End user Terms of Service
Note: All your users are bound by this terms of service.
SysMatrix.Net ISP. ("SysMatrix.Net ISP") agrees to provide you with those services set forth on the Application 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.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
SysMatrix.Net ISP exercises no control whatsoever over the content of the information passing through SysMatrix.Net ISP'S system. Use of any information obtained via SysMatrix.Net ISP is at User's risk. Neither SysMatrix.Net ISP 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 SysMatrix.Net ISP 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 SysMatrix.Net ISP, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SysMatrix.Net ISP 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SysMatrix.Net ISP, 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 SysMatrix.Net ISP IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, SysMatrix.Net ISP'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of SysMatrix.Net ISP in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold SysMatrix.Net ISP, 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 SysMatrix.Net ISP, 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 SysMatrix.Net ISP 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 SysMatrix.Net ISP shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to SysMatrix.Net ISP 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. SysMatrix.Net ISP has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
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 US export control laws and regulations;
- post on web space provided any sexually explicit materials or materials that may be offensive.
- 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 (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 idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots 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.
- SysMatrix.Net ISP has no obligation to monitor the Service. However, User agrees that SysMatrix.Net ISP 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. SysMatrix.Net ISP will not intentionally monitor or disclose any private E-mail message unless required by law. SysMatrix.Net ISP 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. SysMatrix.Net ISP 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 SysMatrix.Net ISP following payment of a reconnection charge, to be determined by SysMatrix.Net ISP in its sole and absolute discretion.
Messaging
User agrees to limit their use of the SysMatrix.Net ISP service, specifically regarding the use of SysMatrix.Net ISP'S electronic (e-mail) services, to the following restrictions and those in the GENERAL section above:
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 SysMatrix.Net ISP service.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, OR THE TERMS DESCRIBED WITHIN THE "GENERAL" SECTION OF THIS DOCUMENT RELATING TO MESSAGING, WILL RESULT IN AN IMMEDIATE MINIMUM CHARGE OF $200. SysMatrix.Net ISP RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF SysMatrix.Net ISP SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PREPAYS FOR THEIR SysMatrix.Net ISP SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, SysMatrix.Net ISP RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF SysMatrix.Net ISP SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
PER VOILATION MEANS A SEPARATE FEE FOR EACH EMAIL THAT IS IN VIOLATION OF POLICY. SYSMATRIX.NET IS NOT OBLIGATED TO CHARGE EITHER THE MINIMUM OR THE MAXIMUM AMOUNT FOR POLICY VIOLATIONS AND MAY CHARGE ANY AMOUNT IT DEEMS APPROPRIATE BETWEEN THE TWO EXTREMES.
Limitation of Web Hosting Services
Although SysMatrix.Net ISP advertises "Unlimited Bandwidth" in regards are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of SysMatrix.Net ISP services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by SysMatrix.Net ISP.
Restricted Content
You agree not to post 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.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your web site if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the web site from our system.
Limitation of Dial-Up Services
Although SysMatrix.Net ISP advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. Please check with your local phone to determine if any of our access numbers are local to you. SysMatrix.Net. will not be held responsible for long distance charges accrued during the use of dial-up services. The sole purpose of these limitations are intended to limit the amount of unnecessary use of SysMatrix.Net ISP services by any such User, which restricts overall SysMatrix.Net ISP system availability for other such Users. These limitations apply only to Dial-Up access services offered by SysMatrix.Net ISP.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
Terms of Payment
A credit card User agrees to allow "SysMatrix.Net ISP" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. Payment is for the upcoming service month. A credit card User shall notify SysMatrix.Net ISP of any changes in credit card number or expiration date. If the card is not honored for any reason, SysMatrix.Net ISP will attempt to notify the card holder by E-mail to the primary sysmatrix email address (youruserid@sysmatrix.net) on the day that billing occurs and the card is not honored. Within 48 hours the dial-up account may be placed on hold and the customer must contact SysMatrix.Net by telephone to correct the billing error OR use the link provided on the "Update Account" page of this website to update the credit card billing information and have the account taken off of hold. If alternative billing has not been established within a reasonable amount of time (usually 30 to 60 days after the account is placed on hold) the account may be terminated. Restoring the account if it has been terminated will be subject to a setup fee of $10.00. If the account was simply placed on hold there will be no additional reconnection fee.
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 SysMatrix.Net ISP in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added to charges for additional Service.
SysMatrix.Net ISP maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to a late payment charge of $5.00 per month on each outstanding invoice. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event SysMatrix.Net ISP utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of SysMatrix.Net ISP'S attorneys' fees and costs in the collection of these sums.
SysMatrix.Net ISP reserves the right to change prices at any time without prior notice to it's customers or the public. Promotional price decreases will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Right to Cancel
SysMatrix.Net ISP reserves the right to cancel Service for any reason without prior notice. Prepaid service is non refundable. SysMatrix.Net ISP will not refund any shipping or handling fees. Cancellations on or after the customer's regular billing date will be charged for that month.
User must notify SysMatrix.Net ISP via this web site to cancel Service. Click on "Update Account" on the above menu to cancel. Fees for any setup, shipping and handling, and monthly service charges placed by SysMatrix.Net ISP are non refundable. Cancellations requested on or after the customer's regular billing date will be charged for that month.
No Confidentiality
Information transmitted through SysMatrix.Net ISP and through the Internet in general is not confidential. SysMatrix.Net ISP can not and shall not guarantee privacy or protection of any User. SysMatrix.Net ISP 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 SysMatrix.Net ISP.
Nontransferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.
No System Backup
SysMatrix.Net ISP does not and will not perform system backups on any User's E-mail account(s). SysMatrix.Net ISP shall not be held responsible for any lost E-mail data, e-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SysMatrix.Net ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
SysMatrix.Net ISP does not and will not perform system backups on any web sites. SysMatrix.Net ISP shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SysMatrix.Net ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
SysMatrix.Net ISP may deny User access to all or part of the Service without notice if User engages in any conduct or activities that SysMatrix.Net ISP in its sole discretion believes violates any of the terms and conditions in this Agreement. If SysMatrix.Net ISP denies User access to the Service because of such a violation, User shall have not right (1) to access through SysMatrix.Net ISP 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 SysMatrix.Net ISP, and SysMatrix.Net ISP 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.
Refunds
In the case that a customer requests a refund, SysMatrix.Net. will refund all money paid by customer if any of the following conditions are met:
If SysMatrix.Net. is unable to provide the services that the customer purchased. (SysMatrix.Net. can not be held responsible if the customer did not check to see if there was a local access number or if the customer's computer is faulty or the service is not used. No refund will be available for this.) E-mail and news feed server access is also not promised beyond our servers. Once an e-mail is sent and it leaves out servers, we have no control over other companies mail servers. SysMatrix.Net. is only guarantying dial-up access. News and mail servers are an added bonus to the customers accounts.
If the customer cancels his/her account, cancellation terms currently in effect are stated on the cancellation form accessed via the "My SysMatrix" menu on our website. There will be no further charges and no refund.
Setup fees are non refundable.
If the user fails to read these user policies before signing up with SysMatrix.Net and/or breaks any of the rules stated with in this polices page, there will be no refund given.
At time of sign-up, customer will be required to provide CVV2 code on the back of their credit card to prove that they have their credit card in hand. This information will be provided to their credit card company if there is a charge back requested.
Miscellaneous
User agrees to notify SysMatrix.Net ISP 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 SysMatrix.Net ISP.
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.
SysMatrix.Net ISP'S 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.
SysMatrix.Net ISP may modify this Agreement from time to time by placing a notice of such modification on our web site, 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 Texas 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.
SysMatrix.Net ISP 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 SysMatrix.Net ISP.
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 SysMatrix.Net ISP as the defendant, shall be proper only in a venue determined by SysMatrix.Net ISP.
In any action between SysMatrix.Net ISP and User to enforce any of the terms of this Agreement, SysMatrix.Net ISP shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and SysMatrix.Net ISP with respect to the Service.
