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 which 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 or purchase initially their own wireless access
device such as a PC card, USB adapter, 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 rented 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.
The monthly advertised subscription price requires that all accounts will
automatically be billed monthly for service in advance by the selected method
of payment, Visa or Mastercard, or other credit card, at the time of
registration or subsequent instructions received thereafter. The billing cycle
shall be monthly. Service may be terminated for non-payment, or if the card has
expired and an active card is not provided.
If a customer requests manual invoicing instead of the automatic monthly
credit card billing authorization process, a $5 per month additional fee is
added to the chosen plan.
Please keep in mind, there may be a one-time professional installation and
set-up charge of $49 for residents within your city limits proper, and $59 for
Rural Residents located outside of your city limits.
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.