Pulsar Communications - Terms of Use

Terms and Conditions

Pulsar Communications, a California Corporation ("Company") is a Internet access and Internet related services company. Services provided by Company are subject to the terms and conditions of this member agreement ("Agreement"). This Agreement constitutes the entire agreement between you as an authorized user of Company ("you" or "Member"). By using Company, you confirm your acceptance of, and agree to be bound by, this Agreement.

The Company Member Agreement and Acceptable Use Policy has been formulated with the following goals in mind:

Ensure security, reliability and privacy of Company systems and network, and the networks and systems of others
Avoid situations that may cause Company to incur civil liability
Preserve the value of Internet resources as a conduit for free expression
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
Preserve the privacy and security of individual users

1. Company Usage.

1.1 You may send and receive electronic mail ("Email"), engage in conferences and chats, download and upload files and otherwise use Company as permitted by this Agreement, Company’s policies and applicable law. Company policies relating to online conduct, storage and deletion of Email and uploaded files, conferences, and other matters are available online. Company reserves the right in its sole discretion to change Companies policies at any time.

1.2 You are responsible for your communications via Company. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via Company; (b) use Company to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) use Company in a manner that adversely affects the availability of its resources to other Members; (g) send Email to Members for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Members (except as otherwise expressly permitted by Company); (h) act, or fail to act, in your use of Company, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership.

1.3 You agree to (a) maintain all equipment required for your access to and use of Company; (b) maintain the security of your Member identification, password and other confidential information relating to your Company account; and (c) be responsible for all charges resulting from use of your Company account, including unauthorized use prior to your notifying Company of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your Company account is available; (d) Member is responsible for the condition of the wireless equipment including radio, antenna, cables and wiring, and will reimburse any damages to the equipment regardless of source/cause of damage.

1.4 Company may terminate your Company membership at any time, with or without cause, upon notice. Company also reserves the right to terminate or suspend your Company membership without prior notice, but Company will confirm such termination or suspension by subsequent notice.

1.5 System abuse is strictly prohibited. Company may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. Following is a list of actions which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to Company for evaluation.

Actions which constitute system abuse include, but are not limited to:

attempting to circumvent user authentication or security of any host, network, or account on Company systems or the Internet at large;
attempting, in any way, to interfere with or deny service to any user or any host on Company systems or the Internet;
forging email or USENET posting header information;
sending large numbers of unsolicited mail messages (i.e. "junk mail"); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee;
forwarding or posting "chain letters" (multiple forwarding) of any type;
posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose;
attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own;
engaging in harassment, whether through language, frequency, or size of messages;
using an account at another provider to promote Companies Web site in an abusive manner;
using a Company account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider;
reselling Company services to third parties who do not abide by these guidelines.

1.6 Pulsar Residential Service is designed for personal and family use within a single household. You agree that you will not use, nor allow others to use, Pulsar Residential Service to operate any type of business or commercial enterprise. You may not resell or distribute Pulsar Residential Service outside your household. You agree that you will not use, nor allow others to use, your home computer as a Web Server, FTP Server, file server, music server, game server, peer-to-peer programs or to run any other server applications. You agree to remove worms, virus, spyware or trojan horses that may cause network problems. Any violation of these policies may lead to termination of your service.

1.7 Pulsar Business Service is designed for normal business operations. You may not resell or distribute Pulsar Business Service outside of your business. You agree that you will not use, nor allow others to use, game servers, music servers, or peer to peer applications that consume excessive amounts of bandwidth. You agree to remove worms, virus, spyware or trojan horses that may cause network problems. Any violation of these policies may lead to termination of your service.

2. Operation. Company reserves complete and sole discretion with respect to the operation of Company. Company may withdraw, suspend or discontinue any functionality or feature of Company.

3. Member Representations. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use Company in accordance with this Agreement. You agree to be financially responsible for your use of Company (as well as for use of your account by others) and to comply with your responsibilities and obligations as stated in this Agreement.

4. Content. Company does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of Company, other than information provided by authorized Company spokespersons. Statements made in forums, e-mail and discussion groups reflect only the views of their authors. Neither forum managers nor CSPs are authorized Company spokespersons, and their views do not necessarily reflect those of Company. Advice received via Company should not be relied upon for important personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. Ownership. All programs, services, processes, designs, software, technologies, trademarks, tradenames, inventions and materials comprising Company, are wholly owned by Company. Company has a compilation copyright in Company but does not possess, claim ownership of or exert control over individual uploaded files, Web pages or Personal Web pages or the intellectual property contained therein.

7. No Warranties and Limitation of Liability.

7.1 COMPANY AND ALL COMPANY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING GOODS OR SERVICES PROVIDED BY INTERNET SITES NOT IN THE DIRECT OR INDIRECT CONTROL OF COMPANY. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF COMPANY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COMPANY OR COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATABILITY, SECURITY OR ACCURACY.

7.2 YOUR USE OF COMPANY AND ALL COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED THROUGH COMPANY. YOU AGREE THAT COMPANY, AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE COMPANY OR ANY COMPANY SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY’S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF COMPANY. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

8. Charges

8.1 You agree to pay all charges for your use of Company at the prices specified in the contract. Company reserves the right to change prices or institute new charges for access to or use of Company at any time for new contracts. All changes will be posted online, and you are responsible for reviewing pricing information posted on Company regularly to obtain timely notice of such changes.

8.2 Charges are to be paid on a monthly basis unless otherwise specified by you when your account was created. If the payment method for your Company account is by credit or debit card and payment is not received by Company from the card issuer or its agents, you agree to pay all amounts due upon demand by Company. Each time you use Company, you agree and reaffirm that Company is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Company, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

9. Statements, Payments and Cancelations

9.1 Company will not provide you with a statement of charges on your card account when such charges are incurred and/or paid. Unless you notify Company of any discrepancies or irregularities within forty-five (45) days after they first appear in your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE COMPANY FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO COMPANY WITHIN FORTY-FIVE (45) DAYS OF ITS PUBLICATION DATE.

9.2 Company reserves the right to suspend or terminate your Company membership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Company when Company believes you are liable for the charge. If you are paying by invoice, Company reserves the right to suspend or terminate your membership without notice upon payment being returned because of insufficient funds. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Company.

9.3 You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for fifteen (15) days after due date. The late charge will equal $5.00 per overdue invoice until paid.

Company reserves the right to refer your account to a third party for collection in the event of ongoing default.

9.4 Your Company membership fee is payable in advance and is non-refundable. You agree that Company may submit charges for your membership fee each month without further authorization from you, until end of contract.

9.5 You must promptly notify Company of changes to: (a) the account number or expiration date of your designated card; and (b) if invoiced, your billing address. You must also promptly notify Company if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password.

9.6 If you are paying Company fee with invoice or statement, your membership fee is payable in advance and is non-refundable except as determined by a Company representative. Accounts with membership fee forty-five (45) days overdue may be terminated and a $10.00 fee will be applied for restoral of service unless prior arrangements have been made.

9.7 Your account with Company is valid until end of contract. You must submit early cancellation requests in a written confirmation, through a telephone confirmation by a Company representative or other means provided by Company. Company will not accept account cancellations requests by e-mail. Company is under no obligation to cancel a contract, and if Company so chooses to terminate a contract, charges may apply for early termination.

10. Assignment; Household Use; Minors. Your Company membership is personal. Subject only to this Section 10, you agree not to assign, transfer or sublicense your rights as a Member. You may allow other members of your household to use your Company account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Company account.

11. Effective Date; Changes to Terms. This Agreement takes effect on the date on which you create your account on Company and continues until your Company membership is terminated either by you or by Company. COMPANY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE "HERE" TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF COMPANY AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

12. General.

12.1 This Agreement is governed by the laws of the State of California, USA, and you consent to the exclusive jurisdiction and venue of courts in San Mateo County, California in all disputes arising out of or relating to your use of Company or your Company membership.

12.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Company, as a result of your use of Company or your Company membership. You agree not to hold yourself out as a representative, agent or employee of Company, and that Company will not be liable by reason of any representation, act or omission to act by you.

12.3 Company’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Company’s right to comply with law enforcement requests or requirements relating to a Member’s use of Company or information provided to or gathered by Company with respect to such use.

12.4 This Agreement constitutes the entire agreement between Company, and you with respect to your use of Company and your Company membership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Company and you with respect thereto.