iRove is an Internet access service (the “ISP”) operated by Budget Dialup, Inc., a California corporation ("BDU"). This Terms of Service Agreement ("Agreement") sets forth the terms, conditions and guidelines for use of the ISP (the "Service") and constitutes a legally binding contract between you, on the one hand, and Budget Dialup and its suppliers and providers. Please read this Agreement carefully before activating or using an account with the Service.
WE PROVIDE METERED DIAL-UP INTERNET SERVICES ("SERVICES"), TO BUSINESSES THAT OFFER THE SERVICE TO THEIR EMPLOYEES OR AGENTS FOR BUSINESS PURPOSES. BY USING THE SERVICE OR OFFERING THE SERVICE TO YOUR EMPLOYEES FOR USE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICES IN COMPLIANCE WITH THIS AGREEMENT, OUR SOFTWARE LICENSE AGREEMENT, AND OTHER POLICIES. BY REGISTERING FOR OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, CONDITIONS OR GUIDELINES IN THIS AGREEMENT, INCLUDING ANY FUTURE REVISIONS, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE UNDER SECTION "TERMINATION."
At any time if we determine in our sole discretion that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, we reserve the right to terminate your use privileges immediately without notice.
We may change this Agreement at any time. In the event that we make material changes to this Agreement or the Service, we will post those changes on the iRove Web site thirty (30) days in advance. Use of the Services after such changes have taken effect constitutes acceptance of all changes.
MULTI-USER REQUIREMENT
iRove is a service for businesses that want to offer Internet Access to multiple employees or agents and would like to pay for combined usage charges each month on a single invoice. The iRove service is not offered to individual account holders. Any business that registers for an iRove account but is only used by one employee will be terminated and the individual employee will be directed to www.budgetdialup.com to create an individual, prepaid account.
ADMINISTATION PORTAL
When you create your company account on the iRove Web site, you will create an Administrator username and password. The administrator username provides access to additional features of the administration portal, such as usage reporting, dial-up account creation, and company profile information. The Administrator username does not provide dial-up access.
When creating your iRove account you must enter an Administrator and Billing contact information. The Administrator contact is responsible for creating and managing end-user dial-up accounts. The Billing contact is responsible for ensuring timely payment of invoices. All contact and profile information, including physical and email addresses, must be valid. Publicly available email addresses, such as hotmail, yahoo or aol, are not accepted as valid email addresses. If any information is found to be invalid, your iRove account will be suspended until the information has been updated.
BILLING AND PAYMENT
You are responsible for paying for the connection time used from all dial-up accounts as well as any applicable fees associated with the account. If you decide to stop using the service, you can cancel your iRove account which will automatically deny access to all end user dial-up accounts. Unless stipulated under separate agreement, you have no obligation beyond payment of outstanding invoices.
Charges are calculated from the combined usage for all dial-up accounts multiplied by the Zone Rate. Zone Rates are posted on the iRove Web site in the Administrator section and are subject to change at any time. You are responsible for payment of any and all connection time that was used on your account. Invoices for charges are created on the first of the month for all usage during the previous month. Late payments are grounds for account suspension until payment is received.
END USER
RESPONSIBILITIES
You are responsible for all activity on your account, regardless of whether you are using the account yourself or permitting another person to do so. Therefore, you should supervise any other person whom you permit to use your account. Unsolicited advertisements or solicitations sent from other networks that reference your account will be treated as if they originated from your account, unless we know, or have sufficient evidence to believe, that the message originated with some unrelated party.
ACCESS NUMBER
AVAILABILITY
We may change local access dialup numbers at any time. We reserve the right to advise or direct you to use certain numbers to access the Service or to restrict use of specific access numbers. We cannot guarantee the availability of any access number.
SERVICE AVAILABILITY
We shall use commercially reasonable efforts to enable access to the iRove Web site, administration portal and metered dial-up services twenty-four (24) hours a day, seven (7) days a week, except for issues associated with end user actions or inactions, issues associated with end user-provided equipment, scheduled maintenance and required repairs, and except for any loss or interruption due to causes beyond the control of BDU or which are not reasonably foreseeable by BDU, including, but not limited to, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or third party’s actions beyond the control of BDU including, but not limited to, third party network providers and/or traffic exchange points. Where possible, scheduled maintenance will be performed during non-peak hours (2:00 AM to 4:00 AM EST).
CALL SUCCESS RATE
The Call Success Rate (CSR)
service level is 90%. The CSR is measured as a monthly average across modem
networks calculated based on the number of IP sessions established against the
total sessions attempted. An IP Session is established when the modem port is
available to send, receive and authenticate traffic.
YOU ARE RESPONSIBLE FOR PHONE CHARGES
Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dialup number will cause you to incur long-distance, toll, or other charges. We are not responsible for any long-distance, toll, or other telecommunications charges you incur. Depending on your particular location, the access number you use may not be a local phone call (even though it may be in the same area code or city as your phone number). We advise you to check with your local phone company to verify whether any access number you are using or intend to use is a local call and whether any communication charges may apply.
CONTENT
We have no obligation to monitor the Services and we provide an unfiltered connection to the Internet. We do not routinely review data, documents, materials, or information before they are transmitted through the Service. We will have no liability—whether arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise—related to the content of any such communications.
You are solely responsible for all content including, but not limited to, photographs, illustrations, icons, articles, text, audio clips, and video clips (collectively, "Content") that you post, email or otherwise transmit via this Service. We do not control Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Internet, you may be exposed to Content that is offensive, indecent or a violation of individuals' or proprietary rights. You are solely responsible for using reasonable efforts to screen unwanted material. Under no circumstances will we be liable for any Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, regardless of where it originated.
At our sole discretion, we may take any action we deem necessary to minimize liability for us, our affiliates, or our partners, including, but not limited to, removing any Content and/or immediately terminating the Service to a user whose conduct fails to conform with the letter or spirit of these terms and conditions. If we determine a need to monitor the Services, and in our sole discretion, believe that it is reasonable to do so, we will, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or to protect us and our users. Please review our Privacy Policy.
We reserve the right to block any user's access to any Content, Web site or Web page, in our sole discretion.
PROHIBITED USES
You agree to use this Service only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of this Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. You also agree not to use the Service:
1. in violation of this Agreement or other rules and guidelines that we may promulgate from time to time;
2. to use, transmit, or disseminate any materials that infringe or violate any third party's copyright, trademark, trade secret, privacy, patent, or other proprietary or property right, or in a manner that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation (including laws applicable to exportation of encryption software);
3. to "flood" or disrupt any newsgroup, mailing list, chatroom, or similar forum, including without limitation, by excessive hitting of the return key or scrolling faster than others;
4. to post material to any newsgroup, mailing list, chatroom, or similar forum that is inappropriate or off-topic according to the charter or other public statements of the forum, or established conventions, including without limitation, unsolicited advertisements or large amounts of text or images. You are responsible for determining whether or not a newsgroup, mailing list, chatroom, or similar forum permits the type of message you intend to post;
5. to alter or forge any headers of email messages or any other electronic transmission, in part or whole, to conceal the email address, prevent others from responding to the message(s), or mislead or deceive others as to the identity of the sender of the message(s);
6. to pretend to be someone else;
7. to transmit or disseminate harassing, libelous, abusive, threatening, obscene, defamatory, embarrassing, distressing, annoying, unlawful, tortious, harmful, pornographic, vulgar, racially or ethnically offensive, hateful, or otherwise objectionable materials or materials that are invasive of another's privacy;
8. in any way that harms or has the substantial likelihood of harming any minor;
9. to transmit, disseminate, or upload viruses, worms, any software intended to damage or alter a computer system without the owner's consent, or any other harmful, disruptive, or destructive files or devices;
10. in any way that generates excessive network traffic, adversely affects the ability of others to use the Service, or otherwise disrupts the normal use of the Service, including without limitation, by running excessive numbers of processes; attempting to disrupt the connections of other users; consuming excessive amounts of CPU time, memory or disk space; running multiple simultaneous log ins; using "auto-responders," "cancel-bots" or other similar mechanisms; or "mail-bombing," "news-bombing," or sending excessive amounts of unsolicited email (whether commercial or informational);
11. to transmit, disseminate, or relay advertising, chain letters, pyramid schemes, spam, junk mail, charity requests, petitions, or any other type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings, or to harvest or collect information about another user for such purposes;
12. to view or intercept email or any other electronic transmission not intended for you;
13. to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the Service, or offer use of the Service or access to the Service;
14. to get, collect, or store password or account information, or other private information from another user without consent;
15. to stalk or solicit another person against that person's wishes;
16. for high-volume or commercial purposes; or
17. to post or send any fraudulent or misleading offers of products, items, or services.
VIOLATION OF THE AGREEMENT
If we and/or our affiliates, partners, or providers become aware of possible violations of the letter or intent of this Agreement, we may, in our sole discretion, initiate an investigation, suspend or terminate the account, remove materials from our servers, cancel newsgroup posts, issue a warning, block any prohibited activity, or take any other responsive action. You agree to respond in a timely manner to any complaints. We and our affiliates, partners, or providers reserve the right to assess a charge of $500.00 (five hundred dollars) per complaint received by us or our affiliates, partners, or providers and to recover damages for such complaints for any harm done to the system or Service or for employee hours devoted to responding to complaints. Nothing contained in this Agreement shall be construed to limit the actions we and/or our affiliates, partners, or providers may take or remedies available to us and/or our affiliates, partners, or providers in any way with respect to any prohibited activity or conduct.
Users who violate this Agreement may additionally incur criminal and/or civil liability. We may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with their investigations of any suspected civil or criminal violations, or any other wrongdoing.
Non-enforcement of any provision of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such provision(s) in our sole discretion.
TERMINATION
You may cease using the Service at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the Agreement, Software License Agreement and other policies (as may be updated from time to time). We reserve the right to restrict access to the Service to any user, and may at any time in our sole discretion with or without notice and with or without cause immediately deny access to the Service.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification or temporary suspension of the Service. If you don't agree to any modification to the Service, or to any of the terms in this Agreement, your only remedy is to cancel your account and discontinue your use of the Service.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the use of the Service, any Content you post, email, transmit, or relay to or through the Service, your violation of the Agreement, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property or other rights of any person or entity.
LIMITATION OF
LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE RESULTS OF USE OF THE SERVICE, ANY STORAGE MEDIA RELATED TO THE SERVICE, ANY SOFTWARE CONTAINED ON SUCH STORAGE MEDIA (INCLUDING THIRD-PARTY SOFTWARE), ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.00 (ONE HUNDRED DOLLARS). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF
WARRANTIES
THE SERVICE AND ALL SOFTWARE (INCLUDING THIRD-PARTY SOFTWARE) AND STORAGE MEDIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SERVICE. WE AND OUR PARTNERS, PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES WARRANT THAT USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THIRD-PARTY SOFTWARE
The storage media on which the Service software is provided may contain proprietary software of third parties in addition to the Service software. Any such software is provided to you by such third parties and not by us or our partners, providers or affiliates. The use of such software is subject to the terms and conditions of the user agreement for such software. As further provided in the preceding sections entitled "Limitation of Liability" and "Disclaimer of Warranties," neither we nor our partners, providers or affiliates bear any liability for damages resulting from such third-party software or make any warranty with regard to such third-party software.
GENERAL
The Agreement shall be governed by and construed in accordance with the laws of the state of Oregon as it is applied to contracts entered into by residents of the state of Oregon. You also consent to the exclusive jurisdiction of the state and federal courts in Portland, Oregon, and to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the Agreement is (are) found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You and we agree that any cause of action arising out of or related to this Agreement or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions (including the Software License Agreement and the Budget Dialup Privacy Statement, each incorporated herein or by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this Agreement to any other party.