TERMS OF SERVICE

Thank you for choosing Spitfire for your Internet service needs. Spitfire has developed a complex infrastructure of up- to-date network and data serving equipment in order to make your access to the Internet ("Spitfire service") reliable and user friendly. While Spitfire attempts to encourage quality and accuracy of information available through its system, we exercise no control over the content on the Internet, and therefore, Spitfire cannot be held responsible for incorrect information.

By registering for any Spitfire service, the user agrees to the terms and conditions specified in this document. Spitfire reserves the right to make changes and supplement this document at any time, with the condition that changes will be published on the Spitfire worldlinkisp.com Web Site, (http://www.spitfire.net). Users will be notified via electronic mail ("email") of changes affecting the services to which they subscribe.

LAWFUL USE

Spitfire's service may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Spitfire's service shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Spitfire must comply with the rules, regulations, terms, policies and/or conditions for such other networks. For purposes of tracking security breaches as well as general system administration, Spitfire users agree to random monitoring of activity while logged on to any of its systems.

No current or former Spitfire customer, employee, contractor or affiliate may use programs or methods intended to, or as a possible side-effect of their use, compromise the security of any system or device on our network or any external network, or attempt to bring about a denial of any form of service on our network or any external network.

PUBLISHING GUIDELINES

Residential users of Spitfire's service may publish personal home pages only. Residential users wishing to publish pages of a business nature must publish them with Spitfire's business web services, available through a business account. A business-oriented page is described as any page that advertises, promotes, markets or disseminates information about products or services including, but not limited to, the use of phone numbers, addresses, product descriptions, etc. for the purpose of generating a product inquiry. Spitfire, at its sole discretion, reserves the right to suspend or cancel, without notice, user accounts for misuse related to the above. In addition, any user publishing a business-oriented page on Spitfire's residential service assumes financial responsibility for the difference between the amount paid for a personal account and a business account. User agrees that Spitfire is authorized to charge the user's credit card for such costs.

MAIL AND NEWS GROUP USAGE

In order to maintain an efficient environment for the exchange of information, Spitfire will not facilitate the transmission of harassing or mass unsolicited email in any form, and therefore such activity is strictly prohibited. Using or storing programs or methods designed to conceal the author's identity by forging header information is also prohibited. Pittsburgh Connect users may use anonymous re-mailers so long as they are used legally and in accordance with Spitfire’s policies and procedures as set forth from time to time.

Using programs to collect email addresses from mailing lists, newsgroups or Web sites ("address harvesters" or "extractors") is strictly prohibited. Additionally, the use of any form of bulk emailer system to deliver unsolicited mail in any amount is strictly prohibited.

The use of "opt-out" mail distribution techniques is strictly prohibited. "Opt-out" techniques require users to do something proactively not to receive future emails from a source they never originally requested to receive email from. This includes requiring users to send email to "remove" addresses in such cases. "Opt-in" lists, where users specifically elect to receive your mailings, are permitted, provided ample proof is submitted in advance of the mailing that users actually elected to receive mail from you. If proof of opt-in is not provided in advance, any mass-emailing is prohibited and will be cause for immediate termination of service and a cleanup fee of $1000.

Spitfire does not restrict news postings on the basis of content with the exception of postings that contain illegal information or violate Spitfire's terms and conditions of service. Posting ten (10) or more separate copies of the same message ("spamming" or "excessive multi-posting") or cross-posting a message to 10 or more newsgroups ("excessive cross-posting") or making posts for the purpose of promotion of any product or website is strictly prohibited and subject to a cleanup fee of $1000, in addition to the termination of the account. Posting messages in defiance of a newsgroup charter or FAQ is strictly prohibited. If you don't know if you can post it, ask. Users who violate these rules may be subject to additional charges for resources spent responding to complaints, deleting unsolicited correspondence and account cancellation.

Evidence that the user is participating in any referenced prohibited activities may result, at Spitfire's sole discretion, in the immediate cancellation or suspension of the user’s account.

Spitfire reserves the right to communicate information of a commercial or non-commercial nature to its users that it believes will enhance the benefits of the Spitfire service.

CHANGES TO SERVICE

The services provided by Spitfire are expected to change as technology changes and systems are upgraded. Spitfire reserves the right to change any service offered or the features of any service offered on its network without notice to the user, including changes to access and use procedures such as idle connections, and all system hardware and software.

PAYMENT TERMS

For Spitfire users who are billed monthly, the first monthly service fee will be billed the day the account is created. The first day of billing will become the regular billing date in each subsequent month thereafter. Rate changes are effective when published on-line via Spitfire's worldlinkisp.com web site (http://www.worldlinkisp.com), and/or otherwise provided to users (by electronic mail to their PghMail.com account). Spitfire will make every effort to notify users of a service rate increase at least thirty (30) days in advance of such change.

Spitfire offers convenient payment methods including credit cards and debit cards. Spitfire does provide monthly billing as a payment option, however, user will be charged an activation fee in the amount of $5 with this payment option.  All users who pay by check will be billed in six (6) or twelve (12) month increments. There will be a service charge applied to all returned checks in the amount of $30.  For users who pay by ACH, there will be a service charge in the amount of $30 for payments rejected due to non-sufficient funds.  Users will be billed by Ad-Base Systems, Inc., Spitfire’s billing company.  There will be a service charge in the amount of $30 for wrongfully stopped payments because the user did not recognize Ad-Base is the proper billing company for Pittsburgh Connect.

If payment is not received within five (5) days of the billing due date, due to any reason including, but not limited to inaccurate billing address, inaccurate credit card number, expired credit card, unauthorized credit card, and/or insufficient funds, Spitfire may suspend and/or cancel all user privileges. If a user has two or more credit card declines in a one-month period, an additional service charge will be applied in the amount of $30. To continue service, the user must pay in advance an amount equal to six months of service charges according to the terms of their agreement. The user is responsible for any and all fees including, but not limited to, attorneys fees, legal and court costs, required for the collection of the user's past due account.

Pittsburgh Connect's business clients will be billed according to the terms of their master services agreement.

PAST DUE ACCOUNTS AND COLLECTIONS

If payment is not received on or before the user's billing due date, for any reason including, but not limited to, inaccurate billing address, inaccurate credit card number, expired credit card, unauthorized credit card, and/or insufficient funds, Spitfire will charge the user a late fee up to 2.5% of the past due amount, not including previous late fees, with a $5 minimum. If the account goes to collection for any reason, the user is responsible for any and all fees including, but not limited to, legal and court costs, incurred for collection of the user's past due account.

TERMINATION AND SUSPENSION

Spitfire may, in its sole discretion, terminate the user's account at any time with or without cause. Spitfire also may, at its sole discretion, suspend a user's account at any time with or without cause. TERMINATION OR SUSPENSION FOR CAUSE DOES NOT RELEASE THE USER FROM LIABILITY FOR CHARGES DUE AND OWING.

Spitfire may delete all data, files or other information that is stored in user's account upon termination. If payment has not been made pursuant to these terms and conditions, Spitfire may exercise it's right to delete data files stored in the user's account. Once an account has been deleted, the username for that account becomes available to any new user. Furthermore, the user will be obligated to pay all unpaid balances and an activation fee to have service reinstated. Spitfire may, in its sole discretion, terminate or suspend the user's account in order to satisfy the safe harbor provisions of the Digital Millennium Copyright Act.

 

CUSTOMER CANCELLATION

All charges not disputed within thirty (30) days of the statement date are final. Any charges for extended services, other than monthly charges, are not refundable. It is the user’s responsibility to request and receive a cancellation confirmation number when canceling their service. Cancellations are valid only if the user has a valid confirmation number for each account. No refunds will be issued on accounts for services provided prior to the date of deactivation unless the cancellation takes place during the trial period.

SPITFIRE'S LIMITED USE PRODUCT

Whether or not Spitfire's dialup product is limited or unlimited depends on which account the user signs up for at activation. The user choosing an "unlimited" account will not incur any additional hourly fees regardless of how many hours of Internet usage are accrued per month. Unlimited access DOES NOT mean that access is to be used twenty-four hours a day, seven days a week. For such access, premium grade or business services exist. Spitfire will be the sole arbiter of what constitutes abuse of "unlimited access" and what accounts must upgrade to a premium or business service. Users choosing a "limited" account are able to log onto the Internet at no additional charge for up to their designated hourly amount. After surpassing the hour limit, the user will automatically be billed $2.00 per hour for every hour of usage over the hour limit. This charge will be prorated on a per minute basis. Spitfire is not responsible for charges incurred by users utilizing Spitfire's limited use product after surpassing their hour limit.Users subscribing to the Free Plan account will automatically be billed one cent per minute for every minute of usage over the designated minute limit for each time allotment (i.e., morning, PM and off-peak). Spitfire is not responsible for charges incurred by users utilizing Spitfire’s Free Plan product after surpassing their minute limit.

Users choosing a “limited” account are able to log onto the Internet at no additional charge for up to their designated hourly amount. After surpassing the hour limit, the user will automatically be billed $2.00 per hour for every hour of usage over the hour limit. This charge will be prorated on a per minute basis. Spitfire is not responsible for charges incurred by users utilizing Spitfire's limited use product after surpassing their hour limit.

CAMPING ON SPITFIRE'S NETWORK

While you are free to dial in at any time, it is not a dedicated connection. When you are not actively using the system, Spitfire requests that you log off to ensure that connections are available for other active users. Spitfire may utilize detection programs to ensure that users are not using automated programs just to keep the connection alive. In these circumstances, Spitfire will proactively discontinue the connection. If such activity continues, Spitfire will terminate service in accordance with the Termination and Suspension policy outlined above.

SOFTWARE

Spitfire, through its partnerships, provides PC software needed to access its services free of charge. Directions on how to obtain this software can be found in the Spitfire worldlinkisp.com website (http://www.worldlinkisp.com) on the "Downloads" page. The software provided by Spitfire is designed to completely automate setup and use of our service on any properly configured and properly operating PC that meets the minimum requirements to utilize our service. Those users requiring extra assistance may contact Spitfire's Internet services department for assistance configuring this software for their machines and for use with Spitfire's systems. Our customer service number is (412) 440-2000.

Spitfire services may allow users to link to other Internet software that is "shareware" or "freeware." Spitfire is not the author of, or otherwise responsible for, any such software nor is Pittsburgh Connect actively engaged in the sale or licensing of such software. Pittsburgh Connect makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to users. Spitfire accepts no liability of any kind with respect to such software or any damages resulting from use thereof. The user assumes all risk of all kinds with respect to such software. The user, and not Spitfire, shall pay any and all shareware license fees. The user cannot assert any claim against Spitfire with respect to any shareware or freeware obtained while using Spitfire services.

NO WARRANTY; LIMITATION OF LIABILITY

The use of Spitfire services, and the Internet in general, is at user's sole risk. Spitfire does not warrant that its services and/or access to its network will be uninterrupted or error free; nor does Pittsburgh Connect make any warranty as to the results or information obtained from use of its service or system or the Internet in general. Spitfire's services are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall Spitfire be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits.

Spitfire does not guarantee the accuracy of its local phone number search results. Spitfire strongly recommends that user confirms with its local telephone provider that the access number user wishes to use is a local, toll-free call. Under no circumstances will Spitfire accept responsibility for telephone toll charges incurred while accessing Pittsburgh Connect's network.

 

INDEMNITY

The user agrees to indemnify and hold harmless Spitfire, its directors, officers, shareholders, agents, employees and its customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of, or resulting from, any and all use of Spitfire services and/or its network, whether or not authorized including, but not limited to, claims of intellectual property infringement, including copyright infringement.

NON-TRANSFERABILITY

User's account and the right to use Spitfire's services and system are non-transferable unless Spitfire's gives its consent in writing. User agrees to protect its password and account and to keep them secure from unauthorized users and use. If Spitfire discovers that the user's account is being used improperly for any reason, Spitfire, it its discretion, can at any time suspend or cancel the user’s account.

STATEMENT OF CONFIDENTIALITY

Electronic mail and other transmissions passing through the Internet and through Spitfire's system are not confidential. Accordingly, Pittsburgh Connect cannot guarantee the protection or privacy of any information of any user. Spitfire reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Spitfire. Spitfire will not disclose any such information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

DIGITAL MILLENIUM COPYRIGHT ACT NOTICES

For problems arising under the Digital Millennium Copyright Act, please contact us at:

Spitfire, 325 Mt. Lebanon Blvd., Pittsburgh, PA 15232

Voice: 412.440.2000 -- Fax: 412.531.6050

Email: webmaster@worldlinkisp.com

ACCEPTANCE

By accepting service from Spitfire, the user agrees to all of the terms and conditions contained herein. These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of these terms and conditions shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of Spitfire. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to choice of law principles.

Authorization and Digital Signature

By accepting this agreement or using any services offered by Spitfire the user acknowledges that a digital signature has been made according to the laws of the Commonwealth of Pennsylvania. This digital signature applies to the Terms and Conditions and also any charges to the user's credit card, bank account or other instrument of payment that has been provided to Pittsburgh Connect.
Thank you again for choosing Spitfire as your Internet Service Provider!