By subscribing to cSpeak.com Services you acknowledge that you accept these terms and conditions. cSpeak.com may revise the terms from time to time by posting a new version on the cSpeak.com web site. Your continued use of the Service after such postings will constitute acceptance of the variation. As such,cSpeak.com users should consult the document regularly to ensure that they conform to the most recent version. Questions regarding these Terms and Conditions should be directed to info@cspeak.com Your access to the Service is subject to these terms and conditions and any other instructions we give you, whether through our website or otherwise.
1. The Service
1.1 cSpeak.com Service provided consists of those services shown on cSpeak.com, and paid for in accordance with the published plan price. The Service is provided subject to these Terms and Conditions.
1.2 Access by clients to computing and networking facilities owned, leased or operated by us imposes certain responsibilities and obligations and access is granted subject to all applicable governing laws.
1.3 Your cSpeak.com account receives a monthlyspace allowance, the space will be applied to opening a new cSpeak.com account; we will provide you with your full monthly allowance on the day the account is activated. For as long as your account is valid, you will receive the full monthly space allowance on the first day of each month and for accounts that start after the beginning of the month, the account balance will be prorated starting at the first of the month thereafter.
Your organizationalspace allowances and plan choices determine your allowable space needs; you will need to speak to an appropriate person within your organization to determine whether you haveadditional space needs.
2. Your Account
2.1 You represent that you are at least 18 years old and that you have the right and ability to enter into this Agreement.
2.2 You will be allocated a username and password that you must use to gain access to the cSpeak.com Service. You agree to keep your password confidential. You must notify us immediately if you lose your password or if it is disclosed to anyone. It is your sole responsibility to protect your password and to immediately notify cSpeak.com of any unauthorized use of your account. You may change your password on the Service at any time. You acknowledge that anyone who correctly enters your username and password will gain access to your account and that you will be responsible and liable for the activities of that person.
2.3 Upon opening an account you must provide us with a Security ID via the Member Services section on the cSpeak.com website. You acknowledge that we will disclose any information in connection with your accounts to anyone who can provide the answer to your Security ID question.
2.4 To connect to this service you will require a computer and an appropriate modem or router that complies with all relevant Internet technical standards. Please refer to our Online Help Desk for details of minimum requirements.
2.5 You may permit another person, including a minor, to use your account but you assume all responsibility and liability for the activities that person conducts on-line, and for anything to which that person is exposed.
2.6 If you experience any difficulties with your connection it is your responsibility to advise our Help Desk at 248-662-5011 or email info@cspeak.com. We will not be held responsible for any expense incurred through problems associated with dialing into our modem banks.
2.7 The maximum single email size that can be received is 10MB. We may delete any email message sent to you, or by you, if the size of the message (including attachments) exceeds 10MB. If we delete email messages, we are not obliged to notify you or the sender.
2.8 If in our opinion you act irresponsibly or recklessly in using the Services including by breach of these terms and conditions, or you unreasonably consume excess resources on cSpeak.com's systems, networks or 3rd party infrastructures, cSpeak.com reserves the right at any time and without notice to you, to suspend or terminate your account.
2.9 You may not assign or transfer any of your rights or obligations under these Terms and Conditions.
2.10 cSpeak.com undertakes monitoring for and filtering of Spam. It is the responsibility of each End cspeak.com User to implement spam filtering software.
2.11 You must not use, suffer, or permit another to use this Service in an unlawful manner that violates any local, state, federal or international law, order or regulation.
2.12 You may make appropriate use of the facilities, which should always be legal and ethical, reflect honesty and community standards, and show restraint and consideration in the use of shared resources.
2.13 You must demonstrate respect for intellectual property, ownership of data and information, system security mechanisms, and the individuals' right to privacy and to freedom from intimidation, harassment and unwarranted annoyance.
2.14 You acknowledge and accept that you are responsible for your use of the Services including for the content of any data or information, which you may send or receive or store while using this Service.
2.15 You acknowledge that the network used to provide the Services is secure but may not necessarily provide all security and confidential method of communications and shall transmit data on your network at your own risk.
2.16 You agree not to use the Service to:
- 2.16.1 store, send, or distribute material which is unsolicited, offensive, obscene, indecent, pornographic, confidential, menacing, may cause annoyance or needless anxiety, or that could give rise to civil or criminal proceedings;
- 2.16.2 distribute unsolicited advertising or spam or overload any network or system;
- 2.16.3 do anything, including store, send or distribution of material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person;
- 2.16.4 do anything, including store, send or distribution of e material of an illegal or fraudulent nature, including activities prohibited under any applicable state and commonwealth law;
- 2.16.5 breach any laws, codes, standards, and content requirements of any relevant authority;
- 2.16.6 do anything, including store, send or distribution of material which interferes with the normal operation of the Service or its use by other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet or the network and systems used to deliver this Service;
- 2.16.7 access, monitor, or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
- 2.16.8 compromise the security or integrity of any network or system including any part of our network;
- 2.16.9 place any viruses or other similar programs onto the Service or the Internet;
- 2.16.10 store, distribute or reproduce commercial software, or reproduce a third party's software or material without the legal owner's permission;
- 2.6.11 forge header information, email source address or other user information;
- 2.16.12 use another person's name, username or password or otherwise attempt to gain access to the account of any other customer;
- 2.16.13 tamper with, hinder the operation of, or make unauthorized modifications to any network or system;
- 2.16.14 attempts any of the above, or permits another person to do any of the above.
2.17 You may not resell any services provided by cSpeak.com or its affiliates.
3. Charges, Billing Procedures and Payment
3.1 You agree that all monies are non-refundable and that periodic fees are payable in advance.
3.2 You accept responsibility to pay any costs or charges incurred by using your account. Current charges for using cSpeak.com services are detailed on the cSpeak.com website
3.3 Where you receive or view your bills electronically you acknowledge that the electronic display of your bills constitutes notification of the charges contained in those bills and the due date payable.
3.4 If you pay for your cSpeak.com service by direct debit payment (either from your credit card or from your nominated bank account), you authorize us to debit any undisputed outstanding charges (including cancellation fee, or early disconnection/termination fee if any) from your credit card or bank account.
4. Inappropriate Content
4.1 Some material on the Internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content and services offered by other individuals or companies on the Internet or for any other information whatsoever while you are on the Internet.
5. Termination of Account
5.1 This is a continuing contract. You must notify us if the Service is no longer required.
5.2 You remain liable for any charges you incur up to the effective date of termination. No refund of any fees will be granted, and no unused services, credited to your account, will be redeemable or convertible to cash or any other form of credit.
5.3 You may terminate the Service by notifying us over the phone (you must be the account holder or know the answer to the Security ID question) or by notifying us in writing. Termination of the service may not occur immediately.
5.4 If, in our reasonable opinion, you breach any of these Terms and Conditions, cSpeak.com reserves the right to terminate your account.
6. Indemnity and Liability
6.1 You accept that your use of cSpeak.com Services is at your own risk. Neither cSpeak.com Services nor its providers will be liable for any loss, damage, cost, expense or liability arising from any claims due to your use, misuse or attempted use of any facility or service covered by this Agreement. Further, you agree to fully indemnify, and to keep indemnified, cSpeak.com Services and its providers for any loss, damage, cost, expense or liability reasonably incurred or suffered by, or awarded against, cSpeak.com Services or its providers and which arises from your use, misuse or attempted use of any facility or service covered by this Agreement.
6.2 You understand that the Internet contains viruses, Trojan programs and other computer programs that may destroy or corrupt data on your own system. You agree to protect your system against viruses on a regular basis. You agree that we have no control over such programs or viruses and that we are not liable for any damage to, or loss of data caused by a virus or other similar program. You are solely liable for all charges arising from use of your account as a result of viruses, Trojan programs, or other computer programs.
6.3 You expressly agree that use of the Service including any content you may obtain through or on the Service including reproduction, communication or making available of material derived from your use of the Service is at your sole risk.
6.4 You agree that we are not liable in any way if your equipment fails.
6.5 This Agreement is governed by and construed in accordance with the laws of the State of Michigan and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
6.6 This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the cSpeak.com Service.
