Union Plus.net Communication Services

Downloads
End User Terms and Conditions and Toolbar Terms of UseNote: All unionplus.net users are bound by these terms of service. 

unionplus.net ("unionplus.net", "We", "Us") agrees to provide you ("User", "You") 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. PROVIDER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF PROVIDER'S SERVICES INDICATES ACCEPTANCE OF THE CHANGES BY USER.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

unionplus.net reserves the right to refuse service to anyone at anytime for any reason.

unionplus.net exercises no control whatsoever over the content of the information passing through unionplus.net's system. Use of any information obtained via unionplus.net is at User's risk. Neither unionplus.net nor any of its affiliates, its licensers, contractors, resellers, distributors or licensees, or their respective employees, warrants that the Service will be uninterrupted or error free; nor does unionplus.net make any warranty as to the results from use of the Service. 

The user understands and agrees that the Service may include advertisements and that these advertisements are necessary for the unionplus.net to provide the Service. You also understand and agree that the Service may include certain communications from the unionplus.net such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the User Terms of 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 PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS, OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES SHALL CREATE A WARRANTY. NEITHER PROVIDER NOR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROVIDER OR THROUGH OR FROM THE SERVICE SHALLL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Legal Disclaimers

The unionplus.net’s High Speed technology accelerates certain web page text and graphics when compared to standard dial-up Internet service. Actual results may vary. Some web pages such as secure or encrypted web pages will not be accelerated. The unionplus.net’s High Speed is not a broadband service and actual data transmission rates are not faster than standard dial-up Internet service. Transmission of files including, without limitation, streaming audio or video, digital photographs, MP3 or other music files, executable files and other downloads, is not faster using High Speed than with standard dial-up service. unionplus.net’s High Speed may not be compatible with proxy based software or services such as content filters or firewalls. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PROVIDER OR ITS AFFILIATES, LICENSERS, CONTRACTORS, RESELLERS, DISTRIBUTORS OR LICENSEES, OR THEIR RESPECTIVE OFFICERS OR 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 PROVIDER IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. THE PROVIDER AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE THROUGH THE SERIVCE, INCLUDING BUT NOT LIMITED TO INFORMATION PERTAINING TO STOCKS, TRADING OR INVESTMENT. THE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT DECISIONS MADE BASED ON SUCH INFORMATION.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of unionplus.net 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 unionplus.net and its affiliates, licensers, contractors, resellers, distributors or licensees, or their respective officers or 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 unionplus.net, 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 unionplus.net 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 unionplus.net shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to unionplus.net 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. User also agrees to: (a) provide true accurate, current and complete information about yourself as prompted by the unionplus.net’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, the unionplus.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof.)

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites are not under the control of the unionplus.net and you acknowledge that the unionplus.net is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by the unionplus.net or any association with its operators. You further acknowledge and agree that the unionplus.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

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. unionplus.net 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; ‘stalk’ or harass another; provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; post on web space 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; collect or store any personal information about other users; 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 Mail list, 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. unionplus.net has no obligation to monitor the Service. However, User agrees that unionplus.net 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. unionplus.net will not intentionally monitor or disclose any private e-mail message unless required by law. unionplus.net 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. unionplus.net 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 unionplus.net following payment of a reconnection charge, to be determined by unionplus.net in its sole and absolute discretion. 

Messaging

User agrees to limit their use of the unionplus.net service, specifically regarding the use of unionplus.net's electronic (e-mail) services, to the following restrictions: 

Unauthorized Use of Relay Servers 

User agrees that any unauthorized use of any e-mail 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 e-mail 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 e-mail messages sent while using the unionplus.net 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. PROVIDER RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF PROVIDER SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR PROVIDER SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, PROVIDER 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 PROVIDER SERVICES FOR VIOLATION OF ANY OF THESE TERMS. 

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, content for which you are not the copyright holder or for which you do not have the rights holder's permission, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by the Service. You agree to indemnify and hold the Service harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials or any other unauthorized materials. 

Content Submission

Submission of any content by User for use with any of unionplus.net's services shall grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. unionplus.net has no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

General Practices Regarding Use and Storage

You acknowledge that the unionplus.net may establish general practices and limits concerning use of the Service, including without limitation to the maximum number of days that e-mail messages will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum file size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the unionplus.net’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the unionplus.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the unionplus.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the unionplus.net reserves the right to modify these general practices and limits from time to time with or without notice.

Limitation of Dial-Up Services 

Although unionplus.net advertises "Unlimited Access" in regards to some of its Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of unionplus.net services by any such User, which restricts overall unionplus.net system availability for other such Users. These limitations apply only to Dial-Up access services offered by unionplus.net. Using a personal account for high volume or commercial use is prohibited. The Dial-Up services are intended for periodic, active use of e-mail, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. 

Members may not use the Dial-Up services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, unionplus.net maintains the right to terminate an