terms and conditions
Article 1. GENERAL
Empire.Net, Inc. supplies Internet access and related services, including the
hosting of Web Sites, through its system to its customers. Empire.Net, Inc. does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These terms and conditions set forth the basic rules which apply to Empire.Net, Inc.'s services and use of its system. Empire.Net, Inc. may change these terms and conditions in the future upon notice published on-line or otherwise provided by Empire.Net, Inc. BY USING EMPIRE.NET, INC.'S SERVICES AND SYSTEM, A CUSTOMER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM EMPIRE.NET, INC. FROM TIME TO TIME. If the terms and conditions, Empire.Net, Inc.'s services, system, or pricing is or becomes unacceptable to a customer, the customer's only right shall be to terminate its account in accordance with the Article labeled "Termination and Suspension" below.
Article 2. LAWFUL USE
Empire.Net, Inc.'s system and services may only be used for lawful purposes and
in a manner which Empire.Net, Inc. believes, in its sole discretion, to be
consistent with the rights of other Empire.Net, Inc. customers and third parties. While Empire.Net, Inc. is not responsible for the content of hosted Web Sites, content on all Empire.Net, Inc. hosted Web Sites must comply with all laws and must not infringe the rights of any third party. Empire.Net, Inc.'s services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Empire.Net, Inc.'s services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Empire.Net, Inc.'s system must comply with the rules for such other networks.
Article 3. CHANGES TO SERVICE
The services provided by Empire.Net, Inc. and Empire.Net, Inc.'s system are
expected to change from time to time. Empire.Net, Inc. reserves the right to
change any service offered or the features of any service offered or its system
without notice, including changes to access and use procedures, such as idle
disconnection's, and system hardware and software.
Article 4. PAYMENT TERMS
A customer must pay fees per Empire.Net, Inc.'s rate schedule in effect from time to time as a condition to obtaining access to Empire.Net, Inc.'s services and system. A customer also must pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by Empire.Net, Inc. from the card issuer or its agents, the customer agrees to pay all amounts due upon demand by Empire.Net, Inc. Rate changes will be effective when published on-line or otherwise provided to customers. Payment terms of monthly fees are net 10 days initially, and due on the 13th of the month or the next business day if the 13th falls on a weekend or holiday. Payments not made within 10 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Only charges for the first month of service will be pro-rated. Deactivated accounts will only by reactivated with a credit card payment, or 6 months payment of the account in advance.
Article 5. TERMINATION AND SUSPENSION
Either customer or Empire.Net, Inc. may, at its sole discretion, terminate the
customer's account at any time with or without reason. Empire.Net, Inc. also may, at its sole discretion, suspend a customer's account at any time with or without reason. Monthly charges will NOT be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Empire.Net, Inc. may delete all data, files or other information that is stored in customer's account of hosted Web Site upon termination. Provisions set forth below in the article entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
Article 6. SOFTWARE
As a courtesy to customers, Empire.Net, Inc. has accumulated a library of
software which is "shareware" or "freeware". Empire.Net, Inc. is not the author of or otherwise responsible for any of such software or engaged in the sale or
licensing of such software. EMPIRE.NET, INC. MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO CUSTOMERS. EMPIRE.NET, INC. ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT
TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. CUSTOMER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. CUSTOMER AND NOT EMPIRE.NET, INC. MUST PAY ALL SHAREWARE LICENSE FEES. NO
CUSTOMER OR USER WILL ASSERT ANY CLAIM AGAINST EMPIRE.NET, INC. WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH EMPIRE.NET, INC.
Article 7. LIMITATION OF LIABILITY
USE OF EMPIRE.NET, INC.'S SERVICES AND SYSTEM AND THE INTERNET
IN GENERAL IS AT USER'S SOLE RISK. EMPIRE.NET, INC. DOES NOT
WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED,
ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT
EMPIRE.NET, INC.'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES EMPIRE.NET, INC.
MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED
FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL.
EMPIRE.NET, INC.'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES
ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY
WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER
NO CIRCUMSTANCES SHALL EMPIRE.NET, INC. BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING
THE FOREGOING, EMPIRE.NET, INC. WILL NOT BE LIABLE FOR DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF
EMPIRE.NET, INC.'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON
ON INFORMATION OBTAINED THROUGH EMPIRE.NET, INC.'S SERVICE OR
THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY
DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO
RECORDS OR FILES. THE MAXIMUM LIABILITY OF EMPIRE.NET, INC. TO
ANY CUSTOMER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR
LIABILITY OF ANY KIND, INCLUDING DUE TO EMPIRE.NET, INC.'S
NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
CUSTOMER OR USER TO EMPIRE.NET, INC. DURING THE SIX MONTH
PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW
IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO
BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO
EVERY CUSTOMER.
Article 8. INDEMNITY
The customer agrees to indemnify and hold harmless Empire.Net, Inc., its
directors, officers, shareholders, agents, employees and its other customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of customer's account or the customer's Web Site whether or not authorized.
Article 9. NON-TRANSFERABILITY
Customer's account and right to use Empire.Net, Inc.'s services and system is not transferable without Empire.Net, Inc.'s consent. Customer agrees to protect its password and account and to keep them secure from unauthorized users and
use.
Article 10. CONFIDENTIALITY
Empire.Net, Inc. treats E-mail messages as private. Exceptions are those
permitted by law, including under the Electronic Communications Privacy Act of
1986 (the "ECPA"). The ECPA permits Empire.Net, Inc. limited ability to
intercept and/or disclose electronic messages, including, for example (i) as
necessary to operate the system or protect Empire.Net, Inc.'s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Empire.Net, Inc. receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Empire.Net, Inc.'s system. In addition, although Empire.Net, Inc. has implemented certain security measures, Empire.Net, Inc. cannot guaranty that its system or stored data of a customer will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Article 11. INTERPRETATION
These terms and conditions supersede all other written and oral communications
or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by an authorized officer of Empire.Net, Inc.. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of New Hampshire without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Copyright Information
Permission to use, copy and distribute documents delivered from this World
Wide Web server and related graphics is hereby granted, provided that the below copyright notice appears in all copies and that both that copyright notice
and this permission notice appear. All other rights reserved.
The name of Empire.Net, Inc. or the Empire.Net logo may not be used in
advertising or publicity pertaining to distribution of this information without
specific, written prior permission. Empire.Net, Inc. makes no representations
about the suitability of this information for any purpose. It is provided "as is" without express or implied warranty.
Empire.Net, Inc. disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness. In no event shall Empire.Net, Inc. be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this information.
Copyright © 1998 Empire.Net, Inc. All Rights Reserved