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
Generally the 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 automatically be billed monthly for service in advance by the selected
method of payment, Visa or Mastercard, at the time of registration or subsequent instructions
received thereafter. The billing cycle shall be monthly. Service may be
terminated for non-payment.
Please keep in mind, there is a one-time professional installation and set-up charge of $99.95 for the Standard Plan, and $149.95 for Rural Standard Plan.
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/tos.html). 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.