No warranty's are made regarding the
service. We do not guarantee that the service
will be uninterrupted or error free. We
exercise no control whatsoever over the
content of information that is passed through
our system. The service is provided on an "as
is" basis.
User shall assume all responsibility for
all content distributed, accessed, or viewed
while connected to our service. Under no
circumstance shall we be held liable for your
actions while you are using the service. In
the event of a court order, we may provide any
and all information that they request of us to
them.
Under no circumstances shall we, our
agents, our providers, or employees be liable
for any damages, which result in any way from
user's use or inability to use the service or
any part thereof. This includes all direct and
indirect damages, special, punitive or
consequential damages that may result from
busy signals, errors, delays in the service,
deletion of files, viruses, theft, or
alteration of a user's computer. In the event
that we are found liable under any
circumstance under the terms of this
agreement, our liability shall be limited to
the unused balance of user's subscription
payment pro-rated to reflect the current term.
User represents to us that he or she is 18
years of age or older. User understands that
certain materials available from Service
provided under the terms of this Agreement may
not be suitable for individuals under the age
of 18.
User understands that the Internet contains
unedited materials some of which are sexually
explicit or may be offensive. User accesses
such materials at his or her own risk. We have
no control over and accept no responsibility
whatsoever for such materials.
User understands that the following
restrictions are applied to the service:
Engage in any illegal activity.
Dialup Restrictions
We do not market Hotdial.net service as
"dedicated", but rather as "unlimited". We
define "unlimited" as connecting an unlimited
number of times up to 15 hours per day. This
allows 450 hours per month in a 30 day month.
Please keep in mind, that we are a consumer
service, and not designed for people who
require an "always on" connection with long
periods of inactivity.
We reserve the right to cancel any account
that frequently goes over their 15 hours per
day time limit. The first month that a user
exceeds their time limit, they will be warned.
If user exceeds their time limit a second
month, their account will be terminated and we
will block their caller ID number from our
networks.
User agrees to allow provider to force a 10
minute idle timeout and 5 hour maximum session
on their dial-up account. Attempts to defeat
the idle timer using a ping bot or system
tool, or the use of a redialer to
automatically reconnect once disconnected is
prohibited. Inactivity is defined as less than
500 bytes of data transferred between User's
modem and the service.
The right to use the Service is not
transferable. Accounts are for User's use
only. User shall be responsible for the
confidentiality of User's password. Loaning
User's account to others, connecting a system
used by multiple persons, group use of user
log-ins, and consuming more than one modem
line are explicitly prohibited. If User has
multiple accounts, then User shall be limited
to one log-in session per system account at
any time.
Email Restrictions
Email is kept on the server for only 60
days.
Right to Cancel
We reserve the right to cancel Service for
any reason without prior notice. In the event
that a user's service is cancelled for a
reason outside of this TOS, we will refund the
user the unused portion of that month's
service at the time of cancellation if user
did NOT violate this TOS.
System Backups
We do not and will not perform system
backups on any User's E-mail account(s). We
shall not be held responsible for any lost
E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning
for data loss or system causes. Except as
otherwise set forth herein, we will not
provide historical data, to any party for any
reason, regarding any system or Internet
activity.
No Confidentiality
Information transmitted through us and
through the Internet in general is not
confidential. We can not and shall not
guarantee privacy or protection of any User.
We reserve the right to monitor any User's
transmissions when deemed necessary for
providing proper service and/or to protect the
rights and property of our company.
Privacy Policy
Hotdial.net will not use or sell your email
address or personal data to any 3rd party,
with the exception that if Hotdial.net sells
the majority of its assets or business, it may
provide this data to the purchaser of the
business so that they can continue providing
service to the Hotdial.net end-users or where
required by law.
Billing Policy
Upon signup, the end-user will be billed
immediately for their first months service in
a prorated amount. On the 26th of every month
the user will be billed again for their next
months service.
All reoccurring transactions take place on
or around the the 26th of every month. It is
the End Users responsibility to ensure that
Hotdial.net always has the most up to date
contact and card information for their
account. If the credit card is declined on the
second attempt, the account is subject to
being disabled immediately and terminated
before the last day of the month.
Any billing disputes done through the bank
will result in immediate cancellation of their
Hotdial.net account. Please redirect all
billing disputes to our billing department at
1.425.245.0216.
Hotdial.net accepts payments only by Credit
Card or Debit Card provided by Visa,
MasterCard, American Express and Discover.
Refunds for monthly accounts will not be
issued if the user has logged into their
account within the last 30 days. Refunds for
annual accounts will be issued by subtracting
current monthly charge for months used.
All prices for Hotdial.net services are
advertised in United States currency (USD).
Purchases outside of the US will be adjusted
through billing transaction to reflect the
current exchange.
Cancellation Policy
You can cancel your service in the following manner:
By Phone to: (877) 793-5334 (9 AM - 5 PM PST
M-F)
Please include your name, address, return
phone number, dial-up username, and email
address as well as a request to cancel service
with a reason why you wish to cancel so that
we can better serve our current customers.
We cancel all accounts upon notice and do
not schedule cancellations.
No refunds are given for monthly dialup
subscriptions used within the last 30 days and
no refunds shall be given past 30 days.
Failure to Comply With Terms and
Conditions
We may deny User access to all or part of
the Service without notice if User engages in
any conduct or activities that we in our sole
discretion believes violates any of the terms
and conditions in this Agreement. If we deny
User access to the Service because of such a
violation, User shall not have the right (1)
to access through us any materials stored on
the Internet, (2) to obtain any credit(s)
otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party
services, merchandise or information on the
Internet through us, and we shall have no
responsibility to notify any third-party
providers of services, merchandise or
information nor any responsibility for any
consequences resulting from lack of
notification.
Miscellaneous
In the event that any portion of this
Agreement is held to be unenforceable, the
unenforceable portion shall be construed in
accordance with applicable law as nearly as
possible to reflect the original intentions of
the parties and the remainder of the
provisions shall remain in full force and
effect.
Our failure to insist upon or enforce
strict performance of any provisions of this
Agreement shall not be construed as a waiver
of any provision or right. Neither the course
of conduct between parties nor trade practice
shall act to modify any provision of this
Agreement.
We may modify this Agreement from time to
time by placing a notice of such modification
on our website, and User's continued use of
the Service following notice of such
modification shall be deemed to be User's
acceptance of any such modification. It is
User's responsibility to check this online
area regularly to determine whether this
Agreement has been modified. If User does not
agree to any modification of this Agreement,
User must immediately stop using the Service.
This Agreement shall be governed by and
construed in accordance with the laws of the
State of Washington without regard to its
conflicts of law provisions. Any cause of
action User may have with respect to the
Service must be commenced within one (1) year
after the claim or cause of action arises or
such claim or cause of action is barred.
We shall not be liable or deemed to be in
default for any delay or failure in
performance under this Agreement or
interruption of service resulting directly or
indirectly from acts of God, civil or military
authority, acts of public enemy, war, riots,
civil disturbances, insurrections, accidents,
dire, explosions, earthquakes, floods, the
elements, strikes, labor disputes, shortages
of suitable parts, materials, labor or
transportation or any cause beyond our
reasonable control.
Venue for litigation of any dispute,
controversy, or claim arising out of, in
connection with, or in relation to this
Agreement, or the breach thereof, naming us as
the defendant, shall be proper only in a venue
determined by us.
In any action between us and User to
enforce any of the terms of this Agreement, We
shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire
agreement between User and us with respect to
the Service.