2WheelTech's Terms of Service (TOS)
NOTE: All users are bound by this terms
of service.
2WheelTech. ("2WheelTech") 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.
2WheelTech exercises no control
whatsoever over the content of the information passing
through 2WheelTech's system. Use of any information
obtained via 2WheelTech. is at User's risk. Neither
2WheelTech 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
2WheelTech 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 2WheelTech, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
2WheelTech 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 HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL 2WheelTech, 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 2WheelTech IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT,
2WheelTech'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 2WheelTech 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 2WheelTech, 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 2WheelTech, 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 2WheelTech 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 2WheelTech shall confer as to
and agree on the legal counsel(s) to be selected in any
such defense.
Age Limit
User represents to 2WheelTech that he or she is 18 years of
age or older. 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.
Sexually Explicit Materials
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. 2WheelTech has no control over and accepts no
responsibility whatsoever for such materials.
Prohibited Uses
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;
********* WARNING SPAMMERS
***********
Your credit card will be charged $100.00 for EACH reported
spam incident. We will pursue every legal option available to
help prosecute all illegal activity on this service including
spam. All unsolicited commercial bulk email is considered
spam.
- 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
rightholder;
- 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.
2WheelTech has no obligation to monitor the Service.
However, User agrees that 2WheelTech 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. 2WheelTech will not intentionally monitor or
disclose any private E-mail message unless required by law.
2WheelTech 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. 2WheelTech 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
2WheelTech following payment of a reconnection charge, to
be determined by 2WheelTech in its sole and absolute
discretion.
Messaging
User agrees to limit their use of the 2WheelTech service,
specifically regarding the use of 2WheelTech's 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.
- Fraudulent Addressing 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 2WheelTech service.
Fraudulent Content
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
"MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE
IMMEDIATE PENALTY OF $200. 2WheelTech RESERVES THE RIGHT TO
CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
2WheelTech SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
2WheelTech SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, 2WheelTech 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 2WheelTech SERVICES FOR VIOLATION OF ANY OF
THESE TERMS.
Limitation of Web Hosting Services
Although 2WheelTech advertises "Unlimited Bandwidth" in
regards to some of its services there are several
limitations applied. The sole purpose of these limitations
are intended of unnecessary use of 2WheelTech services by
any such User, which restricts system availability for
other such Users. These limitations apply only to Hosting
offered by 2WheelTech.
Restricted Content
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. Bandwidth Restrictions 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 our system.
Limitation of Dial-Up Services
Although 2WheelTech 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
2WheelTech services by any such User, which restricts
overall 2WheelTech system availability for other such
Users. These limitations apply only to Dial-Up access
services offered by 2WheelTech 150 hours maximum per
account per month aggregate usage applies (Network One).
Network Two is for unlimited, occasional human usage.
Idle Timeout
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 2WheelTech
service.
Maximum Single Session
User agrees to have an online session automatically
terminated after five (5) 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 2WheelTech
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 PPP account purchased.
Dedicated Usage
Users that are connected more than 5 hours per day are
considered dedicated. This service is not intended for
dedicated use, and users who are dedicated may be subject
to cancellation and termination without notice. There will
be NO refunds given under any circumstances.
2WheelTech 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
2WheelTech reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is
non-refundable. 2WheelTech will not refund any shipping or
handling fees. Cancellations after the first of the month
will be charged for that month.
User must notify 2WheelTech prior to their renewal date to
cancel Service. Fees for any setup, shipping and handling,
and monthly service charges placed by 2WheelTech are
non-refundable.
No Confidentiality
Information transmitted through 2WheelTech and through the
Internet in general is not confidential. 2WheelTech can not
and shall not guarantee privacy or protection of any User.
2WheelTech 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
2WheelTech.
Customer Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, "2WheelTech" may
publish User's name and other consumer information in one
or more directories, which may be accessed by other
Internet users. In addition, unless User notifies
"2WheelTech" to the contrary as provided above,
"2WheelTech" may make such information available to third
parties from time to time. User understands further that
merchants on the Internet may have access to such
information and may make it available to third parties in
accordance with their normal practices unless User notifies
those merchants directly that User does not wish such
information to be made available.
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
2WheelTech does not and will not perform system backups on
any User's E-mail account(s). 2WheelTech 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, 2WheelTech will not provide historical data,
to any party for any reason, regarding any system or
Internet activity.
2WheelTech does not and will not perform system backups on
any web sites. 2WheelTech 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, 2WheelTech will not
provide historical data, to any party for any reason,
regarding any system or Internet activity. A $20 surcharge
applies for cancellations of annual accounts.
Failure to Comply With Terms and Conditions 2WheelTech may
deny User access to all or part of the Service without
notice if User engages in any conduct or activities that
2WheelTech in its sole discretion believes violates any of
the terms and conditions in this Agreement. If 2WheelTech
denies User access to the Service because of such a
violation, User shall not have the right (1) to access
through 2WheelTech 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 2WheelTech, and 2WheelTech 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 2WheelTech's
system for periods exceeding (5) five hours, in any single
continuous session. User authorizes 2WheelTech to enforce
these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify 2WheelTech 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 2WheelTech.
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.
2WheelTech'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.
2WheelTech 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 Illinois 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.
2WheelTech 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 2WheelTech.
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 2WheelTech as the
defendant, shall be proper only in a venue determined by
2WheelTech.
In any action between 2WheelTech and User to enforce any of
the terms of this Agreement, 2WheelTech shall be entitled
to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between
User and 2WheelTech with respect to the Service.
