1cis.com Terms of Service

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DESCRIPTION OF SERVICE
1cis.com will provide You with myDurango.net dialup internet access (the "Service"). Access is provided subject to the following Terms of Service ("TOS"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and that 1cis.com assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or settings.

EQUIPMENT
You are responsible for providing all telephone and computer equipment and telephone access lines to access the Service. You are responsible for all local or long distance telephone charges for connecting to the service.

REQUIREMENTS
You affirm that you are at least eighteen (18) years of age. The Service is not transferable and may not be used by anyone other than You.

MEMBER ACCOUNTS, PASSWORDS AND SECURITY
You will receive one or more account names and passwords upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the passwords and accounts, and are fully responsible for all activities that occur under your passwords or accounts.

You agree to immediately notify 1cis.com of any unauthorized use of your passwords or accounts or any other breach of security, and to ensure that You exit from your accounts at the end of each session. 1cis.com cannot and will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not 1cis.com are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. 1cis.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 1cis.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree not to use the Service to:

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • Collect or store personal data about another, "Stalk" or otherwise harass another;
  • Forge headers or identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Upload, post, email or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual fiduciary relationships (such as inside information or information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
  • Upload, post, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons;
  • Use your web site as storage for remote loading or as a door or signpost to another home page, whether inside or beyond 1cis.com;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey and requirements, procedures, policies or regulations of networks connected to the Service; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law;

You acknowledge that 1cis.com does not pre-screen Content, but that 1cis.com has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that 1cis.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, response to claims that any Content violates the rights of third-parties, or protect the rights, property or personal safety of 1cis.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks, and changes to conform and adapt to the technical requirements of these networks or devices.

INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply will all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside.

INDEMNITY
You agree to indemnify and hold 1cis.com, and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of Content You upload, post, email, or otherwise transmit via the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service.

GENERAL PRACTICES
You acknowledge that 1cis.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other Content will be retained by the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on 1cis.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that 1cis.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that 1cis.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 1cis.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATIONS TO SERVICE
1cis.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 1cis.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION
You agree that 1cis.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 1cis.com believes that You have violated or acted inconsistently with the letter or spirit of the TOS. 1cis.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 1cis.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, You agree that 1cis.com shall not be liable to You or any third-party for any termination of your access to the Service.

LINKS
The Service may provide links to other World Wide Web sites or resources. Because 1cis.com has no control over such sites and resources, You acknowledge and agree that 1cis.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 1cis.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

1CIS.COM's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 1cis.com You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 1cis.com grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

DISCLAIMER OF WARRANTIES
You expressly understand and agree that: - Your use of the service is at your sole risk. The service is provided on as "As Is" and "As Available" basis. 1cis.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. - 1cis.com makes no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by your through the Service will meet your expectations, and any errors in the software will be corrected. - Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. - No advice or information, whether oral or written, obtained by You from 1cis.com or through or from the Service shall create any warranty not expressly stated in the TOS.

LIMIT OF LIABILITY
You expressly understand and agree that 1cis.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages for loss of profits, goodwill, use, data or other intangible losses (even if 1cis.com has been advised of the possibility of such damages), resulting from the use or inability to use the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the above Warranties and Liabilities may not apply to You.

NOTIFICATION
Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the Service.

GENERAL INFORMATION
The TOS constitute the entire agreement between You and 1cis.com and govern your use of the Service, superseding any prior agreements between You and 1cis.com. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The TOS and the relationship between You and 1cis.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. The failure of 1cis.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.