Aristotle Internet Service Provider, hereinafter referred to as Provider, exercises no control whatsoever over the content of the information passing through it.
Provider makes no warranties of any kind, whether expressed or implied, for the service it provides. Provider also makes no warranty of merchantability or fitness for a particular purpose. Aristotle ISP will not be responsible for any damages you may suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by provider's own negligence, your errors or omissions, the errors or omissions of third parties, or an act of God.
LAWFUL USE OF SERVICES.
As an Aristotle customer, you agree that your Aristotle account will not be used for any criminal or unlawful purposes or for the transmission, creation, or storage of any material in violation of any State or Federal laws or regulations, including, but not limited to, any material:
that is in violation of United States Copyright Laws;
that is in violation of United States Trade Secret Laws;
that is in violation of United States Trademark Laws;
that is threatening or obscene; or
that is in violation of the Electronic Communications Privacy Act of 1986, Cit. 18 U.S.C. 2510 et seq.
Residential Dial-up Account - Aristotle offers Residential Dial-up Accounts for a one-time Membership Fee of $12.95. Residential Dial-Up Accounts include 5 email addresses. Residential dial-up users pay only for time online at the rate of 50¢ an hour with a $2.00 monthly minimum charge. Aristotle offers Residential Dial-up customers a $20 Courtesy Cap on extended monthly use up to 120 hours in one billing cycle. Aristotle does not provide an unlimited use plan. Hours logged over 120 hours in one billing cycle are billed at 50¢ an hour.
Corporate Dial-up Account - Aristotle offers a Corporate Dial-up account for a one-time Membership Fee of $12.95 per email address. Corporate dial-up users pay only for time online at the rate of 50¢ an hour with a $2.00 monthly minimum per email address.
Aristotle will charge each account $.50 up to the first hour of use then will charge for exact usage. Aristotle meters all accounts by the second.
Residential Dial-up Email - Aristotle's premier email services are included in Residential Dial-up Account services.
Corporate Dial up Email - Aristotle's premier email services are included in Corporate Dial-up Account services.
Email Only Account
Aristotle provides non-dial-up customers access to Aristotle's premier email services with an Email Only Account for a one-time set-up fee of $12.95 and a $3.00 monthly charge. This account can also serve as a back-up Internet Access dial-up account for occasional users. Dial-up access with an Email Only account is billed at 50¢ an hour.
RESIDENTIAL ACCOUNT INACTIVITY & TERMINATION
Residential Dialup Accounts will be determined Inactive if the account login name has not connected to Provider's server during one billing cycle.
Account Termination. If a Residential Dialup Account remains inactive for 3 consecutive billing cycles, Provider reserves the right to terminate the account without notice.
E-mail Messages. Provider will retain e-mail messages in a Residential Dial-up Account for 60 days. Provider reserves the right to eliminate, without notice, any e-mail messages from your mailbox which are over 60 days old. Provider will not forward e-mail messages not retrieved by customer.
Inactivity Notification. If you know you are going to be unable to dial-up to use your account for a period of time but want to retain your account and your e-mail messages, notify Aristotle and we will keep your account open for you.
Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. Accounts determined to be in default may have their service interrupted until payment is received, and an additional activation fee may be required to re-open the account.
You may cancel your service at any time without penalty by written notice or by electronic mail to Provider, unless contradicted or prohibited by any other agreement between you and Provider.
Provider is not responsible for any fees charged by your telephone company related to your use of Aristotle's dialup services. Any such fees are additional to the per-hour rate charged by Aristotle and are the sole responsibility of the user.
Provider is not responsible for any dialup modem connections that are left connected to Aristotle's dialup service, whether through the fault of the User, the User's telephone company, or any third party.
Provider agrees to use its best efforts to maintain your privacy. Provider will not release information about you to anyone without your specific authorization unless directed to do so by law. However, be advised that any information you give out over the Internet may be regarded as public domain, and Provider does not have the right or power to protect such information.
WEBSAGE 'LIVE' FEATURE
Provider does not monitor WebSage instant messages or other Internet communications except those directed to it. Provider is not responsible for any comment you may read in a WebSage instant message.
We hope you will enjoy the instant messaging and other interactive features of WebSage. If you prefer a more private, uninterrupted experience for you or your family, you can turn off the Broadcast Bar in the "View" menu or just click the "Live" button to turn off the messaging features of WebSage. In the alternative, you can enjoy Aristotle's content and access using Netscape, Internet Explorer, or other browsers that do not have WebSage's interactive messaging capabilities.
PROVIDER PROHIBITS THE SENDING OF CHAIN LETTERS, JUNK MAIL, UNSOLICITED COMMERCIAL E-MAIL OR "SPAM," SOLICITATIONS (COMMERCIAL OR NON-COMMERCIAL) OR ANY USE OF DISTRIBUTION LISTS TO ANY PERSON WHO HAS NOT GIVEN SPECIFIC PERMISSION TO BE INCLUDED IN SUCH A PROCESS. SHOULD YOU USE YOUR ARISTOTLE ACCOUNT TO ENGAGE IN COMMERCIAL SPAMMING BEHAVIOR (WHICH SHALL BE DEEMED TO INCLUDE SOLICITATIONS FOR MONEY OR BUSINESS WHETHER FOR A FOR-PROFIT OR NOT-FOR-PROFIT ENTITY OR CHARITY), ARISTOTLE WILL CHARGE YOUR CREDIT CARD A ONE-TIME SERVER AND BANDWIDTH USAGE FEE OF $250.00. THIS FEE IS ASSESSED FOR THE UNAUTHORIZED USE OF ARISTOTLE RESOURCES, INCLUDING BANDWIDTH, SERVER SPACE, INTELLECTUAL PROPERTY, AND GOOD WILL. BY ENGAGING IN SPAMMING BEHAVIOR, YOU AFFIRM THAT YOU UNDERSTAND THAT THIS CHARGE WILL BE ASSESSED, AND YOU AGREE TO PAY THIS CHARGE. ADDITIONALLY, YOU ACKNOWLEDGE THAT SPAMMING BEHAVIOR INJURES ARISTOTLE'S GOOD WILL AND CAN RESULT IN ARISTOTLE LOSING ITS "WHITE LIST" STATUS.
ANY ACCOUNT THAT IS USED FOR SPAMMING OR FOR ANY OF THE OTHER AFOREMENTIONED BEHAVIORS WILL BE IMMEDIATELY TERMINATED. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING AMOUNTS OWED FOR INTERNET USAGE, AND YOU WILL NOT BE ENTITLED TO ANY REFUND OF MONIES PREVIOUSLY PAID.
THE FOREGOING PENALTIES DO NOT APPLY IF THE SPAMMING IS DUE YOUR COMPUTER BEING COMPROMISED BY A VIRUS OR HACKER.
Provider prohibits interference with other Aristotle customers. This includes, but is not limited to, the following:
Use of profanity or other obscene language on the WebSage messaging system.
Unauthorized use of IRC robots to interfere in private chat rooms.
"Spamming" the Aristotle messaging system in WebSage instant messaging
FAILURE TO COMPLY WITH ANY OF THE ABOVE RESTRICTIONS IS GROUNDS FOR IMMEDIATE TERMINATION WITHOUT NOTICE OF YOUR ARISTOTLE ACCOUNT. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING AMOUNTS OWED FOR INTERNET USAGE, AND YOU WILL NOT BE ENTITLED TO ANY REFUND OF MONIES PREVIOUSLY PAID.
CUSTOMER WEB PAGES RESTRICTIONS
Provider reserves the right to require any customer to modify or remove his or her Customer Web Page for any of the following reasons:
If the Customer Web Page or any of its contents violate the "LAWFUL USE OF SERVICES" as specified in section 3 above;
If the Customer Web Page causes an unacceptable usage of Aristotle's bandwidth or processing power;
If the Customer Web Page includes scripts or programs which are found to contain viruses, "browser traps," or any other process which Aristotle determines not to be in the best interest of itself or its customers;
If the Customer Web Page includes any other content which Aristotle determines not to be in the best interest of itself or its customers;
If the Customer Web Page is for the purpose of conducting a commercial or "for-profit" business or venture; or
If the Customer Web Page contains links to commercial or "for-profit" web pages.
Provider will be the sole determiner of whether a Customer Web Page is in violation of any of the above Web page restrictions.
LIMITATIONS ON EXCESSIVE BANDWIDTH OR DISK UTILIZATION.
Aristotle limits individual and commercial bandwidth to 500 megabytes per month (or 16.67 megabytes per day) and disk utilization to 5 megabytes for personal homepages. Use in excess of these limits is not permitted without specific authorization from Provider.
The total number of bytes transferred from an individual or commercial account's Web space determines bandwidth utilization. The total number of bytes required to store an individual or commercial account's Web data determines disk utilization. Individual account's disk utilization is further limited to the individual's non-commercial web page. No other disk utilization, such as general file storage, is allowed without specific authorization from Provider.
In the event Provider determines that any account is exceeding the bandwidth or disk utilization limits, Provider may:
require that the account be modified to conform with bandwidth and disk utilization limits;
require that Provider be paid an adjusted fee appropriate to the bandwidth and/or disk utilization;
or take immediate unilateral action if Provider determines that the excessive utilization is adversely affecting Provider's ability to provide service to other clients.
Any access to other networks through Provider must comply with the rules appropriate for that network.
Use of any information obtained via Provider is at your own risk. Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.
CHOICE OF FORUM
Any litigation between User and Provider arising from or pertaining to the use of any services or software provided by Provider, to any advertising associated with those services and/or on Provider's website, and/or to any hyperlink reachable through Provider's website or through which Provider's website can be reached shall be determined under the laws of the State of Arkansas in a Federal or State Court located in the State of Arkansas, without regard to conflict of laws principles.