SD Silicon Dairy, LLC.
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Silicon Dairy, LLC - Terms of Service (TOS)
DISCLAIMER OF LIABILITY

Silicon Dairy, LLC (silicondairy.net) hereinafter referred to as SD, exercises no control whatsoever over the content of the information passing through its systems. SD makes no warranties of any kind, expressed or implied, for services provided. SD disclaims any warranty of merchantability or fitness for a particular service. SD is not responsible for any damage suffered from the direct or indirect use of its services. This includes, but is not limited to: expenses and loss of data resulting from delays, nondeliveries, mis-deliveries, or service interruptions caused by its own negligence or errors or omissions. Use of any information via SD is at your own risk. SD specifically denies any responsibility for the accuracy or quality of information obtained through its services.

AGE REQUIREMENT

Subscribers must be at least 18 years of age to register for service with SD's dial-up or email only service, also known as, silicondairy.net. Minors wishing to sign up for service must have a parent or legal guardian complete and sign an account application for them.

RESTRICTIONS

SD's computer network and services may only be used for lawful purposes. Transmission or storage of material in violation of federal, state, or local regulations is prohibited. This includes, but is not limited to, material that is: copyrighted, judged to be threatening, compromises security or privacy, or is protected by trade secret. SD reserves the right to remove or modify, at its discretion, any material in violation of these policies. You agree to comply with the rules and restrictions appropriate to other networks and services connected directly or indirectly to SD. This includes, but is not limited to, the SD's Acceptable Use Policy (available for review at our website silicondairy.net) and the Acceptable Use Policies, established for Usenet and the Internet as a whole which expressly prohibits certain commercial solicitation. You agree to not send unsolicited advertisements ("junk mail" also known as "spam") through the Internet and not to send email to anyone after they have asked you to stop sending them email ("harassment"). You agree to not post material not related to the topic of discussion of a forum ("forum abuse"). You agree not to dial in to one account from more than one computer simultaneously unless otherwise authorized by SD. SD's services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. You may stay connected so long as you are actively using your connection for the above purposes. You agree not to use SD's services on a standby or inactive basis in order to maintain a connection. Unlimited accounts are not defined as dedicated accounts. SD reserves the right to disconnect dial-up users who are idle or have been connected for an exorbitant amount of time. You agree to not attempt to gain access to the SD operating system through a security hole, or by any other means whatsoever, nor to attempt to install any software in the SD operating system. You agree to indemnify and hold harmless SD from any claims resulting from your conduct and/or use of the service which damages you or another party. SD reserves the right to refuse service to anyone, and to terminate any account at any time for reasons including, but not limited to, violation of the Terms and Conditions of this contract, default of payment, or without cause on 10 days written notice by email, US Mail, or fax. SD customers are strictly forbidden to resell or re-allocate bandwidth to a third party for any purpose without SD's express permission. Failure to comply with this condition will result in cancellation of the service at SD's discretion.

PAYMENT OBLIGATIONS

A subscriber must pay fees per SD's monthly rate schedule to obtain access to SD's services and system. A subscriber must also pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by SD from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by SD. Rate changes will be effective when published on-line or otherwise provided to subscribers. All SD service charges are due in advance of the service. Payments not received on the due date are considered delinquent and are subject to immediate suspension. Payments not made within 15 days of original billing date are subject to immediate termination without notice. If you pay by check, a bounced check will result in a $35 service charge. To re-activate a suspended account, a subscriber must call SD to make acceptable arrangements for any delinquent payments in addition to a $5 reinstatement fee. Billing periods are the 7th, 14th, 21st and 28th of each month. Subscriber's initial bill will include a $15 charge for the next month of service and if applicable, a prorated amount for the time between sign up and the next billing period. Thereafter, billing will reoccur on the same day each month. Note: a subscriber's account is billed based on its existence in our system. Accounts are not billed based on a subscriber's usage.

AUTOMATIC ROLL-OVER OF MONTHLY CONTRACT

Subscriber terms are for one month and will automatically roll-over and renew monthly. SD will not provide notice to subscribers at the end of their monthly term or of any automatic roll-over other than an electronic invoice sent to the subscriber's email address.

REFUND POLICY

If an account is canceled within 14 days of the initial sign-up date ("trial-period"), the customer is entitled to a refund of some or all of the amount charged. If payment is by credit card, the customer is entitled to a full refund, credited to their credit card. If payment is by check or refund by check is requested, the customer is entitled to a full refund of the initial months charge, less a $10.00 service charge for processing. If a subscriber previously had an account with SD, the 14 day "trial period" does not apply. No refunds will be issued for cancellations in the first 14 days of the billing period for prior subscribers. Other full or partial refunds will be at the sole discretion of SD.

ACCOUNT SUSPENSION & CANCELLATION

Upon notification of a subscriber's intention to cancel service with SD, the subscriber's account will remain active on our system until the end of the subscriber's billing period. Cancellations can only be accepted via the telephone at (802)846-4433 with one of our customer service representatives. We cannot and will not accept cancellation requests submitted by fax or electronic mail. We will NOT grant refunds for account cancellations after the first 14 days of the first months service has past. Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.

Please note that SD may take up to 10 business days to re-activate any account that was terminated due to non-payment. In addition, SD reserves the right to cancel any account at any time.

JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of The State of Vermont without regard to choice or conflict of law principles. Any legal action or proceeding arising under or relating to the Agreement shall be brought in the State or Federal Court in the State of Vermont.

SURVIVABILITY

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall still remain enforceable and valid to the greatest extent permitted by law.

ACCEPTANCE

This Terms of Service agreement is effective when you sign and return it to us via FAX (802) 846-4434 or mail sent to Silicon Dairy, LLC, Attn: New Accounts, 3060 Williston Rd. Box #10, South Burlington, VT 05403, OR when you accept these terms by clicking the "I ACCEPT" button during on-line (electronic) sign-up, OR or upon use of Silicon Dairy LLC.'s services, whichever occurs first. Your use of Silicon Dairy LLC.'s services means you continue to accept this Terms of Service agreement, and all of its terms and conditions, in its current form.