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.
Dauss Computer Systems. ("DCS") agrees
to provide you ("User") with those services
("Service") set forth on the Application
subject to User's compliance with the terms and conditions
User agrees to the be held responsible for all billing
with regards to the Electronic Records and Signatures
in Commerce Act (detailed below). User will recieve
a confirmation email with a randomly assigned password
to continue with the signup proceedure. Use of this
random code electronically recieved by user at users
personal email address, constitutes that user consents
electronically, or confirms his or her consent as
stated in section 101 part (c) subsection (ii) of
the Electronic Records and Signatures in Commerce
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
DCS exercises no control whatsoever over the content
of the information passing through DCS's system. Use
of any information obtained via DCS is at User's risk.
Neither DCS 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 DCS 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 DCS, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER DCS 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
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DCS, 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 DCS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE
UNDER THE TERMS OF THIS AGREEMENT, DCS'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 DCS in operating the Service, User's
sole and exclusive remedy is to discontinue using
Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold Dauss Computer Systems,
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 DCS, 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 DCS 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 DCS shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
Limitation of Web Hosting Services
Although DCS may advertise "Unlimited Bandwidth"
in regards are several limitations applied. The sole
purpose of these limitations are intended of unncessary
use of DCS services by any such User, which restricts
system availability for other such Users. These limitations
apply only to Hosting offered by DCS.
You agree not to post any of the following restricted
contents: Illegal, Abusive or Unethical Activities
include, but are not limited to, pornography, obscenity,
nudity, violations of privacy, hacking, computer virus,
gambling, or promotion of gambling, and any harassing
or harmful materials or uses, as determined by us.
You agree to indemnify and hold us harmless from any
claim resulting from your publications or use of Illegal,
Abusive or Unethical materials.
Although we may advertise unlimited bandwidth, we
reserve the right to inform you that you must transfer
your website if an excessive amount of bandwidth is
being used. If the request is not met within 5 days,
we do reserve the right to remove the website from
User agrees to have their online session automatically
terminated after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of data
transferred between User's modem and the DCS service.
Maximum Single Session User agrees to have an online
session automatically terminated after eight (8) hours
of consecutive time, regardless of data transferred
during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the DCS
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
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent
online session for each PPP/ISDN account purchased.
Terms of Payment
A credit card User agrees to allow "Dauss Computer
Systems " to bill his or her card on each successive
billing date without obtaining User's permission after
the initial charge. A credit card User shall notify
DCS of any changes in credit card number or expiration
date. If the card is not honored for any reason, DCS
will attempt to notify the card holder by using the
telephone information given at sign-up or by E-mail.
DCS will call the card holder, and if alternative
billing has not been established, the account will
be terminated. Restoring the account will be subject
to a setup fee of $10.00.
If payment is by check, payment due dates are indicated
on User's invoice. Dishonored checks are subject to
a collection fee to be determined by DCS in its sole
and absolute discretion and User's account may be
suspended until the account is current. If payment
is not received,service will be terminated and a setup
fee of $10.00 will be added tom charges for additional
DCS maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are
subject to an interest charge of 2.5% per month on
the outstanding balance. Termination of Service shall
not relieve User from the obligation to satisfy outstanding
invoices. In the event DCS utilizes an attorney to
collect any unpaid amounts, User shall be responsible
for the payment of all of DCS's attorneys' fees and
costs in the collection of these sums. DCS reserves
the right to change prices at any time without prior
notice to it's customers or the public. Price changes
will not be retroactive for existing customers, regardless
of the length of their existing service subscription.
Right to Cancel
DCS reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable.
DCS will not refund any shipping or handling fees.
Cancellations after the first of the month will be
charged for that month.User must notify DCS via telephone
or in writing to cancel Service. Cancellations shall
not be honored by electronic mail. Fees for any setup,
shipping and handling, and monthly service charges
placed by DCS are non-refundable.
Information transmitted through DCS and through the
Internet in general is not confidential. DCS can not
and shall not guarantee privacy or protection of any
User. DCS reserves the right to monitor any User's
transmissions when deemed necessary for providing
proper service and/or to protect the rights and property
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
DCS does not and will not perform system backups
on any User's E-mail account(s). DCS 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, DCS will not provide historical
data, to any party for any reason, regarding any system
or Internet activity.DCS does not and will not perform
system backups on any User's personal web site account(s).
DCS shall not be held responsible for any lost web
data, web files, or any web site contents, regardless
of the reasoning for data loss or system causes. Except
as otherwise set forth herein, DCS will not provide
historical data, to any party for any reason, regarding
any system or Internet activity.
Failure to Comply With Terms and Conditions
DCS may deny User access to all or part of the Service
without notice if User engages in any conduct or activities
that DCS in its sole discretion believes violates
any of the terms and conditions in this Agreement.
If DCS denies User access to the Service because of
such a violation, User shall have not right (1) to
access through DCS 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 DCS, and DCS 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.
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 DCS's system for periods exceeding (8) eight hours,
in any single continuous session. User authorizes
DCS to enforce these restrictions by appropriate software
and network measures, automated and manual.User agrees
to notify DCS 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 DCS.
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.DCS'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.DCS
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 State of Alabama
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. DCS 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 DCS.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 DCS
as the defendant, shall be proper only in a venue
determined by DCS.In any action between DCS and User
to enforce any of the terms of this Agreement, DCS
shall be entitled to recover expenses, including reasonable
This Agreement constitutes the entire agreement between
User and DCS with respect to the Service.