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 firstname.lastname@example.org
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.
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 email@example.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.
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
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
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
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
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
5.) Payment Terms
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.
Payment options with Wirefire accounts are the automatic credit/debit
card payment, automated checking withdraw program, and monthly
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.
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.
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.
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.
your data to prevent loss
Wirefire does not
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
for a loss of data.
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.
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.
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.
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
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.
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
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
not be held responsible for forwarding any e-mail on accounts that
have been terminated.
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
You May Not
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
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
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
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.
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.
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.
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.
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
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.
19.) Phone Charges
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.
Any questions regarding this Terms of Service agreement (or
anything else) can be directed to:
Wirefire Internet Services
401 Grand Central Ave.