Terms Of Service

1 Warranty

Iron Bay Computer and Design Inc., hereafter referred to as IronBay.Net, owner and operator of IronBay.Net makes no warranty, expressed or implied for any services provided. Fitness for a specific purpose is at the sole discretion of the person or persons who use the services of IronBay.Net. The person or firm who orders or has ordered service from IronBay.Net is hereafter referred to as Client.

2 Liability

Client agrees that IronBay.Net will not be held responsible for any damage or loss that Client may suffer as a result of, but not limited to, the loss of data, delays, service interruptions, telephone equipment failures, non deliveries, or any other communication disruptions caused by IronBay.Net, and/or errors or omissions of Client. Client agrees to indemnify and hold IronBay.Net harmless from any claims including attorney's fees, resulting from Client receiving IronBay.Net services which cause direct or indirect damage to a third party.

3 Dial-Up Access

IronBay.Net provides attended interactive access to the Internet. IronBay.Net reserves the right to refuse, limit or otherwise restrict service to Clients with unreasonable usage. Unreasonable uses include, but are not limited to, large idle times and excessive mail checks.

Accounts with greater than 250 hours per month will moved to a "Special Access Account" to cover the cost of maintaining a dial line for their use. The customer will be responsible for the increase cost of this account type.

Connections that sit idle for 15 minutes or more may be disconnected. Clients with excessive connect times are subject to periodic automatic disconnection to improve access availability for other Clients. Clients that attempt to maintain a connection with little activity for long periods or that try to simulate activity will be asked to stop this practice or upgraded to a "Special Access Account". IronBay.Net reserves the right to suspend the account or take other appropriate action.

4 DSL or Wireless Install

In order to install DSL services a DSL modem or Network Interface Card may need to be installed in the customer's computer, which involves opening the customer's computer. Adding hardware to customer's computers can involve installing software drivers that may modify other system files. IronBay.Net does not warrant that installing hardware into the customers computer will not disrupt the normal operations of the computer or cause the lost of files. IronBay.Net recommends that the customer back-up all data prior to the install of DSL services.

5 DSL or Wireless Service

IronBay.Net will make reasonable efforts to ensure to the customer that DSL Service is available to you 24 hours per day, seven days per week. It is possible that there will be service interruptions due to scheduled or unscheduled network maintenance, acts of God, etc. IronBay.Net will make sufficient efforts of notifying customers of planned service outages via updates on the IronBay.Net web site. IronBay.Net reserves the right to refuse, limit or otherwise restrict service to Clients with unreasonable usage. Unreasonable uses include, but are not limited to excessive mail checks and or excessive bandwidth utilization. IronBay.Net reserves the right to monitor and charge for excessive bandwidth utilization.

6 Security

Client agrees that IronBay.Net will not be held responsible for the security of the Clients computer. IronBay.Net provides the customer with a direct connection to the network. IronBay.Net does not warranty that any files or data sent to or received by you over the network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your home computer.


7 Technical Support

IronBay.Net's Helpline is designed for new customers having problems connecting to IronBay.Net's DSL or Dial-Up service and for e-mail connectivity issues only. Technical Support beyond initial connectivity problems is available for a nominal fee. IronBay.Net's Helpline currently supports Internet Explorer and Outlook Express. All other software support must come from the software vendor/manufacturer. IronBay.Net will not support customers with problems beyond the web browser and e-mail client software that IronBay.Net provides to the customer. All other software on the IronBay.Net CD-ROM or Floppy Disk is provided for the customer's convenience.

8 Monitoring and Logging

IronBay.Net reserves the right to monitor, log, archive and manage any and all transactions and services offered.

9 Confidentiality

IronBay.Net will provide any and all assistance necessary to fulfill local, state or federal laws and regulations. Confidential information will be only released as necessary for operation and maintenance or as necessary for due process of law.

10 Availability

Dial in access is a local call in many, but not all, areas of Michigan. Long distance charges may be incurred if Client is not within the local dialing area of one of our access sites. It is the responsibility of Client to check with his local telephone company to determine the local calling area. IronBay.Net will not be held liable for these charges.

11 User Liability

Client will be responsible for all transactions made with the requested account. This includes but is not limited to any financial transactions, email sent, and any other transactions made via this service. Client is responsible to abide by all local, state, and federal laws and regulations.

12 Content Control

IronBay.Net exercises no control over content from the Internet or access to content on the Internet not owned by IronBay.Net. Client assumes all responsibility for information derived from the Internet. Client further assumes all responsibility for content sent through that account. The term "Unlimited", when used by IronBay.Net, refers to not limiting a Client's ability to web surf to a site: IronBay.Net does not restrict the World Wide Web due to site content.

13 Client Exclusivity

Client is responsible for all parties that use the service with or without the consent of Client. For personal accounts Client agrees that these parties shall be limited to only that customer and immediate family living in the same household. For business accounts Client agrees that usage will be limited to the named business and those listed in authorized roles or capacities.

14 Email, IronBay.Net Forums, Classifieds and USENET Abuse

Client agrees not to falsify any user information, including senders e-mail address or other message identification. Client agrees to not send unsolicited mass mailings (or solicited mailings to more than 25 addresses) . Client agrees not to post a single article or advertisement to more than 10 Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists.

Client agrees not to post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists, articles which are off topic according to the charter or other owner published FAQ or description of the group or list. Client agrees not to post a single advertisement to more than 10 forums where such posts are acceptable. Client agrees not to use the IronBay.Net Forums for any commericial advertisement(s). Any charges for investigation, legal action, or other, incurred as a result of abusive actions by Client are the responsibility of Client and may result in immediate termination of the account. Complaints processed by IronBay.Net will be subject to a per complaint processing fee.

In order to improve IronBay.Net mail service, we have adopted the following:
Email which has been read by the customer but is left on the IronBay.Net mail server will be deleted after a period of 30 days.

If an email box exceeds 20 megabytes (20M) all additional mail will be refused with a message indicating that the email box is full.

IronBay.Net scans for virii and spam. IronBay.Net does not guarantee that any virus or spam will be detected. Users are encouraged to employ virus detection on their personal computer. Housecall is a free, online virus scanner from Trend Micro, Inc.

IronBay.Net does not provide instructions for use, nor technical support for anti-virus programs. IronBay.Net furthermore is not responsible for any computer problems resulting either from having a virus or from removing a virus.

15 Dial Line Exclusivity and Multiple Acts

Only one login per dial in account is allowed.

16 Abuse

Client agrees not to perform activities that cause disruption or degradation of network operation, performance, or services. This includes but is not limited to abusive language or postings, mail checks at intervals less than 10 minutes apart, mail bombs, programs which flood other users or the network, or the sending of bad data with intent to interfere with other users' systems, attempts to gain illegal access to sites or any other malicious acts whether intentional or not. Criminal activity including but not limited to ip spoofing, or attacks against other system will be prosecuted to the fullest extent of the law.

17 Non Transferability

This account is non-transferable, and resale or use of the connection by another organization or unnamed agent is prohibited. If fraudulent usage is detected the account will be terminated without notification or other appropriate action, as deemed, by IronBay.Net, will be taken.

18 Changes in Terms of Service

IronBay.Net reserves the right to change the terms of service at any time. The terms of service will be posted and maintained on the IronBay.Net web site. It is the responsibility of Client to know and abide by the Terms of Service Agreement. In addition IronBay.Net reserves the right to refuse service to Client who does not abide by the terms of service.

19 Virii

Users whose computers are determined by IronBay.Net staff to be infected by a virus will be notified of such and, if known, what particular virus has infected the computer. It is the responsibility of the user to disinfect their computer. If user has not eliminated the virus from their computer(s) by the third notification from IronBay.Net, their account will be suspended and a fee added to their bill.

An account suspended due to virii will not be granted a credit towards the time the account was inactive.

20 Billing

IronBay.Net will publish a notice of fee increases, decreases or modifications thirty (30) days before such increases take effect. Service is invoiced monthly in advance. Service may be disconnected at any time with no disconnect fee. No partial credit is given for accounts disconnected during the month. Payment is due 17 days after the date of the bill. Accounts are labeled default if payment is not received within 17 days of the date on the bill. If Client's payment is returned to us unpaid, Client is immediately in default and subject to a returned check charge. Accounts unpaid after the due date of the bill may have their service interrupted. Such interruption does not relieve Client from obligation to pay the monthly charge. Accounts in default are subject to a late payment charge. Client will be responsible for a reconnect fee to remove accounts from suspended status or to reconnect Client's service if it has been terminated. Client acknowledges responsibility for any and all charges on the account until payment is made in full even in the event of interruption or termination of Client's account.