General
Pelican Coast Internet Services provides Internet access and related services,
including the hosting of web sites, through its system to its customers. Pelican
Coast does not and cannot control the content, quality or accuracy of
information available through its system or over the Internet in general. These
terms and conditions set forth the basic rules which apply to Pelican Coast
customers and use of its system. We may change these terms and conditions in the
future upon notice published on-line or otherwise provided by Pelican Coast
Internet Services
BY USING OUR SERVICES AND SYSTEM,
A CUSTOMER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS AND
CONDITIONS AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM Pelican Coast
Internet Services. If the terms and conditions becomes unacceptable to a
customer, the customer's only right shall be to terminate its account in
accordance with the Article labeled "Termination and Suspension" below.
Rules of user conduct
By posting information in or otherwise
using any communications service, hosted web site, chat room, message board,
newsgroup, software library, or other interactive service, that may be available
to you on or through this site, you agree that you will not upload, post, or
otherwise distribute or facilitate distribution of any content -- including
text, communications, software, images, sounds, data, or other information --
that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortuous, contains
explicit or graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature directed at
another individual or group of individuals), uses vulgar language in the
creation of a User Name/E-mail Address or otherwise violates Pelican Coast
Internet Services' rules or policies or these Rules of User Conduct;
2. victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of any
party;
4. constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other
computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
data or other information of any third party; or
6. impersonates any person or entity, including
any employee or representative of Pelican Coast Internet Services.
You also agree that you will not harvest or collect information about the users
or members of this site or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk electronic e-mail or
communications.
You further agree that you will not knowingly solicit or collect personal
information from a minor (anyone under 18 yrs old). Personal information
includes but is not limited to name, address, phone number or name of their
school.
Users found to be violating these rules are
subject to immediate termination of their accounts.
Pelican Coast Internet Services generally does not pre-screen, monitor, or edit
the content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services that may
be available on or through this site. However, we reserve the right at our sole
discretion to remove any content that, in our judgment, does not comply with the
Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate.
Agreement to our rules of
user conduct
Pelican Coast Internet Services'
system and services may only be used for lawful purposes and in a manner which
Pelican Coast Internet Services believes, in its sole discretion, to be
consistent with the rights of other Pelican Coast Internet Services customers
and third parties. While Pelican Coast Internet Services is not responsible for
the content of hosted Web Sites, content on all Pelican Coast Internet Services
hosted Web Sites must comply with all laws and must not infringe the rights of
any third party. Without limiting the foregoing, our services and system
shall not be used in a manner which would violate any law or infringe any
copyright, trademark, trade secret, right of publicity, privacy right or any
other right of any person or entity or for the purpose of transmitting or
storing of material which is obscene, libelous or defamatory. Use and access to
other networks through Pelican Coast Internet Services' system must comply with
the rules for such other networks.
Changes to service
The services provided by Pelican Coast Internet Services are expected to change
from time to time. We reserve the right to change any service offered or the
features of any service offered or its system without notice, including changes
to access and use procedures, such as idle disconnection's, and system hardware
and software.
Payment
terms
A customer must pay fees per Pelican Coast Internet Services' rate schedule in
effect from time to time. A customer also must pay any sales, use or like taxes
if applicable. If the payment method is by credit or debit card and payment is
not received by Pelican Coast Internet Services from the card issuer or its
agents, the customer agrees to pay all amounts due upon demand by Pelican Coast
Internet Services. Rate changes will be effective when published on-line or
otherwise provided to customers. Payment terms of monthly fees are due on the
1st of the month or the next business day if the 1st falls on a weekend or
holiday for the upcoming month. Payments not made within 10 days of due date are
considered delinquent. Delinquent accounts are subject to immediate suspension
and/or termination without notice. Costs of collection of unpaid balances are
the responsibility of the customer.
Termination
and suspension
Either the customer or Pelican Coast Internet Services may, at its sole
discretion, terminate the customer's account at any time with or without reason.
Pelican Coast Internet Services also may, at its sole discretion, suspend a
customer's account at any time with or without reason. Monthly charges will NOT
be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES
DUE. Pelican Coast Internet Services may delete all data, files or other
information that is stored in customer's account of hosted Web Site upon
termination. Provisions set forth below in the article entitled "Software", "No
Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
It is the customers responsibility to keep backups of its web site files.
To
cancel the service send written notice
of
the termination request to our office.
You are responsible for the service fees until you have formally requested
cancellation.
In case of unused pre-paid fees, reimbursement will be as follows:
We do not refund partial months of usage. In the event of a request for
early termination, only the unused whole calendar months will be refunded.
Discounts that are offered for term or quantity usage will be deducted from the
refunded amount (reimbursement will be based on our regular published rate). If
termination was for abusive conduct, any costs incurred by Pelican Coast
Internet Services as a result of such conduct will be deducted from the balance.
Software
As a courtesy to customers, Pelican Coast Internet Services has accumulated a
library of software which is "shareware" or "freeware". Pelican Coast Internet
Services is not the author of or otherwise responsible for any of such software
or engaged in the sale or licensing of such software. Pelican Coast Internet
Services MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH
RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO CUSTOMERS.
Indemnity
The customer agrees to indemnify and hold harmless Pelican Coast Internet
Services, its directors, officers, shareholders, agents, employees and its other
customers from any and all claims, liabilities, damages, or expenses, including
attorney fees, arising out of or resulting from any and all use of customer's
account or the customer's Web Site whether or not authorized. The customer
agrees to indemnify and hold harmless Pelican Coast for any expenses or fees
that arise from telephone service. It is the customers responsibility to assure
that the services of Pelican Coast Internet Services are within their local
calling area.
Non-transferability
of accounts
Customer's account and right to use Pelican Coast Internet Services' services
and system is not transferable without Pelican Coast Internet Services' consent.
Customer agrees to protect its password and account and to keep them secure from
unauthorized users and use.
Confidentiality
Pelican Coast Internet Services treats all personal information and E-mail
messages as private. At no time will your information be shared with other
parties except as provided under federal law.
Copyright information
The name of Pelican Coast Internet Services
or the Pelican Coast logo may not be used in advertising or publicity pertaining
to distribution of this information without specific, written prior permission.
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