Terms
ISP-Secure Terms of Service
1) NO OBLIGATION: Your ISP-Secure account can be cancelled at any time without further
obligation, and you will not incur any additional monthly service fees. However,
if you choose to cancel your membership, you will lose access to your ISP-Secure service. If you should have any questions or concerns please do
not hesitate to call us at 888-291-1651 or email us at support@isp-secure.com.
2) BILLING: ISP-Secure is authorized to provide and bill you for its services
based on your electronic signature. Once submitted, this electronic order constitutes
an electronic letter of agency in accordance with ISP-Secure’s specific
terms and conditions. ISP-Secure’s reliance on your electronic signature,
as obtained herein, is done pursuant to the Uniform Electronic Transactions
Act, as well as the electronic Signatures in Global and National Transactions
Act. Both laws specifically preempt state laws that recognize only paper records
or handwritten signatures. After your initial subscription period, you will be automatically billed the
low monthly fee of $14.95. These charges will appear in the ‘miscellaneous
charges and credits’ section of your local telephone bill on behalf of ‘ISP-Secure.’
4) ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: Welcome to ISP-Secure. The
standard ISP-Secure service is provided to you (”Member”) under
the terms and conditions of this Terms Of Service (”TOS”) agreement,
which may be updated by ISP-Secure from time to time without notice
to the Member. This TOS is inclusive of any operating rules, policies,
price schedules, or other supplemental terms and conditions or documents
expressly incorporated herein by reference and/or published from time
to time. You can review the most current version of the TOS at any
time at the ISP-Secure web site at:
href=”http://www.isp-secure.com/”>http://www.isp-secure.com/. The
TOS comprises the entire agreement between the Member and ISP-Secure, and supersedes all prior agreements between the parties regarding
the subject matter contained herein.
5) DESCRIPTION OF SERVICE: ISP-Secure is providing the Member with a capability to connect to the internet with dial up internet access as well as Internet security software. Unless explicitly stated otherwise, any new feature that augments
or enhances the current Service shall be subject to the TOS. The Member
understands and agrees that the Service is provided “AS-IS”, and that ISP-Secure assumes no responsibility for the timeliness, deletion, miss-delivery,
non-delivery, or failure to store any user communications or personalization
settings. In addition, the Member must provide all the
equipment necessary to provide the appropriate connectivity for internet services,
including a computer and modem, or other access device(s). Furthermore,
the Member must provide all equipment necessary to access local dialing numbers, including a computer and modem.
6) YOUR REGISTRATION OBLIGATIONS: You
MUST be 18 years old to order this service. In consideration of use of
the Service, the Member agrees to: (a) provide true, accurate, current
and complete information about himself or herself as prompted by the Service’s
sign up form (such information being the “Registration Data”). If the Member
provides any information that is untrue, inaccurate, not current, or incomplete;
or ISP-Secure has reasonable grounds to suspect that such information
is untrue, inaccurate, not current, or incomplete, then ISP-Secure
reserves the right to suspend or terminate the Member?s account, and refuse
any and all current or future use of the Service (or any portion thereof).
7) ISP-Secure PRIVACY
POLICY: With
respect to sharing information: ISP-Secure is committed to protecting
your privacy. We maintain the privacy of your information using security
technologies and adhere to policies that prevent unauthorized use of
your personal information. Presently, ISP-Secure does not share
or sell your personal information to third parties, although we reserve
the right to do so. This privacy policy may be modified in the future,
without notice, and will be posted on our web site: www.isp-secure.com.
- With
respect to cookies: A cookie is a small amount of code
that a web site sends to your browser. It may then be stored on your
hard drive so that ISP-Secure can recognize you when you return,
as well as keep track of information specific to you. ISP-Secure
may use cookies in order to provide information that is targeted to
the interests of our users, and to better understand how users utilize
ISP-Secure; which in turn helps ISP-Secure direct its resources
on features that are most popular with users. If you prefer, you may
set your browser to ask for your permission before your receive a cookie. - With
respect to security: We use industry-standard encryption
technologies when sending or receiving consumer data entered on our
site. Our site has stringent security measures in place to protect
the loss, misuse and alteration of all information that is under our
control. Whenever you enter credit card information, we provide the
use of a secure server. Once your information is in our possession,
we adhere to strict security guidelines; protecting it against unauthorized
access.
MEMBER ACCOUNT, PASSWORD
AND SECURITY: The
Member is required to provide ISP-Secure with a valid email address
and a password (date of birth) as part of the sign-up process. Once the
sign-up is complete, the Member will be assigned a toll-free number and
Personal Identification number (PIN) that will be emailed to the address
initially provided by the Member. The Member also acknowledges and agrees
that the confidentiality of his or her phone number, PIN, or any other
account information is entirely and solely the responsibility of the
Member. Furthermore, the Member agrees to be fully responsible for all
activities that occur under the Member?s account. For example, the Member
agrees to immediately notify ISP-Secure of any unauthorized use
of the Member?s account, or of any other breach of security. The Member
further agrees that ISP-Secure, or its suppliers, shall in no event
be liable for any damages whatsoever (including, but without limitations
to, damages for loss of business profits, business interruptions, loss
of business information, or any other pecuniary loss) arising out of
the use, or inability to use, the service; whether direct, indirect,
incidental, consequential, special or otherwise, regardless of the form
of action, and even if ISP-Secure has been advised about the possibility
of such damages
9) MODIFICATIONS TO SERVICE: ISP-Secure reserves the right, at any time, to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without prior
notice to the Member. The Member agrees that ISP-Secure shall not
be liable to the Member or any third party for any modification, suspension
or discontinuation of the Service.
10) TERMINATION: The Member agrees that ISP-Secure, at its sole discretion, may terminate the Member?s password, account
(or any part thereof), or use of the Service (or any part thereof), and
remove and discard any messages within the Service ? for any reason ? including
but not limited to: (a) if ISP-Secure believes that the Member has
violated or acted inconsistently with the TOS, (b) if the Member provides
incomplete, inaccurate or untrue information to ISP-Secure, or (c)
if ISP-Secure decides to discontinue offering the Service. Furthermore,
ISP-Secure may also terminate the Member?s account for failure to
meet minimum activity requirements, which include, but are not limited
to, the Member?s failure to activate his or her voicemail service(s). ISP-Secure reserves the right to refuse the Service to any former Member
who re-applies, after having been terminated by ISP-Secure, or themselves.
11) INDEMNIFICATION: The Member agrees to indemnify
and hold ISP-Secure, (and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees), harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third
party due to, or arising out of, the Member?s use of the Service, or violation
of the TOS, or the Member?s violation of any rights of another Member,
person or entity.
12) MEMBER CONDUCT: The
Member understands that all information, data, text, music, sound, messages,
or other materials (”Content”), transmitted through the use of the Service,
is the sole responsibility of the person from which such the Content originated.
Therefore, the Member and NOT ISP-Secure is solely responsible for
all Content transmitted through the use of the Service. ISP-Secure
does not guarantee the accuracy, integrity, or quality of any Content transmitted
through the Service. Furthermore, under no circumstances will ISP-Secure be liable in any way for any errors or omissions, or for any loss
or damage of any kind incurred as a result using of the Service. Under
no circumstances will ISP-Secure be liable for any Content sent to
the Member that is offensive, indecent, or objectionable in any way.
13) DISCLAIMER OF WARRANTIES: The
Member expressly understands and agrees that: (a) the Member?s use of the
service is at the Member?s sole risk. The service is provided on an “as
is” and “as available” basis, and ISP-Secure expressly disclaims all
warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement, (b) ISP-Secure makes no warranty that:
(i) the service will meet the Member?s requirements, (ii) the service will
be uninterrupted, timely, secure, or error-free, (iii) the results and
information obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased, or obtained by, the Member through the service will meet the
member?s expectations, (v) the quality of transmission of voice and data
will be accurate, legible, or audible, (vi) the transmission of voice and
data will be complete, and (vii) any errors in the software will be corrected,
(c) ISP-Secure assumes no responsibility for the deletion, or failure
to store, voice and email messages, or any other personalization settings,
and (e) no advice or information, whether oral or written, obtained by
the Member from ISP-Secure, or through or from the service, shall
create any warranty not expressly stated in the TOS.
14) LIMITATION OF LIABILITY: The
Member expressly understands and agrees that ISP-Secure, or its suppliers,
shall not be liable for any direct, indirect, incidental, special, consequential,
or exemplary damages, including, but not limited to, damages for loss of
profits, goodwill, use, data, or other intangible losses (even if ISP-Secure has been advised about the possibility of such damages), resulting
from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained, or messages received,
or transactions entered into, through or from the service; (iii) the unauthorized
access to, or alteration of, the Member’s transmissions or data; (iv) statements
or conduct of any third party on the service, or (v) any other matter relating
to the service. In any event, the liability of ISP-Secure and its
suppliers to the Member for any reason, and upon any cause of action, shall
be limited to the monthly fees, excluding any usage charges, actually paid
to ISP-Secure by the Member under this TOS, and during the 30 days
immediately preceding the filing of such a claim. This limitation applies
to all causes of action, in aggregate, including, without limitation to,
breach of contract, breach of warranty, negligence, strict liability, misrepresentations,
and other torts. The fees for the service set by ISP-Secure have been,
and will continue to be, based upon this allocation of risk. Accordingly,
the Member hereby releases ISP-Secure, and its suppliers, from any
and all obligations, liabilities, and claims in excess of the limitation
stated in this section.
15) GENERAL: This TOS is personal between the
Member and ISP-Secure, and governs the Member?s use of the Service,
and superseding any prior agreements between the Member and ISP-Secure. It is not transferable, and any attempt by the Member to rent, lease,
sublicense, assign, or transfer any of the rights, duties or obligations
hereunder is void. The failure of ISP-Secure to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of them.
If any provision of the TOS is found by a Court of competent jurisdiction
to be invalid, the parties ? nevertheless ? agree that the Court should
endeavor to give effect to the parties’ intentions as reflected in this
provision, as the other provisions of the TOS remain in full force and
effect.