SpireTech Terms of Service Agreement Portland Oregon

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 by providing 30 days notice to Spire if an individual, or by providing 60 days notice to Spire if Account Holder is a corporation or if the account is for a dedicated connection. Cancellations are NOT accepted by phone, you MUST send an EMail, FAX, fill out the online form at http://www.spiretech.com/cancellation.html or mail stating that you wish to 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.

Additional Information

This is our first and most stringently enforced policy. The practices described here can permanently destroy an online reputation overnight, and easily taints any organization associated with the guilty party. We will not tolerate these abuses. We reserve the right to refuse service to anyone for any reason whatsoever.

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 are 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.

Quitting Spire

If at any time, for any reason, you wish to discontinue Spire, notify a Spire representative, either in writing, using the online form at http://www.spiretech.com/new/cancellation.html, fax, or E-mail. If you quit during a billing period, your bill will be pro-rated, and you will be only charged for the days previous to your cancellation request. No refunds are available if you decide to quit during a period for which you have already paid.

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 out there to keep channel open or to perform some other 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 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.

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 by providing 30 days notice to Spire if an individual, or by providing 60 days notice to Spire if Account Holder is a corporation or if the account is for a dedicated connection. Cancellations are NOT accepted by phone, you MUST send an EMail, FAX, fill out the online form or send a letter via postal mail stating that you wish to cancel.

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.