SERVICE AGREEMENT AND USE POLICY
THIS SERVICE AGREEMENT AND USE POLICY ("Agreement"),
governs access to and use of facilities, services or
resources ("Services", as hereinafter defined) owned and
operated by TotheHome.com ("TotheHome.com, LLC") and this
Agreement is considered to be entered into and binding upon
TotheHome.com, LLC and any User (as User is hereinafter
defined) by accessing and/or using the Services User
acknowledges and assents to be bound by the policies, terms
and conditions set forth herein in their entirety, without
limitation or qualification, as well as all applicable laws
and regulations, in the same manner as if User had
handwritten User's name on a contract.
DEFINITIONS
"Agreement" means this Service Agreement and Use Policy in
its entirety.
"TotheHome.com, LLC" means totheHome.com, LLC, the company, or service provider.
"Service or Services" shall mean any data connection to the
Internet, e-mail account, web hosting space and any other
Internet-related items.
"User" means any person, company, employee, agent, officer,
director, member, successor or assign of any company
accessing or using the services contemplated by this
Agreement and under the terms of this Agreement may be
referred to as User, You, Your, etc.
"Facilities" means any device, transmission method,
equipment location, center, transmission towers and access
points owned and operated by TotheHome.com, LLC.
"Account or Subscription" means either a "Business Account"
or a "Personal Account".
"Business Account" is an account held at a business address
for the purpose of conducting business.
"Personal Account" is an account for use by an individual
for purposes other than business.
"Processes" means bots, server processes such as ftp,
telnet, http, ssh, smtp, pop3, etc. running on an automatic
or manual basis.
"Commercial Web Pages" are web pages promoting or
advertising a service, product or an entity for sale or
hire.
"Wireless Access Device" means a wireless bridge, PCMCIA
card, or external radio and antenna assembly along with the
appropriate mounting devices and cables, and power cords.
DISCLAIMER
TotheHome.com, LLC. exercises no control over the content of
the information passing through TotheHome.com, LLC. As a
User, User is fully responsible for the privacy of, content
of and liability of User's own communications. Persons or
organizations, including Users who publish materials and
information which are accessible through TotheHome.com, LLC
are solely responsible for the content of such material and
information and are solely responsible to know and comply
with all laws applicable to the publication of such
materials and information. TotheHome.com, LLC does not
accept responsibility for the content of materials and
information published by others which are accessible through
the TotheHome.com, LLC networks and TotheHome.com, LLC
will not and shall not be responsible for the violation of
any laws resulting from such publication.
With the exception of information specifically authorized by
or created by or on behalf of TotheHome.com, LLC
TotheHome.com, LLC does not develop or publish, nor does
TotheHome.com, LLC review, censor or edit the materials and
information which are accessible through TotheHome.com,
LLC, or the materials and information which are accessible
through other computer networks which may be connected to
TotheHome.com, LLC. TotheHome.com, LLC does not censor,
limit or control the information that comes in or out of
TotheHome.com, LLC's system, except in accordance with the
provisions of this Agreement and applicable law.
An Account shall be held in the name of a User identified on
the TotheHome.com, LLC billing application.
Your Account may be used by yourself, members of your
immediate family or an Authorized Representative of your
company. Use of your Account by someone other than yourself,
your family members or an Authorized Representative of your
company may cause your service to be terminated.
Processes run by your Account must be run interactively.
Unattended processes will be terminated.
Operation of bots, port scanners or denial of service (DOS)
tools and spamming are also strictly prohibited.
All business accounts are allowed to have Commercial Web
Pages as a separate cost option. TotheHome.com, LLC
reserves the right to refuse services for commercial or
residential web pages based on content or resource
utilization.
TOTHEHOME.COM, LLC SERVICES
TotheHome.com, LLC Services are provided on an available
basis and TotheHome.com, LLC makes no warranties of any
kind, whether express or implied, in connection with the
products or Services provided hereunder. TOTHEHOME.COM, LLC
SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Neither TotheHome.com,
LLC. nor any of its officers, employees, directors, agents
or staff shall be responsible for or liable for any damages
you may suffer or others may suffer, which arise out of or
relate in any way to this Agreement or the use of services
of others provided hereunder. This includes, but is not
limited to, any liability for lost profits, loss of
opportunity, loss of data, or any other loss including that
which may result from any use, misuse, delay,
non-deliveries, missed deliveries, service interruptions,
negligence, errors or omissions. Use of any information
obtained via TotheHome.com, LLC's network is at User's own
risk. TotheHome.com, LLC specifically denies any
responsibility for the accuracy or quality of information
obtained through Services.
SYSTEM USE POLICIES
It is the responsibility of all TotheHome.com, LLC. Users
and their family members or Authorized Representatives or
any others who have access to TotheHome.com, LLC and the
Services provided pursuant to this Agreement and to the
networks of other providers, to comply with the
TotheHome.com, LLC Service Agreement and Acceptable Use
Policy and the acceptable use policies governing those
networks. It is the responsibility of all Users and others
who have access to TotheHome.com, LLC to:
* Use TotheHome.com, LLC's Facilities, Services or
resources in a manner which does not violate any applicable
laws or regulations;
* Respect the privacy of other Users and to not
intentionally seek information on, obtain copies of or
modify files, other data or passwords belonging to other
Users without permission;
* Respect the legal protection provided by copyright,
trademark, licenses and other laws to programs, data and
documents. Users may not upload to TotheHome.com, LLC. any
data or software that is subject to distribution or
copyright limits. Users have the sole liability for any data
or software uploaded to TotheHome.com, LLC;
* Minimize un-authenticated or anonymous access accounts and
the transmission or distribution of messages or articles
from those accounts;
* Use TotheHome.com, LLC's Facilities, Services or
resources in a manner which does not interfere with or
disrupt other network users, services or equipment. Such
interference or disruption includes, but is not limited to:
* Wide-scale distribution of messages or unsolicited e-mail
(spam) to inappropriate forums, mailing lists or e-mail
addresses through TotheHome.com, LLC or another provider.
* Using an account on TotheHome.com, LLC as a mail drop for
responses to spam, or using spam to draw attention to a web
site housed within TotheHome.com, LLC's networks or on a
server connected to TotheHome.com, LLC's networks;
* Propagation of computer worms or viruses;
* Use of the network to make unauthorized entry to other
computational, information or communications devices or
resources. This includes unauthorized security probing
activities or other attempts to evaluate the security
integrity of a network or host system without permission.
* Knowingly or unknowingly maintaining an open proxy server
or mail server connected to TotheHome.com, LLC's networks
with allows unauthenticated access or an open mail relay; or
any server process such as http, httpd, https, ftp, telnet,
ssh and any other such processes and TotheHome.com will
conduct regular scans to detect these processes and will
take steps to terminate the process if found.
ACCOUNT SUSPENSION, TERMINATION AND CONDITIONS
Unless under contractual obligation, TotheHome.com, LLC.
Users have the right to cancel their Accounts at any time,
for any reason.
TotheHome.com, LLC reserves the right to suspend and/or
cancel any TotheHome.com, LLC Account in accordance with
the provisions of this Service Agreement and Acceptable Use
Policy or for any reason not prohibited by law.
If your Account is suspended or interrupted, you are not
relieved of the obligation to pay the monthly account
charges. Only a written notice to cancel this Agreement
relieves you of future charges. If you send us written
notice via e-mail we will contact you or your Authorized
Representative by phone to confirm your decision to cancel
this Agreement. If you cancel this Agreement, payments for
pre-paid months beyond the current month shall be refunded,
less a cancellation fee unless under contractual obligation.
BILLING AND PAYMENT FOR SERVICES
User must provide their own wireless access device such as a
PC card, or you must rent a suitable device from
TotheHome.com, LLC at Service inception in which the device
shall remain the property of TotheHome.com, LLC. Upon
termination of Services for any reason, the wireless access
device and all peripheral items must be returned to
TotheHome.com, LLC within ten (10) days of termination of
Services. Failure to return the device and any accompanying
equipment will result in a charge of the full retail price
of the device or a device comparable in specifications at
the time of service termination.
All Accounts will be billed monthly for service in advance
by the selected method of payment of at the time of
registration or subsequent instructions received thereafter.
The billing cycle shall be monthly. Service may be
terminated for non-payment.
TotheHome.com, LLC may terminate unattended or inactive
connections. The User shall be responsible for any
connection overage charges resulting from extended usage or
failure to disconnect.
ENFORCEMENT AND VIOLATIONS
Each TotheHome.com, LLC User shall be responsible to
distribute, publicize and enforce the TotheHome.com, LLC
Acceptable Use Policy at their sites. In addition, each
TotheHome.com, LLC User shall provide this policy to
appropriate administrative authorities at all sites
connected to theirs via connections not directly supported
by TotheHome.com, LLC
It is acknowledged that TotheHome.com, LLC does not review,
censor or edit the materials and information which is
accessible on TotheHome.com, LLC's network or other
networks which may be connected to the TotheHome.com, LLC.
network; and, if TotheHome.com, LLC. becomes aware that a
User is in violation of any law or this Service Agreement
and Acceptable Use Policy, TotheHome.com, LLC. reserves the
right to terminate service and any evidence of illegal or
prohibited activities by User may be disclosed to the proper
law enforcement authorities.
MISCELLANEOUS
This Agreement is strictly confidential and is not
transferable or assignable without prior written consent of
TotheHome.com, LLC.. User agrees that any change in
liability for any debts incurred to TotheHome.com, LLC. due
to a change in User's form of business shall not be
effective as to TotheHome.com, LLC unless and until
TotheHome.com, LLC receives actual notice of the change by
certified mail.
In the event TotheHome.com, LLC should commence any action
or actions or otherwise seek to enforce this Agreement
against User, User agrees to pay reasonable attorney(s)
fees, court costs, collection fees and other expenses
incurred by TotheHome.com, LLC, whether or not suit is
actually filed.
REQUESTING SERVICE
Service by any User may be requested in the following
manner: (i) execution of an order form; (ii) completion of
an order entry web page; or (iii) submission of another form
of oral or written request for service; and any such
request, regardless of form, will be confirmed upon
TotheHome.com, LLC.'s acceptance of such request, by a
Service confirmation statement provided to User by
TotheHome.com, LLC. The following terms and conditions
govern all dealings between TotheHome.com, LLC and the User
with respect to all products and services furnished or to be
furnished to User by TotheHome.com, LLC. Additional terms
and conditions applicable to particular products and
Services may appear on any corresponding order form, order
entry web page, or service confirmation statement. The term
"this Agreement" refers to and includes the terms and
conditions contained in this sheet along with any applicable
order form, order entry web page or Service confirmation
statement.
By signing the order form, clicking the
I ACCEPT button on the order
entry web page or by keeping and/or using the Services, User
acknowledges and agrees to the terms and conditions
contained in this Agreement. If User does not agree to all
of these terms and conditions, it must discontinue use of
the Services and promptly notify TotheHome.com, LLC. of its
rejection of the terms and conditions. TotheHome.com, LLC
reserves the right to change, modify and/or remove portions
of these terms and conditions at any time. TotheHome.com,
LLC may, at its discretion, provide User with a written
notice of any such changes, and post the changes on
TotheHome.com, LLC's web site (Currently accessible at
http://www.totheHome.com). For accounts of a term other than
month-to-month, the version of this Agreement in effect as
of the date of initiation of the initial term or any renewal
term shall apply to the applicable term and this Agreement
may be modified only upon the separate acknowledgement of
such modifications by User.
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