Ultra ISP System User Agreement
Ultra ISP Networks, Co. (hereafter referred to "Ultra
ISP") services may be used for lawful purposes only. ECPA
NOTICE: Ultra ISP reserves the right to monitor any and all communications
through or with Ultra ISP facilities. Each user agrees that Ultra
ISP is not considered a secure communications medium for the
purposes of the ECPA and that no expectation of privacy is afforded.
Ultra ISP may choose to cease providing service to any person(s)
or organization(s) at its sole discretion. No notice will be
required to be given of such action.
Transmission of or solicitation for reception of any material
which violates any US Federal law(s), any state law(s); any city
legal code(s) or ordinance(s) or any of the laws governing the
locality where the user resides is prohibited. This includes
material which is legally obscene, threatening, libelous or violates
any provision of intellectual-property law method material which
would be illegal to distribute to any person of any age within
the boundaries of the United States of America – including,
but not limited to, adult materials. Ultra ISP is not responsible
for any materials viewed over the internet. The user agrees to
indemnify, hold harmless and defend Ultra ISP from any legal
action, which results from their use of the internet.
The Service provides access to many areas of the internet, including
the WorldWide Web, discussion groups and IRC (Internet relay
chat) channels. Some of these areas may contain text, graphics
and other materials and content intended for adult audiences.
By accepting this Agreement, you certify that you are at least
eighteen (18) years of age. If you are the parent or legal guardian
of a minor, you may authorize the minor's use of Ultra ISP’s
service and you hereby agree to assume any and all liabilities
resulting from the minor's use of the Service. Ultra ISP believes
that children should get their parents’ consent before giving
out any information. Ultra ISP encourages parents to participate
in their children's internet experience.
The transmission of unsolicited advertising through electronic
mail and postings to inappropriate groups is explicitly prohibited.
Each user agrees to respect the copyright of all data items on
the internet. Ultra ISP is not responsible for the contents of
the user's mailbox, any personal storage, or other materials
in their account(s) at the time of termination of services –
regardless of the cause of termination. Ultra ISP does not provide
mail or web page forwarding at termination. Ultra ISP reserves
the right to periodically notify users of special offers from
advertisers. These periodic e-mail do not fall under the category
of unsolicited email (i.e. Spam).
Ultra ISP may wish to verify the accuracy of the information
you submit in connection with your registration for the Service
(including, without limitation, performing cross tabulations
with external databases) and you hereby consent to Ultra ISP’s
verification of such information.
Each user agrees that the security of their account(s), including
data stored, transmitted and received through it, is their sole
responsibility. Each user further agrees that if they believe
their account security has been compromised in any way, to notify
Ultra ISP immediately via telephone and a written notification.
Each user agrees that they are responsible for any and all use
made of their account(s) until they so notify Ultra ISP in the
event of an intrusion. Ultra ISP does not guarantee the safety
and security of any transmission(s). Ultra ISP retains any and
all access to any and all service(s) or locations(s) attached
to the internet at its discretion.
Material passed via Ultra ISP to or from other networks must
comply with the other networks rules and regulations. Each user
agrees that Ultra ISP has the right to cooperate in any investigation
which is requested by parties alleging that a user may have violated
any law which is enforceable in that user's jurisdiction and/or
in Ultra ISP’s jurisdiction– this also includes any
provision of this agreement. Each user agrees that Ultra ISP
has the right to turn over any evidence of illegal activity that
Ultra ISP may discover in the course of any investigation requested
by an outside party, or discovered in the routine operation and
maintenance of the Ultra ISP services and network components
to the appropriate authorities. Ultra ISP may be required by
law to disclose and release any information it may have to any
officials of the law. This includes all federal, state, and local
jurisdictions. Each user agrees and understands that the disclosure
of such information will be upon presentation of a valid order
of a court or government entity. Each user agrees and understands
that Ultra ISP’s judgment as to the validity of any court
order or subpoena is considered proper and final. Each user further
agrees that Ultra ISP may make copies of the user's material
for the use of those authorities in their investigation, if requested
for the purpose of preservation of evidence.
User is responsible for obtaining, at user's own expense, all
input/output devices to access the Service (such as modems, terminal
equipment, computer equipment and software) and communications
services (including, without limitation, long distance or local
telephone services). User is responsible for protecting the secrecy
of their login identification, password, file name(s), and any
security lock code that they use to protect access to their data.
The Service is for personal use of registered members only and
may not be resold, used for sale, exchange, barter, or otherwise.
Member accounts cannot be transferred or used by anyone other
than the registered account holder.
Unless specifically requested by user, personally identifying
information such as your name, address, telephone number, e-mail
addresses, and other personal and confidential information will
not be disclosed by Ultra ISP without user's consent, except
as may be required by law. Ultra ISP will not collect information
regarding software programs, utilities or other materials that
reside on your computers.
Payment of Fees: Each user acknowledges and understands that
user will be responsible for all amounts charged by your local
telephone company for all calls made to Ultra ISP’s customer
support lines and to access the Service. Each user acknowledges
and understands that each user account is due and payable by
the first of the month and account termination will take place
on the seventh of the same month if not paid in full. Also, user
understands there is a $15.00 reconnection fee to restore any
delinquent account. User understands a returned check fee of
$20.00 will be charged to user account for any bad checks returned
from our bank for insufficient funds available.
Cancellation of Account: In order to cancel your account, you
must submit your request to Ultra ISP via U.S. Mail at the address provided below.
Only full unused prepaid months will be refunded.
There is a $35.00 cancellation fee unless there is a 30 day advance notice provided by user.
Each user agrees not to attempt to cause, or
actually cause, any disruption of service on Ultra ISP or any
other network or subscriber, including, but not limited to malicious
traffic generation, attempted or actual violation of any security
system in place on the internet and its resources, or any unauthorized
access to any computer or resource on the internet. If you prepay for a special or discount that
Ultra ISP is running and you need to cancel, you will NOT recieve a refund of the unused portion of our services.
Ultra ISP does not guarantee connectivity at any time, for any
length of time or at any speed. Ultra ISP makes no warranties
or representations of merchantability or fitness for any purpose.
Ultra ISP is not responsible for any loss a user may suffer as
a result of using Ultra ISP – including but not limited
to, loss resulting from delays in service, incorrect or incomplete
delivery of information, possible computer viruses, operating
system failure or interruption of service, regardless of cause.
Ultra ISP is not responsible for any information or computer
data lost because of Ultra ISP’s software/service installation
or usage. Additional statements such as presentations, whether
oral or written, do not constitute warranties by Ultra ISP and
should not be relied upon.
Each user agrees not to attempt to defeat any idle timer or system
tool intended to enforce the part-time and personal nature of
your connection, including the use of pingbots and other methods
of avoiding timed disconnection. Each user agrees to remain signed
into the network only when actually making use to same and to
disconnect when idle for significant periods of time (more than
20 minutes). Each user authorizes Ultra ISP to enforce this restriction
by appropriate software and network measures – automated
or manual.
Each user may not assign this agreement to anyone else. This
agreement will be governed by and construed in accordance with
the laws of the state of Pennsylvania, excluding its conflict
of law principles. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly
excluded. The exclusive personal jurisdiction of and venue for
all disputes arising out of this agreement shall be the state
and federal courts located in Clinton County, Pennsylvania, USA
and you consent to such jurisdiction and waive all objections
to such jurisdiction and venue. If any provision of this agreement
is held to be unenforceable for any reason, such provision shall
be reformed only to the extent necessary to effect the original
intentions of the parties, and the remainder of this agreement
shall remain in full force and effect.
Each user may contact Ultra ISP at the following address:
Ultra ISP
212 North Vesper Street
Lock Haven, PA 17745
(570) 893-6400
info@ultraisp.com
Any failure of Ultra ISP to enforce any provision of this agreement
shall not constitute a waiver of any rights under such provision
or any other provision under this agreement.
Each user agrees that Ultra ISP may modify any of the terms and
conditions given here. Any changes or modifications will be posted
in a conspicuous place on the system.
The agreement supersedes any written or oral communication a
user may have had with Ultra ISP. This agreement is the complete
and total agreement between the parties. Violation of any of
the terms and conditions of this agreement may result in the
immediate, no-notice cancellation of services. Serious violations
may subject a user to criminal or civil prosecution.
No System Backup
Ultra ISP does not and will not perform system backups on any
User's E-mail account(s). Ultra ISP shall not be held responsible
for any lost E-mail data, email attachments, or any E-mail message
contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, Ultra ISP will
not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Ultra ISP does not and will not perform system backups on any
User's personal web site account(s). Ultra ISP shall not be held
responsible for any lost web data, web files, or any web site
contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, Ultra ISP will
not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Limitation of Dial-Up Services Although Ultra ISP advertises
"Unlimited Access" in regards to some of it's Dial-Up
services, there are several limitations applied. The sole purpose
of these limitations are intended to limit the amount of unnecessary
use of Ultra ISP services by any such User, which restricts overall
Ultra ISP system availability for other such Users. Maximum Single
Session User agrees to have an online session automatically terminated
after eight (8) hours of consecutive time, regardless of data
transferred during such specific online session. User agrees
to maintain no more than one (1) concurrent online session for
each PPP/ISDN account purchased. User understands and agreees there is a
maximum of 300 hours per month limit of usuage. Additional fees apply
if user goes over the maximum of 300 hours per month.
Ultra ISP Terms of Service
