The Internet Outsourcing Group, TIOcom

Terms and Conditions for User Access and User Services

If you do not agree to these terms and conditions, please notify our Accounting Department in writting, so we can terminate your account. Failure to notify TIOcom shall constitute your complete and total approval.

1. All individuals accessing or using TIOcom represent to TIOcom that they are 18 years of age or older. Certain material available on the internet through TIOcom may not be suitable for individuals under the age of 18.

2. User understands further that the internet contains unedited materials some of which are explicit or may be offensive to you. You access such materials at your own risk. TIOcom has no control over and accepts no responsibility whatsoever for such materials.

3. Information transmitted through TIOcom and through the Internet in general is not confidential. Therefore, TIOcom can not and will not guarantee privacy or guarantee protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

4. TIOcom exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via TIOcom is at your own risk. Neither TIOcom nor any of its licensors, employees or agents warrants that the service will be uninterrupted or error free; nor does TIOcom or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither TIOcom nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of TIOcom, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

5. TIOcom will make it's best efforts to keep all information on our Servers backed-up. However, TIOcom recommends that the user maintains a separate back-up of any and all information posted or stored on TIOcom servers. TIOcom is not responsible for lost, corrupted, removed, changed, etc. materials or information.
   TIOcom will also make it's best effort to maintain security on it's networks and servers. However, the nature of the Internet is not secure by default; the user assumes responsability for the appropriate use of security within the users directories.
   
   
6. User agrees to indemnify and hold without harm TIOcom, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.

7. TIOcom Internet connections and all other services provided to the User by TIOcom may only be used for lawful purposes. Transmission, storage or display of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to: copyrighted , material legally judged to be threatening or obscene, or material protected by trade secret. User agrees to indemnify and hold harmless TIOcom from any claims resulting from your use of the service which damages you or another party.

8. The right to use TIOcom is not transferable. Accounts are for your use only! User is responsible for the confidentiality of User access passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user-logins, and consuming more than one modem line are explicitly prohibited. If the User has multiple access accounts, then the user is limited to one login session per system account at any time. WEB hosting accounts are limited to one User Account per system account. Also, WEB Hosting Accounts can only place advertising or promotional material only for one User Account per system account unless authorized in writing by TIOcom. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

9. TIOcom's services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. TIOcom DOES NOT ALLOW Users to run Maillist, Listserv or any form of auto-responder from a User account. Processes that run or are activated while the User is not logged in or accessing the system are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and TIOcom will not be tolerated. When TIOcom becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, TIOcom may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of TIOcom following payment of a reconnection charge.

10. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer, store or display illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.
    
    
11. PAYMENT TERMS:
    • The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours (when and if applicable) do not accrue from one month to the next. Failure to use this account(s) does not relieve the User of payment obligations.
      Prices, service options and features can change with 30 days notice.
      
      
    • Credit Card customers agree to allow TIOcom to bill such card on each successive billing date without obtaining the User's permission after the initial charge. Credit Card customers shall notify TIOcom of any changes in Credit Card Number or expiration date. If the card is not honored for any reason TIOcom will attempt to notify the card holder by using the telephone information given at sign-up. TIOcom will call the card holder ONE time, if alternative billing has not been established within seven (7) days the account will be terminated. Re-establishment of the account will be subject to a reconnection fee.
      
      
    • If payment is by check, payment due dates are indicated on your invoice. Billed accounts (not credit card) can be invoiced monthly, quarterly, semi-annually or annually. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 7 days of the due date, service will be terminated and a re-connection fee will be added to charges for further services.
      
      
    • TIOcom has the right to instantly terminate service for any unpaid or partial paid accounts. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the User from the obligation to satisfy outstanding invoices. In the event TIOcom utilizes an attorney to collect such sums, the User shall be responsible for the payment of all of TIOcom attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the User's relationship with TIOcom shall be in Orange County, in the state of California, U.S.A.

    • TIOcom reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the User on a pro-rata basis.

    • The User must notify TIOcom in writing to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies TIOcom within ten days of establishing said service.

    • TIOcom could offers discounts for prepayment of services on a quarterly, semi-annual and annual basis as well as discounts for schools, students/teachers and incorporated computer user groups. A student must be 18 years of age or older to qualify for the student discount. To qualify for these discounts the User must provide proof that he/she qualifies. Discount programs are not retroactive and will be applied on next billing cycle. All discount programs are subject to change.

    • In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer.

    • Whenever an account is suspended due to lack of payment as indicated above, TIOcom may, in case of WEB page Hosting, place a "WEB Site Suspended..." page in replacement for the normal delincuent users WEB Page. This page will be removed only after the users brings his or her account up to date.
      
      
12. The law that applies to these Terms and Conditions is the law of the state of California, U.S.A. In the event that any portion of these Terms and Conditions 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, and all provisions of these Terms and Conditions which operate to protect the rights of TIOcom shall continue in force even in the event of termination of these Terms and Conditions on other grounds. TIOcom 's failure to insist upon or enforce strict performance of these Terms and Conditions 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 these Terms and Conditions.

13. By the use of a TIOcom account or service the User accepts the terms and conditions set forth in this agreement.

14. These Terms and Conditions were last changed March 27, 1997.