Terms and Conditions of Service
1. Acceptance of Terms. As part of their registration for the Boreal Access Internet access and web hosting services (the "Service"), each customer ("Customer") agrees to abide by these Boreal Terms and Conditions of Service and Boreal's Acceptable Use Policy (the "Terms and Conditions"), as the Terms and Conditions may be updated by Boreal from time to time. Use of the Service is conditional on acceptance of the Terms and Conditions, and continued use of the Service following any changes to the Terms and Conditions constitutes acceptance of those changes. Changes will be posted on the Boreal web site. Customers are responsible for monitoring Boreal's web site for any changes and promptly modifying Customer's use of the Service as necessitated by such changes
2. Registration, Password and Security. All Customers must be at least 18 years old and legally able to agree to the Terms and Conditions, and must provide and update accurate registration information. Customers are responsible for any and all use of their accounts. Passwords must be kept confidential. Customers must notify Boreal Access of any unauthorized use of their accounts.
3. The Services. The Service is access to the Internet and World Wide Web. Membership accounts include e-mail accounts and limited Web hosting services. The number of e-mail accounts and the amount of on-line access time will vary with the type of Customer account. Web hosting provided with the Service is limited to personal and non-commercial content and purposes. Web hosting for commercial content and purposes will be subject to a separate agreement with Boreal. The Service is for Customer use only, and not for lease or resale by Customers or any other party.
4. Limits of the Service. Each Customer is responsible for the security of the content, information or data the Customer maintains in the Customer's web pages and e-mail accounts. In particular, each Customer is responsible for maintaining back-up copies, and taking other steps necessary to secure that content, information or data from loss. Boreal will remove any e-mail, read or unread, older than 90 days, from its mail servers. Boreal assumes no responsibility for lost Customer content, information or data or the recovery of lost Customer content, information or data. Occasional delays or interruptions in the Service may occur, and Boreal assumes no responsibility for any Customer loss or damage that results from any such delay or interruption.
5. Account Charges. Each Customer is responsible for activities and charges associated with their accounts. Service subscriptions are for base rates only, additional use will be charged at then applicable rates. Billing methods, rates, and surcharges are posted on Boreal's web site and may change from time to time. Customers are responsible for monitoring Boreal's web site for any changes. Delinquent accounts may be suspended or cancelled, and Boreal has the right to collect its reasonable attorney fees and other costs incurred in collecting delinquent Service fees, including charges incurred for returned checks. When a Customer account is terminated for any reason, any remaining balance due will become immediately due and payable, and any prepaid Service fees will be retained by Boreal as liquidated damages and not as penalty. Any questions or concerns about Service fees and billing matters should be directed to: firstname.lastname@example.org
6. Disclaimer of Warranties. Boreal provides the Service, and all materials, information, software, products and services provided by Boreal in connection with the Service, on an "as is" and "as available" basis. BOREAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR FREEDOM OF INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF BOREAL FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, MAINTENANCE OR PERFORMANCE THE SERVICE. Boreal also disclaims any warranty that (i) the Service will be free of delays or interruptions,
(ii) the Service will be spam-free, error-free or free of viruses, (iii) the Service will be free of non-delivery or misdelivery, or of negligence or omissions, (iv) all errors in the Service will be detected or corrected, (v) Customer content, information or data will be secure or that Customer content, information or data will be preserved or free from loss.
7. Limitation of Liability. Each Customer assumes full responsibility for the Customer's use of the Service and the Customer's account, including all services, products and information obtained from third parties through use of the Service. Boreal is not liable for any direct or indirect damages that result from Customer use or inability to use the Service. Boreal's liability of all kinds with respect to each Customer (except liability for gross negligence or intentional misconduct) is limited to the fees remitted by that Customer for the Service.
8. Indemnification. Each Customer will indemnify and hold harmless Boreal, and Boreal's, employees, officers, directors and members from all cost, liability and expense arising out of the use of the Service by that Customer or others with that Customer's consent or knowledge. This indemnification will include, but not limited to, third party claims related to content distributed or made accessible by the Customer through the Service.
9. Enforcement. Boreal may take any action to enforce the Terms and Conditions, and to respond to complaints or allegations of Customer misconduct with respect to the Service, as Boreal deems necessary or appropriate. These actions may include the termination of Customer accounts and use of the Service, and the removal of any content made accessible by Customers through the Service. Each Customer agrees to cooperate with Boreal in addressing any violation of the Terms and Conditions, and in responding to complaints or allegations of Customer misconduct, including allegations or claims of infringement of third party intellectual property rights. Boreal reserves the right to collect from Customer the amount of Boreal's reasonable legal fees that are incurred in enforcing the Terms and Conditions, or that are incurred as a result of any third party claim or allegation arising out of Customer's use of the Service
10. Termination. Each Customer account may be terminated by the Customer at any time. Boreal may terminate Customer accounts, and access to all or part of the Service, for any reason and without notice. Boreal will provide notice of termination as soon as reasonably possible after the termination occurs. Customers can terminate their accounts by providing notice to Boreal. Upon termination of any Customer account, Boreal has the right, but not the obligation, to delete all of the Customer's content, information and data on Boreal's equipment or system, and Boreal will have no obligation to forward any e-mails to or from that Customer. Boreal has the right to refuse reapplication of any Customer whose account has been terminated for violation of the Terms and Conditions, or for any other lawful reason.
11. Miscellaneous. The Terms and Conditions are governed by Minnesota law and are the entire agreement between Customer and Boreal with respect to Boreal's service and Customer's use of that service. Boreal may modify the Terms and Conditions by notice to Customers. No other form of modification or waiver of any portion of the Terms and Conditions will be effective. Notices to Customers will be effective with respect to each Customer when sent by e-mail to any of that Customer's e-mail addresses. Notices to Boreal will be effective when sent by e-mail to: email@example.com If any portion of the Terms and Conditions is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure by Boreal to enforce any right or obligation under the Terms and Conditions will be a waiver of that right.
12. Service Contact. Any questions, comments or concerns about the Terms and Conditions, or Boreal's service in general should be directed to: firstname.lastname@example.org