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This agreement represents the complete agreement and understanding between EOTNetworks and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via EOTNetworks services, EOTNetworks may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Billing Department through the Support area so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. 1. EOTNetworks makes no warranties of any kind, whether expressed or implied, for the service it is providing. EOTNetworks also disclaims any warranty of merchantability or fitness for a particular purpose. EOTNetworks will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. 2. Services provided to the Customer by EOTNetworks may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Canadian or U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. EOTNetworks reserves the right to remove any and all materials which infringe on copyright work. 3. Customer agrees to defend, hold harmless and expeditiously indemnify EOTNetworks from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service. 4. EOTNetworks reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. 5. Setup fees, if any, are not refundable. 6. Additionally, the customer agrees not to utilize the EOTNetworks service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message. 7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements. 8. EOTNetworks requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. EOTNetworks cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. 9. Customer shall ensure that its use of EOTNetworks services shall not disrupt EOTNetworks, its associated
networks or equipment forming part of the systems. In instances in which an excessive amount of system
resources are utilized by a subscriber, EOTNetworks reserves the right to place CPU process limits on
the Customer's account to prevent disruption of service to other customers. Customers shall not
transmit any communication where the meaning of the message, or its transmission or distribution, would
violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may
be mass distributed, "broadcast," or otherwise sent on an intrusive
basis to any
EOT Networks
user or to
any directly
or
indirectly
attached
network. Use
of
EOTNetworks'
connection
in a manner
that is
disruptive,
damaging,
unlawful,
offensive,
or intrusive
as
determined
by
EOTNetworks
shall be
considered a
breach of
this Policy
and may
result in
cancellation
of service.
This
prohibition
extends to
sending of
unsolicited
mass
mailings
from another
service
which in any
way
implicates
the use of
EOTNetworks'
service,
equipment or
any site
hosted by
EOTNetworks
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