SpireTech Terms of Service and Acceptable Use Policy
Dear New User,
Thank you for choosing Spire Technologies as your Internet service
provider. Please read this entire document, as it contains information
about our services, as well as your responsibilities. It is advisable
that you print this document out and keep a copy handy in case you have
any questions regarding your account in the future.
Welcome
If you have not already acknowledged activation of your account to a
Spire representative, please do so by Email or phone (M-F, 9-6pm).
Cancellation Policy:
Spire may cancel accounts at any time after providing notice to Account
Holder(s). Account Holder(s) may cancel their account at any time, but
refunds will not be given for unused service. Cancellations are accepted
by phone, EMail, postal mail, FAX or online form. Cancellations are
not offically registered until acknowledged by a SpireTech employee.
The preferred cancellation method is our online form, which can be
found here:
http://spiretech.com/tools/cancel/
Our SPAM Policy:
The transmission of unsolicited or prohibited advertising or other content
through electronic mail or inappropriate Usenet postings is forbidden. The
use of Spire Technologies accounts or services for unsolicited mass
mailings or postings (commonly known as "Spam") by any customer will
cause that customer's services to be terminated immediately and without
warning, and the customer will be held legally responsible for the damages
to Spire Technologies, both monetary and in reputation. The use of any
other service to make such a mailing or posting, with any reference to
Spire Technologies services (including but not limited to mailboxes,
internet access accounts, auto-responders, and Web pages), shall also
be grounds for account termination as described above.
About Your Bill:
Your first bill may display a small charge for a setup fee. This is
a one-time charge to cover the setup of your account. The remainder
of your bill will reflect the service period your Internet account is
for. On your first bill, this amount may be pro-rated depending on when
your account started.
Please note: Refunds on Annual Service Contracts will be offered when
yearly pre-paid discounted service has been chosen. This offer is good
for thirty (30) days from the opening date of service. However, it will
be pro-rated at our current pay-per-month rates.
There is a $35.00 charge for all returned checks.
Billing and Cancellation:
Payment is due before the beginning of each service period. Your bill will
be mailed out by the 10th of each month. Full payment is expected within
20 days of the billing date. If payment is not received within that time,
we will make an effort to contact you. However, Spire reserves the right
to suspend your access with or without notice until payment is received
in full. If you cannot make a full payment within the billing period,
please contact a Spire representative to make other arrangements. If there
are any discrepancies with your bill you must bring such discrepancies
to the attention of the billing department with 30 days of the due date
of that bill. No adjustments shall be made after that time.
Credit Card Payments:
Credit Card payments are automatically charged to your credit on our
about the 20th of each month, or when due.
Customers will be billed for fulltime connections for excessive use.
Re: Bots and IRC Scripts:
SpireTech does not allow bots or IRC scripts on any of our servers. These
programs and scripts allow for some serious security risks and as such
compromise the security of everyone's account. If these processes are
seen running we, the systems administrators, will not hesitate to remove
them from active duty. Also we reserve the right to cancel your account
without notice if any of this activity occurs All of this is implied,
but not directly stated, in the Internet services Agreement.
This is not to say that you cannot use IRC. We feel this is an important
avenue of communication. However, if you need to run a bot or a script
you may not do so on our servers. Many of the scripts that are out there
can be run locally on your computer. If you have a bot that is used to
keep a channel open or to perform an on-going remote service, please
talk to the systems administrator of the server you are working through.
Questions:
E-mail is the best way to receive fastest answers to any questions or
concerns you may have. If you have any questions about your bill, you
can contact Spire via E-mail at billing@spiretech.com, if you are able
to do so, or by phone at 503-222-3086 during business hours. Technical
support questions should be directed to our systems administrator,
at support@spiretech.com
Again, thank you for choosing Spire Technologies.
Terms of Service Spire Technologies, Inc. Internet Services Agreement
1.1 The Internet Services provided by Spire Communications Group,
("SPIRE Services"), a division of and operated by Spire Technologies,
Inc. ("SPIRE Inc."), consist of computer on-line, interactive information,
communication and including, but not limited to, (i) restricting the
time of availability, (ii) restricting the availability and/or scope
of the SPIRE Services for certain platforms (i.e., computer types and
operating systems), (iii) restricting the amount of use permitted, and
(iv) restricting or terminating any Account Holder's right to use the
SPIRE Services, at Spire's sole discretion and without prior notice
or liability. Spire reserves the right to change or add any fees or
surcharges at any time effective upon thirty (30) days' prior notice.
1.2 Please read this document carefully. It comprises the agreement
between Spire and all persons or entities utilizing those Services. This
agreement is hereinafter referred to as the "Terms of Services" or
"TOS". These terms of service may also be accessed through the Spire
home page.
1.3 BY COMPLETING THE ACCOUNT SIGNUP PROCESS AND/OR USING THE SPIRE
SERVICES (OTHER THAN TO READ THE TOS AGREEMENT FOR THE FIRST TIME), YOU
AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS OF SERVICES, JUST
AS IF YOU HAD SIGNED THIS AGREEMENT. If You do not wish to be bound by
our TOS, You may not continue to use the SPIRE Services. In that case,
You should immediately terminate your account and You are prohibited
from using SPIRE Services.
1.4 Spire may modify its TOS at any time and in any manner. Any
modification is effective immediately upon either a posting on the
SPIRE Services home page, electronic mail, or conventional mail. If
any modification to the TOS is unacceptable to You, You may immediately
terminate your Account. YOUR CONTINUED USE OF THE SPIRE SERVICES FOLLOWING
MODIFICATION TO THE TOS SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF
SUCH MODIFICATION.
1.5 The Terms of Services Agreement and the Account Holder Conditions
together constitute the entire agreement between Spire and Account Holder
with respect to the SPIRE Services, except and unless the parties have
entered into a separate written agreement signed by Spire and Account
Holder. Spire may discontinue or alter any aspect of the SPIRE Services,
including, but not limited to, (i) restricting the time of availability,
(ii) restricting the availability and/or scope of the SPIRE Services
for certain platforms (i.e., computer types and operating systems),
(iii) restricting the amount of use permitted, and (iv) restricting
or terminating any Account Holder's right to use the SPIRE Services,
at Spire's sole discretion and without prior notice or liability. Spire
reserves the right to change or add any fees or surcharges at any time
effective upon thirty (30) days' prior notice.
2.1 Connect Charges. Account Holder is responsible for all charges (e.g.,
telephone and line) associated with connecting to the SPIRE Services
through an available access number or through a dedicated line. THE ACCESS
NUMBER IS A LOCAL TELEPHONE CALL WITHIN THE PORTLAND, OREGON CALLING AREA
(consult your local telephone company for additional information ).
2.2 Equipment. Account Holder is responsible for obtaining or providing
all telephone access lines, telephone, software and computer equipment
(including modem), or other access device, necessary to obtain access
to the SPIRE Services. In the event that customer equipment is located
at SPIRE Inc. premises, said equipment may be permanently removed by
the customer only upon 30 days notice, and only after all monies owed to
SPIRE Inc. by the customer have been paid in full. All equipment brought
into or removed from SPIRE Inc. premises must be authorised and logged
my SPIRE Inc. staff.
2.3. Registration. ACCOUNT HOLDER CERTIFIES TO SPIRE THAT THE ACCOUNT
HOLDER IS AT LEAST EIGHTEEN (18) YEARS OF AGE OR THAT THE ACCOUNT HOLDER
IS A CORPORATION. IF THE ACCOUNT HOLDER IS A CORPORATION THE ACCOUNT
HOLDER CERTIFIES THAT ALL USERS OF THE ACCOUNT SHALL BE OVER THE AGE OF
EIGHTEEN (18). A minor's parent or legal guardian may authorize a minor's
use of Account Holder's account under adult supervision, however the
Account Holder agrees to assume any and all liabilities resulting from
minor's use. THE ACCOUNT HOLDER AGREES TO PROVIDE SPIRE WITH ACCURATE,
COMPLETE, AND UPDATED INFORMATION REQUIRED BY THE REGISTRATION TO THE
SPIRE SERVICES ("Account Holder Registration Data"), including Account
Holder's legal name, address, telephone number(s), and applicable payment
data (i.e., credit card number and expiration date or checking account
information). Account Holder agrees to notify Spire within thirty (30)
days of any changes in the Account Holder Registration Data. Failure to
comply fully with this provision may result in immediate suspension or
termination of your right to use the SPIRE Services. Spire may, at its
discretion, enter into special billing arrangements with employers and
other entities.
2.4 Accounts/Charges/Payment.
(a) Accounts.
The TOS applies to all accounts associated with Account Holder. Each
Account Holder is responsible for all activities and charges resulting
from use of Account Holder's Account(s) under any screen name of the
Master Account(s) by any person, and for ensuring full compliance with
the TOS by all users of his/her Account(s). SPIRE Account(s) may not be
transferred without prior written approval from Spire, subject to any
limits established by Spire.
(b) Passwords.
Upon your enrollment as a Account Holder, You will select a
unique password. Account Holder is responsible for maintaining the
confidentiality of his/her password and is liable for any harm resulting
from disclosing or allowing disclosure of any password. In the event of a
breach of security, Account Holder will remain liable for any unauthorized
use of the SPIRE Service until Account Holder notifies Spire by calling
1-503-222-3086. SPIRE will attempt to the best of its ability to notify
Account Holders of the need to change their password if there is a breach
in security from unauthorized personnel "hacking" into the system.
(c) Payment.
Current rates for using the SPIRE Service may be obtained by calling
SPIRE Inc. at 1-503-222-3086. All payments are due in advance by the
first day of the month. If Spire does not receive the full amount of
Account Holder's SPIRE Service account balance within thirty (30) days
of invoice date, an additional 1.5% (or the highest amount allowed by
law, whichever is lower) per month late charge will be added to Account
Holder's bill and shall be due and payable. Account Holder shall also be
liable for all attorney and collection fees arising from Spire's efforts
to collect any unpaid balance of Account Holder's Account(s). Accounts
which are overdue may be terminated without notice.
(d) Cancellation Policy.
Spire may cancel accounts at any time after providing notice to Account
Holder(s). Account Holder(s) may cancel their account at any time, but
refunds will not be given for unused service. Cancellations are accepted
by phone, EMail, postal mail, FAX or online form. Cancellations are
not offically registered until acknowledged by a SpireTech employee.
The preferred cancellation method is the online form on the Spire website.
2.5 On-line Conduct.
Any conduct by a Account Holder that in Spire's discretion restricts or
inhibits any other Account Holder from using or enjoying the SPIRE Service
will not be permitted. Account Holder agrees to use the SPIRE Service
only for lawful purposes. Account Holder is prohibited from posting
to or transmitting through the SPIRE Service any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane,
hateful, racially, ethnically or otherwise objectionable material of
any kind, including, but not limited to, an material which encourages
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national
or international law. Account holder agrees to indemnify and hold Spire
harmless for any violation of the terms of this agreement.
2.6 Content.
(a) Proprietary Rights.
Account Holder acknowledges that the SPIRE Service contains information,
software, photos, video, graphics, music, sounds or other material
(collectively, "Content") that are protected by copyrights, trademarks,
trade secrets or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work
under the US Copyright laws, and Spire owns a copyright in the selection,
coordination, arrangement and enhancement of such Content. Account Holder
may not modify, publish, transmit, participate in the transfer or sale,
creation of derivative works, or in any way exploit, any of the Content,
in whole or in part. If no specific restrictions are displayed, Account
Holder may make copies of portions of the Content, including copyrighted
material, trademarks, or other proprietary materials, provided that
the copies are made only for Account Holder's personal use and that
Account Holder maintains any notices contained in the Content such
as all copyright notices, trademark legends or other proprietary
rights notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under the US copyright laws (see
e.g. 17 U.S.C. Section 107), You may not upload, post, reproduce, or
distribute Content protected by copyright, or other proprietary right,
without obtaining permission of the copyright owner. Use of any software
Content shall be governed by the software license agreement accompanying
such software.
(b) Distribution/Uploading of Third Party Content.
Account Holder may upload to the software files or otherwise distribute
on the SPIRE Service only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public Domain
Content"), or Content in which the author has given express authorization
for on-line distribution. Any copyrighted Content submitted with the
consent of a copyright owner should contain a phrase such as "Copyright
owned by [name of the owner]; Used by Permission." The unauthorized
submission of copyrighted or other proprietary Content constitutes a
breach of the TOS and could subject You to criminal prosecution as well
as personal liability for damages in a civil suit. The Account Holder,
You, not Spire or its independent contractors, are liable for any damage
resulting from any infringement of copyrights, proprietary rights, or
any other harm arising from such submission. By submitting Content to any
"Public Area" (Public Area(s) are those areas of the SPIRE Service that
are generally accessible to other Account Holders, such as message boards,
and file uploads You automatically grant, or warrant that the owner of
such Content has expressly granted, Spire the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute the Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. You also permit any Account
Holder to access, view, store or reproduce the Content for that Account
Holder's personal use. Subject to this grant, the owner of Content
placed on the SPIRE Service retains any and all rights which may exist
in such Content.
(c) Export.
The US export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. Account Holder agrees to abide by these
laws -- including but not limited to the Export Administration Act,
the Arms Export Control Act and their implementing regulations --
and not to transfer, by electronic transmission or otherwise, any
Content derived from the SPIRE Service to either a foreign national or
a foreign destination without first obtaining any required government
authorization. Account Holder further agrees not to upload to the
SPIRE Service any data or software that cannot be exported without
prior written government authorization, including, but not limited to,
certain types of encryption software. This assurance and commitment
shall survive termination of the Agreement. In addition, because the US
export control laws currently prohibit nationals of Cuba, Iran, Libya,
North Korea and Syria from gaining access to certain Content on the
SPIRE Service, nationals of these countries currently may not legally
access the SPIRE Service at this time.
(d) Benefit of Provisions.
The foregoing provisions of this section 2.6 are for the benefit of Spire
and its independent third-party information providers ("Information
Providers"), merchants ("Merchants") and licensors ("Licensors"), and
each shall have the right to assert and enforce such provisions directly
on their own behalf.
2.7 Third Party Content. Spire is a distributor (and not a publisher)
of Content supplied by third parties and Account Holders. Accordingly,
Spire has no more editorial control over such Content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or Content expressed or made
available by third parties, including Information Providers, Merchants
(as defined herein), Account Holders, or any other user of the SPIRE
Service, are those of the respective author(s) or distributor(s) and not
of Spire NEITHER SPIRE, INC. NOR ANY THIRD-PARTY PROVIDER OF INFORMATION
GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT,
NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (Refer
to Section 5 below for the complete provisions governing limitation
of liabilities and disclaimers of warranty.) In many instances, the
Content available through the SPIRE Service represents the opinions
and judgments of the respective Information Provider, Account Holder,
or other user not under contract with Spire. Spire neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or
statement made on the SPIRE Service by anyone other than authorized Spire
employee spokespersons while acting in their official capacities. Under
no circumstances will Spire be liable for any loss or damage caused by
a Account Holder's reliance on information obtained through the SPIRE
Service. It is the responsibility of the Account Holder to evaluate
the accuracy, completeness or usefulness of any information, opinion,
advice or other Content available through the SPIRE Service. Please seek
the advice of professionals, as appropriate, regarding the evaluation
of any specific information, opinion, advice, or other Content.
2.8 Retention of Files. Account Holder is responsible for retention of
all files, information data and other materials as may be necessary for
reconstruction of any files, information material or messages lost or
misprocessed by Spire.
2.9 SPIRE's Service is provided only for lawful purposes. Account
Holder's are prohibited from posting to or transmitting through the
SPIRE Service any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, or offensive material.
3. Third-Party Sales and Services. Account Holder may order and purchase
merchandise or services from other Account Holders and users of the SPIRE
Service, who are not affiliated with Spire. All transactions concerning
third-party ("Merchant") goods or services, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between Merchant and Account Holder. Spire makes
no warranties or representations whatsoever with regard to any good or
service provided or offered by any Merchant. Spire shall not be a party
to a transaction between Account Holder and Merchant, or be liable for
any cost or damage arising either directly or indirectly from any action
or inaction of any Merchant.
4. Spire's Rights
4.1 Spire may elect to electronically monitor the Public Areas for
adherence to its TOS and may disclose any Content, records or electronic
communication of any kind (i) to satisfy any law, regulation or authorized
governmental request, (ii) if such disclosure is necessary to operate
the SPIRE Service, or (iii) to protect the rights or property of Spire ,
its Account Holders, or Information Providers or Merchants.
4.2 Spire reserves the right to prohibit conduct, communication, or
Content which it deems in its discretion to be harmful to individual
Account Holders, the communities which make up the SPIRE Service,
Spire 's or other third-party rights, or to violate any applicable
law. Notwithstanding the foregoing, neither Spire nor its Information
Providers have the practical ability to restrict conduct, communication
or Content which might violate its TOS prior to transmission on the SPIRE
Service, nor can they ensure prompt editing or removal of questionable
Content after on-line posting. Spire shall not assume liability for any
action or inaction with respect to conduct, communication or Content on
the SPIRE Service.
4.3 Spire will not intentionally monitor or disclose any private
electronic communication unless permitted or required by law. Spire may
terminate immediately without notice any Account Holder who misuses or
fails to abide by the TOS, including, without limitation, misuse of the
software libraries, discussion boards, E-Mail, or conference areas.
5. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
5.1 ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE SPIRE SERVICE IS AT
ACCOUNT HOLDER'S SOLE RISK. NEITHER SPIRE , ITS EMPLOYEES, AFFILIATES,
AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE
LIKE, WARRANT THAT THE SPIRE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SPIRE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE
SPIRE SERVICE. NEITHER SPIRE NOR ANY OF ITS INDEPENDENT NETWORK SERVICE
PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR
IMPLIED, THAT ANY AVAILABLE ACCESS NUMBER WILL BE A LOCAL CALL FROM YOUR
AREA CODE AND EXCHANGE.
5.2 THE SPIRE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY SPIRE , INC., ITS EMPLOYEES,
AGENTS (INCLUDING ACCOUNT HOLDER REPRESENTATIVES OR GUIDES), THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A
WARRANTY; NOR SHALL ACCOUNT HOLDER RELY ON ANY SUCH INFORMATION OR ADVICE.
5.3 UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPIRE , OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SPIRE
SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY
TO USE THE SPIRE SERVICE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A
ACCOUNT HOLDER ON ANY INFORMATION OBTAINED ON THE SPIRE SERVICE; OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-
MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SPIRE
'S RECORDS, PROGRAMS OR SERVICES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES THAT
THIS PARAGRAPH 5.3 SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES
AVAILABLE THROUGH THE SPIRE SERVICES. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES SPIRE 'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
5.4 NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY
OF SPIRE , OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION
PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE,
EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY
ACCOUNT HOLDER TO SPIRE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED
INJURY OR DAMAGE. The foregoing limitations of liability and damages
are considerations in establishing the price of Spire's service. The
foregoing provisions of this Section 5 are for the benefit of Spire,
its employees, directors, affiliates, agents, Information Providers,
Merchants and Licensors, and each shall have the right to assert
and enforce the provisions directly on their own behalf. This is the
complete statment of the Agreement between the parties on the subject
matter, and supercedes all other prior understandings, purchase orders,
agreements, and arrangements. This Agreement shall be governed by the
Laws of the State of Oregon. Exclusive jurisdiction and venue for all
matters in this agreement shall be in courts located Multnomah County,
Oregon and you consent to such jurisdiction and venue.
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