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TERMS
OF POLICY:
For purposes of this document, the term "Customer" will signify any
individual, company, organization, person, group or entity who purchases -
Services for personal and/or business use or for the purpose of re-selling
Internet services from WPCS.NET, Inc. Becoming a Customer through
purchasing such Service you agree to the terms and conditions of this
policy. If you do not agree to these Terms of Policy, please contact us
and cancel your account at WPCS.NET, Inc. immediately.
As a WPCS.NET, Inc. Customer you will receive a "user ID", and agree to
the terms in the "TERMS OF POLICY". The Terms of Policy are subject to
change at any time, and changes are effective upon Notice, as defined
herein, to each Customer. In the case of high-speed (i.e. Wireless, T-1,
56K, 384K, etc.) Customer, all provisions of the Terms of Policy apply to
all users associated with the Customer's principal account. Each Customer
is responsible for the use of his or her account(s) by any user on that
account, and for ensuring full compliance by the user of these Terms of
Policy. The Customer is responsible for obtaining and maintaining all
equipment necessary to connect to WPCS.NET, Inc. The Customer agrees to
use WPCS.NET, Inc. in a manner consistent with any and all applicable
laws, regulations, and applicable Internet Acceptable Usage Policies for
both traffic within WPCS.NET, Inc. and destinations beyond the WPCS.NET,
Inc. network.
CUSTOMERS ACCOUNTS:
As a
WPCS.NET, Inc, Customer you receive a user ID, 10 meg of space for
personnel web pages, and up to two (2) email accounts with your service.
Request for extra email accounts need to be sent to
WPCS.NET Personnel WebPages, must not be used for Business purposes.
If you desire a Business WebPages, arrangements will be made for that
purpose.
PAYMENT FOR SERVICES:
WPCS.NET will send an email invoice to each customer for billing purposes
for service. The Customer's payment for Service, is due and payable on
their due date. If payment has not been received within two (2) days of
the due date, WPCS.NET reserves the right to disconnect your service.
WPCS.NET may at its sole discretion charge a re-connection fee. WPCS.NET,
Inc. reserves the right to change fees, surcharges, monthly fees or
institute new fees at any time upon thirty (30) days prior notice. For
Customers who have prepaid for service, the new charges will be placed
into effect when they next renew their service. The Customer may not place
orders, or attempt to pay for WPCS.NET, Inc. services using any expired,
false or unauthorized credit card, or false or unauthorized bank or credit
union information, and must promptly inform WPCS.NET, Inc. of the
following:
1. Changes in the expiration date of any credit card/bank debit card they
use in connection with WPCS.NET, Inc.
2. Any changes to the bank or credit union account they use in connection
with WPCS.NET, Inc.
3. Changes in their home or billing address and or home phone number.
4. Any apparent breaches of security, such as loss, theft, or unauthorized
disclosure or use of a credit card, bank or credit union account, ID or
password.
Until WPCS.NET, Inc. is notified by telephone at (417) 256-7110 or
receives written notification of a breach of security, the Customer will
remain solely liable for any unauthorized use of WPCS.NET, Inc. E-mail is
the primary source of communication for WPCS.NET, Inc. It is the
Customers' responsibility to check their e-mail for billing reminders,
system upgrades, suspension notices and information relating to WPCS.NET,
Inc.
TERMINATION OF SERVICE BY EITHER WPCS.NET OR CUSTOMER:
WPCS.NET, Inc. reserves the right to suspend access to WPCS.NET, Inc. for
the Customer's account(s) immediately, without notice, upon rejection of
any credit card charges, non-payment by the Customer's bank or credit
union of authorized charges or any other indication of credit problems. If
service is terminated prior to the end of your billing cycle, any excess
payment may be returned at the sole discretion of WPCS.NET, Inc. If
payment is returned it will be prorated at the Monthly rate.
CLASSIFIED ADVERTISEMENTS:
All Classified Advertisement must be prepaid before the
Advertisement is placed in our Classified Sections . No Refunds or
Credits after we receive the advertisement in our Office. All ads must
have an accompanying telephone number, address and Customer Name with the
advertisement.
Abbreviations accepted for the following only:
offered by owner (OBO)
Associations ( AKC, APHA, FFA,)
If you find an error or omission in your classified
advertisement, on our site, notify our office within 3 days of date of
publication for a correction of the advertisement. WPCS.NET, Inc., will
only be responsible for the first incorrect insertion at a value no
greater then the cost of the space occupied by the error. WPCS.NET, Inc.,
assumes no financial responsibility for errors or omission of copy.
Disclaimer: WPCS.NET, Inc., reserves the right to
refuse any ad. All ads and layouts produced by WPCS.NET, Inc., may not be
reproduced without prior written authorization. WPCS.NET, Inc., or it's
employees assumes no responsibility for ads soliciting monies to be sent
for product (s) or information.
THIRD PARTY SALES AND SERVICE:
All matters concerning the sale of merchandise and services ordered from
other Customers and users of WPCS.NET, Inc. and non WPCS.NET, Inc.
Customers ("Seller"), including but not limited to purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely
between the Seller and the Customer. WPCS.NET, Inc. makes no warranties or
representations whatsoever with regard to any goods or services provided
by Sellers. WPCS.NET, Inc. is not a party to such transactions or liable
for any costs, damages, or liabilities arising either directly or
indirectly from the actions or inaction's of Sellers.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
The entire risk as to the quality and performance of the WPCS.NET, Inc.
service, the quality of any related services, and the accuracy of any
information, or quality of any software obtained through WPCS.NET, Inc. is
with the Customer. WPCS.NET, Inc. does not warrant that the functions or
services performed by, or that the information or software obtained
through WPCS.NET, Inc. will meet your requirements or that the operation
of WPCS.NET, Inc. will be uninterrupted or error-free or that defects in
WPCS.NET, Inc. will be corrected. WPCS.NET, Inc. is provided on an "as is,
as available" basis. WPCS.NET, Inc. does not make any warranties,
expressed (except as expressly provided herein) or implied, including,
without limitation, those of merchantability and fitness for a particular
purpose, with respect to the WPCS.NET, Inc. services. The limited
warranties provided herein are the only warranties of any kind that are
made by WPCS.NET, Inc. No oral or written information or advice given by
WPCS.NET, Inc. or its authorized dealers, distributors, agents, or
employees shall create a warranty or in any way increase the scope of this
warranty, and you may not rely on any such information or advice. This
warranty gives you specific rights.
In no event will WPCS.NET, Inc. be liable:
(a) to you for any incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of Business profits,
Business interruption, loss of programs or information, and the like)
arising out of the use of or inability to use WPCS.NET, Inc., any services
provided therein or information or software contained therein, even if
WPCS.NET, Inc. or its authorized representatives have been advised of the
possibility of such damages, or
(b) for any claim by any other party.
Because some states do not allow the exclusion of limitation of liability
for consequential or incidental damages, the above limitation may not
apply to you. WPCS.NET, Inc.'s liability to you for actual damages for any
cause whatsoever, and regardless of the form of the action, will be
strictly limited to the service fees paid by or on behalf of the Customer
to WPCS.NET, Inc. for the period in which the damages occurred. The
Customer is responsible for implementing sufficient procedures and
checkpoints to satisfy their particular requirements for accuracy of data
input and output, and for maintaining a means external to WPCS.NET, Inc.
for the reconstruction of any lost data.
THIRD PARTY SUPPLIED INFORMATION:
Opinions, advice, services and all other information expressed by
customers, information providers, service providers, or other third party
personnel on WPCS.NET, Inc. are those of the provider and not of WPCS.NET,
Inc. Customers are urged to seek professional advice for specific,
individual situations.
TELEPHONE CHARGES:
The Customer is solely responsible for all telephone charges for
connecting to a WPCS.NET, Inc. network access.
WPCS.NET, Inc. assumes no responsibility or liability for any phone
charges including, but not limited to, long distance charges, per minute
(unit) surcharges and/or equipment or line costs, incurred by the Customer
while accessing WPCS.NET, Inc. Any disputes or problems regarding phone
service are strictly between the Customer and his or her local phone
company and/or long distance service provider. It is the Customer's
responsibility at all times to assure that the number use to dial WPCS.NET,
Inc. does not include unexpected toll charges.
ADVERTISING:
Advertising is now considered to be an "acceptable use" of the Internet.
However, you should NOT distribute or broadcast this information on the
network to people who don't want to receive it. Violation of this
acceptable use Policy will very likely have just the opposite effect of
your intent. WPCS.NET, Inc. reserves the right, at its sole discretion, to
suspend or cancel the service of anyone who, in the opinion of WPCS.NET,
Inc. violates this policy.
E-MAIL/USENET:
It is contrary to WPCS.NET, Inc. policy for any user of any of these
services to affect or participate in any of the following activities
through an WPCS.NET, Inc. - provided service:
1. Customers are explicitly prohibited from sending unsolicited bulk mail
messages (commonly known as UCE or spam). This includes but is not limited
to: bulk-mailing of commercial advertising, or informational
announcements. Forwarding or otherwise propagating chain e-mail letters
(also known as multi-level-marketing (MLM)), whether or not the recipient
wishes to receive such mailings is prohibited.
2. WPCS.NET, Inc. accounts or services may not be used to collect replies
to messages sent from another Internet provider where those messages
violate this policy or the policies of the other ISP. The use of outside
bulk remailer services or bulk e-mail services to promote an WPCS.NET,
Inc. housed web page, either personal or commercial is expressly
forbidden.
3. Additionally, the use of outside servers and or outside bulk remailer/e-mail
services to promote via e-mail or USENET newsgroups, any service provided
through the WPCS.NET, Inc. network is expressly prohibited. Malicious
e-mail, including but not limited to mailbombing (flooding a user or site
with very large or numerous pieces of e-mail) is prohibited.
4. Falsifying user information provided to WPCS.NET, Inc. or to other
users in connection with use of a WPCS.Net, Inc., service including but
not limited to forging the headers of, or return address of e-mail and
USENET articles is prohibited. Posts to newsgroups must comply with the
written charter or FAQ's for those newsgroups. Advertisements should be
posted only in newsgroups whose charters or FAQ explicitly permits them.
The Customer is responsible for determining the etiquette of a given
newsgroup prior to posting to it. Customers are prohibited from posting
the same or similar message to large numbers of newsgroups (otherwise
known as Usenet Spam). Any post destined for more than 9 newsgroups
(excessive crossposting) will be refused by the news server automatically.
Additionally, posting the same or similar message to many newsgroups, one
at a time (known as "velveeta") is prohibited. Posting of chain letters,
pyramid schemes or other multi-level-marketing schemes to USENET or via
e-mail is explicitly prohibited.
COPYRIGHT AND OTHER PROPRIETARY RIGHTS COPYRIGHTS - TRADEMARKS AND SERVICE
MARKS:
WPCS.NET, Inc. owns and retains the copyright in WPCS.NET, Inc. Except for
public domain material, electronic messages and material in message
boards, all copyrightable material displayed on, or downloaded from
WPCS.NET, Inc. is copyrighted, and may not be redistributed, transmitted,
re-transmitted or copied (other than a single copy for personal use), or
published without permission of the copyright owner. All copyright or
other proprietary rights notices contained in or associated with WPCS.NET,
Inc., and any information or software contained therein must be preserved
in, or on, any copies made of such material. The placement of copyrighted
material in any public posting area, or software library of WPCS.Net, Inc.
without the consent of the copyright owner is in violation of the Terms of
Policy. WPCS.NET is a trademark of WPCS.NET, Inc. Please contact us for
any usage of our copyrighted material:
EMAIL ADDRESS: WPCS.NET
INFORMATION SUPPLIED BY THE CUSTOMER TO WPCS.NET, INC.:
Except as stated herein, WPCS.NET, Inc. may use or disclose information
regarding the Customer for any purpose. Information regarding a Customer's
credit card number(s), bank account number(s) which the Customer supplies
to WPCS.NET, Inc. shall be used or disclosed only for the purposes for
which such information was collected, or as required by law. Customer's
addresses, phone numbers and other relevant information will not be
provided to information providers, service providers and merchants.
WPCS.NET, Inc. will not normally release any information to third parties
about individual Customers without the Customer's written permission
except when requested by duly authorized law enforcement. WPCS.NET, Inc.
may release Customer information for research purposes, in which case the
identity of individual customers will be protected.
ELECTRONIC MAIL:
Electronic mail ("Mail") is a private electronic message sent by a
Customer or by WPCS.NET, Inc. to another Customer or user of WPCS.NET,
Inc. WPCS.NET, Inc. will not intentionally inspect the contents of Mail
sent by one Customer to an identified addressee, or disclose such contents
to other than the sender, or an intended recipient, without the consent of
the sender or an intended recipient, unless required to do so by law.
WPCS.NET, Inc. reserves the right to cooperate fully with local, state, or
federal officials in any investigation concerning or relating to any Mail
transmitted on WPCS.NET, Inc.
RESELLERS:
Any Customer who purchases services from WPCS.NET, Inc. will be held
responsible, as outlined in this document, for all violations of this
policy committed by parties they re-sell any service to. This includes but
is not limited to web hosting, dial-up, news, and e-mail services.
EXCESSIVE NEWS USAGE:
News access is provided to Customers, on request, based upon an
understanding that it is used for normal reading purposes. Customers may
not use programs designed to pull mass amounts of news down. These
programs are known as SUCKER, PULLER, or automated programs. Customers
abusing this service, as exhibited by pulling down more than 1500 articles
per day per user, may have their news access limited, suspended, or
terminated. Customers requiring more than 1500 articles per day per user
may request a newsfeed or purchase more access to the server at WPCS.NET,
Inc.'s then current monthly rate.
DISCIPLINARY ACTION:
Engaging in one or more of the above practices outlined in this document
will result, at WPCS.NET, Inc.'s sole discretion, in a limitation,
suspension or termination of the offender's account and or access.
Offenses will generally be handled with the below schedule.
First Offense - Official warning or suspension of account or service.
Second Offense - Suspension of account/service or router-level filtering
of services including but not limited to outbound SMTP, POP, NNTP, IRC,
WWW.
Third Offense - Router-level filtering of services or Termination of
account or service.
Fourth Offense - Termination of account or service.
In addition, WPCS.NET, Inc., in its sole discretion, reserves the right to
suspend, block/filter, or terminate your Internet access service(s),
without prior notice, for any violation of this Acceptable Usage Policy,
or the rules of any other service or network accessed via WPCS.NET, Inc.
Attempts to circumvent the above restrictions by either forging user
information, or purchasing additional accounts to "get around" the
restrictions may lead to an immediate termination of all accounts
involved. This policy addresses only the kinds of network abuse
specifically enumerated above. In addition to these activities, WPCS.NET,
Inc.'s Terms of Policy also prohibit other forms of abuse such as
harassment and the posting of illegal or unlawful materials, and WPCS.NET,
Inc. will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit WPCS.NET,
Inc.'s actions or remedies in any way with respect to any of the foregoing
activities, and WPCS.NET, Inc. reserves the right to take any and all
additional actions it may deem appropriate with respect to such
activities, including without limitation taking action to recover the
costs and expenses of identifying offenders and removing them from the
WPCS.NET, Inc. service, and levying cancellation charges to cover WPCS.NET,
Inc.'s costs in the event of disconnection of dedicated access for the
causes outlined above. In addition, WPCS.NET, Inc. reserves at all times
all the rights and remedies available to it with respect to such
activities at law or in equity.
ONLINE CONDUCT:
Any action by a Customer that, in WPCS.NET, Inc.'s sole opinion, restricts
or inhibits other customers from using and enjoyment to (the use of vulgar
language; committing, or discussing with the intention to commit, illegal
activities), is strictly prohibited. Transmission of material, information
or software in violation of any local, state or federal law is prohibited
and is a breach of the Terms of Policy. The Customer specifically agrees
not to upload, post or reproduce in any way any materials protected by
copyright without the permission of the copyright owner. The Customer
specifically agrees to indemnify WPCS.NET, Inc. for any losses, costs,
causes of action, liabilities or damages, (including reasonable attorneys'
fees) incurred by WPCS.NET, Inc. and relating to, or arising out of
Customer's use of this service. Individual dial-up subscriber accounts are
not permitted to establish multiple simultaneous sessions.
OTHER PROVISIONS:
In the event that any provision of the Terms of Policy conflict with the
law under which the Terms of Policy are to be construed or if any such
provision is held invalid by a court with jurisdiction over the parties to
the Terms of Policy, such provision shall be deemed to be restated to
reflect as nearly as possible the original intentions of the parties in
accordance with applicable law, and the remainder of this Agreement shall
remain in full force and effect. The Terms of Policy shall be interpreted,
construed and enforced in all respects in accordance with the laws of the
State of Missouri. Each party irrevocably consents to the jurisdiction of
the courts of the State of Missouri and the Federal courts situated in the
State of Missouri, in connection with any action to enforce the provisions
of the Terms of Policy, to recover damages or other relief for breach or
default under the Terms of Policy, or otherwise arising under or by reason
of the Terms of Policy. The failure of either party to insist upon or
enforce strict performance by the other party of any provision of the
Terms of Policy or to exercise any right under the Terms of Policy shall
not be construed as a waiver or relinquishment to any extent of such
party's right to assert or rely upon any such provision or right in that
or any other instance; rather, the same shall be and remain in full force
and effect.
Dated September 1, 1999
WPCS.NET, Inc.
(updated 1/5/00)
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