This is a contract between DaytonCreative.Net.
(hereafter referred to as DaytonCreative) and (hereafter referred
to as the user) for access to our network. By connecting to the
internet using your ISP or (Internet Service Provider), the user
agrees to the following terms and conditions of this contract: When
connecting to DaytonCreative.Net's network.
1. This is a business account to be used for business purposes
only and cannot be transferred, resold, or used by any other parties
without express written consent from DaytonCreative.Net. In addition,
personal account's bind to this agreement as well.
2. The user uses the Internet connection and any information obtained
by using the Internet connection at the user's sole risk. The user
shall indemnify and hold harmless DaytonCreative.Net against any
and all liabilities, damages, and costs that result from any claims
or actions that are asserted by any third parties that arise in
any way out of the user's use of the Internet connection.DaytonCreative.Net
makes no warranties of any kind, whether express or implied, including
but not limited to any implied warranty of merchantability or fitness
for a particular purpose, with respect to the use or provision of
the Internet connection.
3. DaytonCreative.Net shall not be liable for the service it offers,
including but not limited to the following:
a. The compatibility of the system functions offered and the user's
b. The reliability and/or performance of the services.
c. The reliability of data and/or information transmitted through
the DaytonCreative.Net computers and/or the Internet connection.
d. Any telco charges related to long distance phone calls.
e. Indirect, incidental, or consequential damages, including but
not limited to lost data, information, or profits, resulting from
the use, operation, or inability to use the system.
4. DaytonCreative.Net reserves the right to suspend or cancel the
user's membership for improper use and/or conduct which includes,
but is not limited to the following:
a. Violation of any Federal or State law.
b. Storage and/or transmission of information, data, or material
protected by copyright, trade secret, or other statue.
c. Using the Internet connection for unauthorized entry into other
computer networks, facilities, or communication devices.
d. Activities deemed as harassment of individuals on the Internet
and/or DaytonCreative.Net network.
e. Spamming or any form of unrequested mass emailings.
5. The user agrees to pay all billed amounts due DaytonCreative.Net
plus applicable sale taxes immediately upon receipt of the invoice.
The service fee and any additional hourly fees will be billed on
a monthly basis, unless a longer billing term is requested by the
customer. Service fees will not be prorated for canceled services
and set-up fees are nonrefundable. Overdue accounts that are passed
for collections are subject to a $10.00 collection fee. Returned
checks will be charged a service fee of $25.00. Post dated checks
will be charged a $5 special handling fee because they cannot be
handled in the normal manner thru our banking institution.
6. Use of our systems to do junk emailings (spaming) is strictly
forbidden, whether it is by e-mail or via newsgroups. If a spam
contains any links to DaytonCreative.net (e-mail address, IP address,
or a site we host) we may discontinue service to this account if
our investigation shows that the account was spamming.
7. DaytonCreative.Net has the right to modify and/or change at
any time its services, rates, or policies. Accounts may be canceled
at any time by either DaytonCreative.Net or the user with written
notice of cancellation.
This agreement will be enforced.