TERMS OF SERVICE
TECHWARRIOR.NET, Inc. 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. Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE
EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
TECHWARRIOR.NET, Inc. exercises no control whatsoever over the content of
the information passing through TECHWARRIOR.NET, Inc.'s system. Use of any
information obtained via TECHWARRIOR.NET Inc. is at User's risk. 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, NON-INFRINGEMENT,
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 TECHWARRIOR.NET, Inc., ITS
PARTNERS, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER TECHWARRIOR.NET,
Inc. NOR ITS
AFFILIATES, ITS PARTNERS, 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 TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, TECHWARRIOR.NET
Inc. 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 TECHWARRIOR.NET 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 TECHWARRIOR.NET, Inc., its partners, 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 TECHWARRIOR.NET, Inc., its partners, 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
TECHWARRIOR.NET 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 TECHWARRIOR.NET, Inc. shall confer as
to and agree on the legal counsel(s) to be selected in any such
defense.
Age Restrictions
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. 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. TECHWARRIOR.NET,
Inc. has no control over and accepts no responsibility whatsoever for
such materials.
Prohibited Activities
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 right holder; 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.
Monitoring of Service
TECHWARRIOR.NET, Inc. has no obligation to monitor the Service.
However, User agrees that TECHWARRIOR.NET, Inc. 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. TECHWARRIOR.NET, Inc. will not
intentionally monitor or disclose any private E-mail message unless
required by law. TECHWARRIOR.NET, Inc. 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.
Account Suspension
TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. following payment of a
reconnection charge, to be determined by TECHWARRIOR.NET, Inc.
in its sole
and absolute discretion.
Messaging
User agrees to limit their use of
the TECHWARRIOR.NET, Inc. service, specifically regarding the use of
TECHWARRIOR.NET, Inc. 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. 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 TECHWARRIOR.NET, Inc. service. 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 SECTION OF THIS DOCUMENT, WILL RESULT IN THE
IMMEDIATE PENALTY OF $200. TECHWARRIOR.NET, Inc. RESERVES THE RIGHT TO
CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
TECHWARRIOR.NET, Inc. SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF
THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR TECHWARRIOR.NET,
Inc. SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
TECHWARRIOR.NET, Inc. 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
TECHWARRIOR.NET, Inc. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
These limitations apply only to Hosting offered by TECHWARRIOR.NET,
Inc. User agrees 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.
Bandwidth Restrictions
Although we 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 our
system.
Limitation of Dial-Up Services
Although TECHWARRIOR.NET
advertises "Unlimited Access" in regards to some of it's
Dial-Up services, there are several limitations applied. The sole
purpose of these limitations are intended to limit the amount of
unnecessary use of TECHWARRIOR.NET, Inc. services by any such User, which
restricts overall TECHWARRIOR.NET, Inc. system availability for other such
Users. These limitations apply only to Dial-Up access services
offered by TECHWARRIOR.NET, Inc.
Idle Timeout
User agrees to have their dial-up 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 TECHWARRIOR.NET
service.
Maximum Single Session
User agrees to have a dial-up online
session automatically terminated after eight (4) hours of
consecutive time, regardless of data transferred during such
specific online session.
Minimum Re-Connect Limit
User understands
they cannot dial-up and log back onto the TECHWARRIOR.NET,
Inc. 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
dial-up PPP/ISDN account purchased.
Terms of Payment
A credit card User
agrees to allow TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET
of any changes in credit card number or expiration date. If the card
is not honored for any reason, TECHWARRIOR.NET, Inc. will attempt to
notify the card holder by using the telephone information given at
sign-up or by E-mail. TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. 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 Service.
TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. utilizes an
attorney to collect any unpaid amounts, User shall be responsible
for the payment of all of TECHWARRIOR.NET, Inc. attorneys' fees and
costs in the collection of these sums. TECHWARRIOR.NET, Inc. 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
TECHWARRIOR.NET reserves the
right to cancel Service for any reason without prior notice.
Pre-paid service is non-refundable. TECHWARRIOR.NET, Inc. will not refund
any shipping or handling fees. Cancellations after the first of the
month will be charged for that month. User must notify
TECHWARRIOR.NET, Inc. via telephone or in writing to cancel Service.
Cancellations may be done by electronic mail. A 30 day (thirty)
cancellation notice by User is required. Fees for any setup,
shipping and handling, and monthly service charges placed by
TECHWARRIOR.NET, Inc. are non-refundable.
No Confidentiality
Information
transmitted through TECHWARRIOR.NET and through the Internet in
general is not confidential. TECHWARRIOR.NET, Inc. can not and shall not
guarantee privacy or protection of any User. TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc.
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
TECHWARRIOR.NET, Inc. does not
and will not perform system backups on any User's E-mail account(s).
TECHWARRIOR.NET, Inc. 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, TECHWARRIOR.NET will not provide historical data,
to any party for any reason, regarding any system or Internet
activity. TECHWARRIOR.NET, Inc. does not and will not perform system
backups on any web sites. TECHWARRIOR.NET, Inc. 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, TECHWARRIOR.NET will
not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Failure to Comply With Terms and
Conditions TECHWARRIOR.NET, Inc. may deny User access to all or part of
the Service without notice if User engages in any conduct or
activities that TECHWARRIOR.NET, Inc. in its sole discretion believes
violates any of the terms and conditions in this Agreement. If
TECHWARRIOR.NET, Inc. denies User access to the Service because of such a
violation, User shall not have right (1) to access through
TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. , and
TECHWARRIOR.NET, Inc. 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.
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 TECHWARRIOR.NET,
Inc. system
for periods exceeding (8) eight hours, in any single continuous
session. User authorizes TECHWARRIOR.NET, Inc. to enforce these
restrictions by appropriate software and network measures, automated
and manual. User agrees to notify TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. 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. TECHWARRIOR.NET, Inc. '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.
TECHWARRIOR.NET, Inc.'s 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 Nevada 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. TECHWARRIOR.NET, Inc. 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 TECHWARRIOR.NET, Inc. 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
TECHWARRIOR.NET, Inc. as the defendant, shall be proper only in a venue
determined by TECHWARRIOR.NET, Inc. In any action between TECHWARRIOR.NET,
Inc. and User to enforce any of the terms of this Agreement,
TECHWARRIOR.NET shall be entitled to recover expenses, including
reasonable attorney's fees. This Agreement constitutes the entire
agreement between User and TECHWARRIOR.NET with respect to the
Service.
