Use of the services, software and underlying systems provided by Bee
Enterprises, Inc. (operating as Bee.Net Internet Services, and
referred to herein as "Bee.Net") and its vendors
(collectively referred to as "the Services") constitutes
your (the "Customer") acceptance of this
Agreement. This Agreement may be changed at any time, and without
notice, at the sole
discretion of Bee.Net. The most current form of this Agreement
and takes priority over all prior forms of this Agreement and any other prior,
current or subsequent agreements or forms of
communication between Bee.Net and its Customers, written or oral, unless the
provisions and term of a specific written agreement is mutually agreed to in
writing by the Customer and the President of Bee.Net. It is expected that the Customer
will review this Agreement periodically to ensure that they continue
to agree with all of its provisions.
Each Bee.Net Customer is responsible for ensuring that its family members, staff, or other persons who utilize the Services, know and abide by the terms of this Agreement.
Bee.Net exists for the benefit of its Customers. Assuring this requires that its Customers practice ethical and responsible behavior in their use of the network and related services. With this as a guideline, the following criteria are used to determine acceptable uses of Bee.Net:
The use of Bee.Net's or its vendors' systems to store or transmit information whose content or meaning, or its possession, distribution or transmission, violates any applicable laws or regulations is prohibited.
Activities which disrupt or interfere with the performance or functional behavior of networks or systems accessible via Bee.Net is prohibited. Such interference or disruption includes, but is not limited to: propagation of computer worms or viruses; the transmission of information which, by virtue of its content, amount, or routing, degrades the performance, functionality, or reliability of any network or system.
Activities which interfere with personal productivity, privacy, or comfort of users of systems or networks accessible via Bee.Net is prohibited. Such interference or disruption includes, but is not limited to: distribution of unsolicited advertising or recruiting materials; transmission of annoying amounts of information not desired by the recipient or recipients; impersonating another user; attempting to gain access to or use the passwords or access codes of another user; and altering or deleting information belonging to another user.
Information and resources accessible via Bee.Net are considered private to the individuals and organizations which own or hold rights to them unless specifically stated otherwise. Thus, the use of Bee.Net to make unauthorized access to, or use of, information or the computing or communication systems at other sites accessible via Bee.Net is prohibited.
Bee.Net's shall have the right to reasonably enforce the
use agreements of its vendors, which includes but is not limited to the
Bee.Net's MXBEE.NET email filtering service is powered by Proofpoint. MXBEE.NET customers agree to comply with the Proofpoint Essentials End User License Agreement, which is incorporated herein by reference: Proofpoint Essentials EULA
Remote Control Console Outlook Plug-in Software
Incorporated herein by reference: Remote Control Console Outlook Plug-in Software EULA
Bee.Net reserves the right to terminate any account at its sole discretion. Although prepayment for services generally allows a Customer to take advantage of prepayment discounts, such prepayment does not constitute a term of service contract. If an account is terminated for any reason other than a violation of Bee.Net's Acceptable Use Policy, the Customer will receive a prorated refund of nondisputed paid amounts.
Bee.Net Customers who are found to be in violation of Bee.Net's Acceptable Use Policy are subject to termination of Bee.Net services, with the forfeiture of all fees paid to Bee.Net. The forfeited amount, and, additional charges, if necessary, shall be used to satisfy administrative charges at the rate of $100.00 per hour for time required to deal with third parties who have been impacted by the offending Bee.Net Customer.
Disclaimer of Warranties
Bee.Net and its suppliers make no warranties regarding the quality, reliability, timeliness or security of the services or software, or underlying systems or that the services, the software or the underlying systems will be uninterrupted or error free. Bee.Net and its suppliers assume no responsibility or liability for the deletion or failure to store properly e-mail messages or other files on its e-mail, web, ftp, or other servers. Customers and users assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the services, the software or underlying systems.
Bee.Net's Right to Perform Maintenance Procedures
Bee.Net will normally perform scheduled maintenance during non peak operating hours. However, Bee.Net reserves the right to perform scheduled and unscheduled maintenance of its servers and network as deemed necessary in its sole discretion, and without prior notice. If a server or servers are expected to be down or unreachable for an extended period of time, Bee.Net will provide status updates on its voicemail system, by replacing the welcome message therewith.
The mail server space allotment provided by Bee.Net or its vendors is not intended for archival storage of e-mail messages. Customers are expected to download their e-mail messages within a reasonable time period after such e-mail messages are received by the mail server, and provide their own means for making backup copies of the downloaded messages if backup copies are desired. As such, and subject to the "Disclaimer of Warranty" provision and the other provisions of this Agreement, Bee.Net reserves the right to delete from its e-mail servers at any time, and without prior notice, e-mail messages which are greater than 30 days old.
In the event of any unplanned disruption of provision of the services or underlying systems during which customers or users are unable to access or use such services or systems due to a confirmed problem in the systems and not resulting from any Force Majeure Event ("System Outage"), Customer's and user's sole and exclusive remedy is the refund of the pro rata portion of the price paid for the affected services during the period of the system outage if such period lasted for a continuous twenty-four (24) hour period or longer. CUSTOMER OR USER AGREES THAT THIS SECTION STATES CUSTOMER'S OR USER'S SOLE REMEDY AND BEE.NET'S EXCLUSIVE LIABILITY FOR ANY SYSTEM OUTAGE OR OTHER SERVICE DISRUPTION. In any event, Bee.Net's entire liability, and Customer's or User's exclusive remedy for any damages from any cause whatsoever, regardless of form or action, whether in contract, negligence or otherwise, will in no event exceed an amount equal to the amount paid by customer for the services in the calendar month in which the act or omission that gave rise to the liability occurred.
Customer or User will defend, indemnify and hold Bee.Net harmless from and against any and all claims, actions or demands resulting from Customer's or User's use of Bee.Net's or its vendors' services.
Bee.Net has made every effort to create a price schedule for its services that will withstand minor variations in vendor pricing. However, Bee.Net reserves the right to modify its pricing at its sole discretion, thereby rendering current prices invalid.
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