Terms and Conditions
SBnet offers Internet access and related services through its system (a network
operations center) to the User. SBnet does not and cannot control the content, quality, or
accuracy of information available through its system or over the Internet in general. This
Agreement sets forth the basic rules which apply to SBnet's services and use of its
system. SBnet reserves the right to modify these terms and conditions, amplify them,
modify prices, as well as discontinue or change the services offered upon notice published
online or otherwise provided by SBnet. By using SBnet's services and system, I agree to
comply with the terms and conditions as published online or otherwise available from
SBnet. If any change to the terms, conditions, services, system, or pricing is
unacceptable, I may terminate my account in accordance with the terms set below. If I am
using one of SBnet's unlimited plans, I agree not to provide any public information
services over this connection, not to use any automatic method to avoid inactivity
disconnect, and to keep the connection active only when I am actively using it
Abuse of Services
I agree to maintain my password as private and confidential information. I agree
to use my SBnet account in a way that conforms to all applicable laws and regulations. I
specifically agree not to make any attempt to gain unauthorized access to any other
systems or networks. I understand that the information available through SBnet or
interconnecting networks may not be accurate. I understand that the some of the
information available through SBnet or interconnecting networks may be intended for adult
audiences. I understand that internetworking communications are not secure, and may be
subject to interception or loss. I understand that violation of certain generally accepted
guidelines on Internet usage, such as restrictions on mass e-mailings and mass
advertising, or posting to inappropriate newsgroups, may cause severe operating
difficulties for SBnet, and would be a likely cause for the termination of my account. I
understand that SBnet's services and system may only be used for lawful purposes and
consistent with all rights of other parties. I understand that SBnet's services and system
shall not be used in a manner that would violate any law. This includes but is not limited
to infringement of any copyright, trademark, trade secret, right of publicity, right of
privacy, 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.
I understand that SBnet makes no warranties of any kind, either express, implied, or
statutory concerning the data or information available through the SBnet network. I
understand that the use of my SBnet account, and any data or information accessed using
that account, will be completely at my own risk. I understand that the cumulative
liability of SBnet for any and all claims relating to the services provided by SBnet, in
contract, tort, or otherwise, shall not exceed the total amount of the basic service fees
paid to SBnet for services within the prior year. I agree that SBnet shall have no
liability for the services, data or information made available to me, including any
liability for any consequential, indirect, special or incidental damages regardless of the
success or effectiveness of other remedies. I understand that SBnet reserves the right to
terminate my account at any time, for any reason, including, but not limited to, my
failure to abide by the terms of this agreement or my failure to pay any fees or charges
when due. If my account is inactivated, I may be required to pay reconnect charges and a
prepaid deposit in order to re-activate my account. If my account includes space on
SBnet's server, anything stored on this space will be deleted upon inactivation.
I understand that any abuse of service on my part is subject to account termination or
suspension. Any use of the SBnet system that disrupts the normal use of the system for
other users is considered to be an abuse of services. The definition of "unlimited
usage and access" is not meant to convey that it is a dedicated account, but rather
that no hourly charges are accrued for online time. At the discretion of SBnet, idle
timeouts and session limits may be instituted without warning. Unauthorized modification,
alteration, reverse engineering, decompilation of the SBnet system is prohibited.
Changes to Service
I understand that the services provided by SBnet and SBnet's system are expected
to change as needed. SBnet 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, limitations, and system hardware
and software. SBnet will publish a notice of fee increases to current users 30 days before
such increases take effect.
Payment
If I have given my credit card number to SBnet, I understand that charges will be
billed to my credit card each month for the basic service and any additional usage. I
authorize this automatic billing by SBnet. I understand that all charges are considered
valid unless disputed in writing within thirty days of invoice date. I understand and
agree that SBnet shall not be responsible for any charges or expenses that I may incur
resulting from overdrawing my bank account or exceeding my credit card limit as a result
of an automatic charge generated by SBnet pursuant to this authority. Any additional
charges accrued during the billing cycle will be reflected on the following, or future,
billing cycle. Payment terms are net 10 days. A late fee of five dollars will be charged
to my account if payment is not received by the fifteenth of the month. Payments not made
within 30 days of billing date are considered delinquent. Delinquent accounts are subject
to immediate suspension and/or termination without notice. A $25.00 returned check fee
will be assessed for any check returned for any reason. Accounts paid by a returned check
may be suspended until the balance is paid in full, including returned check fees.
Termination and Suspension
Either SBnet or myself may, at its sole discretion, terminate the User's account
at any time with or without reason. SBnet must receive termination requests by the User in
writing via email, fax, or postal service. Such requests must be received before the end
of the billing cycle. Monthly charges and payments will not be pro-rated. SBnet also may,
at its sole discretion, suspend a User's account at any time with or without reason.
Suspended accounts continue to accrue charges until the suspension is resolved.
Termination or suspension does not release liability forcharges due. The account of the
User must be paid in full before the termination process can be considered complete. SBnet
may delete all data, files or other information that is stored in User's account upon
termination or suspension.
No Warranty; Limitation of Liability
I understand that use of SBnet's services and system and the Internet in general
is at my sole risk. The use is provided on an "as is," "as available"
basis without warranties or guarantees of any kind either expressed or implied. This
includes any implied warranties of merchantability or fitness for a particular purpose,
all of which warranties are hereby expressly disclaimed except to the extent any warranty
cannot be disclaimed under applicable law. Under no circumstances shall SBnet be liable
for any direct, indirect, incidental, special or consequential damages, including, without
limitation, damages for loss of profits, business interruption, loss of business
information, and the like, even if SBnet has been advised of the possibility of such
damages. The maximum liability of SBnet to any user for any and all loss, claim, damage or
liability of any kind, including due to SBnet's negligence, shall be limited to the amount
paid by the user to SBnet during the six month period preceding the claim. SBnet does not
warrant that its services and system will be uninterrupted or error free; nor does SBnet
make any warranty as to the results or information obtained from use of its service or
system or the Internet in general. Some of the resources and information available on the
Internet may contain subjects intended for adult audiences. Some information available may
even be illegal to transmit or possess. To indicate acceptance and knowledge of what may
be accessible to the User, any User under the age of 18 must have a parent or legal
guardian co-sign this Agreement.
Indemnity
I agree to indemnify and hold harmless SBnet, its directors, officers,
shareholders, agents, employees and users from any and all claims, liabilities, damages,
or expenses, including attorney fees, arising out of or resulting from, any and all use of
my account whether or not authorized, or from any breach by SBnet of its obligations.
Non-Transferability
I understand that my account, the right to use SBnet's services, systems, and
software, is not transferable, or resellable, without SBnet's consent. I agree to protect
my password and account and to keep them secure from unauthorized users and use. Sharing
of accounts or simultaneous account usage is prohibited.
Confidentiality
I understand that electronic mail and other transmissions passing over the
Internet and through SBnet's system are not confidential. Accordingly, SBnet cannot
guarantee my protection or privacy. For troubleshooting purposes, SBnet may monitor an
account, or login in as a user, at any time. SBnet reserves the right to monitor a user's
mail and transmissions as a necessary incident to providing service and otherwise to
protect the rights or property of SBnet. SBnet will not disclose any such information
unless required to do so pursuant to a court order, subpoena, or similar legal request or
otherwise on the advice of counsel.
Interpretation
This Agreement represents the complete, legally binding, agreement and
understanding between SBnet and myself. This Agreement supersedes all other written and
oral communications or agreements. A waiver or modification of this Agreement shall only
be effective if in writing signed by an authorized employee of SBnet. This Agreement shall
be governed by and interpreted in accordance with the laws of the State of California.
