The EUA must be read, signed and sent in with
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CUBE
Communications and Consulting, inc.
User Agreement:
Terms and Conditions
1. Please Read This Agreement Carefully. By applying for and
accepting service from Cube Communications and Consulting,
Inc. (hereafter referred to as Cube), the user consents to
and accepts all terms and conditions in this agreement. “User” and “Subscriber” are
henceforth interpreted to be one and the same for purposes
of this agreement. CUBE may modify this agreement at any time
and any modification becomes effective immediately by notice
of posting on CUBE’s Home Page, by electronic mail, or
by conventional mail. You may terminate your service as allowed
in Section 14 if you cannot or will not accept any of these
conditions. Your continued use of CUBE’s service after
posting of any such modification shall be deemed as your acceptance
of any and all such terms and conditions. This document may
be found at the following web site: http://www.cubecomm.net/agree/index.htm
It may not be used, copied, changed, reproduced or modified
by any other party without the expressed written permission
of CUBE.
“Unlimited access” or “unlimited hours” is
defined as unlimited interactive access. We expect users to be
in front
of their computer using the system when connected. We reserve
the right to enforce this policy if we deem it necessary, and
a user’s abuse of their access is grounds for immediate
termination of their account.
2. CUBE is a corporation formed
to provide computer and communication services related to interaction
over the Internet. We may also
provide and/or perform: 1) networking services to individuals,
companies and organizations, and 2) sales of other computer
hardware and software.
3. CUBE grants you a non-exclusive and
non-transferable license to use our services on any computer
where you are the primary
user. You may use each license on another computer so long
as only one computer is in use at any one time. If you have
more
than one computer and need simultaneous access, then you
need an additional license or a network license. If you have
needs
for additional licenses, please call us. The Federal Copyright
Act protects all commercial software. Third party software
available through CUBE may be governed by separate end user
licenses. By
agreeing to use CUBE’s services, you agree to be bound
by and honor any such terms.
4. Viewing and/or using another
person’s or entity’s
files, programs or data without the permission of that person
or entity is an invasion of their privacy and an illegal
act, and can be considered (in the case of unauthorized use)
theft
of personal property. Entry into our service system without
authorization shall be considered as criminal trespass, and
entry or attempted
entry into our system by means other than those assigned
to the user shall be considered as criminal trespass. Any
attempt to
circumvent or bypass the security of CUBE’s service/system
shall be considered attempted theft or trespass. Any deliberate
attempt to interfere with our systems performance or capability,
or any attempt to damage systems, software, or the intellectual
property of others will be viewed as criminal activity. The
above descriptions are not intended to describe all the criminal
violations
that may occur by unauthorized use or access of CUBE’s
system or services.
5. CUBE’s electronic mail service
shall not be used for “broadcasting” unsolicited
mail, also known as sending “spam” or “spamming”.
CUBE’s email or any other electronic communication
medium shall not be used to send material considered obscene,
offensive,
or threatening to the recipient. CUBE’s service is
to be used for lawful purposes only. The transmission of
any information
in violation of local, state, federal or international law
is prohibited. All users and subscribers agree to indemnify
and
hold harmless CUBE, its officers and directors, agents, employees,
and licensees from any claims or expenses, including any
attorney’s
fees, in connection with your use of CUBE and the internet.
Any user of the Internet, CUBE’s Internet services,
or any other CUBE services caught purposefully attempting
to damage
any connected system or computer, regardless of such activities
nature, or using the same services for any illegal, malicious,
or unacceptable act, will be Prosecuted and punished to the
full extent of the law. CUBE will assist any legal authority
to detect,
apprehend, convict and punish any such offenders.
6. Except
for information, products, and services clearly identified
as being supplied or supported by CUBE, neither
CUBE nor any
of it’s affiliates operates or controls any information,
products or services available in the Internet in any way
or manner. Except for information, products or services clearly
identified as belonging to CUBE, all information, materials,
products, services and sites offered or made available or
accessible
on or by the Internet generally are offered or made accessible
or available by third parties who are not affiliated or controlled
in any way by CUBE or it’s affiliates. By using services,
software, or products provided by CUBE, YOU EXPRESSLY AGREE
THAT SUCH USE IS AT YOUR SOLE RISK and YOU EXPRESSLY AGREE
THAT ANY
INFORMATION, SERVICE, OR PRODUCT PROVIDED BY OR FOUND ON
THE INTERNET IS WITHOUT WARRANTIES OF ANY KIND BY CUBE AND
IT’S
AFFILIATES, EITHER EXPRESSED OR IMPILED. INCLUDING. BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PUPOSE, other than those warranties
which are implied by and incapable of exclusion, restriction
or modification under the laws applicable to this agreement.
YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS
THAT ARE UNEDITED AND SEXUALLY EXPLICIT, AND MAY BE OFFENSIVE
TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
OWN RISK. IF YOU HAVE SIGNED THIS AGREEMENT ON BEHALF OF
A MINOR
THEN YOU ACCEPT CONTROL OVER AND RESPONSIBILITY FOR ANY EXPOSURE
OF ANY INTERNET RELATED MATERIALS TO SUCH INDIVIDUAL(S) ANDEXPERSSLE
AGREE TO HOLD CUBE HARMLESS FROM ANY SUCH EXPOSURE, EITHER
INTENTIONAL OR ACCIDENTAL. CUBE HAS NO RESPONSIBILITY OR
CONTROL OVER SUCH
MATERIALS. CUBE WILL NOT BE HELD LIABLE IN ANY FORM FOR MATERIALS
FOUND ON THE INTERNET BY ANY USER OF CUBE’s SERVICES.
With over 50 million Internet users and that number growing
daily,
there is no reliable way to censor what is available on the
Internet.
7. CUBE’s services and any software sold or
distributed are provided on an “AS IS,” “AS
AVAILABLE” basis
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF THE 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 CUBE, its employees, agents, licensers or the like shall
create a warranty.
8. Under no circumstances, including negligence,
shall CUBE or anyone else involved in creating, producing
or distributing
the
CUBE services or related software be liable for any direct,
indirect or incidental damages that result from the use of
or inability
to use the CUBE services or software. This includes but is
not limited to, reliance on any information obtained on CUBE’s
services, or that result from defects, delays in operation
or transmission, errors, interruptions, deletion of files
or email,
mistakes, omissions, or viruses; or any failure of performance,
whether or not limited to acts of God, communications failure,
destruction or theft or unauthorized access to CUBE’s
programs, records or services. You acknowledge and accept
that this paragraph
applies to all content, products and services available through
and supplied by CUBE.
9. User is responsible for all charges,
including, but not limited to, telephone or third party online
services, associated
with
using CUBE’s services. User is responsible for obtaining,
maintaining or providing all telephone lines, telephone and
computer equipment (including modem), and any other software
necessary
to access CUBE services.
10. User certifies that he/she is
not a minor, except as allowed forthwith in section 11. User
agrees to provide CUBE
with accurate
and complete information required by registering with CUBE
to use services, and agrees to update any and all information
if
it changes. This includes, but not limited to, users legal
name, address, telephone number(s), and applicable payment
data (e.g.,
credit card number with expiration date, bank account number
for debits, etc.). User agrees to notify CUBE of any changes
to Users registration data within 30 days. Failure to comply
with any provision of this paragraph will result in immediate
suspension or termination of your right to use any and all
CUBE services.
11. A minor (defined herein as any individual
age 18 or younger) may subscribe to services provided by CUBE
as long as the
application and registration is cosigned by said individual’s
parent or legal guardian. Said parent or legal guardian
EXPRESSLY ACCEPTS
AND AGREES TO SUPERVISE USE OF CUBE’s SERVICES AND
ACCEPT ALL RESPONSIBILITY FOR SUCH USE. SAID MINOR, PARENT
AND/OR GARDIAN
AGREES TO HOLD HARMLESS CUBE AND ALL AFFILIATES FROM ANY
AND ALL EXPOSURE TO ANY MATERIALS, PRODUCTS AND SERVICES
ACCESSIBLE
BY CUBE’s SERVICES.
12. Users may order and purchase
merchandise, products and services from other Internet
users who are not affiliated
with CUBE. All
such transactions between third parties and users, regardless
of their nature, are solely between the user and third
party.
CUBE makes no warranties or representations whatsoever
regarding any goods, merchandise, products or services
provided by
third party. CUBE shall not be a party to any transaction
between
user and third party, nor be liable for any cost or damage
arising
directly or indirectly from any action or inaction of
third party.
13. CUBE reserves the rights, at its sole discretion,
to edit, review, or refuse to post or store any information
or material
in CUBE's information storage and retrieval mechanisms.
Notwithstanding the foregoing, CUBE will not intentionally
monitor or disclose
any private email message or other data form unless
permitted or required by law CUBE reserves the absolute right
to
remove any contents that it deems in its sole discretion
to be unacceptable
or undesirable.
Additionally, the server storage space that CUBE provides
to accounts will not be used to provide any advertising
in any
manner for or on behalf of any other individual, business,
company,
corporation, organization or any other entity whatsoever
other than the entity owning the account, unless arrangements
and
permissions have been specifically obtained from CUBE.
Accounts and Billing Information
a. This agreement applies to all accounts with each user subscriber.
Each user is responsible for the use of his or her accounts
by any person and for ensuring complete compliance with this
agreement by any user of those accounts. Accounts for services
with CUBE cannot be transferred without the prior written approval
of CUBE. Users cannot resell Internet connections.
b. Users
must maintain the confidentiality of their passwords. The
user is responsible for any and all activities and charges
resulting from use of the user's account with CUBE. User agrees
to pay all user fees. In the event of a breach of security,
the user will remain liable for any unauthorized use of CUBE
services
until user notifies CUBE.
c. CUBE reserves the right to change
its fee structure or to institute new fees at any time. Users
will be given 30 days
notice for such changes to become effective.
d. If CUBE does
not receive the full amount of user's account balance within
20 days of invoice date, service will be terminated.
Additionally, if the account balance is not paid within
30 days of invoice date, a $10.00 late charge will be imposed
and thereafter
an additional 1.5% (or the highest amount by law) will
be
added to the subscriber's bill and shall be due and payable.
If a
check, debit charge or credit card charge is returned or
refused due
to any reason, including insufficient funds or an expired
card, a service charge of $15.00 will be imposed and shall
be due
and payable. If an account is turned over to a collection
or if legal
action is required by CUBE to collect an unpaid user balance,
CUBE is entitled to collect and you agree to pay all reasonable
collection fees and/or associated reasonable legal and
attorney's fees.
e. If an account is terminated and a refund is
due to the user, then the refund will be calculated as follows:
no
refunds are
due or payable for partial use of a period of service.
Additionally, if an account has been prepaid so as to
receive a discount
from the otherwise cumulative monthly amount and the
account is terminated,
then the user is responsible for payment of 50% of the
remaining full, unused service periods in the user agreement.
Any refund
will be prorated as if the user owed the full monthly
fee without discount for prepayment.
f. Either user or CUBE may
terminate the account at any time. The user's only right with
respect to dissatisfaction
with
any of the terms and conditions of this agreement,
or with regards
to the operations, policies, or practices of CUBE in
operating CUBE's services, any changes in the content
of CUBE's services,
or any change in the fee structure charged in connection
with use of CUBE's services, is to terminate user's
account by delivering
notice to CUBE, effective any business day (Monday
through Friday, excluding legal holidays) CUBE receives such
notification of
termination or any specified future date which is acceptable
to CUBE. CUBE may terminate immediately the account
of any user who misuses his/her account, or fails to abide
by the
terms of
this agreement, or for any breach of this agreement.
If CUBE denies you access to CUBE services due to breach
of
this
agreement, 1) you shall have no right to obtain any
credits otherwise
due you and such credits are forfeited, and 2) you
shall have no
access through CUBE to any Internet or Internet-related
products or services. Once an account is terminated
for any reason,
CUBE shall have no responsibility to notify any third
party with which
the user had any relationship, nor shall CUBE have
any responsibility for any damages that result from lack
of such notification.
14. CUBE receives its Internet
connectivity services through Sprint and its agents.
CUBE is bound by contract
with Sprint
to follow a number of regulatory agreements. By accepting
service with CUBE, user expressly agrees to those same
agreements and
not to violate any terms of the agreement between CUBE
and Sprint. In general, those terms simply state that
this service
will follow
all applicable laws and that the service will not be
used in any manner to harm any other individual or
entity. The
service
will not be used to gain unauthorized access to any
services of Sprint or CUBE, nor to disrupt or harm
those services
in any fashion. You may request a copy of the applicable
Sprint
agreement
documentation from CUBE; alternatively, we may elect
to post the same information electronically on our
service for your
review. Additionally, user expressly agrees to conduct
himself/herself in an appropriate, cordial, ethical
and lawful manner that
is
acceptable to the other residents of the greater Internet
community.
15. This agreement constitutes the entire
agreement between the user and CUBE with respect to services
provided by
CUBE. CUBE’s
failure to enforce any provision hereof shall not be
construed as a waiver of any provision or right. In
the event that any
portion of this agreement is held unenforceable, the
unenforceable portion shall be construed in accordance
with applicable laws
as nearly as possible to reflect the original intentions
of the parties, and the remaining provisions shall
remain in full force
and effect.
I, the undersigned, hereby acknowledge the terms
and conditions set forth in the above User Agreement
and
certify to abide
by these terms and conditions and any subsequent
amendments thereto,
as long as I receive services, all or in part, from
CUBE and/or any of CUBE’s subsidiaries, partners or agents. I agree
to be bound by these terms and the above terms and conditions.
Signed:______________________________ Date:_____________________
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