Sunday, Dec 22
2 - Usage 2.1 Behavior 2.2 Abuse
3 - Billing and Termination 3.1 Billing 3.1.1 General 3.1.2 Check 3.1.3 Credit Card 3.1.4 PayPal Payment 3.2 Termination 3.2.1 Termination by Customer 3.2.2 Termination by Divide Zero Networks 3.2.3 Rights of Termination
4 - Disclaimer and Indemnity 4.1 Disclaimer 4.1.1 General 4.1.2 Sole Risk 4.1.3 No Guarantees 4.1.4 No Warranties 4.2 Liability 4.2.1 Indemnification of Information 4.2.2 General Indemnity 4.2.3 Responsibility of the Account (the "Account") 4.2.4 Summary 4.2.5 Liability Limitation
1 - General: 1.1 Terms of Service The services (the "Service(s)") that Divide Zero Networks ("Divide Zero," "Divide Zero Networks") provide to the paying user (the "customer") for personal, commerical, or non-commercial use, on a subcription basis, and in exchange for a monetary fee, are subject to the contents of this document and any other official publications that Divide Zero Networks makes available; these writings are collective defined as the Terms of Service (the "Terms of Service"). 1.2 Acceptance of Terms of Service By using Divide Zero Networks' service in any matter whatsoever, the customer agrees to every article written in the Terms of Service. 1.3 Changes to the Service Divide Zero reserves the right to make changes to the Service with or without notice. When Divide Zero updates the Services, the customer will normally receive the benefits at no additional charge. When, however, Divide Zero makes certain new updates available that Divide Zero ascertains not to dispense without charge, the customer will be offered the option to pay additional fees to use these features. 1.4 Changes to Terms of Service Divide Zero reserves the right to make changes to the Terms of Service with or without notice. The effects of these changes, however, will not profilerate until the Terms of Service have been physically updated on the website and made available to the customer. The customer is responsible for regularly reading the Terms of Service. If at any time, the policies and writings as described in these Terms of Service become unacceptable to the customer, the customer must terminate subscription to Divide Zero in accordance with the regulations and procedures decribed below in Section Three, "Billing and Termination." 2 - Usage: 2.1 Behavior The customer may not disrupt, harass, abuse, stalk, defame, embarrass, threaten, impersonate, cause discomfort to or become offensive to or otherwise violate the legal rights (including rights of privacy and publicity) of any person or corporation or entity respresenting either thereof, using Divide Zero Networks or the Internet. Illegal Material sent through e-mail is not permitted. Customers shall not publish, post, sell, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful Material or information. 2.2 Abuse Without limit to the foregoing, the customer agrees not to undermine or commit and actions which may threaten the security of any information held by Divide Zero Networks. 3 - Billing and Termination: 3.1 Billing 3.1.1 General The customer is billed for whatever amount he or she has agreed to pay for on a thirty-day cycle, beginning thirty days after the customer's initial sign-up. If payment is not received by the thirtieth day in a thirty-day cycle, the account will be suspended immediately. 3.1.2 Check Payment by check must be received before the thirty-day cycle is expired. Bounced checks will require a thirty dollar service charge. 3.1.3 Credit Card Payment by credit card will be serviced through PayPal Incorporated. The payment must be received before the thirty-day cycle is expired. 3.1.4 PayPal Payment Payment by PayPal must be received before the thiry-day cycle is expired. 3.2 Termination 3.2.1 Termination by Customer The customer may terminate his or her account at any time to by using the Cancellation Form in the Users! section under the main web page menu, or by e-mail, to avoid being charged for the next billing-cycle. Until such notification is received, the customer's account will remain active and the customer agrees to be responsible for all charges incurred. 3.2.2 Termination by Divide Zero Networks Divide Zero Networks May terminate the customer's account at any time with or without prior notice or warnings, at Divide Zero's sole discretion. Upon such termination, the customer will be notified by e-mail and/or by the postal address supplied at the time of the registration proccess. Cancellations such as these are likely to occur only during instances of abuse or breach of Terms of Service, delinquency in payment, or other misconduct. 3.2.3 Rights at Termination In case of Termination of Service, Divide Zero Networks retains rights and ownership of any domain names registered at the time of customer registration. 4 - Disclaimer and Indemnity: 4.1 Disclaimer 4.1.1 General All services provided by Divide Zero Networks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material that violates any United States Federal, State or City law is prohibited. The customer agrees that Divide Zero Networks is not responsible for and does not in any manner condone any Materials published by its customers. The customer agrees to take responsibility for any and all such Materials. Furthermore, Divide Zero Networks reserves the right to termins subcription with the customer in accordance with the regulations and procedure described below in Section Three, "Billing and Termination." 4.1.2 Sole Risk The customer agrees to use Divide Zero Networks at his or her sole risk. 4.1.3 No Guaruntees Divide Zero Networks makes no guaruntee that Service will be uninterrupted or error-free nor does Divide Zero make any guaruntees as to quality, accuracy, or completeness of any Materials available through Divide Zero Networks or its Services. 4.1.4 No Warranties Divide Zero Networks Services are offered on a "as is" basis with no warranties of any kind, express of implied. Divide Zero Networks expressly disclaims all warranties of merchantability, fitness for a particular purpose and non-infringement in connection with Divide Zero Networks and its Services. 4.2 Liability 4.2.1 Indemnification of Information The customer agrees to indemnify and hold harmless Divide Zero Networks of any and all damage, compromised, lost, detroyed, or stolen information, resulting from the use of the Services or otherwise affiliation with Divide Zero Networks. 4.2.2 General Indemnity The customer agrees to indemnify and hold harmless Divide Zero Networks from and against any and all costs incurred by Divide Zero Networks, including but not limited to the collection of attorney's fees, as a result of any claims arising from the customer's breach of these Terms of Service or otherwise resulting from the customer's use of Divide Zero Networks. 4.2.3 Responsibility of the Account (the "Account") The cusomter agrees to assume liability for any and all actions caused by use of the customer's Account--willingly or unwillingly. This includes but is not limited to the assumption of liability of the customer's own use of the Account, of any and all actions of secondary users to whom the customer provides the customer's login name and password, and of any and all actions that occur as a result of a compromised password due to the customer's neglegence. 4.2.4 Summary Neither Divide Zero Networks nor any employee, owner, officer, partner nor anyone else involved in creating, producing, promoting or delivering Divide Zero Networks Services shall be liable for any indirect, incidental, special or consequential damages, however caused, and on any theory of liability, arising out of or in any way connected with the use of, or inability to use, the Divide Zero Networks, whether based on contract, tort, strict liability or otherwise, even if Divide Zero Networks and/or any of its suppliers have been advised of the possibility of damages. 4.2.5 Liability Limitation Divide Zero Networks liability for the customer to breach these Terms of Service is limited to the amount actually paid the customer for access to and use of Divide Zero Networks. The customer hereby releases Divide Zero Networks from any and all obligations, liability and claims in excess of this limitation.
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