Before you begin to use any of Hades Data Services service as a client, you ("you", "your", "yourself", "client" and/or "subscriber") must review the following terms and conditions of Hades Data Services LLC ("HDS"). These terms and conditions explain HDS's obligations to you, and explain your obligations to HDS when you use the Client Services and will constitute a binding contract between you and HDS. HDS is providing you with the Client Services in consideration of your agreement to abide by these terms and conditions.
2003-May-14: None at this time. Initial document.
To make your use of the Client
Service as enjoyable and effective as
possible, HDS has developed HDS's Online
Policies, which appear at the end of this
Agreement and will continue to be refined
and revised over time. You agree to abide
by HDS's Online Policies and agree that
those policies are incorporated into this
Agreement by reference. Please take the time
to familiarize yourself with those policies.
Current account charges, including
billing methods, rates, fees, penalties, and
surcharges for using the client Services,
may be found in HDS's Online Policies, and
in the Prices page. The link to the Prices
page may be found in the column to the left.
You agree that HDS may: (a) revise
the terms and conditions of this Agreement
(including HDS's Online Policies); (b)
revise its billing rates, fees, penalties
and account surcharges; and (c) modify the
services provided under this Agreement
at any time. Any such revisions and
modifications shall be binding and effective
immediately on posting the revised Agreement
on HDS home page, or on notification to you
by e-mail to your HDS e-mail address or
United States mail.
You agree to review the Agreement
(including HDS's Online Policies)
periodically to be aware of any such
revisions. If any revision to this Agreement
is unacceptable to you, you may terminate
this Agreement at any time by providing HDS
with written notice by United States mail,
or by contacting HDS customer service via
phone or email. Notice of your termination
will be effective on receipt by HDS.
You agree that, by continuing to
use the Client Service following notice of
any revision to the Agreement (including
HDS's Online Policies), you accept any such
revisions and agree to abide by any such
revisions.
HDS reserves the right to distribute
informative e-mails to its subscribers on
an ad hoc basis that it feels is pertinent
to the quality of its service. These
announcements may include information about
revisions to this Agreement (including HDS's
Online Policies) and/or modifications to the
services provided under this Agreement or
other information about HDS's services.
You agree to provide HDS with
accurate, complete registration information,
to promptly notify HDS of any changes
in such information, and to verify such
information as HDS may request. If you do
not provide HDS with accurate registration
information, you are not authorized to use
the Client Service and your account may be
terminated immediately.
YOU AGREE THAT BY USING THE ACCESS
SERVICE YOU REPRESENT THAT YOU ARE AT LEAST
EIGHTEEN YEARS OLD (OR OTHERWISE OF LEGAL
MAJORITY IN YOUR CIRCUMSTANCE) AND THAT
YOU ARE LEGALLY ABLE TO ENTER INTO THIS
AGREEMENT.
HDS Client Service will provide you
with: (a) unlimited connectivity for your
site and/or other services to the Internet
through HDS; (b) free customer technical
phone support not otherwise billable as
"consulting services" or other services HDS
deems billable. "Unlimited connectivity" is
defined as "flat-rate (i.e. non-metered)
access to the Internet via HDS."
The Internet is an international
computer network. The Internet is not
owned, operated, or managed by, or in
any way affiliated with HDS or any of
HDS's affiliates. HDS cannot and does not
guarantee that the Client Service will
provide Internet access that is sufficient
to meet your needs. You agree that your use
of the Access Service and the Internet is
solely at your own risk and is subject to
all applicable local, state, national and
international laws and regulations.
You agree that HDS retains the right,
but not the obligation, to restrict or
terminate your Client Service at any time,
if HDS, in its sole discretion, determines
that you are in violation of this Agreement
and/or HDS's Online Policies. You agree
that, if HDS determines that you are in
violation of this Agreement, any restriction
or termination of your Client Service will
be effective immediately, without prior
notice. You agree that HDS will have no
liability to you for any restriction or
termination of your Client Service pursuant
to such violation.
YOU AGREE THAT IF HDS TERMINATES YOUR
CLIENT ACCOUNT AS A RESULT OF YOUR VIOLATION
OF THIS AGREEMENT OR HDS'S ONLINE POLICIES,
YOU FORFEIT ANY RIGHT TO A REFUND OF ANY
PREPAID ACCOUNT CHARGES, SUCH FORFEITURE
BEING AGREED TO BY YOU AND HDS AS LIQUIDATED
DAMAGES AND NOT AS A PENALTY. You further
agree that HDS is under no obligation to
forward any email for an account canceled
due to a violation. HDS reserves the right
to refuse the application or reapplication
of anyone whose account has been canceled
for a violation, or anyone whom HDS suspects
is acting on behalf of someone whose account
has been canceled for a violation. HDS
reserves the right to cancel or suspend all
other accounts belonging to you if one of
your accounts was involved in a violation.
HDS reserves the right to disable
and/or temporarily suspend an account from
HDS service without warning if in HDS's sole
discretion there is a reasonable suspicion
that such disconnection or suspension would
prevent or interrupt a violation of this
Agreement or HDS's Online Policies.
Subject to the provision of the
Digital Millennium Copyright Act and any
other applicable laws and regulations, HDS
reserves the right to remove or block access
to, either permanently or temporarily,
any files which HDS suspects or which a
third party alleges are associated with a
violation of the law, this Agreement or
HDS s Online Policies or with the account
responsible for such violation. This
includes but is not limited to blocking
access to Usenet news articles.
HDS reserves the right to refuse
connectivity, hosting, and other similar
services and procedures to any user who owns
or operates an open mail relay, relaying
"formmail" cgi or other script, tool, or
daemon.
Further, you agree not to use HDS Client
Service in any manner to make use of any
SMTP service to which you are not authorized
to use.
HDS reserves the right to remove,
either permanently or temporarily, any
e-mail that has been left on HDS servers for
a period of 45 days or more.
You are responsible for obtaining and
maintaining any communications equipment
or Internet connectivity necessary
to connect to HDS, including modems,
computer hardware and software, and long
distance or local telephone service. You
are responsible for ensuring that such
equipment or service is compatible with
HDS's requirements. In addition, you are
responsible for maintaining the security
of your account, password, files, network
and user access, and any information you
disseminate through HDS services or other
Internet services, and for all use of your
account with or without your knowledge or
consent, including, without limitation, any
use of your account by minors.
You acknowledge that the use of
Client Services may require changes in
the software, hardware, or Internet
connectivity, and that HDS has no obligation
to provide assistance. Further, operational
changes to HDS may require changes to the
software, hardware, or Internet connectivity
used to connect to HDS, and that HDS has no
obligation to provide assistance.
By using the Client Service you agree
that neither HDS nor its affiliates shall
be held responsible or liable, directly
or indirectly, for any loss, liability or
damage of any nature caused, or alleged
to have been caused, by your use of, or
reliance on, any content, goods, or services
available on or through the Client Service.
Theft of Service You
acknowledge that the right to the use of,
and any benefits that may be derived from,
the Client Service is personal to you
and is being provided by HDS as partial
consideration of your agreement to pay the
charges applicable to your account. You
acknowledge that any unauthorized receipt
of the Client Service constitutes theft of
service, which is a violation of Federal law
and can result in both civil and criminal
penalties. HDS will prosecute violations to
the fullest extent of the law.
As a matter of policy, HDS does not
pre-screen Content placed on HDS computer
servers by any of its subscribers. Moreover,
HDS does not have the practical ability
to monitor, review, or restrict access
to Content on HDS servers prior to
its transmission or to monitor all
communications between parties. The Internet
also provides access to individuals
and organizations who are not HDS
subscribers. HDS does not have the
capability to monitor, review, or restrict
any Content made available by third parties
on the Internet, to edit or remove any
Content that is not on HDS's own servers,
nor to monitor all communications between
parties. You agree that you shall be
responsible for and bear all risk associated
with the accuracy, completeness, reliability
or usefulness of any Content available to
you on or through the Client Service and
for all your communication on the Client
Service.
You agree that notwithstanding
anything herein to the contrary, HDS has the
right, but not the obligation, to remove
Content from HDS computer servers which HDS,
in its sole discretion, determines to be in
violation of this Agreement or HDS's Online
Policies.
You acknowledge that you may
receive or be exposed to Content, goods or
services which you consider to be improper,
inaccurate, misleading, defamatory, obscene
or otherwise offensive. You agree that
HDS will not be liable for any action or
inaction with respect to any such Content
posted on or through the Client Service and
the Internet.
The Client Service provides access
to Content that is protected by copyrights,
trademarks, and other intellectual property
rights ("Rights") of various third parties.
You agree that your use of Content
shall be governed by all applicable laws
and regulations, and by the specific
restrictions placed on such Content by the
owners or licensors of the Rights in such
Content.
You agree not to upload, download,
display, perform, transmit or otherwise
distribute on or through the Access Service
any material (including, without limitation,
any Content to which you have access through
the Access Service) that is subject to
another party's Rights, without that party's
express permission or unless otherwise
authorized by law. You acknowledge and agree
that any such unauthorized conduct: (a) may
result in termination of this Agreement,
and; (b) may expose you to civil or criminal
liability. WITHOUT LIMITING THE FOREGOING
IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT
HDS SHALL HAVE THE RIGHT, IN APPROPRIATE
CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE
YOUR ACCESS SERVICE IF YOU REPEATEDLY ENGAGE
IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR
OTHER VIOLATIONS OF THE RIGHTS OF THIRD
PARTIES.
You agree that by posting or
transmitting or otherwise distributing
material to any public area (such as public
chat rooms, message boards, newsgroups,
webspace or software libraries), you are
requesting and authorizing HDS to make
that material available to other Internet
users and that such access will result in
copies of such material being transmitted to
others. To the extent that such material is
subject to any Rights of yours or a third
party, you automatically (a) grant, and/or
represent that owner of any such material
has expressly authorized you to grant, HDS
a royalty-free, perpetual, irrevocable,
non-exclusive, world-wide, right and
license to reproduce, publish, distribute,
perform and display such material (in whole
or in part), or (b) represent that the
publication, distribution, performance and
display of such material (in whole or in
part) by HDS, is otherwise authorized by
law.
With respect to any material stored
on an HDS system at your direction, you
acknowledge and agree that in the event
that HDS receives appropriate notice that
such material infringes the Rights of
a third party, has actual knowledge of
such infringement, or is aware of facts
or circumstances from which infringement
is apparent, HDS shall have the right
immediately to remove or block access to
such material. Under such circumstances,
however, you shall have the right to notify
HDS that such material has been removed or
access denied as a result of a mistake or
misidentification of the material. HDS's
policy with respect to such notices is
explained in more detail in HDS's Online
Policies. You also acknowledge and agree
that, under appropriate circumstances, HDS
shall have the right to remove or block
your access to allegedly infringing Content
provided by third parties.
Your use of the Client Service gives
you limited rights to use the software
available on the Client Service. HDS grants
you a non-exclusive, non-transferable,
revocable, limited license or sublicense
to use the Client Service Software solely
for the purpose of using the Client Service
in accordance with this Agreement. Upon
the termination of this Agreement for any
reason, your license or sublicense to
use such Client Service Software shall
automatically terminate.
You agree not to copy, modify, adapt,
reproduce, translate, distribute, reverse
engineer, decompile, or disassemble any
Content or any aspect of the Access Service
that is owned by or in which HDS or its
licensors have Rights, including, without
limitation, the Access Service Software.
You agree that you will utilize such
file and/or web space ("disk space") as
may be allocated to you. HDS will allocate
up to 100 MB (one hundred megabytes) of
disk space without additional charge. HDS
may charge you its prevailing rate for any
additional disk space that HDS provides to
you. HDS reserves the right to monitor your
disk space usage and enforce disk space use
restrictions, which may include, but may
not be limited to, the deletion of files
and other materials that utilize disk space
exceeding your disk space allocation.
YOU AGREE THAT YOUR USE OF THE CLIENT
SERVICE, THE CLIENT SERVICE SOFTWARE, AND
THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU
AGREE THAT THE CLIENT SERVICE AND THE CLIENT
SERVICE SOFTWARE IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS
SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION.
EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE EXPRESSLY PROHIBITED BY
LAW, HDS DISCLAIMS ANY AND ALL LOSS, DAMAGE
OR LIABILITY ARISING OUT OF OR RELATING TO
YOUR USE OF THE CLIENT SERVICE, INCLUDING,
BUT NOT LIMITED TO, ANY LOSS, DAMAGE
OR LIABILITY RELATING TO: (A) LOSS OR
CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE
TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS
OR ACCESS INTERRUPTIONS; (D) COMPUTER
VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY
OF DATA; (F) THE NEGLIGENT ACTS AND/OR
OMISSIONS OF HDS OR HDS SUBSCRIBERS; (G) ANY
DEFECTS, FAILURES, ERRORS, OMISSIONS, OR
MISSTATEMENTS IN ANY AND ALL INFORMATION,
GOODS, OR SERVICES OBTAINED ON OR THROUGH
THE CLIENT SERVICE, (H) ANY FAILURE OF
CLIENT SERVICE SOFTWARE TO BE YEAR 2000
COMPLIANT; AND; (I) LOSS OR LIABILITY
RESULTING FROM ACTS BEYOND HDS'S CONTROL.
You agree that HDS's entire
liability, and your exclusive remedy, with
respect to your use of the Client Service,
your use of the Client Service Software,
and any breach of this Agreement is solely
limited to the amount you paid to use the
Client Service. Because some states do
not allow the exclusion or limitation of
liability for consequential or incidental
damages, in such states, HDS's liability is
limited to the extent permitted by law
You may not rely on oral or written
information or advice given by HDS's
officers, directors, employees, agents,
authorized representatives, sub-contractors
or affiliates and/or their officers,
directors, employees, agents, authorized
representatives, or sub-contractors or
affiliates to create a warranty or increase
the scope of warranty already established
in these terms and conditions. Your rights
and HDS's responsibilities are limited to
the warranties that are expressed in these
written terms and conditions that have been
established by HDS to govern the use of the
Client Service.
You agree to defend, release,
indemnify, and hold HDS, its affiliated
companies and licensors, and its and their
respective officers, directors, employees,
agents, authorized representatives,
and sub-contractors harmless from all
liabilities, claims and expenses, including
without limitation reasonable attorneys
fees, arising from breach of the Agreement
by use of, or in connection with the posting
or transmission of any Content or other
material by or through your account on the
Client Service.
You agree that HDS has the right,
but not the obligation, at its own expense,
to assume the exclusive defense and
control of any matter otherwise subject to
indemnification by you pursuant to Paragraph
1 of this section. In such event, you shall
have no further obligations pursuant to
Paragraph 1 of this section.
You agree that, notwithstanding
anything herein to the contrary, you or HDS
may terminate this Agreement for any reason
at any time.
You agree that your only right with
respect to any dissatisfaction with (a) any
agreement term, policy, or practice of HDS
in operating the Client Service, (b) any
Content available on or through the Client
Service or change therein, or (c) amount or
type of fees or billing methods, or change
therein, is to terminate this Agreement as
set forth in Paragraph 1 of this section.
You agree that HDS has the right, but
not the obligation, to delete all program,
data, or other files on HDS computer servers
that are associated with your account at the
time of termination.
Only the person whose name is on
the account shall have the right to change
the user id(s) and/or password(s) for
the account, and/or cancel an existing
account. Some restrictions may apply to your
selection of user id.
The following fees and
charges are non-refundable: Web and
Publishing/Development Fees, Domain
registration fees, Consultation Fees,
Program/Script Development Fees, fees or
payments made to other parties on your
behalf, payments for any commissioned
work, and charges for uncompleted portions
of contracted service.
The following fees and charges are
fully refundable: Charges for service
contract periods that have not begun.
You agree that, absent Special
Contracts, this Agreement and HDS's Online
Policies (which are incorporated by
reference) comprise the entire understanding
between HDS and you, and supersede any prior
agreements or correspondence between you and
HDS and/or any postings or other notices
from HDS with respect to the subject matter
of this Agreement.
You agree that, if any portion of
this Agreement (including HDS's Online
Policies) is held invalid or unenforceable,
that portion will be construed consistent
with applicable law as nearly as possible
to reflect the original intentions of the
parties, and the remaining portions will
remain in full force and effect.
The Agreement will be governed
by the laws of the State of Wisconsin,
excluding its conflicts of law rules. You
and HDS each submit to the exclusive subject
matter jurisdiction, personal jurisdiction,
and venue of the courts of the State of
Wisconsin and the federal courts located in
the State of Wisconsin.
HDS's dedication to customer service means
that HDS strives to maintain an Internet Client
Service ("Client Service") that provides HDS
customers with an enjoyable Internet experience,
and an experience that is free from interference by
persons who use the Client Service in an improper
or unlawful manner. HDS's Online Policies address
frequently asked questions regarding proper online
conduct. These policies include information on: HDS
Account Charges; the content of the material that
you may find on or through the Client Service; goods
and services available online through the Client
Service; and procedures for reporting complaints
regarding a person's online conduct.
HDS's Online Policies, including the following
list of Prohibited/Abusive Activities, are part of
your subscriber agreement. Please note that if you
engage in any such activities, HDS may suspend or
terminate your account.
As explained in your subscriber agreement,
your use of HDS Internet Client Service must be
governed by all applicable laws and regulations,
including all applicable local, state, national,
and international laws and regulations. In addition
to other applicable laws, this includes all laws
relating to copyright, trademark, trade secrets,
obscenity, defamation, rights of privacy and
publicity, false advertising, and fraud.
In addition to such laws and regulations, when
using the Client Service you must use your best
efforts to avoid interfering with any other person's
use and enjoyment of the Client Service. You must
also ensure that your use of the Client Service
is governed by generally accepted rules of proper
Internet conduct.
Please use your best judgment, be respectful
of other subscribers, and take the time to review
the activities listed below. These activities are
not proper Internet conduct and are prohibited
activities on the Client Service. Following these
rules will ensure that everyone has an enjoyable
Client Service experience.
For purposes of the Prohibited/Abusive
Activities, the term "content" means information
or material of any type capable of being posted
or transmitted on or through the Client Service,
including material in print, graphic, pictorial
audio, or audio-visual form.
When using the Access Service:
HDS Client Service provides access to
information, communications, software, photos,
video, graphics, music, sounds, services and
other material located both on HDS computer
servers and on the Internet ("Content"). You
should be aware that the Internet contains
Content, goods and services that you may find
improper, inaccurate, misleading, defamatory,
obscene or otherwise offensive. Such Content may
not be appropriate for you or for any minors
who may be accessing the Internet through your
account.
As a matter of policy, HDS does not
pre-screen Content placed on HDS computer
servers by any of its subscribers. Moreover, HDS
does not have the practical ability to monitor,
review, or restrict access to Content on HDS
servers prior to its transmission or to monitor
all communications between parties. Thus, there
may be Content on HDS servers which may violate
HDS rules, and you may receive offensive and
unsolicited Content that HDS cannot control.
HDS retains the right to remove Content
from HDS servers that violates its subscriber
agreement (including these On-Line Policies). In
particular, HDS reserves the right to remove
or block access to material if it receives
appropriate notice that such material infringes
the proprietary rights of a third party, has
actual knowledge of such infringement, or is
aware of facts or circumstances from which
infringement is apparent. However, the Client
Service provides access to users who are not a
part of HDS Client Service and HDS does not have
the capability to monitor, review, remove or
restrict access to any Content made available by
third parties on the Internet.
Accordingly, HDS cannot be responsible for
any conduct, Content, goods, and services
available on or through the Client Service. HDS
suggests that concerned parents consider
using one of the commercially available
software programs capable of restricting
access to sexually explicit material on
the Internet. However, no parental control
software is perfect. Your use of such software
is solely at your own risk. HDS makes no
warranties or representations as to the
accuracy, completeness, or usefulness of any
parental control software or service.
HDS intends to respect its subscribers.
privacy and will not randomly monitor or
disclose the contents of private e-mail or
private chat room communications. However,
you agree that HDS has the right, but not the
obligation, to monitor or disclose the contents
of private communication, if HDS, in its sole
discretion, reasonably believes that such action
is necessary: (a) to comply with applicable
law or valid legal process; (b) to protect HDS
rights or property; or (c) in emergencies when a
person's physical safety is at issue.
As a measure of this intent, HDS provides
all users access to Gnu Privacy Guard (GPG),
a public-key encryption package. You are
encouraged to make use of this program where it
may be appropriate for you to do so. Please see
the online documentation files for information
about using this package.
In addition, HDS reserves the right under
appropriate circumstances to disclose the
identity of a subscriber to third parties in
response to a valid legal subpoena and to
otherwise cooperate with legitimate police
inquiries and lawful civil proceedings.
HDS does not control or take responsibility
for any Content, goods, or services which
independent third parties may available on
or through the Client Service. Subscribers
may receive blind opportunity advertisements,
pyramid schemes, and other "get rich quick"
schemes on or through the Client Service. These
should be avoided or approached with ample
skepticism. Please remember that HDS does
not endorse, warrant, or guarantee the
accuracy, completeness, usefulness, quality,
or availability of any such Content, goods, or
services, and your use thereof is solely at your
own risk.
You should use your best judgment and
exercise caution when purchasing a product or
service through the Client Service. HDS will not
be a party to, or in any way be responsible for,
monitoring any purchases or other transactions
between you and any other persons providing
Content, goods, or services on or through the
Client Service. HDS assumes no responsibility
for any such transactions and will not mediate
disputes relating to such transactions. HDS
disclaims any responsibility for any such
transactions even where the Client Service
features or displays a link with a particular
World Wide Web site.
Your monthly account charges are payable in
advance. If you terminate your account, you
will receive a prorated refund for any access
time credited to your account, less applicable
termination fee. However, if your account is
terminated by HDS because of violations of
HDS's subscriber agreement (including these
Online Policies), you will not be entitled to a
prorated refund, such forfeiture being agreed to
you and HDS as liquidated damages and not as a
penalty and you may be subject to a termination
fee.
You are responsible for all activities and
charges associated with your account. If any
unauthorized charges are made on or through your
account, you are responsible for such charges
until you notify HDS of a breach of security by
calling HDS at 1-608-345-8784 and change your
password. Please be advised that the contact
person or listed owner of the HDS Internet
Account is solely responsible for activities
conducted through, on or with their HDS Internet
Account, including activities by other persons
(including minors) whether or not authorized by
such contact person or listed owner. If you,
or someone to whom you have given access to
your account, violates the HDS Internet Client
Agreement, your account may be terminated.
If you pay by credit card, you expressly
authorize HDS to charge the credit card account
number associated with your Account for any
Client Service charges that accrue from month
to month, biannually, annually, or any other
subscription term. You reauthorize HDS to
charge your designated credit card account
each time you use the Client Service. This
authorization will remain valid until you
terminate your authorization in writing. HDS may
immediately terminate your account, in HDS's
sole discretion, for declined credit cards,
returned checks, or any other non-payment of
account charges.
A billing cycle will begin on the date you
purchase the Client Service and will continue
for one month from that date. A new billing
cycle will begin on the anniversary date of the
day of the month on which you purchased the
Client Service.
If you pay other than by credit card, your
account charges are due on your receipt of an
invoice, and payment of your account charges
must be received by HDS prior to the first
day of each billing cycle. Only accounts with
monthly invoices of more than $50.00 can be
invoiced. Your account will be considered to be
in default if payment of your account charges
is not received within thirty (30) days after
the date of your invoice. If your accounts is
still unpaid sixty (60) days after the date of
your invoice, you may have your Client Service
interrupted or terminated.
If any instrument received in payment is
returned to HDS unpaid, your account will be
considered to be in default, and in addition
to the amount due, you will be subject to a
returned check charge of $25.00. If your account
is canceled or interrupted for non-payment,
you must continue to pay your monthly account
charges. Only your written request to terminate
your account will relieve you of your obligation
to pay your monthly account charges.
If your account is in default, you are
subject to an interest charge of 1.5 percent
per month, or the maximum allowable rate under
state law. If you default on your account,
you agree to pay HDS its reasonable expenses,
including attorneys. fees and collection agency
fees, incurred in enforcing HDS rights under HDS
Client Agreement.
HDS's dedication to customer service means
that HDS takes seriously and attempts to respond
to all complaints about its subscribers. use of
the Internet. This means complaints by both HDS
subscribers and complaints by other Internet
users. HDS believes that its customers should be
able to enjoy full use of the Internet without
interference by persons who use the Internet in
an improper or unlawful manner.
HDS will follow the Complaint Response
Procedures described below to respond to
complaints from subscribers and others about HDS
subscribers.
HDS will respond to any complaint
that involves online activities that are
Prohibited/Abusive Activities. In particular,
HDS will respond to complaints that material
stored on its system at the direction of one of
its subscribers or for system caching purposes
or to which HDS provides a link or other
reference infringes another person's copyright
as provided for in the Digital Millennium
Copyright Act (a "Copyright Complaint") or
otherwise violates the criminal or civil laws
of the United States, the several states or a
foreign country.
Complaints may be submitted by e-mail
(abuse@ninehells.com),
or postal mail.
E-mail with full header
information provides all of the above
criteria. Syslog files usually provide
all but (4). Other situations will
require different methods of providing
the above.
If a complaining party wishes to make
a Copyright Complaint, it should submit
the following information:
If HDS receives a Copyright Complaint
containing the information specified
above, it shall promptly remove or block
access to such materials.
However, if the complaint arises
out of a claim that the infringing
material was stored on HDS's system at
the direction of one of its subscribers,
HDS shall attempt to notify the relevant
HDS subscriber of the action taken. If
the subscriber believes in good faith
that the material was removed or access
blocked as a result of a mistake or
misidentification, that subscriber
may send a counter notice to HDS's
agent. Such counter notice should
include the following:
Upon receipt of such an appropriate
counter notice, HDS shall promptly
replace the removed material and/or
cease disabling access to it unless HDS
first receives appropriate notice from
the complaining party that it has filed
a law suit seeking a court order to
restrain the subscriber from engaging in
the allegedly infringing activity.
Please note that any person who knowingly
misrepresents to HDS that material is infringing
shall be liable to HDS and/or the alleged
infringer for any damages (including costs and
attorneys' fees) suffered or incurred by HDS
and/or the alleged infringer as a result of
HDS's relying on such misrepresentation and
removing or disabling access to such material.
Similarly, any person who knowingly
misrepresents to HDS that the material was
removed or access blocked by mistake or
misidentification shall be liable to HDS
and/or the copyright owner or its authorized
licensee for any damages (including costs and
attorneys. fees) suffered or incurred by HDS
and/or the copyright owner or its authorized
licensee as a result of HDS's relying on such
misrepresentation and replacing such removed or
blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE
POLICIES, YOU CAN CALL HDS CUSTOMER SERVICE
DEPARTMENT AT 608-345-8784.
Legal Statement and Agreement
Terms of Access Agreement
Registration Information
HDS Client Service
Content of Communications
Copyright and Other Rights
Rights in HDS Client Service Software and Other Material
NO WARRANTY
Indemnification
Termination
Miscellaneous
Acceptance By User
HDS's Online Policies
PROHIBITED / ABUSIVE ACTIVITIES
CONTENT OF ONLINE MATERIAL
PRIVACY OF COMMUNICATIONS
ONLINE GOODS AND SERVICES
ACCOUNT CHARGES
COMPLAINT RESPONSE PROCEDURES
How to Submit a Complaint
Liability for Misrepresentations