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Terms And Conditions

Use of The Diamond Lane (hereafter known as TDL) constitutes passive acceptance of these Terms and Conditions. "Use" is defined as logging in and actually using the TDL System. TDL will provide Internet access to the subscriber in exchange for payment of fees and compliance with these Terms and Conditions.

General Information

TDL subscribers are expected to be good "Net Neighbors" to other users and other accessed systems. The TDL account provides unlimited, unmetered accounts for interactive use. Dial-up accounts have a designated idle timeout. Dedicated Lines are available to our subscribers who need 24 hour access. The use of ANY PROGRAM to defeat the timeout, whether or not designed specifically for the purpose of defeating the timeout, is strictly prohibited. Any subscriber using a dial-up non-dedicated account in a dedicated manner shall be liable for the additional fees of a dedicated line and will be billed at the dedicated rate for that billing period. Such program configuration constitutes implied consent to such charges.

It is the subscriber's responsibility to check with their telephone provider to verify that the phone number the modem will be dialing for TDL access is local.

TDL supports the following software: Netscape Navigator, Shiva Dialer, Win 95 TCP/IP stack, MAC Free PPP, MAC Open Transport, Windows NT TCP/IP stack, and Linux PPP.

If an account will not be used for an extended period of time (14 day minimum) TDL should be notified in advance and the account can be put on "Hold" for up to two months without accruing additional charges.

Technical Support

TDL is proud of our Technical Support Staff. To maintain the quality of technical support our customers expect, we must limit the availability of telephone tech support to the primary account holder only. Similarly, tech support must be limited to issues related to connectivity only. Web page design, use of perl scripts, how to compile code, etc. must be learned by the user. We do have extensive information available to our subscribers on the TDL Tech Support Web page. When time permits, we may assist with issues not related to connectivity, but TDL is not obligated to provide this additional service. If necessary, consultants can and will be recommended.

Billing and Payment

TDL has two forms of billing: Credit Card Auto-billing (All Major Credit Cards are currently accepted) and E-mail Invoicing (monthly, quarterly, or yearly). Accounts invoiced on a monthly basis must be paid within 15 days to avoid termination and reconnection fees. Accounts opened in the middle of the billing cycle will be pro-rated for the first month. Invoices will be E-mailed unless other arrangements are made. "Snail mail" invoicing is available at an additional $1.00 handling/postage charge per invoice.

Payment for services are to be made in advance of receiving services. Monthly charges accrue from the time of sign-up to the time of cancellation. Termination requests may be made by phone (510-782-6825), fax (510-782-4738), E-mail (acctg@tdl.com) or US Mail. All termination requests must be received 10 days prior to the next billing date to avoid accruing additional monthly charges.

User Responsibilities

The running of background or multiple processes on a shell account is strictly prohibited and is grounds for immediate termination without refund.

TDL encourages the appropriate use of E-mail, Usenet News and the World Wide Web; we have a zero tolerance policy on spamming. Spamming is defined as either sending unsolicited bulk E-mail, posting a commercial message to one or more newsgroups, or posting any message not in keeping with the charter and FAQ of the newsgroup. TDL subscribes to all Usenet news groups, some of which may contain adult-oriented materials. Similarly, access to all Web sites is available, some of which may also contain adult materials. We do not view ourselves as censors and do not, nor could we, screen material on the aforementioned access locations. Users under the age of 18 must have a parent or legal guardian agree to these Terms and Conditions in writing to indicate their knowledge and acceptance of the adult subjects and language that may be found in the aforementioned areas. We expressly disclaim any responsibility to monitor the use of TDL accounts by minors.

TDL makes no warranties or guarantees, whether expressed or implied, as to the quality, accuracy, or validity of information on any network. The subscriber assumes all risks and responsibility regarding the determination of whether materials are in the public domain when downloading, uploading, or redistributing materials using TDL access. TDL takes no responsibility for any damages suffered by the user including, but not limited to: loss of data from delays, non-deliveries, mis-deliveries, or service interruptions.

The subscriber agrees to use the services furnished by TDL as allowed by applicable Local, State and Federal laws. Transmission of any material in violation of any US or State regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secrets. In addition, the subscriber agrees to indemnify and hold TDL harmless from any claim resulting from service which causes direct or indirect damage to another party. The subscriber also agrees to indemnify and hold TDL harmless from all lawsuits, judgments, decrees, costs and expenses, including any attorney fees from the use of the services provided by TDL.

The subscriber agrees to comply with the rules and regulations of any other network directly or indirectly connected to TDL. Any use that negatively affects the operation of TDL or compromises the use for other members is strictly prohibited. Attempting to gain unauthorized access to the TDL system, another Provider's network, or other users' accounts (commonly known as "hacking") is similarly prohibited and may result in damage charges (see below).

Any violation of these Terms and Conditions (including ANY action that causes damage, downtime, excessive load, or harm to people or systems) may result in a warning, suspension of service, or termination of the offending account without notice or refund. If appropriate, TDL may bill/collect a fee of $300.00 per hour to repair malicious damage caused by hacking, mail-bombing, or attempted damage to the TDL system or other networks via the TDL system.

The subscriber is responsible for his/her account and is expected to maintain a reasonable degree of security by not sharing the password. Unless TDL has reason to believe that account security has been breached, the user is responsible for anything done from his/her account login or dial- NTup-IP Host. TDL reserves the right to refuse service to anyone at any time.

The information above is not all-inclusive and is subject to change. TDL may modify these Terms and Conditions, as well as discontinue or change the services offered upon notice published online on our Web page. This agreement represents the complete agreement and understanding between TDL and the subscriber and supersedes any other written or oral agreements.

Billing Policies

The Diamond Lane is using metered billing to measure network traffic. Very few customers exceed their quota.

You will not be billed for additional traffic unless it is pre-authorized. You can monitor your account during the month using your Web browser. If necessary, you can authorize additional traffic. If you are notified that you are nearing your monthly quota and fees for additional traffic are not authorized, public access to your files may be suspended for the remainder of the month.

Mailing list traffic accrues to your total monthly network traffic (for example, a 3k message sent to 100 of your subscribers will result in 300k of network traffic).

Most network traffic to and from your site is logged against your quota. This includes FTP puts and retrievals, FTP by mail accesses, all mailing list traffic, and all Web accesses from outside the TDL network. Accesses by TDL personnel do not count against your quota. You will not be billed for traffic above your allowance unless you have pre-authorized the additional fees.

Personal accounts will be invoiced via E-mail. There is a $1.00 charge for a printed invoice for personal accounts.

One month after your account is activated, and every month thereafter, you'll receive a statement for your monthly fee for the coming month, as well as for over-quota fees for disk space and network traffic for the previous month.

Canceling Your Account

You may cancel your TDL account at any time by sending E-mail to us at support@tdl.com, or by contacting us by phone or mail.

If you cancel immediately after the current billing period, you are still liable for any overages that may have occurred during the previous month.




Web
Hosting
Managed Server
Program (MSP)
Colocation Personal
Accounts
Connectivity E-mail
Services
Terms &
Conditions


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