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Digital Passage User Agreement


This represents the complete agreement between Digital Passage, Inc. and the Digital Passage Account Customer, (Customer). Digital Passage and Customer agree that Digital Passage will provide certain Internet access services and that the Customer will pay for those services in accordance with the provisions of this agreement. This agreement supersedes any prior agreements, either written or oral, between Digital Passage and the Customer with respect to Digital Passage access accounts. Digital Passage may revise or modify this agreement (including terms, conditions, and/or prices) at any time without prior notice, and any such revisions or modifications will become effective upon the date of their posting to the Digital Passage website or on the date stated in the agreement, if a date is so stated. If the Customer does not accept the terms of this agreement, the customer must provide Digital Passage (immediately upon receipt of the agreement) with a written request that the account be deactivated. Customer's acceptance of the terms of this agreement is further indicated by the Customer installing the provided software, connecting and logging on to the Digital Passage network, or making a payment for service.
Definitions: A Customer is an individual or business that establishes an account with Digital Passage for the purpose of accessing the Internet via electronic computer interface through the Digital Passage computer network. Unlimited access means there will be no time or usage charges applied to the Customer's account, and does not mean the user has unrestricted use or access. A dial-up account means an account used by one user from a single computer at a time. The dial-up account is used by the Customer to connect to the Digital Passage network from time to time and engage in normal Internet or World Wide Web activities as desired, after which time the user is expected to disconnect. Running Internet servers via a Digital Passage dial-up account is expressly prohibited. A dedicated access account means an account by which the Customer is connected to the Digital Passage network continuously, and no idle time or continuous connection restrictions apply.

1. SERVICES:

1.1. Digital Passage will provide its Customers with access to the Internet as outlined on the Digital Passage website and in its Brochures, Plans, and Pricing literature. These services and the literature describing them are subject to change by Digital Passage without prior notice to the Customer.

1.2. Digital Passage may provide its Customers with certain hardware and software products. In addition, Digital Passage will provide its Customers with access to certain products and services available on the Internet. Digital Passage does not provide a warranty, either expressed or implied, as to the usability of these products or of their fitness for a particular purpose. Any manufacturers' warranty normally provided to the user by the manufacturer of these products will be available to the Customer. Any manufacturers' license agreements or agreements specifying the terms by which the user can use these products will be solely between the Customer and the manufacturer.

1.3. The Customer will have the ability to access numerous sites on the Internet containing a broad variety of documents, images, and items of information. Some of these documents, images, or items of information may be offensive to individual Customers. Digital Passage and the Customer agree that it is the Customer's sole responsibility to monitor the Customer's personal access to these sites, and that the Customer will also be responsible for access to these sites by any minor or adult using the Customer's access account, whether such use of the Customer's account is with or without the Customer's consent.

1.4. Digital Passage's Clean WebSite Policy: Digital Passage prohibits any Customer or other individual from storing on Digital Passage computers any documents, images, or items of information which, in the sole judgment of Digital Passage management, is offensive, pornographic, or would potentially be considered illegal if published within any community.

1.5. The Customer agrees that it will adhere to any laws related to the use of copyrights and trademarks of materials accessed over the Internet or uploaded to sites on the Internet, and the Customer further agrees to adhere to any laws enacted to govern the use of, or access to, the Internet.

2. CUSTOMER USE OF ACCESS ACCOUNTS:

2.1. Each Digital Passage account requires a username and password which is provided to Digital Passage by the Customer at the time the account is established. Digital Passage dial-up accounts are provided to Customers for their individual use. Customers may use this account to access the Internet from any computer or from any location. The Customer may not allow other individuals to use this account and Digital Passage EXPRESSLY PROHIBITS THE CONCURRENT USE OF AN ACCESS ACCOUNT BY MORE THAN ONE INDIVIDUAL OR BUSINESS. In the event this occurs, Digital Passage will log off of the network all concurrent users of the account. Digital Passage management may, at its sole discretion, suspend or terminate any Customer's account if it determines that the Customer is violating any of the terms of this agreement.

2.2. The Customer agrees not to use any programs, devices, or processes via the Digital Passage network for the purpose of accessing computer files, programs, or networks for which it does not have permission to access.

2.3. The Customer agrees not to knowingly upload to any Digital Passage computer or other computers on the Internet any files containing a computer virus. In addition, The Customer agrees that it will not use its access account, or any Digital Passage computer, for the purposes of conducting business or activities prohibited by law.

2.4. The Customer agrees that it will not use its access account, or any Digital Passage computer, for the purposes of conducting business over the Internet unless the account is specifically provided by Digital Passage as a business account designated for such purposes.

2.5. The Customer agrees that it will not make any claim (including attorney's fees) against Digital Passage for the loss from business interrupts resulting from the Customer's use of its access account.

2.6. Digital Passage, at its discretion, can log off of the network any access connection that has been idle for more than 20 minutes. Dial-up account Customer's may not use any program or device intended to simulate line activity, and may not use programs or devices which will automatically reconnect their computer to Digital Passage network when disconnected.

2.7. The Customer is responsible for acquiring a knowledge and understanding of standard Internet practices and behavior. Digital Passage management may, at its sole discretion, suspend or terminate the Customer's account if it determines that the Customer is intentionally violating these practices. These may include but are not limited to unsolicited e-mail/newsgroup spamming, denial of service attacks, and harassment or malicious conduct.

2.8. For purposes of network and modem pool management, and at the discretion of Digital Passage, Basic Rate Customers may be logged off of the network after two hours of continuous access, after which they can log back on at any time. All other dial-up account customers may be logged off of the network after four hours of continuous access, after which time they can log back on at any time.

3. PRICING FOR SERVICES:

3.1. Digital Passage reserves the right to modify its prices or services at any time. Digital Passage will provide notice of any changes to its Customers by E-mail or by posting the notice on the Digital Passage website. It is the responsibility of the Customer to remain abreast of such notices by browsing the appropriate section of the Digital Passage website from time to time.

3.2. Price changes will take effect and will be charged to the Customer in the billing cycle immediately following the month in which the notice is posted to the Digital Passage website.

4. PAYMENT FOR SERVICES:

4.1. All periodic payments for Digital Passage Account services will be made by the Customer in advance. Digital Passage services and billing will commence on the date the Customer submits its sign-up information to Digital Passage.

4.2. Credit Cards: Within the first five business days of each month, Digital Passage will automatically charge each credit card Customer's credit card for the amount the Customer has agreed to pay. Note: The initial charge will occur in the billing cycle following Customer sign-up. It will include the setup charge (if any), the prorated portion of the initial month (based on a 30 day month), and the first full month of service.

4.3. Bank Withdrawals: Within the first five business days of each month, Digital Passage will submit an automatic request to withdraw from each Bank Withdrawal Customer's bank account the amount the Customer has agreed to pay. Note: The initial charge will occur in the billing cycle following Customer sign-up. It will include the setup charge (if any), the prorated portion of the initial month (based on a 30 day month), and the first full month of service.

4.4. Check Customers: With the exception of certain business accounts, Customers paying by check will be billed monthly, in advance. An invoice will be generated in the month preceding the first day of each month, and payment is due in advance for the first day of the month for which the Customer has been invoiced. Initial partial months will be prorated. Payments are not refundable.

4.5. Exceptions: Arrangements for other methods of payment can be made between the Customer and Digital Passage, and are subject to change if Digital Passage deems it necessary.

4.6. Delinquent Accounts: An account is delinquent if payment is not received on its due date as specified in this agreement. Delinquent accounts are subject to a late fee of $10.00. In addition, delinquent accounts will be suspended (meaning access to the Internet via Digital Passage will be denied until all amounts due are paid in full.

4.7. Bad Checks/Insufficient Funds/Credit Denied: If Digital Passage processes a Customer's check or attempts to make an automatic bank withdrawal and the check or withdrawal is refused for insufficient funds, Digital Passage may charge the Customer a processing fee of $25.00. If Digital Passage processes a charge to a Customer's credit card and it is refused for any reason, Digital Passage may charge the Customer a processing fee of $25.00.

4.8. In the event a Customerís account is suspended for any reason, charges to the account will continue to accrue during the suspension period.

5. CANCELING YOUR ACCOUNT:

5.1. A Customer must provide Digital Passage with a written notice of cancellation.

5.2. Credit Card and Bank Withdrawal Customers will make a final payment in the billing cycle immediately following Digital Passage's receipt of the cancellation notice, and service will continue until the end of the final month for which they are billed.

5.3. No refunds of monthly payments will be made.

6. CONFIDENTIALITY AND SECURITY:

6.1. Customers must use confidential usernames, E-mail names, and passwords. It is the Customer's responsibility to keep these confidential. Digital Passage databases containing any Customer information (including usernames, E-mail names, and passwords) are password protected, and access to this information is restricted only to authorized Digital Passage personnel.

6.2. Any information provided by a Customer to Digital Passage is considered confidential and treated accordingly. Digital Passage employs encryption technology where available and applicable. Data files residing on Digital Passage computer network are backed up on a regular basis. Access to this network is password protected and is restricted only to authorized Digital Passage personnel.

6.3. The Digital Passage computer network is physically located in a facility secured by key locks, cipher locks, and a monitored security system . This facility resides in a building where all entries are secured after hours by key locks and/or cipher locks.

Revised (2/20/99)

Any questions or comments related to the terms and conditions of the Digital Passage User Agreement should be directed by E-mail to sales@digitalpassage.com.

See also: Terms of Use

 



© 2000 Digital Passage, Inc. All rights reserved. Terms of Use.