This End User License Agreement (“Agreement”) is between You (“You”), the person or company that is subscribing to this Agreement, and Sterling Communications, Inc. (“Sterling”). Sterling provides an Internet access service (the “Service”) that filters out websites that Sterling identifies as containing chat rooms, hate material, promotion of illegal drugs or illegal activity, racism, militancy, cult, violence, promotion of hacking, adult-only, sexually explicit, or otherwise pornographic material, and alternative lifestyle information (“Offensive Content”). In order to be able to use the Service, You must agree to the following terms and conditions.
You have subscribed to and will be able to access the Service once You have entered into this Agreement and paying all required subscription fees. We strongly recommend that You carefully read the Agreement. Just as the Agreement provides You specific benefits, it imposes upon You some obligations and restrictions with respect to the Service. Sterling reserves the right to refuse to provide the Service to any particular subscriber in its sole discretion.
You agree to pay Sterling the current subscription fees on a monthly basis, as per the terms of Sterling’s invoice. Sterling’s current fees are listed in Sterling’s product information at www.sterlink.net. Failure to pay the monthly fees gives Sterling the right to terminate Your ability to use the Service.
You agree not to do any of the following: (i) send unsolicited mass mailings, e-mails or advertisements to Sterling’s subscribers; (ii) attempt to hack, reverse-engineer, tamper with or attempt to deactivate, Sterling’s filtering system; (iii) permit anyone besides You to use Your password or Your account, unless under Your direct supervision; (iv) e-mail, post or transmit unlawful, unsolicited, threatening, abusive, hateful, libelous, defamatory, profane or illegal material, or otherwise objectionable information of any kind, including without limitation any material that violates any local, state, national or international law or regulation; (v) post or transmit any information or software which contains a virus, worm, trojan horse or other harmful software component; (vi) act in a manner that negatively affects other users of the Internet; or (vii) violate any law, regulation or Internet-wide rule governing Internet use. If You perform any act listed in this Section, Sterling has the right to immediately disconnect and discontinue Your account and recover any damages that it incurs as a result of Your activities.
Sterling reserves the right to terminate your connection if (i) Your Internet connection is idle for 15 minutes or more; or (ii) You are connected for 4 hours in any one session (but You may immediately reconnect). If Your use of the Service exceeds 200 hours of connect time per month, Sterling may treat Your connection as a dedicated connection for billing purposes.
Sterling will make a every reasonable effort, and will employ current, up-to-date technology, to filter out Offensive Content and provide You with regular Internet access exclusive of Offensive Content. HOWEVER, STERLING CANNOT BE HELD RESPONSIBLE FOR INTERRUPTIONS IN SERVICE BEYOND STERLING’S CONTROL, OR FOR SPORADIC INSTANCES OF OFFENSIVE CONTENT THAT EVADE STERLING’S FILTERING TECHNOLOGY. You acknowledge and agree that there may be a difference of opinion between Sterling and You as to what constitutes “Offensive Content,” and that Sterling, in its sole discretion, will make all determinations on what filtering it undertakes. STERLING PROVIDES THE SERVICE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. STERLING MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ANY RELATED SOFTWARE, THE INTERNET ITSELF, OR ANY INTERNET CONTENT. STERLING ALSO DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY INTERNET CONTENT RECEIVED THROUGH THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, NOR TO THE PERFORMANCE, MERCHANTABILITY, OR FIT-NESS FOR ANY PARTICULAR PURPOSE OF THE SERVICE OR THE INTERNET. STERLING WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF YOUR INABILITY TO USE THE SERVICE, SERVICE INTERRUPTION, DELAY, DEFECT, DELETION OF DATA OR FOR STERLING’S FAILURE TO FILTER OUT ALL “OFFENSIVE CONTENT”, OR ANY ASPECT OF INTERNET CONTENT.
Sterling’s maximum liability to You under this Agreement in any one month is the amount You paid to Sterling in that month.
Sterling reserves the right (but is not obligated) to refuse to post or to remove any information or materials, in whole or in part, that, in Sterling’s sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
This Agreement will be effective when You accept it. Thereafter, the Agreement shall remain in force indefinitely unless (i) You violate its terms, in which case the Agreement will automatically terminate whether or not You receive notice of termination from Sterling; (ii) any of Your account payments is overdue for 5 days or longer; or (iii) Sterling otherwise chooses to terminate the Agreement at its discretion, in which case Sterling will undertake best efforts to provide You with notice 30 days prior to the date of termination. Upon termination, You agree that You will immediately discontinue use of the Service and will delete any software relating to the Service from Your computer files.
You agree to indemnify Sterling and hold Sterling harmless against any claims, losses, liability, and any other expenses, including attorney’s fees, if You violate this Agreement and cause damage or loss of any kind, including without limitation damage to Your computer system or that of any third person.
In the event of legal action regarding this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and expenses from the other party for any proceeding, at or before trial and upon appeal, in addition to any other relief deemed appropriate by the court. You hereby submit to the exclusive jurisdiction and venue in the federal and state courts located in Portland, Oregon for the resolution of disputes. This Agreement shall be governed by Oregon law.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. This Agreement constitutes the complete agreement between You and Sterling, and may not be modified unless a written amendment is signed by a corporate officer of Sterling.
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