TERMS AND CONDITIONS FOR USE OF CLARITY
Access and Services
Clarity and its various services are offered subject to rules governing the use of these systems and related services. By subscribing and using Clarity or an Clarity service, you agree to pay all applicable fees and abide by this agreement and applicable rules, as they now exist and as they may be amended, and you agree to ensure that any person to whom you grant access to Clarity or an Clarity service will abide by all terms and rules. Obviously, if the rules change in some way that you find unacceptable, you are free to terminate your subscription as outlined in your contract.
Clarity will give you access to the Internet from our systems. You will have access to all the resources lawfully available on the Internet.
Clarity reserves the right to terminate any service that is not paid in full.
We reserve the right to change or discontinue certain access or services on our system from time to time. We will try to let you know about such changes in advance.
We offer electronic mail (Email) on our system as a service to our customers. We will endeavor to keep all of your e-mail secure and viewable by the customer. We, as system operators, may need to look at your electronic mail if we believe it is necessary to protect ourselves or other users from injury or damage. For example, if we have reason to believe a customer is involved in unlawful activities, which creates any risk that the authorities could seize our system, we will review the electronic mail for our own protection. We monitor electronic mail usage, i.e. size and traffic limits. Clarity will not take action unless we believe it is being misused.
We will not deliberately disclose electronic mail to other users. If we believe certain electronic mail is connected with unlawful activities, we may disclose it to the authorities to protect our system, ourselves and other users.
Remember that the person to whom you send electronic mail does not need to keep it secret. The sender or receiver of the electronic mail has the right to make it public. Most email transactions are not private. Secure email service is available upon request and additional charges may apply.
If the authorities ever request search or or seizure of your information, we will abide by the law. In this case, we cannot assure they will not review or delete your information.
Except as expressly provided herein or as required by law, Clarity will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.
Clarity may use for its own purposes non-public information regarding system use by its subscribers (other than private electronic mail) and any information regarding the contents of public postings.
We want our system to be a worthwhile place for all our users. This does not mean everyone can do whatever they choose on this system, regardless of its effects on others. It is our job to accommodate the common needs of all users while striving to meet our own goals for our systems.
Clarity will monitor all transfers. Also, if we see (or hear about) messages or other activities that violate the rules or threaten the order or security of the system, we will take appropriate action.
If a customer persists in posting messages or transferring files that we previously warned him should not be on our system, those messages will be deleted, and he or she may be locked out. If we discover any users violating the rules, especially the prohibition against unlawful activities, we will act firmly and swiftly. Depending on the circumstances, the customer involved will be warned, or simply locked out. If the customer has done anything to put us or other users in jeopardy, we will contact appropriate authorities.
We do not plan on doing any of these things. If all users act with respect and regard for us and other users, there will never be any problems. By accepting this Agreement, you acknowledge that control.
Limitation of Liability and Indemnity
The great danger for us, and for all operators of computer systems, is that we might be held accountable for the wrongful actions of others. We did not start this service to take the blame for others. Accordingly, we need all users to accept responsibility for their own acts. These needs are accomplished by the following paragraph:
As a subscriber you should understand that neither Clarity nor its divisions, affiliates, parent or subsidiaries (hereinafter “Clarity”), nor any of the parties who supply information to the system make any warranty concerning the accuracy of any information found on or exchanged through the system.
WITH THE EXCEPTION OF THE EXPRESS REPRESENTATIONS SET FORTH IN THESE TERMS AND CONDITIONS, CLARITY AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CLARITY MAKES NO EXPRESS OR IMPLIED WARRANTY HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
IN NO EVENT SHALL CLARITY ITS DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY CONSEQUENTIAL, EXEMPLARY OR PUNATIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED HEREUNDER EVEN IF CLARITY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU FURTHER AGREE THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ADDITION, YOU AGREE TO DEFEND AND INDEMNIFY US AND DO HEREBY HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY FEES) RELATING TO ANY ACTS BY YOU OR MATERIALS OR INFORMATION TRANSMITTED BY YOU IN CONNECTION WITH OUR SYSTEM LEADING WHOLLY OR PARTIALLY TO CLAIMS AGAINST US OR OUR SYSTEM BY OTHER USERS OR THIRD PARTIES.
Choice of Law
Our computer system can be reached by users from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the current Federal law regarding the Internet or the laws of our own state and ours, Ohio, will apply to all matters relating to this Agreement and to our systems. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state will have exclusive Jurisdiction over any such legal actions. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law.
Our Relationship to the Internet
All users need to understand how our system relates to the Internet. The Internet is comprised of many computers and computer networks that are interconnected in various ways and we are a part of that network. Electronic mail travels from computer system to computer system in a path that eventually leads to the destination address. We have no control over that message once it has left out system. The user hereby acknowledges that we are not responsible for the actions of any other individual who gains access to the user’s mail in transit to its destination.
Every subscriber is free to terminate their service at any time for any reason (barring any contract obligations). Clarity may terminate or suspend a service without notice if we reasonably conclude that any subscriber has breached their contract, these terms or applicable rules. Clarity shall be free to terminate its provision of service, or any portion of other services, at any time, if such cessation is beyond its reasonable control. This includes, but not limited to: Late Payments, Unlawful usage and over quota. We will do our best to inform you of any terminations or suspensions.
Integration And Waiver
These terms and conditions, including the attached rules (Attachment B) and applicable pricing schedules, incorporated herein by reference, represent the complete statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof. If either you or we fail to notify the other of any violation of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement.
All subscribers of Clarity or any Clarity service must abide by the following rules.
Besides payment, the only thing we ask from you is that you follow the aforementioned rules. You will find our rules in two places: in the following list or in your contract.
Here are some basic rules for our system:
Do not use our system for anything that might be unlawful. This system may not be used to encourage anything to do with unlawful drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software or other copyright infringement, trafficking credit card codes, or other crimes.
People seem to sometimes have trouble figuring out whether certain activities are unlawful. It is usually not that hard. If it is unlawful in the real world, it is unlawful in here! Using a computer system to commit a crime does not make it less of a crime. If you genuinely do not know whether something you would like to do is legal or unlawful, please discuss it with us before you proceed. The worst we can say is no, please respect our decision.
Any user whose activities disrupt or damage systems function will be held financially liable for system administration costs incurred in repairing the affected systems.
Do not send mass, unsolicited e-mailings to users of our system and/or other systems. This causes a mass influx of complaints to our system administrators and causes them to lose productivity. This is also known as “Spamming”. It will not be tolerated and your account may be locked without notice if you break this rule.
The traffic usage and the space allotted to you, including email should not exceed the contracted amount. Any usage over the allotted amount may be suspended or billed for the additional usage.
It is recommended that you change your password for email/shell activities every 60 days.
Price and Payment
When do I get billed?
Clarity runs billing for all contracts, including but not limited to: Hosting, Email Hosting, Internet Access, Service Contracts, Computer Service Contracts and SEO Contracts will billed in advance the following month. Your billing amount will be prorated based on when you sign up during the month. Typically, the month is divided into halves.
How will I receive my bill?
Invoices and Statements are sent via e-mail.
When is my payment due?
Payment is due right away, unless outlined by a contract.
Past due accounts
In the event the Customer fails to make payments as specified herein, Customers may be assessed a late fee. If the Customer goes into collection the customer shall reimburse Clarity for its costs of collection, including court costs and reasonable attorney fees. Delinquent bills will be assessed a late fee or additional charge if payment is not received within Fifteen (15) days of the due date. If an amount remains delinquent Sixty (60) days after its due date, we have the right to suspend or terminate services. After 90 days, unpaid accounts will be charged a cancellation fee and turned over to collections.
Clarity reserves the right to remove content from viewing on the Internet until payment is made.
We are no different than any other company, you do not pay the bill you do not get service.
All checks returned for insufficient funds will be charged a NSF fee of $45.00.
What happens if I’m paying by check and forget to pay before the billing date?
Clarity reserves the right to lock or cancel (at our discretion) any account that is past due in payment. If your account has been locked for non-payment, you will not be able to access it until the balance has been brought up to date.