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Terms of Service

 

Wirefire Internet Services (hereafter referred to as Wirefire) is committed to providing the best possible service to its subscribers. Upon creation of an account, both Wirefire and the Account Holder undertake certain responsibilities and enjoy certain privileges. The most important of these are outlined below. Any comments or suggestions about this agreement should be sent to info@wirefire.com

This Terms of Service (TOS) agreement is intended to protect us, our users, and the Internet. We know these rules may sound harsh or unfriendly; that is an unfortunate side effect of formulating rules which provide any kind of real protection from the ever more ubiquitous Internet abuse.   Many users never experience anything close to the circumstances outlined below, however, we need something in place for the rest of them.   Failure to abide by the TOS may result in immediate termination of your account without refund. Creative attempts to circumvent our rules are similarly unacceptable. We've seen it all, it seems, and we are not amused by it.   We're generally very reasonable friendly people - if you have a problem with these rules, let us know.

Please realize this:
You must accept individual responsibility for your account. We expect that you will adhere to reasonable security standards and not share your password, leave your password laying around in plain text, or otherwise compromise the security of your account. Our accounts are all single user only, and there are very few reasons anyone would need to give out his or her password. If you must share your password with a consultant, then you should change it back to a secure password as soon as the consultant is finished. Feel free to call Technical Support at 800-622-7336, or email support@wirefire.com for help with changing your password. Understand that unless we have reason to believe your account was broken into by means completely out of your control, we have to hold you responsible for policy violations stemming from your account.

Section 1.) General

Wirefire offers Internet access and related services through its system to its subscribers. Wirefire does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These terms and conditions of sale set forth the basic rules, which apply to Wirefire's services and use of its system. Wirefire may change these terms and conditions of sale in the future upon notice published on-line or otherwise provided by Wirefire By using WireFire's services and system, a subscriber agrees to comply with the terms and conditions of sale as published online (see Wirefire Acceptable Use Policy) or otherwise available from Wirefire from time to time. If any change to the terms or conditions of sale, WireFire's services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.

Section 2.) Lawful Use

WireFire's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, WireFire's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.  Use and access to other networks through WireFire's system must comply with the rules for such other networks.

It is unlawful to transmit any material in violation of any United States or state regulations. Such material includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Public Domain material (e.g., text, programs, and images) may be transmitted using Wirefire services. The responsibility for determining whether any material is in the public domain is the Account Holder's. Transmission of copyrighted material (e.g., text, programs, and images) requires the express permission of the copyright holder. The responsibility for obtaining this permission is the Account Holder's. If the Account Holder's use of Wirefire services damages that Account Holder or anyone else the Account Holder will indemnify Wirefire and hold Wirefire harmless from any claims.

Section 3.) Legal Reporting

The Account Holder understands that violation of these Terms and Conditions is unethical and may involve criminal offense. When Wirefire becomes aware of such violations it is obliged to investigate and, should it be necessary, inform and cooperate with the appropriate local, state, and federal authorities in their investigations.

Section 4.) Changes to Service

The services provided by Wirefire and WireFire's system are expected to change from time to time. Wirefire reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.

Section 5.) Payment Terms

Rate Changes
A subscriber must pay fees per WireFire's rate schedule in effect as a condition to obtaining access to WireFire's services and system. From time to time rate changes may occur without prior notice. Rate changes will be effective when published on-line on the Wirefire web site or otherwise provided to subscribers.

Billing Methods
Payment options with Wirefire accounts are the automatic credit/debit card payment, automated checking withdraw program, and monthly invoicing.  

Due Dates
All payments are due on the first of the month. The payment made on the first will be prepaying for that months service. The initial access fee, for the first month of access, will be prorated according to the number of days left in that month and will reflect the first billing cycle.

Delinquent Accounts
Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice and may be subject to a restart fee of $10.00.

Suspended accounts
To reactivate an account, total amount due will include the previously billed account balance, any associated late fees, and the next month’s payment. Accounts will be suspended if a check is returned to us unpaid and will be subject to a $10.00 returned check charge.

Section 6.) Software

As a courtesy to subscribers, Wirefire provides an installation CD ROM and may make available a library of software, which is "shareware" or "freeware".  Wirefire is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software.  WIREFIRE MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. WIREFIRE ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT WIREFIRE MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST WIREFIRE WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH WIREFIRE.

Section 7.) No Warranty; Limitation of Liability

USE OF WIREFIRE'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. WIREFIRE DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WIREFIRE MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. WIREFIRE'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WIREFIRE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF WIREFIRE TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO WIREFIRE'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO WIREFIRE DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.

Wirefire disclaims any warranty of merchantability or fitness for a particular purpose. Wirefire will not be responsible for any damage the Account Holder suffers or any fees, including attorney's fees, the Account Holder incurs. This "damage" includes, but is not limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own operations or the Account Holder's errors or omissions. Use of any information obtained via Wirefire is at the Account Holder's own risk. Wirefire specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Section 7a.) Backing-up your data to prevent loss

Wirefire does not back-up your data automatically, and takes no responsibility for loss due to any event, which may result in the loss of your data and files from our servers. By accepting this agreement you take full responsibility for backing up your data and files stored on our servers and you agree to indemnify Wirefire against any claim made against us as a result of loss of your data or files, or the costs involved with any such claim, you also agree that Wirefire shall not carry any liability for costs arising from any claim made against you for a loss of data.

Section 8.) Indemnity

The subscriber agrees to indemnify and hold harmless Wirefire, its directors, officers, shareholders, agents, employees, affiliates and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account whether or not authorized.

Section 9.) Non-Transferability

Subscriber's account and right to use WireFire's services and system is not transferable without WireFire's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.

Section 10.) Interpretation

These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by an authorized officer of Wirefire These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of West Virginia without regard to choice of law principles.

Section 11.) Services

Wirefire provides services in exchange for the payment of all applicable fees and upon compliance with these Terms and Conditions by the Account Holder. Wirefire services include the following:  An account on the Wirefire computing system. This is defined by a username and a password that the system recognizes. Full access to WireFire's Internet connection. Full maintenance of all Wirefire-owned equipment. Unlimited use of your Wirefire account.  “Unlimited use” does not mean uninterrupted, dedicated access.  Upon 30-minutes of inactivity, or 4 hours of connection time, the system will automatically disconnect the user.  The user can then immediately reconnect for another 4 consecutive hours, barring 30-minutes of inactivity.  These settings are in place to prevent unused or unnecessary connections from tying up our modems.

Section 12.) Account Termination and Suspension

Either subscriber or Wirefire may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Wirefire also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Wirefire may delete all data, files or other information that is stored in subscriber's account upon termination.

Web hosting accounts that are suspended will have their domain or home page link redirected until the account has been brought up to date. When an account is terminated, all mail, files, and directories associated with it are erased. WireFire will not be held responsible for forwarding any e-mail on accounts that have been terminated.

Section 13.) Causes for Account Termination:

Wirefire reserves the right to suspend or terminate any account upon discovery of its involvement in (including but not limited to) the following activities or events with no refund for pre-paid services:

You May Not

1.  Use WireFire's servers as a platform for broadcasting bulk, unsolicited commercial e-mail or Unsolicited Commercial Advertising on WireFire's servers or others.  This will cause automatic termination of member account with no refund.   Wirefire maintains a "ZERO TOLERANCE" policy regarding users that distribute bulk e-mail through our system.  

2.  Send unsolicited mass mailings or unsolicited subscriptions with a "negative option" for continuation. (The negative option is one where you invite people who do not wish to receive further mailings to reply to you.)

3.  Do anything illegal or anything that adversely affects Wirefire legal interests. We recognize that not all users are well versed in the vagaries of local, state, federal, and international law. While some infractions may be due to ignorance on the part of the user, ignorance is not an excuse for breaking the law. Please consult an attorney if you are unsure of the legal status of your activities. Perpetration of unlawful activities will cause immediate termination and may result in legal action.

4.  Share your password with anyone or allow anyone else to use your personal use account except in your immediate presence, nor dial in more than once at a time on your personal account.

5.  Use Wirefire as a platform for gaining unauthorized access to or doing mischief on other systems.

6.  Use anyone else's account or password.

7.  Tamper with other accounts, or commit unauthorized intrusion into any part of WireFire's system or use any of WireFire's machines, files or accounts to intrude without authorization into any other system (cracking). Tampering with or violating the privacy of other account Holder's files.

8.  Customer agrees to not obtain or use any account at any other service provider for the purpose of committing network abuse that is prohibited by these terms of service.

9.  Create or participate in chain letters or pyramid schemes, including the infamous Make Money Fast.

10.  Using free web hosting space for a business web site.

11.  Host, distribute, upload or broadcast adult content (porn), illegally copied programs (warez), or illegally distributed music (MP3s) on any of our servers. 

12.  Distribute, upload or broadcast illegally copied or distributed copy written material.

13.  Run a server through your Wireless or Dialup account.

14.  Run daemons, MUDs, BOTs, or other background processes.

15.  Use WireFire's services not included in your subscription or devise ways to circumvent security so you have access to services you haven't paid for (theft of services).

16.  Unauthorized marketing to Wirefire customers or staff.

17.  Overuse system resources beyond what an account was designed for. Use the system (willfully or negligently) in a manner that encumbers disk space, processors or other system resources so as to interfere with others' normal use of services on WireFire's  or on other systems (a "denial of services" attack).

18.  Run programs such as "keep alive" or any other program intended to circumvent the idle-timeout.

19.  Harass users (on Wirefire or elsewhere). Sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this is harassment. In some cases, a harassing user may be warned against engaging in similar behavior with other users as well. Publishing someone's real-world data (phone number, address, social security number, etc.) in a newsgroup or on the web, etc. in such a way as to cause the person trouble or to incite others to do so (even if you don't do it yourself) is also forbidden. (Establishing that the information you published is available, say, in a phone book somewhere does not constitute a defense of this kind of harassment.)

20.  Spawning excess processes or processes that persist after the Account Holder is no longer connected (including IRC bots).

21.  Reselling accounts or services.

The following rules pertain specifically to newsgroup postings. If you never use newsgroup, they don't apply to you.

1.  Spam the net with commercial or non-commercial postings.

2.  Maliciously or wantonly flood newsgroups.

3.  Post newsgroup articles without either a valid From: or Reply-to: header, as per RFC 822.

4.  Post binaries to a non-binary newsgroup.

More About Spam:

Note: If you have a website on our web server, or if you house part of your website on our server, or if you have a web server of your own connected to our network it is NOT acceptable to spam the 'net with ads for your URL. If we are informed of your so doing, we will inform the postmasters at the site of origin of the spam, assuming it's done from a remote site. If the problem continues, we may revoke your account or server hosting privileges because of it. We do not in any way condone spam of any kind, and we will not accept as customers, users who abuse the Internet in this way.

Also, we reserve the right to terminate your account without refund for other kinds of nontrivial misbehavior, although in our entire history we have never terminated an account for reasons other than those listed here. In all of these matters, decisions by the Wirefire staff are final.

Section 14.) Reselling

Wirefire services are provided for the use of the party agreeing to these terms alone. Resale or use of the Account Holder's privileges and connection with Wirefire by any other person or any other organization is prohibited.

Section 15.) Account Cancellation

The subscriber is responsible for contacting the billing department to cancel an account. On cancellation; accounts will be billed to the end of the present month and no adjustments will be made. If the subscriber had pre-paid beyond the present month, then the remainder beyond that month will be refunded. Promotional months are not refundable. Note: If a subscriber does not formally close their accounts, by contacting the billing department, he/she is responsible for the total accrued balance whether there is usage on the account or not. Accounts not paid will be sent to collection agency and may affect the customer’s credit rating.

Section 16.) Adult Content Notice

Wirefire exercises no control over the content of the information passing through it or stored on it. All Account Holders and especially parents are hereby notified that messages, conversations, and graphical images with sexually explicit and violent content exists on the Internet and consequently might be encountered when using Wirefire services. An Account Holder must either be an adult or, if a minor, have the written consent of that minor's parent or legal guardian to these Terms and Conditions.  

Section 17.) Modification of Terms and Conditions

These published Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Upon notice published in WireFire's on-line documentation and to all Account Holders via e-mail, Wirefire may modify these terms and conditions, amplify them, as well as change or discontinue services offered. Use of Wirefire constitutes acceptance of these Terms and Conditions. If these Terms and Conditions do not meet with the Account Holder's agreement, that Account Holder should contact Wirefire to initiate account closure and the remission of any applicable refund.

Section 18.) Confidentiality

Electronic mail and other transmissions passing over the Internet and through WireFire's system are not confidential. Accordingly, Wirefire cannot guarantee the protection or privacy of any information of any user. Wirefire reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Wirefire Wirefire will not disclose any such information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

Section 19.) Phone Charges

Customers are responsible for any long-distance or toll phone charges accrued.  It is the customers responsibility to make sure that the dial-up access number to Wirefire, whether given directly or indirectly, is a local toll free call.  Wirefire will not be held responsible for any long-distance or toll phone charges accrued.  The local access numbers are entered by the customer.  Therefore, responsibility for choosing the appropriate access number is left to the customer.  If the customer has any questions as to whether an access number is in their local calling area, the customer should contact their local or long-distance telephone provider.

Contact Information:

          Any questions regarding this Terms of Service agreement (or anything else) can be directed to:

          Wirefire Internet Services
          401 Grand Central Ave.
          Suite C
          Vienna, WV  26015
          304-580-8080
          800-372-5588

 

Technical Support
24 - Hour
800-622-7336

Wirefire Internet Service
2613 Dudley Ave Suite A
Parkersburg WV 26101
580-8080 or 800-372-5588

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