Iron Bay Computer and Design Inc., hereafter referred to as
IronBay.Net, owner and operator of IronBay.Net makes no warranty,
expressed or implied for any services provided. Fitness for a
specific purpose is at the sole discretion of the person or persons
who use the services of IronBay.Net. The person or firm who orders
or has ordered service from IronBay.Net is hereafter referred to as
Client agrees that IronBay.Net will not be held responsible for any
damage or loss that Client may suffer as a result of, but not
limited to, the loss of data, delays, service interruptions,
telephone equipment failures, non deliveries, or any other
communication disruptions caused by IronBay.Net, and/or errors or
omissions of Client. Client agrees to indemnify and hold IronBay.Net
harmless from any claims including attorney's fees, resulting from
Client receiving IronBay.Net services which cause direct or indirect
damage to a third party.
3 Dial-Up Access
IronBay.Net provides attended interactive access to the Internet.
IronBay.Net reserves the right to refuse, limit or otherwise
restrict service to Clients with unreasonable usage. Unreasonable
uses include, but are not limited to, large idle times and excessive
Accounts with greater than 250 hours per month will moved to a
"Special Access Account" to cover the cost of maintaining a dial
line for their use. The customer will be responsible for the
increase cost of this account type.
Connections that sit idle for 15 minutes or more may be
disconnected. Clients with excessive connect times are subject to
periodic automatic disconnection to improve access availability for
other Clients. Clients that attempt to maintain a connection with
little activity for long periods or that try to simulate activity
will be asked to stop this practice or upgraded to a "Special Access
Account". IronBay.Net reserves the right to suspend the account or
take other appropriate action.
4 DSL or Wireless Install
In order to install DSL services a DSL modem or Network Interface
Card may need to be installed in the customer's computer, which
involves opening the customer's computer. Adding hardware to
customer's computers can involve installing software drivers that
may modify other system files. IronBay.Net does not warrant that
installing hardware into the customers computer will not disrupt the
normal operations of the computer or cause the lost of files.
IronBay.Net recommends that the customer back-up all data prior to
the install of DSL services.
5 Wireless Service
IronBay.Net will make reasonable efforts to ensure to the customer
that Wireless Service is available to you 24 hours per day, seven days
per week. It is possible that there will be service interruptions
due to scheduled or unscheduled network maintenance, acts of God,
etc. IronBay.Net will make sufficient efforts of notifying customers
of planned service outages via updates on the IronBay.Net web site.
IronBay.Net reserves the right to refuse, limit or otherwise
restrict service to Clients with unreasonable usage. Unreasonable
uses include, but are not limited to excessive mail checks and or
excessive bandwidth utilization. IronBay.Net reserves the right to
monitor and charge for excessive bandwidth utilization.
5.01 Open or
Sharing Wireless Routers
IronBay.Net views a
connection to your home or Business as one connection, your are
permitted as such to use at your discretion for personal or business
use with that being said your are not permitted to share your
connection with others outside of your home or business. Open access
points lead to security risks for all involved. If your wireless
network can be connected to by others you risk losing your account
with IronBay.Net or being charged as a hot spot. Hot spot prices
start out at $50.00 a month in addition to your normal charges.
Multiple devices that offer connections to IronBay.Net's network are
viewed as a commercial Hot Spot sharing your wireless network to
extend to other homes or business's is not permitted unless you have
authorization from our office. If you are found to have open access
point (s) you are sent a letter to correct the issue, if the issue
is not corrected in 30 days your account will either be suspended or
billed at a rate of a minimum of $100.00 plus your normal amount.
A second offense will
be termination of your account.
Client agrees that IronBay.Net will not be held responsible for the
security of the Clients computer. IronBay.Net provides the customer
with a direct connection to the network. IronBay.Net does not
warranty that any files or data sent to or received by you over the
network, or communications directed to or received from outside of
the network, will not be subject to unauthorized access by others or
that other users will not gain access to your home computer.
7 Technical Support
IronBay.Net's Helpline is designed for new customers having problems
connecting to IronBay.Net's Wireless or Dial-Up service and for e-mail
connectivity issues only. Technical Support beyond initial
connectivity problems is available for a nominal fee. IronBay.Net's
Helpline currently supports Internet Explorer and Outlook Express.
All other software support must come from the software
vendor/manufacturer. IronBay.Net will not support customers with
problems beyond the web browser and e-mail client software that
IronBay.Net provides to the customer. All other software on the
IronBay.Net CD-ROM or Floppy Disk is provided for the customer's
8 Monitoring and Logging
IronBay.Net reserves the right to monitor, log, archive and manage
any and all transactions and services offered.
IronBay.Net will provide any and all assistance necessary to fulfill
local, state or federal laws and regulations. Confidential
information will be only released as necessary for operation and
maintenance or as necessary for due process of law.
Dial in access is a local call in many, but not all, areas of
Michigan. Long distance charges may be incurred if Client is not
within the local dialing area of one of our access sites. It is the
responsibility of Client to check with his local telephone company
to determine the local calling area. IronBay.Net will not be held
liable for these charges.
11 User Liability
Client will be responsible for all transactions made with the
requested account. This includes but is not limited to any financial
transactions, email sent, and any other transactions made via this
service. Client is responsible to abide by all local, state, and
federal laws and regulations.
12 Content Control
IronBay.Net exercises no control over content from the Internet or
access to content on the Internet not owned by IronBay.Net. Client
assumes all responsibility for information derived from the
Internet. Client further assumes all responsibility for content sent
through that account. The term "Unlimited", when used by
IronBay.Net, refers to not limiting a Client's ability to web surf
to a site: IronBay.Net does not restrict the World Wide Web due to
13 Client Exclusivity
Client is responsible for all parties that use the service with or
without the consent of Client. For personal accounts Client agrees
that these parties shall be limited to only that customer and
immediate family living in the same household. For business accounts
Client agrees that usage will be limited to the named business and
those listed in authorized roles or capacities.
14 Email, IronBay.Net Forums, Classifieds and USENET Abuse
Client agrees not to falsify any user information, including senders
e-mail address or other message identification. Client agrees to not
send unsolicited mass mailings (or solicited mailings to more than
25 addresses) . Client agrees not to post a single article or
advertisement to more than 10 Usenet or other newsgroups, forums,
email mailing lists or other similar groups or lists.
Client agrees not to post to any Usenet or other newsgroups, forums,
email mailing lists or other similar groups or lists, articles which
are off topic according to the charter or other owner published FAQ
or description of the group or list. Client agrees not to post a
single advertisement to more than 10 forums where such posts are
acceptable. Client agrees not to use the IronBay.Net Forums for any
commericial advertisement(s). Any charges for investigation, legal
action, or other, incurred as a result of abusive actions by Client
are the responsibility of Client and may result in immediate
termination of the account. Complaints processed by IronBay.Net will
be subject to a per complaint processing fee.
In order to improve IronBay.Net mail service, we have adopted the
Email which has been read by the customer but is left on the
IronBay.Net mail server will be deleted after a period of 30 days.
In January of 2013 we
have adopted the use or lose it policy regarding email accounts, if
you choose not to use your email account 45 days since your last
login your account will be deleted and any or all of your email will
be gone. If you are no longer an IronBay.Net customer and you would
like to forward your email to your new address please call the
office and make the request.
If an email box exceeds 20 megabytes (20M) all additional mail will
be refused with a message indicating that the email box is full.
IronBay.Net scans for virii and spam. IronBay.Net does not guarantee
that any virus or spam will be detected. Users are encouraged to
employ virus detection on their personal computer. Housecall is a
free, online virus scanner from Trend Micro, Inc.
IronBay.Net does not provide instructions for use, nor technical
support for anti-virus programs. IronBay.Net furthermore is not
responsible for any computer problems resulting either from having a
virus or from removing a virus.
15 Dial Line Exclusivity and Multiple Acts
Only one login per dial in account is allowed.
Client agrees not to perform activities that cause disruption or
degradation of network operation, performance, or services. This
includes but is not limited to abusive language or postings, mail
checks at intervals less than 10 minutes apart, mail bombs, programs
which flood other users or the network, or the sending of bad data
with intent to interfere with other users' systems, attempts to gain
illegal access to sites or any other malicious acts whether
intentional or not. Criminal activity including but not limited to
ip spoofing, or attacks against other system will be prosecuted to
the fullest extent of the law.
17 Non Transferability
This account is non-transferable, and resale or use of the
connection by another organization or unnamed agent is prohibited.
If fraudulent usage is detected the account will be terminated
without notification or other appropriate action, as deemed, by
IronBay.Net, will be taken.
18 Changes in Terms of Service
IronBay.Net reserves the right to change the terms of service at any
time. The terms of service will be posted and maintained on the
IronBay.Net web site. It is the responsibility of Client to know and
abide by the Terms of Service Agreement. In addition IronBay.Net
reserves the right to refuse service to Client who does not abide by
the terms of service.
Users whose computers are determined by IronBay.Net staff to be
infected by a virus will be notified of such and, if known, what
particular virus has infected the computer. It is the responsibility
of the user to disinfect their computer. If user has not eliminated
the virus from their computer(s) by the third notification from
IronBay.Net, their account will be suspended and a fee added to
An account suspended due to virii will not be granted a credit
towards the time the account was inactive.
IronBay.Net will publish a notice of fee increases, decreases or
modifications thirty (30) days before such increases take effect.
Service is invoiced monthly in advance. Service may be disconnected
at any time with no disconnect fee. No partial credit is given for
accounts disconnected during the month. Payment is due 17 days after
the date of the bill. Accounts are labeled default if payment is not
received within 17 days of the date on the bill. If Client's payment
is returned to us unpaid, Client is immediately in default and
subject to a returned check charge. Accounts unpaid after the due
date of the bill may have their service interrupted. Such
interruption does not relieve Client from obligation to pay the
monthly charge. Accounts in default are subject to a late payment
charge. Client will be responsible for a reconnect fee to remove
accounts from suspended status or to reconnect Client's service if
it has been terminated. Client acknowledges responsibility for any
and all charges on the account until payment is made in full even in
the event of interruption or termination of Client's account.
Iron Bay respects
your privacy and this is our policy.