GDN User Agreement
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This Internet Access Agreement ("Agreement") represents the complete agreement and understanding between Gainesville Direct Net, Inc. and the each subscriber to GDN, Inc.'s Internet access service ("You," which term includes anyone using GDN, Inc. Internet access service through Your account) and supersedes any other written or oral agreement. Upon notice published on-line by GDN, Inc., GDN, Inc. may from time to time modify the terms and conditions of this Agreement, amplify them, or modify the price structure, as well as discontinue or change services offered. |
USE OF YOUR INTERNET ACCESS ACCOUNT constitutes Your approval to the terms of this Agreement. If You do not agree to these terms and conditions, please notify us immediately in writing so we can initiate a closure of Your account. GDN reserves the right to add to or modify this agreement with a notice posted on the web site to notify users of the change. |
1. GDN, Inc. exercises no control whatsoever over the content of the information passing through it. GDN, Inc. makes no warranties of any kind, whether express or implied, for the service it is providing. GDN, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. GDN, Inc. will not be responsible for damages You may suffer, including but not limited to: The loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by GDN, Inc.'s own negligence, service outages beyond both parties' control, Your errors or omissions, or the fault of third parties. |
2. Certain Internet services may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. GDN, Inc. does not endorse such materials and disclaims any and all liability for such content. |
3. Use of any information obtained via GDN, Inc. is at Your own risk. GDN, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. |
4. GDN, Inc. Internet connections and all other services provided to You by GDN, Inc. may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. federal or state regulations or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other law or statute, threatening material or obscene material. |
5. You agree to indemnify and hold harmless GDN, Inc. from any claims resulting from Your use of the service. |
6. GDN, Inc. accounts can not be transferred or used by anyone other than You. No more than one login session can be used at any time by You on any system account. If You have multiple accounts, You are limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation. |
7. GDN, Inc. services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. When GDN, Inc. becomes aware of possible violations, GDN, Inc. will initiate an investigation, and in order to prevent future possible unauthorized activity, GDN, Inc. may suspend access to services to the individual account in question. A violation of this Agreement may result in cancellation of the individual account. The account suspension may be rescinded at the discretion of GDN, Inc. following payment of a reconnection charge. |
8. GDN, Inc. reserves the right to cancel service for any reason without prior notice. In case of cancellation by GDN, Inc., unused fees may be returned to You on a pro-rated basis. Fees for setup and the first month's service are not refundable. You may cancel service at any time by delivering written notice two (2) weeks prior to the date of cancellation to GDN, Inc. If You cancel your service, NO funds shall be returned. GDN is not responsible for email accounts, web pages, DNS entries, or personal files left on the account after cancellation. Further, GDN is not required to forward email, web pages/links, DNS primary or secondary entries to any other service provider prior to or after cancellation. This non-refund clause applies to ALL accounts, including current customers, special promotions, and business arrangements. |
9. GDN cannot 'suspend' account billing for any given amount of time. We have to disconnect the service and then reconnect the service. This will cost $10 - half a setup fee - to reinstate the 'inactive' account. |
10. If a payment check
is returned for any reason, GDN charges a Returned Check Fee of $25 per
check. Also, if check or money order payments are not recieved by the tenth
of the month, a $5 late fee will be added to the next bill. Delinquent accounts will be dealt with as follows: The first month that payment is not recieved, $5 will be added to Your bill. The month after payment is not recieved by the due date, you will be considered in default and account suspension may be enacted. The third month the account is past due will warrant deletion of the account, and referral to a credit/collections agency for processing. |
11. GDN, Inc. requires that this agreement be made with a person who is qualified to contract. As such, You must be over the age of eighteen (18) years to be a subscriber to GDN, Inc.'s Internet access service; otherwise, a parent or guardian must accept this Agreement and make the proper payment. GDN, Inc. cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. |
12. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. GDN is not responsible for other network's AUP, but if a violation of a remote network's rules is reported, an investigation by GDN will occur. |
13. Use of Internet access services may involve listing Your participation in relevant directories, and You expressly grant permission for such listings. |
14. Bulk email to more than 100 users from GDN is not permitted. Users sending letters with more than 10 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 10 recipients and unsolicited commercial mail to multiple recipients are not allowed. |
15. Commercial postings to non-commercial Newsgroups, or postings which are directed to either inappropriate, unrelated, or more than 20 groups is prohibited. Groups in the rec.* hierarchy are not intended to advertise goods or services offered by other service providers. The cross-posting of articles into non-related Newsgroups is strongly discouraged due to the congestion created by this practice. |
16. GDN allows users who subscribe to any account with Shell access ONE background process. This one process is limited to a bot or screen session, one or the other. GDN reccomends using Eggdrop bots because they use less system resources. GDN can not provide technical support for the setup, or maintaining of any bot; that is up to the user. If any notice of a user running multiple bots, or multiple processes for one bot, GDN reserves the right to cancel the users service. If complaints from other network administrators are recieved about such bots, the account will be terminated. |
17. All services must be paid in advance and will be debited against the credit card account You have previously tendered to GDN, Inc. Cancellation of that credit card account or termination of service shall not relieve You from Your obligation to satisfy outstanding account balances. In the event GDN, Inc. utilizes an attorney to collect outstanding amounts owed, You shall be responsible for the payment of all GDN, Inc.'s attorney's fees and costs in pursuing the collection of these sums. Venue for any litigation concerning your relationship with GDN, Inc. shall be in Alachua County, Florida. |
18. All accounts advertised as "UNLIMITED" or "UNMETERED" are unlimited in the total amount of time used during the billing month. You understand that GDN is under no obligation to provide You with a dedicated/continuous/uninterrupted/connection. Connection session limits and disconnections due to idling will be set and maintained by GDN at a rate deemed reasonable by GDN, and GDN's doing so does not alter the "UNLIMITED" or "UNMETERED" description of Your account. Disconnections due to phone line problems anywhere between GDN and your computer are not GDN's responsability. Dedicated accounts are available for customers needing to stay on continuously, or exceed the session limit. |
19. New accounts that signup for monthly, quarterly or annual agreements understand that GDN will continue to bill at these intervals automatically without the authorization of the customer. You are responsible for the cancellation of service at any time. GDN may send an email notification to You on when your credit card is billed or an invoice is sent. GDN does this as a courtesy for your records only. |