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Welcome!
to
Our Site!
Questions? Call Us
800-808-1948 or 270-754-3151 |
Note: All users are bound
by these Terms of Service.
This is a Utility Based
Service, It runs Until Canceled in Writing or
through the User Portal.
We Reserve the Right
to Refuse Service!
MyDotSpot.Com. ("MyDotSpot.Com") agrees to
provide you ("User") with those services ("Service")
set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SERVICE.
Cancellation Policy
If after signing up for the service the User has
connectivity problems from the moment of activation
that cannot be resolved by MyDotSpot.Com or our
network technicians, then MyDotSpot.Com will provide
the User a full refund. Connectivity problems
include constant busy signals, authentication issues
and overall POP performance that cannot be rectified
by MyDotSpot.Com. This only applies during the
initial turn up of an account. (Defined as the first
ten (10) days). This does not include computer
failures or telephone line problems. If the User decides to terminate the
service with MyDotSpot.Com after the first ten (10)
days and they have purchased a Quarterly,
Semi-Annual or Annual account,
then the User's
account will NOT be refunded but will be
disconnected per customer request.
If User wants to convert an established month to
month service account that is in good standing with
MyDotSpot.Com to a pre paid Quarterly, Semi-Annual
or Annual service account, the User must contact
MyDotSpot.Com before the end of the calendar month
in which the User established service. The monthly
fee the User has already paid will then be applied
towards the annual subscription cost and the account
will then be treated as if it were an annual account
from its initial activation.
Limitation of Dial-Up Services
Access Restrictions
Unlimited Access Networks:
MyDotSpot.Com presents these services to its
users as ATTENDED USE ACCESS connectivity. It
should be noted that these services are not intended
for CONTINUOUS USAGE by the User. These services are
not intended to be used as a DEDICATED CONNECTION
for the User. These services are intended for
periodic, active use of email, newsgroups, file
transfers, Internet chat, Instant Messaging, On line
gaming, and browsing the World Wide Web. The user
may stay connected so long as they are actively
using that connection for the above purposes. The
user may not use the service on a standby or
inactive basis in order to maintain a connection.
Pinging is expressly prohibited. Any user who abuses
the connectivity of the service as described herein
may have, at MyDotSpot.Com's discretion, his account
disabled and or terminated.
Limited Access Networks:
All networks listed on the MyDotSpot.Com website
as having defined monthly hourly limitations can be
utilized at the users discretion so long as no other
Terms of Service have been violated. User
acknowledges that by choosing a network with defined
monthly limits that when the time has been
exhausted, no further internet access will be
allowed until the beginning of the next calendar
month.
Idle Timeout
User agrees that their online session may be
automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as
less than 520 bytes of data transferred between
User's modem and the MyDotSpot.Com service.
Maximum Single Session
User agrees that their online session may be
automatically terminated after four (4) hours of
consecutive time, regardless of data transferred
during such specific online session.
Minimum Re-Connect Limit
User understands they may not be able log back onto
the MyDotSpot.Com system for a time period of one
(1) minute following the termination of their
previous online session, regardless of the reason
for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1)
concurrent online session for each PPP/ISDN account
purchased. Violation of this policy may result in
account suspension and or termination.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND
NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
MyDotSpot.Com exercises no control whatsoever
over the content of the information passing through
MyDotSpot.Com's system. Use of any information
obtained via MyDotSpot.Com is at User's risk.
Neither MyDotSpot.Com nor any of its affiliates, its
licensers, its contractors or their respective
employees warrant that the Service will be
uninterrupted or error free; nor does MyDotSpot.Com
make any warranty as to the results from use of the
Service.
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 MyDotSpot.Com, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
MyDotSpot.Com NOR ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS
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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MyDotSpot.Com, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM
USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO
ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S
RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF
PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER
FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY
OTHER CAUSE OF ACTION. IN THE EVENT MyDotSpot.Com IS
FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, MyDotSpot.Com's LIABILITY SHALL
BE LIMITED TO THE UNUSED BALANCE OF USER'S
SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE
CURRENT TERM.
If User is dissatisfied with the Service or with
any terms, conditions, rules, policies, guidelines
or practices of MyDotSpot.Com in operating the
Service, User's sole and exclusive remedy is to
discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein
contained, User agrees to indemnify and hold
MyDotSpot.Com, its affiliates, its licensers, its
contractors or their respective employees harmless
against any and all liability, loss, claim,
judgment, damage and expense including without
limitation attorney's fees and cost of litigation)
incurred or suffered by MyDotSpot.Com, its
licensers, its affiliates, its contractors, or their
respective employees as the result of any and all
use of User's account whether authorized or not
authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this
Agreement by User, including but not limited to
claims, liabilities, losses, damage, judgment and
expense which arise out of alleged injury or death
of any person or damage to property of every kind
and description. User shall promptly notify
MyDotSpot.Com in writing of any claim of which it is
obligated under this indemnity. User shall have the
right to assume the defense of any such claim. User
and MyDotSpot.Com shall confer as to and agree on
the legal counsel(s) to be selected in any such
defense.
Age Limit
User represents to MyDotSpot.Com 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. MyDotSpot.Com has no control over and
accepts no responsibility whatsoever for such
materials.
Port 25 Restrictions
User understands that port 25 is restricted for all
outgoing mail servers. User must send mail through
our mail server(s) when connected to the network.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and
enjoying the Internet;
post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene,
pornographic, profane, or otherwise objectionable
information of any kind, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any local, state, national or international
law, including without limitation the U.S. export
control laws and regulations;
post on webspace provided any sexually explicit
materials or materials that may be offensive.
post or transmit any information or software
which contains a virus, cancelbot, trojan horse,
worm or other harmful component;
post, publish, transmit, reproduce, distribute or
in any way exploit any information, software or
other material obtained through the Service for
commercial purposes (other than as expressly
permitted by the provider of such information,
software or other material);
upload, post, publish, transmit, reproduce, or
distribute in any way, information, software or
other material obtained through the Service which is
protected by copyright, or other proprietary right,
or derivative works with respect thereto, without
obtaining permission of the copyright owner or
rightholder;
upload, post, publish, transmit, reproduce,
transmit or distribute in any way any component of
the Service itself or derivative works with respect
thereto;
send unsolicited advertising or promotional
materials to other network users (See section titled
"MESSAGING");
allow users to run Maillist, Listserv or any form
of auto-responds from User's account;
run or activate processes while User is not
logged in;
violate the security of any computer network,
crack passwords or security encryption codes,
transfer or store illegal material including that
deemed threatening or obscene, or engage in any kind
or illegal activity;
attempt to defeat any idle timer or system tool
intended to enforce the part-time and personal
nature of User's connection, including the use of
pingbots and other methods of avoiding timing
disconnection (See section titled "LIMITATIONS OF
DIAL-UP SERVICES"); or
violate any of the rules, regulations and
policies of those networks and computer systems
accessed via User's account.
MyDotSpot.Com has no obligation to monitor the
Service. However, User agrees that MyDotSpot.Com has
the right to monitor the Service electronically from
time to time and to disclose any information as may
be necessary to satisfy any law, regulation or other
governmental request, to operate the Service
properly, or to protect itself or its subscribers.
MyDotSpot.Com will not intentionally monitor or
disclose any private E-mail message unless required
by law. MyDotSpot.Com reserves 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. MyDotSpot.Com reserves
the right to suspend access to the Service for
User's account. The account's suspension may be
rescinded within the sole and absolute discretion of
MyDotSpot.Com following payment of a reconnection
charge, to be determined by MyDotSpot.Com in its
sole and absolute discretion.
Messaging
User agrees to limit their use of the MyDotSpot.Com
service, specifically regarding the use of
MyDotSpot.Com's electronic (email) services, to the
following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email
server located throughout the Internet for the
purposes of relaying or distributing messages is
prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any
email message where the return address, originator's
address, or any other identifiable aspect of the
message has been purposefully altered, is
prohibited. User may not purposefully misrepresent
the origination information of any email messages
sent while using the MyDotSpot.Com service.
Transmission of unsolicited email or promotional
material.
Users of MyDotSpot.Com's services are restricted
from using any of our Services or Resources for the
purpose of transmitting unsolicited or promotional
material including but not limited to, any material
which can be commonly referred to as SPAM. The
violation of this restriction will result in a ten
dollar penalty for each email address for which the
unsolicited or promotional material was sent. All
costs associated with the collection of this fee
will be the responsibility of the violator. In
addition, MyDotSpot.Com reserves the right to
prosecute the user for breach of this contract and
the violating user acknowledges they have
purposefully and intentionally damaged
MyDotSpot.Com's brand and image in the marketplace.
The violator agrees to pay any and all legal costs
incurred by MyDotSpot.Com associated with each
violation.
Fraudulent Content
User agrees to be held responsible for the
distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN
IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE,
VIOLATION OF ANY OF THESE TERMS, RELATING TO THE
TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF
THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY
OF $200. MyDotSpot.Com RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
MyDotSpot.Com SERVICES, A ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR MyDotSpot.Com SERVICE VIA CASH, CHECK, OR
MEANS OTHER THAN CREDIT CARD, MyDotSpot.Com RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR
THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION
OF MyDotSpot.Com SERVICES FOR VIOLATION OF ANY OF
THESE TERMS.
No Confidentiality
Information transmitted through MyDotSpot.Com and
through the Internet in general is not confidential.
MyDotSpot.Com can not and shall not guarantee
privacy or protection of any User. MyDotSpot.Com
reserves the right to monitor any User's
transmissions when deemed necessary for providing
proper service and/or to protect the rights and
property of MyDotSpot.Com.
Non-transferable
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.
Violation of those terms shall constitute theft of
Service and may be prosecuted under civil and
criminal law.
Purchases on the Service
If User wishes to make purchases on the Service,
User may be asked by the merchant or information or
service provider from whom User is making the
purchase to supply certain information, including
credit card or other payment mechanism information.
User agrees that all information User may provide
any merchant or information or service provider on
the Service for purposes of making purchases shall
be accurate, complete and current. The merchants and
information and service providers offering
merchandise, information and services on the Service
set their own prices and may change prices or
institute new prices at any time. User agrees to pay
all charges incurred by users of User's account and
credit card or other payment mechanism at the prices
in effect when such charges are incurred. User shall
also be responsible for paying any applicable taxes
relating to purchases on the Service.
No System Backup
MyDotSpot.Com does not and will not perform system
backups on any User's E-mail account(s).
MyDotSpot.Com 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, MyDotSpot.Com will not provide
historical data, to any party for any reason,
regarding any system or Internet activity.
MyDotSpot.Com does not and will not perform
system backups on any web sites. MyDotSpot.Com 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. Except as
otherwise set forth herein, MyDotSpot.Com will not
provide historical data, to any party for any
reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
MyDotSpot.Com may deny User access to all or part of
the Service without notice if User engages in any
conduct or activities that MyDotSpot.Com in its sole
discretion believes violates any of the terms and
conditions in this Agreement. If MyDotSpot.Com
denies User access to the Service because of such a
violation, User shall not have the right (1) to
access through MyDotSpot.Com 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 MyDotSpot.Com,
and MyDotSpot.Com 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.
Billing
All monthly service accounts must have cleared
payment for the following months service deposited
with MyDotSpot.Com Communications prior to 5:00 pm
on the Tenth day of the current calendar month. It
should be noted that all monthly accounts are
considered auto renewable at inception and will be
billed as this until such time that the user
notifies MyDotSpot.Com otherwise. Extended length
contracts will not be auto renewable. Approximately
30 Days prior to account expiration the user will be
contacted by MyDotSpot.Com about service renewal.
Miscellaneous
User agrees to remain signed into the network only
when actually making use of same, and to disconnect
when idle for significant periods of time (more than
10 minutes). User also agrees to not remain
connected to MyDotSpot.Com's system for periods
exceeding (4) four hours, in any single continuous
session. User authorizes MyDotSpot.Com to enforce
these restrictions by appropriate software and
network measures, automated and manual.
User agrees to notify MyDotSpot.Com if User moves
or otherwise changes his or her mailing address or
phone number, and to list a truthful name, postal
address and telephone number on the forms User
supplies to MyDotSpot.Com.
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.
MyDotSpot.Com's 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.
MyDotSpot.Com may modify this Agreement from time
to time by placing a notice of such modification on
our website, 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 of State of
Kentucky 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.
MyDotSpot.Com 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 the reasonable control of
MyDotSpot.Com.
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 MyDotSpot.Com as the defendant, shall be
proper only in a venue determined by MyDotSpot.Com.
In any action between MyDotSpot.Com and User to
enforce any of the terms of this Agreement,
MyDotSpot.Com shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and MyDotSpot.Com with respect to the
Service.
Returned Check Fee
$55.00
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