orlandoisp.com
Terms of Service
Updated on March 3, 2004

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

Warranty Disclaimer

No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercize no control whatsoever over the content of information that is passed through our system. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY OURSELVES, OUR AFFILIATES, OUR LICENSERS, OUR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices by us in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Age Limit

User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not:

Send SPAM, or bulk email when dialed into the network.
Post offensive messages, threatening messages, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others.
Transmit anything that is protected by copyright without permission.
Attempt to violate the security of any computer network.
Engage in any illegal activity.

You must also understand and agree to our expanded Spam Policy

Dialup Restrictions

User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.

User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.

User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

Email Restrictions

User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
User may not send to more than 25 recipients at a time.
User may not send more than 100 emails per hour period.
User may not send from an email address that is not their own.
User may not send an email that is over 10 MB in size.
User may not forge message headers to hide the origin of their email.
Provider may block certain attachment types used in transmitting viruses.
Provider may delete email from accounts whose size exceed the ability to retrive it normally.

Web Space Restrictions

User may not run any daemons on the server.
User may not run any program that sends out bulk email through the server.
User may not run any formmail.pl, formmail.cgi, cgiemail program or other programs as described in our spam policy.
You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Right to Cancel

We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service. Prepaid service is not refundable past the current month. There are no refunds on accounts whose service is terminated due to violation of our terms of service.

The term of this Agreement is indefinite and Service will continue until canceled as provided herein. We will automatically renew Service that you subscribe to on a periodic basis, including monthly and annual subscriptions unless you notify us that you wish to cancel it. Accounts specified as "Vacation" accounts will be automatically cancelled after the term specified on the initial subscription.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, as required by law, or due to a suspected or actual violation of our terms of service, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Although we do perform occasional system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website.

Some hosting features available to commercial accounts unless otherwise specified may not be available for personal webspace.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company. We do not, however deliberately read user's emails for entertainment purposes.

Privacy Policy

Any personally identifiable information collected by this site is not shared with any third party other than under the conditions below:
1. Affiliates, Licensors or Contractors strictly for the purpose as necessary for the technical functioning of the site or making your use of this site more enjoyable.
2. We will also voluntarily provide information to legal authorities or network service providers upon presentation of reasonable cause that a crime has been committed or that network services are or have been disrupted by users of our services.
3. We do not use cookies on this site to log visitor behavior, however some of the software programs used here may use temporary cookies to assist the user in moving from page to page. This information ceases to exist on our system when the user leaves the site. Some software here also logs the IP of an individual and this information could be retrieved from our logs and our service providers who could provide specific information about that user at that time in the case of legal situations. Our systems also use firewall technologies which may block individual users or entire systems from reaching this site in the case of abuse.
4. If we discover this site is being used to collect addresses for spam or other abusive activities, we will report such spam to the appropriate service providers for both the offending connection and any email providers or web hosts which may be involved. Depending on the circumstances, dns providers or even backbone providers may be contacted for intervention in discontinuing the spam or abusive activity.
5. All servers on the internet, including those of dial-ups.com receive certain information about their visitors. Server log files routinely contain information such as visitors' IP addresses and host names, times various files were accessed, which page referred someone to a site including search engine pages and the search terms requested, the size of the files requested, the number of pages visited in a session, the name and version of the browser being used, etc. The site owner, sponsors, and prospective sponsors may use this information in aggregate to analyze this site's performance and to improve services. No specifically personal information is used or shared in doing this.

This site contains links to other sites. We are not responsible for the privacy practices or the content of such web sites.

Other web properties owned or operated by us may have policies which vary slightly depending on the nature of a given site.

Any questions or concerns regarding this privacy policy or the RealSantaClaus.com site should be directed to:

Dena A. Whitebirch
3001 Aloma Ave., Suite 213
Winter Park, FL US 32792
(407)672-1257
support@quasar.net

We will inform registered users of any changes to this policy either by email or posting on this website, or about changes to this site which may pertain to this policy.

Billing and Payments

User will pay in advance, at our rates in effect at the time, for all Service ordered by you or anyone who uses your Internet Access Account, with or without your permission, through all periods until the Service is canceled. All standard Internet access accounts are generated around the 20th of each month and ae due by first day of the month for that service period. You must pay your statements by credit card (via our PayPal merchant account), PayPal balance, check, cashier's check or money order

All charges shown are in U.S. Dollars

Internet access accounts are flat-fee subscriptions and are billed in one-month intervals unless you have a zero balance due on your account at the end of a billing cycle. After the initial month of service, the second invoice will be prorated that all future billing periods will begin on the first of each month. Usage of your account on any day of any month requires the full month's subscription. The outstanding balance is due in full each month.

We reserve the right to require credit card or eCheck payment method for selected services or accounts. All methods of payment other than credit card or PayPal balance must be prepaid and may require additional charges.

You are responsible for notifying us of any changes in your billing information including your current address and telephone number.

Unless otherwise specified, a credit card User agrees to allow us at our option to bill his or her card on each successive billing date without obtaining The User's permission after the initial charge. A credit card User shall notify us of any changes in credit card number or expiration date. If the card is not honored for any reason, we will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. We will attempt to contact the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

If payment is by check, payment due dates are indicated on The User's invoice. Dishonored checks are subject to a collection fee to be determined by us in its sole and absolute discretion and The User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added to charges for additional Service.

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the beginning of the billing period.

We maintain the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 10% per month (18% per annum) on the outstanding balance. Termination of Service shall not relieve The User from the obligation to satisfy outstanding invoices. In the event we utilize an attorney to collect any unpaid amounts, The User shall be responsible for the payment of all of our attorneys' fees and costs in the collection of these sums.

We reserve the right to change prices at any time without prior notice to our customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

If you think your statement is incorrect or if you need more information about it, please contact us. We will try to resolve any issues you have as soon as possible. If you write to us, please include your Name and Username, the dollar amount you are questioning, the invoice number of the suspected error. You must contact us within 60 days of the date you receive the invoice or statement in question. Disputing your invoice does not guarantee that disruption of your service will not occur if the invoice is unpaid.

We require a 30 day notice to cancel service. The final month of service is not pro-rated.

User must notify us in writing to cancel Service. Cancellations will be honored by electronic mail to billing@quasar,net; by fax to 407-678-4751; or by postal mail to 3001 Aloma Ave., Suite 213, Winter Park, FL 32792. Cancellations will not be accepted by telephone.

Customers that wish to reactivate a closed account will be assessed a $10.00 reactivation setup fee.

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website or by email, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and also the State of Florida without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.