TERMS
OF SERVICE
By
using JOBE for your Internet access, you implicitly accept
and agree to abide by the following terms and conditions
as set by JOBE Internet Services.
Note: Jobe is not responsible for the customer's phone
bill if the customer uses the incorrect access number. Make
sure you are using the correct number for the area in which
you live.
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JOBE Internet
Access Terms of Agreement
JOBE Internet Services is a division of The Computer Outlook, Inc.
Services are made available to subscribers for personal, commercial
and research uses. All subscribers must agree to abide by the following
Terms and Conditions.
1. JOBE Internet
Services (JOBE) does not control the content of the information
passing through its networks. No warranties of any kind, whether
expressed or implied, as to the availability, accuracy or content
of the information, products or services it provides is made by
JOBE. Under no circumstances shall JOBE, or The Computer Outlook,
Inc., be liable for any direct, indirect, incidental, special, punitive
or consequential damages that result in any way from customer's
use of or inability to use the service or to access the Internet
or any part thereof, or customer'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, or
any failure of performance. Use of any information obtained through
JOBE is at the user's own risk. JOBE specifically denies any responsibility
for the accuracy or quality of information obtained through its
services.
2.
Any liability of JOBE including without limitation any liability
for damages caused or allegedly caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
of or unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortuous behavior, negligence, or
any other cause of action, shall be strictly limited to the amount
paid by or on behalf of the customer to JOBE for the current month.
JOBE is not responsible for phone bills incurred because the incorrect
access number was used.
3.
JOBE's network and services may be used for lawful purposes only.
Transmission of any material in violation of federal, state, or
foreign regulation is prohibited. JOBE Internet Services, in order
to provide a safe, secure and enjoyable environment for its clients,
maintains the following as part of JOBE’s Terms of Service.
JOBE Internet Services is under no obligation to monitor the use
of the Internet by its clients however, JOBE Internet Services reserves
the right to immediately terminate service should it be proved that
a client has perpetrated any or all of the following:
•
Unsolicited commercial email/unsolicited bulk email: Sending messages
in groups of 10 or more at a time is considered “spamming”.
Spamming, chain letters, or other unauthorized solicitations will
not be tolerated by JOBE Internet Services.
•
Copyright/trademark infringement: The downloading or uploading of
materials (documents, books, videos, movies, images, etc.) that
are copyrighted or are a trademark, including the unauthorized copying
of such materials, is against the Digital Millennium Copyright Act
of 1998 as well as JOBE Internet Services policy.
•
Service corruption: The uploading of viruses or other code, files
or programs designed to interfere with the normal operations of
JOBE Internet Services or JOBE clients, or limit the function ability
of equipment, or to obtain any third party information without authorization.
•
Harmful actions against groups or individuals: Anything that may
be considered defamatory, abusive, harassing, stalking, threatening,
inappropriate, profane, obscene, indecent, tortuous, libelous, deceptive,
fraudulent, invading of privacy, unlawful, inciting of hate, violence
and/or discrimination towards and individual or group or victims
(of crimes), based on race, religion, belief system, lifestyle,
or gender will not be tolerated by JOBE Internet Services. Furthermore,
any explicit or graphic descriptions or accounts of sexual acts,
including (but not limited to) violent language and child exploitation,
is not allowed and may be reported to authorities.
JOBE
Internet Services maintains the right to cooperate with law enforcement
or satisfy any applicable laws, regulations, legal processes or
government request during investigation of perpetration of any or
all of these rules for user conduct.
4.
Customer understands further that the Internet contains unedited
materials, some of which are sexually explicit or may be offensive
to some people. Customer and authorized users access such materials
at their own risk. JOBE has no control over and accepts no responsibility
for such materials.
5.
Service is provided on an "as is" and "as available"
basis without warranties of any kind, either expressed or implied.
No advice or information given by JOBE, its affiliates, or employees
shall create a warranty. JOBE does not warrant 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,
worms, or other harmful components.
6.
If the customer is dissatisfied with the service or with any terms,
conditions, rules, policies, guidelines or practices of JOBE in
operating the service, the customer's sole and exclusive remedy
is to terminate this contract. Contracts must be terminated in writing.
Any future months of paid service fees will be refunded to the customer
upon receipt of written cancellation. The account will be closed
at the end of the current billing cycle.
7.
JOBE has the right to monitor service electronically from time to
time and disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the service
properly, or to protect itself or its subscribers. JOBE will not
intentionally monitor or disclose any private electronic mail message
unless required by law. JOBE reserves the right to refuse to post
or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or
in violation of this Contract.
8.
JOBE may deny customer access to all or part of the service without
notice if the customer engages in any conduct or activities that
JOBE, at its sole discretion, believes violates any of the terms
and conditions in this Contract. If JOBE denies customer access
to the service because of such violation, neither customer or customer's
authorized users shall have any right to access, through JOBE, materials
stored on the Internet, or to access third party services, merchandise
or information on the Internet. Any credit(s) due to the customer
will be forfeited.
9.
Resale of JOBE's networks or services is strictly forbidden under
all circumstances without a prior written agreement between JOBE
and the Customer.
10.
Dial-Up Service includes 200 hours per account on a 30
day roll over basis with over 8000 access locations available. JOBE
is not responsible for phone expenses if the incorrect access number
is used. It is the responsibility of each client to verify the correct
access number is being used. Furthermore, JOBE is not responsible
for phone expenses if the incorrect access number is used. It is
the responsibility of each client to verify the correct access number
is being used.
11.
JOBE reserves the right to automatically disconnect users from our
routers after 30 minutes or more of inactivity. Bulk mailings to
more than 100 users from your JOBE e-mail account is prohibited.
Concurrent mailings to more than 20 recipients and unsolicited mail
(commercial or non-commercial) to multiple recipients are not allowed.
An individual dial-up account entitles only the named user to log
in, and from only one dial-up modem or TCP/IP connection at a time.
12.
Payments for JOBE services must be made in advance with a pre-arranged
monthly credit card payment, or quarterly if paying with a check
(local banks only), or by cash. Credit card payments are automatically
debited at the beginning of customer's billing cycle, payable to
The Computer Outlook. Access to customer's account may be restricted
if credit card processing fails due to insufficient credit, unreported
replacement numbers, or unreported expiration extensions and a fee
of 25 cents will be applied to customers account for each declined
transaction. If customer pays by check and it is returned unpaid,
the account will be immediately suspended in default, and the check
will be subject to a returned check fee of up to $20.00. Accounts
that remain unpaid after the due date may have their service interrupted.
Such interruption will not relieve the customer from the obligation
to pay the monthly account charge. An account reactivation fee of
$15.00 may be charged to reestablish service. If customer defaults
on payments due JOBE, customer agrees to pay JOBE reasonable collection
expenses, including attorney and collection agency fees.
13.
Customer agrees to defend, indemnify and hold JOBE and its access
providers and affiliates harmless from any and all liabilities,
costs and expenses, including reasonable attorneys' fees, related
to or arising from: (a) any violation of this Contract by customer,
customers' authorized users; (b) the use of the service or the Internet
or the placement or transmission of any message, information, software
or other materials on the Internet by customer or customer's authorized
users; and (c) negligent acts or omissions of customer's officers,
employees, agents or contractors in connection with the construction,
installation, maintenance, presence, use or removal of systems,
channels or terminal equipment or software not provided by JOBE
which are connected or are to be connected to the service.
14.
JOBE's failure to insist upon or enforce strict performance of any
provision 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 Contract.
JOBE reserve the right to modify, change and reformat this document
as it deems necessary without permission or consent of its network
users.
15.
Other uses of JOBE's service networks, equipment and/or lines are
considered fraudulent, and a charge equal to an account's monthly
fee may be charged for violations.
16.
Using or traversing JOBE's networks constitute full agreement and
understanding of this Contract and any future Contract modifications.
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