Perryman Group, Inc. dba Infostations (“Infostations”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, Infostations’ Membership Rules, Page Content Guidelines, and Acceptable Use Policy available at: www.infostations.com/guidelines.htm, and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Infostations is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for Infostations’ Services are posted throughout our website at www.Infostations.com. These rates may also be obtained by calling (888) 216-0707. Infostations reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
Members must (i) provide Infostations with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Infostations all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account. Members having questions regarding charges to an account, should contact Infostations’ Customer Service Department at (888) 216-0707. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Charges are billed to Members’ credit cards or debit cards, as applicable, each month or year for the basic service and any additional usage or services. Infostations is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Infostations. If paying by check, payments are due upon invoice receipt. If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. If you purchase Services through a reseller who in turns pays Infostations, the reseller must pay all amounts owing for your account. If the reseller fails to pay Infostations any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at Infostations’ sole discretion; however, charges will continue to accrue until the account is canceled. Infostations may bill an additional charge to reinstate a suspended account. Infostations reserves the right to add a $10 finance charge on any account that is more than 15 days past due. Infostations reserves the right to add a $15 collections fee on any account that is more than 60 days past due. Simultaneous logins on an account are in violation of this agreement. You are welcome to install Infostations dialup service on more than a single computer, however this agreement only allows for one login connection at a time per unique account. Infostations reserves the right to bill you at the rate of one dollar per hour for the length of time all sessions overlap. The simultaneous usage charges are in addition to any other charges in effect for your account. Please note that you are responsible for recognizing when more than one person is logged in at the same time.
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Infostations account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Infostations immediately upon discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Infostations’ discretion, be transferred to a compressed temporary file or storage. Infostations may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (888) 216-0707. Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection. Infostations may change its POP numbers at any time. Infostations reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Infostations’ property and Infostations may alter or replace them at any time.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY INFOSTATIONS, INFOSTATIONS DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. INFOSTATIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFOSTATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFOSTATIONS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH INFOSTATIONS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY INFOSTATIONS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. INFOSTATIONS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, INFOSTATIONS’ CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Our site on the World Wide Web with its home pages in the domain “Infostations.com”, “Infostations.net”, or any other site operated by Infostations (the "Web site") is a complimentary information service offered by Infostations at no charge to users. We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “Infostations.com”or “Infostations.net”, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Infostations of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site. You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Infostations", (b) the link must "point" to the URL "www.Infostations.com" or "www.Infostations.net" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Infostations, (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Infostations may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Infostations. Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Infostations. Infostations assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Infostations harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Infostations from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Infostations will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site. Your posting of material on the Web site or providing material to Infostations to use on the Web site will be deemed to be a grant by you to Infostations of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Infostations by: registered or certified mail, return receipt requested addressed to Infostations, 5050 Rocklin Rd., Suite A-18, Rocklin, CA 95677; or telephone calls directed to Accounts-Customer Service at (888) 216-0707. Email termination of your services will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from Infostations. Charges to your account will stop accruing the day Infostations provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Infostations’ servers, anything stored on this space will be deleted upon termination. Without prior notice, Infostations may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Infostations, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Infostations may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement. Refunds of customer payments and pre-payments are not available, with the following exceptions:
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Infostations by: registered or certified mail, return receipt requested addressed to Infostations, 5050 Rocklin Rd., Suite A-18, Rocklin, CA 95677; or telephone calls directed to Accounts-Customer Service at (888) 216-0707. Email termination of your services will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from Infostations. Charges to your account will stop accruing the day Infostations provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Infostations’ servers, anything stored on this space will be deleted upon termination. Without prior notice, Infostations may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Infostations, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Infostations may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.
Refunds of customer payments and pre-payments are not available, with the following exceptions:
- Within the first 30 days of service on a newly-established account, a refund of money pre-paid for recurring service charges may apply (refer to any Money Back Guarantee for the specific service). This does not apply to any payments made for any applicable setup fees -- setup fees are not refundable.
- If a customer elects to cancel service within 30 days after an automated charge was made to a credit or debit card for a recurring service fee, a refund for the full amount of the automated charge will be made if there was no usage on the account after the renewal date for the service. A partial refund of the full amount minus the standard monthly service charge will be made if there was usage on the account after the renewal date. (This only applies to automated payments to credit/debit cards -- a customer renewal payment made by cash, check or money order is not refundable.)
Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at 916.445.1254. This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in California with respect to such matters or otherwise between you and Infostations, and waive your rights to removal or consent to removal.
To register for a web hosting account, dial-up account, home page and/or e-mail membership account, you are required to read the following rules of membership and page content guidelines. We welcome you to the Infostations Commercial Web Hosting, Personal Home Page and E-mail Program(s). The Internet is a wonderful place to conduct business, express your views, and interact with others. We are honored to be your choice for Internet services, and will provide you with the most professional services available.
Use of INFOSTATIONS’ services constitutes acceptance of the Terms and conditions contained herein. If you do not agree to Terms and Conditions, you may cancel this agreement at any time by providing written notice to INFOSTATIONS 30 days prior to termination.
Infostations membership privileges are not to be used for the following reasons:
To present material that is offensive to the on-line community, including prejudice, racism, bigotry, hatred, or foul language.
To present pornography or nudity.
To promote physical harm to individuals or groups of people.
To promote or provide instructional information about illegal activities.
To commit illegal activities.
Using your web space as storage for remote loading or as a door or signpost to another homepage. Developing web sites with hidden pages or images, or restricted or password access pages. Creating home pages with hyperlinks to content not allowed in Infostations.
Using your Infostations web space for the purpose of gathering personal information identifying individuals for illegal or commercial purposes.
Selling or leasing space on your home page is prohibited.
Infostations reserves the right to revoke any or all membership privileges to any member who is in violation of the above
We are not responsible or liable for any loss of data resulting from our deletion of personal home pages, or portions of home pages. Infostations shall not be liable for data lost due to misconnections, malfunctions of our server systems, viruses, file corruption, Acts of God, or for any other reason.
E-mail services to send “spam” to groups, individuals, or companies, or to conduct unwanted solicitations of groups or individuals is not acceptable. E-mail services for the purpose of conducting or promoting illegal activities or to harass or threaten anyone are also unacceptable and in violation of the Terms and Conditions stated herein.Infostations reserves the right to revoke any or all membership privileges to any member who is in violation of these terms of agreement
The options and views expressed in the Personal Home Pages of Infostations members are not the opinions or views of Infostations. Infostations is not responsible for the content of any Personal Home Page. Members are solely responsible for everything contained in their own Personal Home Pages. Members may be held legally liable for the contents of any Personal Home Page and may be held legally accountable if their home pages include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the express permission of the author or owner. We are not responsible or liable for any illegal activities conducted by Infostations members. We are not responsible or liable for any loss of data resulting from our deletion of personal home pages, or their portions, data lost by misconnection or malfunction of our server systems, viruses, file corruptions, or any other reasons. We encourage Infostations members to back up their home page information to guard against losses of any kind. The member agrees to identify and hold harmless Infostations for any loss, liability, claim, damage, and expenses (including attorneys’ fees) arising from or in connection with the contents of the member’s home page or use of the member’s Infostations Email account.Infostations reserves the right to change these rules and regulations at any time without consent or notice.
Customer agrees to indemnify, defend and hold Infostations, it's owners and employees, harmless from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including but not limited to phone company charges, reasonable attorney's fees and costs of suit arising out of Customer's use of Services provided to you by Infostations. Such indemnification shall include, but not be limited to claims for libel, slander, infringement of copyright, theft or misappropriation of intellectual property, or unauthorized use of any trademark, trade name, or service mark. It is the customers responsibility to verify with their phone company that the telephone number setup on their computer (the number they use to access the internet via Infostations) is a local number for their calling area.
Interruptions and Discontinuances. Infostations is not and will not be responsible for interruptions or discontinuances of Service caused by factors beyond its control, including, but not limited to equipment failure, delays, negligence, strikes, failure of Infostations' telecommunication providers to provide adequate services, or acts of God. Infostations may choose to provide backup services for Customers' data residing on Infostations' servers, however Infostations does not explicitly offer or guarantee backup services other than those that may be specifically quoted in a Customer's service agreement. Customers are strongly encouraged to back up their own data frequently. Infostations provides 24-hour monitoring of its systems, but Infostations does not provide 24-hour onsite service for its systems. Infostations will respond promptly in the event of a service outage, but cannot and does not explicitly guarantee resumption of service within a specific time frame.
(Other Rules and Guidelines)
INFOSTATIONS’ Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of INFOSTATIONS’ Internet services (the "Services")—those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a periodic service fee to subscribe to the Services ("Members")—must comply with this AUP.We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary Web sites. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. INFOSTATIONS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your INFOSTATIONS account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
The following constitute violations of this AUP:
a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services to making fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
f. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
g. Unsolicited commercial email/ Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of INFOSTATIONS’ or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the services. Reselling the Services without INFOSTATIONS’ authorization.
l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use INFOSTATIONS Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. News. INFOSTATIONS Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup. INFOSTATIONS considers "multiposting" to 10 or more groups within a two-week sliding window to be excessive. INFOSTATIONS Members may not cancel messages other than their own messages. A Member may cancel posts forged in that Member's name. We may cancel any postings which violate this AUP.
n. Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, INFOSTATIONS maintains the right to terminate any member’s connection following any extended period of inactivity as determined by INFOSTATIONS.
INFOSTATIONS requests that anyone who believes that there is a violation of this AUP direct the information to: email@example.com. If available, please provide the following information: The IP address used to commit the alleged violation. The date and time of the alleged violation, including the time zone or offset from GMT. Evidence of the alleged violation. Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. INFOSTATIONS may take any one or more of the following actions in response to complaints: issue written or verbal warnings, suspend the Member's newsgroup posting privileges, suspend the Member's account, terminate the Member's account, bill the Member for administrative costs and/or reactivation charges, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
INFOSTATIONS reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.
Digital Millennium Copyright Act
Pursuant to 17 U.S.C. 512(c)(2), the designated agent for notification for Perryman Group Inc. dba Infostations is:
Gregory P. Munsill
PO Box 6525, Folsom, CA 95763
(916) 630-7456, firstname.lastname@example.org