Faradic Internet Services, LLC.

Faradic Internet Terms of Service
(1/26/99 5:00 PM)

In the following document:
1. The term "Faradic" refers to Faradic Internet Services, L.L.C.
2. The term "User" or "you" refers to the person entering into a service agreement with Faradic or any other person or entity using their account with or without permission.
Users are assumed to have read and understood these Terms of Service. By using Faradic services, User agrees to all terms outlined in this document as if this were a written, signed document. These terms of service are subject to change without notice at any time. The User is responsible for reviewing updates to the Terms Of Service and each use of Faradic's services is deemed an agreement to the terms, or amended terms, then in effect. Changes to this document take effect immediately. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS DO NOT USE ANY FARADIC SERVICES. Any and all questions should be directed to Faradic at (732) 224-7000 or info@faradic.net.
FARADIC PROVIDES NO WARRANTIES. FARADIC EXPRESSLY DISCLAIMS ANY WARRANTY FOR ANY SERVICE OR CONTENT THAT PASSES THROUGH FARADIC'S SYSTEMS AND EXERCISES NO CONTROL OVER THE CONTENT OF THE INTERNET. FARADIC SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH THE USER. Faradic disclaims any obligation to maintain the confidentiality of information on their system, however Faradic's current practice is to utilize reasonable efforts to maintain such confidentiality. Faradic is not responsible for any damages incurred real or imaginary to the User from the use of Faradic's services or any other content available through Faradic. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, the User's errors or emissions, or the providers of Faradic's services. USE OF FARADIC'S SERVICES IS AT THE USER'S RISK.
All services provided to the User by Faradic are to be used only for lawful purposes. Transmission or storage of any information, data, or material in violation of any Foreign, US Federal, State, or local regulation or law is prohibited. Faradic is governed by the laws of State of New Jersey. This includes, but is not limited to material protected by copyright, trade secret, or any other statues, threatening material, or obscene material. The User agrees to indemnify and hold harmless Faradic from any claims resulting from the User's use of the services, which damages either the User or another party or parties. The User acknowledges that the United States regulates the transfer of technology across national boundaries, including electronic transmissions. User agrees not to transmit, export or re-export in any manner (including by way of electronic transmission or retransmission) any technology derived from or through Faradic's services without first obtaining any necessary export license or governmental approval. Faradic exercises no control over the content that passes through its communications, therefore, the sole burden of complying with such laws and regulations rests with the User.
User agrees that neither Faradic nor any other person or entity involved in creating producing or distributing Faradic services shall have any liability for any direct, indirect, incidental, special, or consequential damages, that:
1. Arise from the use of or inability to use Faradic's services; any software obtained through Faradic services; or any information obtained through Faradic services.
2. Result or may result from mistakes, omissions, intellectual property infringement by others, delays in operation, availability, transmissions, any failure of performance, whether or not occurring by negligence, acts of God, communications failure, destruction or unauthorized access. User hereby acknowledges that this document shall apply to all content, merchandise or services available through Faradic's service.
Any access to other networks encountered through the use of Faradic Services must be governed by the rules of that network in addition to the rules and regulations set forth in this document.
Faradic reserves the right at any time and without prior notice to discontinue or alter any aspect of Faradic's services, including, without limitation, restricting:
1. The times during which it is available.
2. The compatibility of the service with certain hardware and software platforms.
3. The level of use permitted.
4. Or terminating any user's rights to use the service.
All charges for Faradic's services must be paid in advance. Faradic reserves the right at any time, to change, increase, or create additional fees or surcharges upon 30 days prior notice. Payment for existing accounts must be received within 5 business days prior to the end of the current term, in order to insure uninterrupted access to the User's account.
It's Faradic's current policy to send online invoices and reminders via email prior to the end of a User's current access term to remind them that the current term is expiring. However, Faradic takes no responsibility for sending these invoices and reminders.
Credit Card subscribers agree to be billed automatically 5 business days prior to the end of each term until the User cancels the account or discontinues credit card billing. This is done to ensure uninterrupted service. Credit Card subscribers may also be sent an invoice indicating the amount charged to the credit card upon request. If the User desires to discontinue credit card billing, the User must notify Faradic 10 business days prior to the end of the current term.
All terms begin on the first day of the month. Any service started after the first of the month will be billed on a prorated basis as follows: (days used up to the first day of the next month)/(total days in term) * (cost per term). These prorated charges will be billed with the following term and should be paid before the full term begins. Ex. User signs up for a year term on Jan 15th; their first bill is for 17days out of 365 multiplied by the yearly cost of $179.40 in addition to the next full term. This first month therefore comes to $8.36 + $179.40. The User's yearly billing term begins on February 1st.
Any bill totaling under $4 will be applied to the next term's bill as a matter of convenience.
Any accounts, which are not paid on time and have been suspended, must be paid in full for the current term before access is resumed. Partial months due to non-payment or late payments will not be prorated. Any User whose check is not honored by the bank will be charged a $25 bad check fee, and will be considered unpaid until funds are provided.
Notification by a User to cancel their account must be received 10 days prior to the end of a term in writing (email, fax, or US mail) in order not to be billed for the next term. The cancellation notice must include User's Faradic username, User's real name, and reason for canceling the account. Cancellation may only occur at the end of a term. No money will be refunded or prorated for cancellations before the end of a term. Once User's account is canceled all files, mail, and information under the account will be held for 15 days and then deleted. If User decides to restart the account within the 15 days before the files are deleted Faradic will try to restore the files to User's account. This procedure also applies to late fees and non-paid accounts. Faradic will not be held responsible for User's files within 15 days after cancellation or non-payment.
If a new email address is provided upon cancellation, User's email will be forwarded to the new address for up to 30 days following cancellation of the account. This forwarding services may be continued beyond this period for a fee.
Faradic utilizes an inactivity time out for all non-dedicated accounts. User agrees not to use artificial means to defeat these time-outs. Faradic also utilizes a mandatory 8 hour time out.
User agrees that their account will be used only to connect a single computer to the Faradic network.
Faradic reserves the right to suspend or terminate any account without a refund upon discovery of its involvement in (including but not limited to) the following actions or events:
1. Use of two or more modems at the same time by a single non-EQL account
2. Any unlawful activity involving the use of Faradic services. These include but are not limited to:
  1. Transmission of indecent materials to minors
  2. Infringement of copyright laws
  3. Infringement of intellectual properties
  4. Credit card fraud
  5. Electronic fraud
  6. Denial of Service (DoS) Attacks
3. Use of Faradic services as a means of gaining unauthorized access to other systems.
4. Defeating inactivity or mandatory time-outs.
5. Tampering with or violating the privacy of other user's files or email.
6. Overuse of system resources and spawning excess processes that persist after the User is no longer connected without express permission from Faradic.
7. Sufficiently severe and/or repeated net etiquette violations. (Ex. Email Spam)
8. Providing false, incomplete, or outdated user information.(including but not limited to full name, address, telephone number, and credit card information)
9. Distribution of User's or other account holder's personal information (including but not limited to name, passwords, or address)
10. Unauthorized resale or commercial use of Faradic's services.
11. Having more connections open to IRC servers (or IRC ports) than currently granted by account options
12. Having any open connection from, or listening on any ip address other than the one specifically assigned to your account. If User has paid for multiple connections or listening processes, each must be on the ip address specifically assigned to that process
13. Multiple or severe attacks (DoS, UCE, hack attempts, etc) to Faradic servers and/or network to User's assigned ip address
Faradic reserves the right to terminate a User's account at any time for any reason or no reason. Faradic also reserves the right to terminate a User's account without notice.
Upon termination of any account, User has no right to access any Faradic services that are provided for members of Faradic's service.
Faradic reserves the right to charge a $100 cleanup fee for the following policies violations (including, but not limited to):
1. Intentional or maliciously caused IRC bans
2. UCE (Unsolicited Commercial Email / Unsolicited Bulk Email) cleanup
3. Denial of Service Attacks
4. Serious harassment.
At its sole discretion Faradic shall have the right to substitute equivalent service for the duration of an unexpired contract, or to refund the fees paid on a prorated basis.
User is responsible for all connect charges associated with connection to Faradic's service through an available access number. This includes but is not limited to local or long distance telephone charges to connect to Faradic modems.
User is also responsible for obtaining, maintaining, and providing all necessary equipment and service including but not limited to: telephones, computer modem, access lines, and any other hardware/software necessary.
User represents and warrants to Faradic that such User is over the age of 18. Alternatively, the parent or legal guardian of any individual who is under the age of 18 may authorize such person's use of their Faradic account under adult supervision. Certain material available through Faradic may not be suitable for individuals under the age of 18 and the individual's parent or legal guardian is responsible to prevent the minor from accessing this material, and indemnifies Faradic and absolves Faradic from any responsibility or liability therefor.
User agrees to provide Faradic with accurate, complete, and current updated information with regards to User's full name, address, and telephone number. If User is paying by credit card this includes authorization to charge User's credit card with provided credit card number, and expiration date.
All Faradic accounts are non-transferable, and any attempt to transfer will void the account.
Unauthorized resale or commercial use of Faradic's services is prohibited.
Commercial or paid advertisement requires a commercial account and will not be permitted with personal accounts. These include but are not limited to commercial emailing, web page content, and web page advertising.
Faradic reserves the right to issue special pricing and considerations for individuals or entities, as it deems necessary.
Faradic reserves the right to search all files, information, and other material of a specific User when this User is suspected of unlawful activities. Such material will be deleted upon discovery. Faradic does this with the intention of accommodating US laws, however this is not to be construed as Faradic taking responsibility for the content of its users. Faradic reserves the right to notify the proper authorities upon discovery of any unlawful activities or material.
Faradic's current policy is to keep backups of its storage space for its own purposes, however Faradic does not take responsibility or liability in the event that any data is lost or accidentally deleted. Each user is responsible for safe guarding and retaining all of its files, information, data, and other materials, as may be necessary for the User to reconstruct any files, information, material, or messages lost or misprocessed by Faradic.
If a User manages to exceed their proper quota for storage space, Faradic reserves the right to delete any information necessary.
Faradic provides limited amounts of temporary storage space, however any data stored in this space may be deleted at any time without notice.
The use of the feminine, masculine, or neuter gender shall, as the context may require, be deemed to include the others. The use of the singular shall include the plural and vice versa.
These Terms and Conditions supercede all previous representations, agreements, or understandings, and shall prevail over, not withstanding, any variance with terms and conditions.