TERMS OF SERVICE (TOS)
Internet Operation & Production®, Inc. ("The Company")
agrees to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
Use of Internet Operation & Production®
Service constitutes acceptance and agreement to Internet
Operation & Production®'s AUP
as well as Internet Operation & Production®'s
TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Internet Operation & Production®, Inc. and
AUP (Acceptable Use Policy) The AUP may be changed from
time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in
all respects in accordance with the laws of the state
of Florida, county of Lee applicable to contracts enforceable
in that state. Venue will be Lee County, Florida.
IMPORTANT NOTICE: *All Payments To Internet Operation & Production® Are Non-Refundable*
Disclosure to law enforcement: The AUP
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
Controversial Content: Your connection
to the Internet is private and as a result we cannot control
the nature of the material that you may encounter at some
point. The World Wide Web, Usenet, and IRC chat areas
are electronic virtual communities, which do not censor
the content delivered and/or communicated thru their forums.
With the use of your account on the Internet, you will
have access to and you will at some time or another be
exposed to "free Speech" that you may find offensive.
"Free Speech" may include sexually explicit
pictures and/or documents, pro-religious and anti-religious
debate, racially offensive speech, and may other possibly
graphic and/or offensive documents, pictures, etc. Everyone
Internet, Inc. Expressly disclaims liability for any harm
resulting from encountering such or similar material.
Childsurf: Childsurf is a server side
software product that block known sexually oriented sites
from subscriber access. Company will use best efforts
to obtain & use the most currently available "Cybernot"
list in the service. However, no service or blocking product
can guarantee that 100% of offensive material will be
blocked. Therefore, subscriber specifically agrees to
indemnify and hold harmless the Company and any sales
agent. Under no circumstances will the Company be liable
to Subscriber for any content procured over the internet
thru Companys service.
SPAM (as defined in our AUP) is strictly
prohibited. In fact, Internet Operation & Production
has a ZERO TOLERANCE policy toward SPAM. First violations
of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will
result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative"
penalties, they agree to pay "Research Fees"
not to exceed $175 per hour that Internet Operation &
Production personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
Internet Operation & Production®
operates up to date virus scanning software for yours
and our protection. However IOP clearly expresses that
no guarantee can be given at any point and it is your
responsibility to have up-to-date virus protection software
installed on your computer. We accept no responsibility
for damages a virus does to your computer that may not
be intercepted by our virus scanning system.
Internet Operation & Production® has a Spam filtering
system in place. By default this system is on for all
user accounts (this can be changed by the user). The default
setting provides minimal filtering. The level of filtering
can be changed by the customer at anytime via the members
area of our website. We are not responsible for legitimate
email discarded by our Spam filtering system.
Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time.
The promotional offer of "Just 10 Bucks"™ is
contingent upon Company achieving and maintaining its
cost of service goals including but not limited to rates
charged to company by its suppliers.
Payment Due Date: Checks and ACH Drafts
returned for any reason are subject to a $29.00 returned
item charge. Credit cards that are declined for any reason
are subject to a $10.00 declination fee. Service will
be interrupted on accounts that reach 14 days past due.
Service interrupted for nonpayment is subject to a $10.00
reconnect charge. Accounts not paid by due date are subject
up to a $7.95 late fee. Accounts that are not collectable
by Internet Operation & Production may be turned over
to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay
company a "Processing and Collection" Fee of
not less than $50 nor more than $150. If you desire to
cancel your account, please follow the proper procedure
to do this as outlined in section 14 of the TOS. If you
dispute a charge to your credit card issuer that, in Internet
Operation & Production's sole discretion is valid
under the provisions of the TOS and /or AUP, you agree
to pay Internet Operation & Production an "Administrative
Fee" of not less than $50 and not more than $150.
Payment and Fees: Checks and ACH Drafts
returned for any reason are subject to a $29.00 returned
item charge. Credit cards that are declined for any reason
are subject to a $1.00 declination fee. Service will be
interrupted on accounts that reach 25 days past due. Service
interrupted for nonpayment is subject to a $10.00 reconnect
charge. Accounts not paid by due date are subject up to
a $7.95 late fee. Accounts that are not collectable by
Internet Operation & Production may be turned over
to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay
company a "Processing and Collection" Fee of
not less than $50 nor more than $150. If you desire to
cancel your account, please follow the proper procedure
to do this as outlined in section 14 of the TOS. If you
dispute a charge to your credit card issuer that, in Internet
Operation & Production's sole discretion is valid
under the provisions of the TOS and /or AUP, you agree
to pay Internet Operation & Production an "Administrative
Fee" of not less than $50 and not more than $150.
Refunds and Disputes: All payments to
Internet Operation & Production®, Inc. are non-refundable.
This includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes
must be reported within 60 days of the time the dispute
occurred.
Regulatory Compliance and Reimbursement
Fee: All accounts and services provided by Internet Operation & Production®
are subject to a "Regulatory Compliance and Reimbursement
Fee" of currently 8.25% but subject to change at
the discretion of Internet Operation & Production® management.
This fee is not a Tax and is not accessed by or remitted
to any governmental body. The fee is designed to defray
and re-coop taxes, FCC approved customer line charges,
and non-governmental fees, miscellaneous charges, and
telecom charges assessed by our telecom providers and
is payed to them by Internet Operation & Production.; to re-coop and
defray our internal costs and resources spent in the monitoring
and compliance of Internet Operation & Production and its subscribers
and the company itself of regulations and policies of
the Internet community (SPAM and abuse complaints); and
to defray and re-coop the costs resulting from our compliance
with regulatory burdens, including, but not limited to,
investigation and research at the request of governmental
bodies such as the FBI and responding to requests and
subpoenas from such agencies.
Failure to Pay: The Company may temporarily
deny service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation: For your privacy
and protection, all requests for canceling accounts can
be made by email at support@iop.info or by clicking on
the contact button at www.iop.info .
Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company
and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in
any event exceed an amount equivalent to charges payable
by subscriber for services during the period damages occurred.
In no event shall the company be liable for any special
or consequential damages, loss or injury.
New Domain Accounts: All new web hosting
accounts involving new domains will be set up and entered
into our DNS servers within 3 to 5 business days. Due
to unforeseen complications, however, this process may
sometimes require up to 7 business days. If the new domain
is registered by the account holder, there will be no
handling fee. If the domain is registered by Internet Operation & Production®, Inc. on behalf of the account holder a
handling fee will be incurred. As of February 5th 2001
all virtual domain hosting sites will be handled by RN3.com
(an Internet Operation & Production® Company.) www.RN3.com
Transfer of Domains: New webhosting accounts
which involve the transfer of a website with domain name
from another provider to Internet Operation & Production®,
Inc. will require a minimum of seven (7) days to be set
up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by Internet Operation
& Production®, Inc. on behalf of the account holder
a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all
charges are considered earned. As of February 20th 2002
all virtual domain hosting sites will be handled by RN3.com
(an Internet Operation & Production® Company.)
www.RN3.com
Support Boundaries: Internet Operation
& Production®, provides 24 x 7 technical support
to our subscribers only via email through the iOP support
ticket system at www.IOP.info/contact.htm (except for
few holidays and short company meetings when we close
our center.) We limit our technical support to our area
of expertise.
We do only support hosting/server related issues that
are included in the monthly fee. Other issues like html,
scripting, website functionality may or may not be supported
and additional charges will occure as listed on our price
page www.iop.info/service.htm .
Breach of Provision: A waiver by the
Company of and breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
Subscriber shall not transfer or assign
this Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber.
Privacy Policy: We do not share ANY information
that our customers give us with anyone, except for legitimate
requests by law enforcement officials, PERIOD. No ifs,
ands, or buts, it is very simple and unequivocal.
Where to Direct Questions about
Internet Operation & Production®'s Privacy Policy:
If you have any questions about this Privacy Policy or
practices herein,
you may contact:
Customer Service
Internet Operation & Production®
Malibu Court.
Cape Coral - FL 33904
support@iop.info
www.iop.info/contact.htm
Company reserves right to cancel customers
rights under this contract at anytime without further
obligation.