Tiadon Systems, Inc. User Agreement
This represents the complete agreement between Tiadon Systems, Inc. and Tiadon Systems, Inc. Access Account Customer (Customer). Tiadon Systems, Inc. and Customer agree that Tiadon Systems, Inc. will provide certain Internet access services and that the Customer will pay for those services in accordance with the provisions of this agreement. This agreement supersedes any prior agreements, either written or oral, between Tiadon Systems, Inc. and Customer with respect to Tiadon Systems, Inc. access accounts. Tiadon Systems, Inc. may revise or modify this agreement (including terms, conditions, and/or prices) at any time without prior notice. Any such revisions or modifications will become effective upon the date of their posting to Tiadon Systems, Inc. website or on the date stated in the agreement, if a date is so stated. If the Customer does not accept the terms of this agreement, the customer must provide Tiadon Systems, Inc. (immediately on receipt of the agreement) with a written request that the account be deactivated. Customer's acceptance of the terms of this agreement is further indicated by the Customer installing the provided software, connecting and logging on to Tiadon Systems, Inc. network, or making a payment for service.
Definitions:
A Customer is an individual or business that establishes an account with Tiadon Systems, Inc. for the purpose of accessing the Internet via electronic computer interface with Tiadon Systems, Inc. computer network.
Unlimited access means that there will be no time or usage charges applied to the Customer's account, and does not mean the user has dedicated or unrestricted use or access. Users connected for more than 20 continuous hours are subject to being billed as a dedicated account upon Tiadon Systems, Inc. discretion.
A dedicated access account means an account by which the Customer is connected to Tiadon Systems, Inc. network continuously, and no idle time or continuous connection restrictions apply.
A dial-up account means an account used by one user from a single computer at a time. The dial-up account is used by the Customer to connect to Tiadon Systems, Inc. network from time to time to engage in normal Internet or World Wide Web activities as desired, after which time the user is expected to disconnect. Running Internet servers via a Tiadon Systems, Inc. dial-up account is expressly prohibited.
1. SERVICES
A. Tiadon Systems, Inc. will provide its Customers with access to the Internet as outlined on the Tiadon Systems, Inc. website and in its Brochures, Plans, and Pricing literature. These services and the literature describing them are subject to change by Tiadon Systems, Inc. without prior notice to the Customer.
B. Tiadon Systems, Inc. may provide its Customers with certain hardware and software products. In addition, Tiadon Systems, Inc. will provide its Customers with access to certain products and services available on the Internet. Tiadon Systems, Inc. does not provide a warranty, either expressed or implied, as to the usability of these products or of their fitness for a particular purpose. Any manufacturers' warranty normally provided to the user by the manufacturer of these products will be available to the Customer. Any manufacturers' license agreements or agreements specifying the terms by which the user can use these products will be solely between the Customer and the manufacturer.
C. The Customer will have the ability to access numerous sites on the Internet containing a broad variety of documents, images, and items of information. Some of these documents, images, or items of information may be offensive to individual Customers. Tiadon Systems, Inc. and the Customer agree that it is the Customer's sole responsibility to monitor the Customer's personal access to these sites, and that the Customer will also be responsible for access to these sites by any minor or adult using the Customer's access account, whether such use of the Customer's account is with or without the Customer's consent. Customer is advised that numerous screening software applications are available for purchase at local retailers.
D. Tiadon Systems, Inc. Clean website Policy Tiadon Systems, Inc. prohibits any Customer or other individual from storing on Tiadon Systems, Inc. computers any documents, images, or items of information which, in the sole judgment of Tiadon Systems, Inc. management, is offensive, pornographic, or would potentially be considered illegal if published within any community.
E. The Customer agrees that it will adhere to any laws related to the use of copyrights and trademarks of materials accessed over the Internet or uploaded to sites on the Internet, and the Customer further agrees to adhere to any laws enacted to govern the use of, or access to, the Internet.
2. CUSTOMER USE OF ACCESS ACCOUNTS
A. Each Tiadon Systems, Inc. access account requires a username and password which is provided to Tiadon Systems, Inc. by the Customer at the time the account is established. Tiadon Systems, Inc. dial-up accounts are provided to Customers for their individual use. Customers may use this account to access the Internet from any computer or from any location. The Customer may allow other individuals to use this account, provided those individuals adhere to the terms of this agreement. TIADON SYSTEMS, INC. EXPRESSLY PROHIBITS THE CONCURRENT USE OF AN ACCESS ACCOUNT BY MORE THAN ONE INDIVIDUAL OR BUSINESS. In the event this occurs, Tiadon Systems, Inc. will log off of the network all concurrent users of the account. Tiadon Systems, Inc. management may, at its sole discretion, suspend or terminate any Customer's account if it determines that the Customer, or any individual using the Customer's account, is violating any of the terms of this agreement.
B. The Customer agrees not to use any programs, devices, or processes via Tiadon Systems, Inc. network for the purpose of accessing computer files, programs, or networks for which it does not have permission to access.
C. The Customer agrees not to knowingly upload to any Tiadon Systems, Inc. computer or other computers on the Internet any files containing a computer virus. Tiadon Systems, Inc. management may, at its sole discretion, suspend or terminate the Customer's account if it determines the the customer is violating this agreement. In addition, The Customer agrees that it will not use its access account, or any Tiadon Systems, Inc. computer, for the purposes of conducting business or activities prohibited by law.
D. The Customer agrees that it will not use its access account, or any Tiadon Systems, Inc. computer, for the purposes of conducting business over the Internet unless the account is specifically provided by Tiadon Systems, Inc. as a business account designated for such purposes.
E. The Customer agrees that it will not make any claim (including attorney's fees) against Tiadon Systems, Inc. for loss from business interrupts resulting from the Customer's use of its access account.
F. Tiadon Systems, Inc., at its discretion, can log off of the network any access connection that has been idle for more than 30 minutes. Dial-up account Customer's may not use any program or device intended to simulate line activity, and may not use programs or devices which will automatically reconnect their computer to Tiadon Systems, Inc. network when disconnected.
G. The Customer is responsible for acquiring a knowledge and understanding of standard Internet practices and behavior. Tiadon Systems, Inc. management may, at its sole discretion, suspend or terminate the Customer's account if it determines that the Customer is intentionally violating these practices. These may include but are not limited to unsolicited email/newsgroup spamming, denial of service attacks, and harassment or malicious conduct.
H. The Customer is responsible for using the local Tiadon Systems, Inc. access number when dialing in to Tiadon Systems, Inc. network. Tiadon Systems, Inc. will not be responsible for any charges resulting from the customer accessing Tiadon Systems, Inc. network via long-distance telephone connection.
I. The customer is responsible for keeping their account information (i.e. username and password) confidential. Tiadon Systems, Inc. accepts no liability in the event that an account gets "hacked" by an unknown individual.
J. The customer is responsible for assuring that their dial-up account with Tiadon Systems, Inc. is not used for the purposes of hacking, harassment, or engaging in any other form of computer terrorism. If, in the opinion of Tiadon Systems, Inc, it is determined that a dial-up account is being used for such purposes, Tiadon Systems, Inc. has the right to terminate the account and to prosecute within the limits of any applicable laws.
3. PRICING FOR SERVICES
A. Tiadon Systems will prorate your first month bill. The prorated fee, and activation are due at the time of activation. Accounts will be billed on the 11th and payments are due no later than the 5th of the following month. Since we bill accounts prior to usage activations after the 11th of the month will also be billed for the following months usage. After the sixth of the month if the account is not paid in full your account is subject to termination. Once an account has been terminated, the outstanding balance, $25 reactivation fee and new prorated amount must be paid to reestablish an account.
B. Tiadon Systems, Inc. reserves the right to modify its prices or services at any time. Tiadon Systems, Inc. will provide notice of any changes to its Customers by posting the notice on Tiadon Systems, Inc.'s website. It is the responsibility of the Customer to remain abreast of such notices by browsing the appropriate section of Tiadon Systems, Inc. website from time to time.
C. Price changes will take effect and will be charged to the Customer in the billing cycle immediately following the month in which the notice is posted to Tiadon Systems, Inc. website.
4. PAYMENT FOR SERVICES
A. Tiadon Systems, Inc. services and billing will commence on the date the Customer submits its sign-up information to Tiadon Systems, Inc.. Customer will promptly notify Tiadon Systems, Inc. of any changes to its billing information, including changes to account numbers, credit card numbers, or credit card expiration dates. If failure to do so results in Tiadon Systems, Inc. being unable to bill the Customer for services, the Customer's account may become delinquent and subject to suspension or termination.
B., Tiadon Systems, Inc. will automatically charge each Auto Debit Customer's credit card the first business days of each month for the amount the Customer has agreed to pay.
C. Bank Withdrawals Within the first five business days of each month, Tiadon Systems, Inc. will submit an automatic request to withdraw from each Bank Withdrawal Customer's bank account the amount the Customer has agreed to pay.
D. Arrangements for other methods of payment can be made between the Customer and Tiadon Systems, Inc..
E. Delinquent Accounts: An account is delinquent if payment is not received on its due date as specified in this agreement. In addition, delinquent accounts will be suspended (meaning access to the Internet via Tiadon Systems, Inc. will be denied) until all amounts due are paid in full. Unpaid or unresolved accounts may be submitted to an outside agency for collection.
F. Bad Checks/Insufficient Funds/Credit Denied: If Tiadon Systems, Inc. processes a Customer's check or attempts to make an automatic bank withdrawal and the check or withdrawal is refused for insufficient funds, Tiadon Systems, Inc. may charge the Customer a processing fee of $20.00. If Tiadon Systems, Inc. processes a charge to a Customer's credit card and it is refused for any reason, Tiadon Systems, Inc. may charge the Customer a processing fee of $20.00.
G. In the event a Customer’s account is suspended for any reason, charges to the account will continue to accrue during the suspension period.
5. CANCELING OR MODIFYING YOUR ACCOUNT
A. A Customer must provide Tiadon Systems, Inc. with two notices of cancellation or account modification, which can be delivered by email, postal mail, fax, Telephone (username and password required) or in person.
B. Credit Card and Bank Withdrawal Customers canceling within the first five days of the month will not be charged for that month's service. Credit Card and Bank Withdrawal Customers canceling after the first five days of the month will not be billed again after receipt by Tiadon Systems, Inc of their cancellation notice, and service will continue until the end of the month for which they are billed.
C. Customers paying annually will not be billed again after receipt by Tiadon Systems, Inc. of their cancellation notice, and service will continue until the end of the period for which the Customer has already paid or is owing. No refunds of annual payments will be made.
D. Tiadon Systems will not make modifications to an account without first positively identifying the person making the request. This can be done by showing some form of I.D., making the request via your Tiadon e-mail account, by using our security question and answer scheme or by providing your username and password at the time of your request.
6. CONFIDENTIALITY AND SECURITY
A. Customers must use confidential usernames, Email names, and passwords. It is the Customer's responsibility to keep these confidential. Tiadon Systems, Inc. databases containing any Customer information (including usernames, Email names, and passwords) are password protected, and access to this information is restricted only to authorized Tiadon Systems, Inc. personnel.
B. Any information provided by a Customer to Tiadon Systems, Inc. is considered confidential and treated accordingly. Tiadon Systems, Inc. employs encryption technology where available and applicable. Data files residing on Tiadon Systems, Inc. computer network are backed up on a regular basis. Access to this network is password protected and is restricted only to authorized Tiadon Systems, Inc. personnel.
C. Tiadon Systems, Inc. computer network is physically located in a facility secured by key locks and a monitored security system . This facility resides in a building where all entries are secured after hours by key locks and alarms.
D. Tiadon Systems, Inc. reserves the right to block email from known spam sources.
(Revised10/12/04)
Any questions or comments related to the terms and conditions of Tiadon Systems, Inc. User Agreement should be directed by e-mail to askus@tiadon.net