SUNCOAST NETWORKS
Terms and Conditions
Short Version
We will tolerate no abuse of our network.
We will do whatever it takes to protect our network, even if that means blocking your mother, your brother, your sister or anyone else. Don't bother threatening to sue us because of it, just find another provider.
We are not responsible for what our clients display on their websites. Contact them, not us.
If you don't pay for service, you don't get any.
Long Version
General
All account holders must be of the age 18 or over. Accounts
for younger individuals may be obtained with written parental consent.
Suncoast Networks offers Internet related services through its system to its subscribers. Suncoast Networks 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 Suncoast Networks' services and use of its systems. Suncoast Networks may change these terms and conditions in the future upon notice published on-line or otherwise provided by Suncoast Networks. By using Suncoast Networks' services and system, a subscriber agrees to comply with the terms and conditions as published online or otherwise available from Suncoast Networks from time to time. If any change to the terms or conditions, Suncoast Networks' services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Termination and Suspension information stated below. Use of Suncoast Networks' services and systems and the internet in general is at the user's sole risk.
Lawful Use
Suncoast Networks' services and system may only be used for
lawful purposes and consistent with all rights of other parties. Without limiting
the foregoing, Suncoast Networks' 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 Suncoast Networks'
system must comply with the rules for such other networks.
Changes to Service
The services provided by Suncoast Networks are expected
to change from time to time. Suncoast Networks 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,
excessive connections resembling denial of service, and system
hardware and software. Suncoast Networks reserves the right to outsource services
to 3rd party hosting companies at its discretion and without notice. Suncoast
Networks reserves the right to change any service offered or the features of
any service offered through any outsourced hosting companies.
Custom Design
Cost estimates for custom design include three revisions,
stock art included as well as unlimited text and graphics. There will never
be hidden fees or costs that will be applied to any work that is performed by
us or any affiliate or provider we may use. Additional Design and Development
charges are billed at an hourly rate and will be incurred if there are design
changes after the three revisions or if changes occur after the change approval
form has been issued. Addition
unforeseen development charges may occur but will be approved before any work
is ever done. This work
would only be done after a change approval form had been issued to you for additional
design or development work. Suncoast Networks requires 30% down, 40% due
after project completion and the final balance due within thirty days of completion
unless other arrangements are agreed upon in advance.
Payment Terms
A subscriber must pay fees per Suncoast Networks' rate schedule
in effect from time to time as a condition to obtaining access to Suncoast Networks'
services and system. Rate changes will be effective when published on-line or
otherwise provided to subscribers. Payment terms of monthly fees are net 10
days. Payments not made within 30 days of billing date are considered delinquent.
Delinquent accounts are subject to immediate suspension or termination without
notice. A $20.00 fee will be charged for all returned checks.
Termination and Suspension
Either subscriber or Suncoast Networks may, at its sole discretion,
terminate the subscriber's account with or without reason. Suncoast Networks
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. Suncoast Networks may
delete all data, files or other information that is stored in subscriber's account
upon notice of termination.
NOTIFICATION OF A USERS REQUEST TO REMOVE AN ACCOUNT MUST COME VIA US POSTAL MAIL OR EMAIL TO SUNCOAST NETWORKS 30 DAYS BEFORE DEACTIVATION OF ACCOUNT.
Availability and Liability
SUNCOAST NETWORKS PROVIDES NO WARRANTIES OF ANY KIND. UNDER
NO CIRCUMSTANCES SHALL SUNCOAST NETWORKS BE LIABLE FOR SUBSCRIBER'S DATA.
NO WARRANTY, LIMITATION OF LIABILITY USE OF SUNCOAST NETWORKS'
SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. SUNCOAST
NETWORKS DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES SUNCOAST NETWORKS MAKE ANY WARRANTY AS TO THE RESULTS
OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN
GENERAL. SUNCOAST NETWORKS' 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 SUNCOAST NETWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY
OF SUNCOAST NETWORKS TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM,
DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO SUNCOAST NETWORKS' NEGLIGENCE,
SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO SUNCOAST NETWORKS
DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.
Indemnity
The subscriber agrees to indemnify and hold harmless Suncoast
Networks, its directors, officers, shareholders, agents, employees 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.
Non-Transferability
Subscriber's account and right to use Suncoast Networks'
services and system is not transferable without Suncoast Networks' consent.
Subscriber agrees to protect its password and account and to keep them secure
from unauthorized users and use. Accounts are for
single-user use only. If multiple users are detected on an account the account
will be billed at an additional rate. Suncoast Networks
reserves the right to implement technical mechanisms which will block multiple
access.
Suncoast Networks accounts may not be used for resell purposes. Accounts are designed for single person or company use only and will not be used for reselling any services that may be interpreted as competition with Suncoast Networks. Reselling of webpage space, hosting packages, or any services offered by Suncoast Networks is prohibited. Suncoast Networks reserves the right to block access to such accounts or to terminate the subscriber's account.
Confidentiality
Electronic mail and other transmissions passing over the
Internet and through Suncoast Networks' system are not confidential. Accordingly,
Suncoast Networks cannot guarantee the protection or privacy of any information
of any user. Suncoast Networks 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 Suncoast Networks. Suncoast Networks 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.
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 Suncoast Networks. These terms
and conditions shall be governed by and interpreted in accordance with the laws
of the State of Florida without regard to choice of law principles.
Suncoast Networks Policy on Spamming
Suncoast Networks provides users several information
technology related services, including such services as, various
electronic mail (email) packages and services, World Wide Web website hosting
arrangements, and other Internet-related services. It is contrary to Suncoast
Networks policy for any user of any of these services to effect or participate
in any of the following activities through an Suncoast Networks-provided service:
1.To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;
2.To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
3.To send unsolicited mass emailings to more than twenty-five (25) email users, if such unsolicited emailings provoke complaints from the recipients;
4.To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an Suncoast Networks account or remailer, or using an Suncoast Networks account as a maildrop for responses;
5.To falsify user information provided to Suncoast Networks or to other users of the service in connection with use of an Suncoast Networks service.
Suncoast Networks considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Suncoast Networks' terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Suncoast Networks services.
Suncoast Networks Policy on Abuse
Suncoast Networks reserves the right, where feasible, to implement
technical mechanisms which block or discontinue any service
without notice, if said service is deemed to be network abuse or denial
of service.
In addition to these activities, Suncoast Networks' terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Suncoast Networks will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit Suncoast Networks' actions or remedies in any way with respect to any of the foregoing activities, and Suncoast Networks reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Suncoast Networks service, and levying cancellation charges to cover Suncoast Networks' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Suncoast Networks reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.