acquired from any source whether credible or not. Direct marketing or bulk email is considered to be a fancy word for SPAM or Unsolicited Commercial Email (UCE).