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> IDF Subscriptions: Terms of Service, Please read carefully
buzz
post Jan 12th 2004, 4:48 PM
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Terms of Service

IMPORTANT NOTICE: *All Payments to Idolforums.com are Non-Refundable*

Idolforums.com ("The Company") or ("IDF") agrees to furnish services to the Subscriber ("Customer"), subject to the following TOS (Terms of Service).

Use of IDF Service constitutes acceptance and agreement to IDF's Email Usage Policy as well as IDF's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of IDF and Email Usage Policy. The policy may be changed from time to time at the discretion of the Company. Subscriber understands that change to the policy by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario, city of Toronto applicable to contracts enforceable in that province. Venue will be Toronto, Ontario, Canada.
  1. Disclosure to Law Enforcement: The policy specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition IDF shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

  4. Payments and Fees: Payments that are declined for any reason will result in interruption of services on accounts that reach 10 days past due. Accounts that are not collectable by IDF may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

  5. Refund and Disputes: All payments to IDF are nonrefundable. If you dispute a charge to your credit card issuer or to PayPal that, in IDF's sole discretion is a valid charge under the provisions of the TOS and/or Email Usage Policy, you agree to pay IDF an "Administrative Fee" of not less than $50 and not more than $150.

  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  7. Account Cancellation: Requests for canceling accounts may be made through PayPal account that you've created either during or prior to signup of IDF subscription services. Please log into the PayPal, locate your subscription and you can request to have your subscription cancelled there via the online cancellation form.

  8. Account Sharing and Subscriber-Only Download Links: IDF strictly prohibits sharing of a subscriber account with anyone, including family members or friends. You are free to share the media files after you download them from the subscriber-only areas of the forum. We only restrict from sharing access of a subscriber account and access to our subscriber-only servers. Passing links obtained from subscriber-only areas of the forum or links to subscriber-only media downloads to anyone (including other subscribers) is strictly prohibited. Violations of this nature will result in immediate and permanent suspension the subscriber account, without refund.

  9. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes due to negligence and those beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

  10. SPAM and Unsolicited Commercial Email (UCE): IDF takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of IDF may not use or permit others to use our network to transact in UCE. Customers of IDF may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote email accounts to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers. Certain states in the United States have bulk email laws. Violations of this policy may also result in criminal or civil offenses.
    1. Violation of IDF's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, IDF will initiate an immediate investigation (within 48 hours of notification). During the investigation, IDF may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, IDF may, at its sole discretion, restrict, suspend or terminate customer's account. Further, IDF reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. IDF will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that IDF personnel must spend to investigate the matter. TO AVOID THESE PENALTIES, PLEASE, DO NOT SPAM FROM YOUR ACCOUNT.

  11. Notification of Violation:
    1. IDF is under no duty to look at each customer's or user's activities to determine if a violation of the policy has occurred, nor do we assume any responsibility through our policy to monitor or police Internet-related activities.
    2. First violation: Any User, which IDF determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at IDF's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that IDF determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

  12. Suspension of Service or Cancellation: IDF reserves the right to suspend accounts to any customer if in the judgment of the IDF administrators the customer's account is the source or target of the violation of any of the other terms of the policy or for any other reason which IDF chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

  13. Indemnification: IDF wishes to emphasize that in agreeing to the IDF Email Usage Policy and Terms of Service (ToS), customer indemnifies IDF for any violation of the Email Usage Policy and Terms of Service (ToS) that results in loss to IDF or the bringing of any claim against IDF by any third-party. This means that if IDF is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against IDF, plus all costs and attorney's fees.

  14. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you such as email.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. IDF takes no responsibility for any material input by others and not posted to the IDF Network by IDF. IDF is not responsible for the content of any other websites linked to the IDF Network; links are provided as Internet navigation tools only. IDF disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. IDF is not responsible for any damages your business may suffer. IDF does not make implied or written warranties for any of our services. IDF denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by IDF.

  15. Responsibility for Content: You, as IDF's customer, are solely responsible for the content stored on your IDF account.
If you have any questions to the above, please feel free to post a question in the Questions & Comments forum. Thank you.

--buzz (Neurox Media Administrator)


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