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This agreement represents the complete agreement and understanding between Intersession and Client ... (Hmmm, maybe sites that we own, such as Barbertonmagics.com, are not bound to this agreement since they are not a client or owned by a client.) and supersedes any other written or oral agreement. Upon notice published on-line via Intersession Web site: (http://www.intersession.net/terms.html), Intersession may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered, and do anything we desire to our own Web sites as bound by law. BTW, defamation of character is not considered a criminal action.
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1. Intersession makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Intersession also disclaims any warrantee of merchantability or fitness for a particular purpose. Intersession shall not be liable to Client or any of it's customers for any claims or damages which may be suffered by Client or its customers, including, but not limited to losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Intersession.
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2. This service may only be used for lawful purposes. Transmission of any material in violation of any foreign, municipal, state, country or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Intersession may, at its sole discretion, immediately discontinue such service to Client, without any liability other than the refund of unearned prepaid service fees. Client agrees to indemnify and hold harmless Intersession from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Client.
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3. The use of any data or information received by Client or its customers from the utilization of the service provided by Intersession is at Client and its customers sole and absolute risk. Intersession specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
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4. Client shall ensure that it's use of Intersession's network services shall not disrupt Intersession, its associated networks or equipment forming part of the systems. Client 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 Intersession user or to any directly or indirectly attached network. Use of Intersession's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Intersession shall be considered a breach of this Policy and may result in cancellation of service.
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5. Client shall pay any and all fees set forth by written contract according to the terms of the written contract.The written contract is bound under the terms of this agreement and shall adhere to this agreement unless otherwise specifically authorized by Intersession. Intersession may, at its sole discretion, cancel any and all services at any time if Client fails to adhere to the terms of the written contract, including, but not limited to, failure to pay said fees as stated in written contract according to the terms of the written contract.
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6. Client has no authority, apparent or otherwise, to contract for, or on behalf of, Intersession, or in any other way legally bind Intersession in any fashion, nor shall Client be authorized to make any representations about Intersession or its services other than to reiterate to its customers Intersession's responsibilities as outlined in the agreement.
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7. Intersession reserves the right to make changes to the previously stated terms and conditions of this agreement upon thirty (30) days written notice to Client, advising of the change and the effective date thereof. Changes in service fees shall become effective only at the end of any calendar month or months for which Client has prepaid for the respective month or months. Utilization of the service by Client and/or its customers following the effective date of such change shall constitute acceptance by Client of such change(s) in terms.
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