The goal of Sayso Communications, Inc. (SAYSO) is to provide reliable,
high-value Internet services critical to growing our clients businesses.Please read this agreement carefully before you access the Service provided to you by SAYSO. By accessing any service offered by SAYSO you are agreeing to be bound by the terms of this Service Agreement, the Acceptable Use Policy (“Policy”) and any other current Agreement and/or Policy which may be listed at:http://www.sayso.com/policies
SAYSO provides the Service to you subject to your compliance with all of the terms and conditions below, which are collectively referred to as the “Agreement”. The Agreement is intended to establish the terms and conditions of the Service(s) defined in Section 1, and/or Service(s) which may be offered in the future.
SAYSO RESERVES THE RIGHT TO MODIFY AND/OR ADD POLICIES AT ANY TIME WITHOUT PRIOR NOTICE AND TO ADD ADDITIONAL POLICIES AND/OR CHANGE PRICING AT ANYTIME WITHOUT PRIOR NOTICE AND YOU AGREE TO BE BOUND BY THE TERMS OF THOSE AGREEMENTS WHICH MAY BE MODIFIED AND/OR ADDED.
If you do not agree to be bound by all of the terms and conditions you may not access or use any Service provided by SAYSO. Please notify SAYSO in accordance to the instructions in Section 11, and your account will be closed.
Section 1 – Service Agreement
- The Service(s) provided to you by SAYSO may include, but are not limited to, one or more of the following:On-Demand Group Dial-Up Service.
Defined as a server based multi-user attended access account. Attended access is defined as interactive use of an established Internet connection by the account holder or it’s authorized user. Interactive use requires the physical presence of an account holder; in other words, attended access. Pings, bots, and auto-checkers (email, news) used to keep connections running for unattended use are prohibited. Multi-user is defined as any number of concurrent users on a single network accessing dial-up services via a single connection maintained by an IP-Masquerading and/or Network Address Translation (NAT) capable server. Use of a on-demand dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) to the Internet is expressly prohibited.Dedicated Dial-Up Service.
Defined as client and/or server-based single or multi-user attended or unattended access account. A dedicated Internet access account connection may be utilized for the purpose of running Internet servers, such as Web,Chat, FTP, etc.High Speed Access Service.
Shell Access Service.
Electronic Mail Service.
Business E-Mail Service.
Mailing List Service.
World-wide Web Service.
Virtual Web Hosting Service.
Secure (SSL) Web Hosting Service.
Virtual FTP Service.
Server Co-Location Service.
Physical Co-Location Service.
Virtual Machine Service.
Unix to Unix Copy Service (UUCP).
Network Time Service.
- Any means of identification assigned to you by SAYSO in order for you to use the Service(s) is and will remain the property of SAYSO. These means of identification include but are not limited to account usernames, e-mail addresses and hosted domains. At SAYSO’s sole discretion, this identification may be altered or replaced at any time.
- SAYSO makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. SAYSO reserves the right to change the Service at any time with or without notice. Features of the Service which are subject to change include, but are not limited to: pricing, features, use, access procedures, commands, documentation, hours of operation, menu structures, and vendors.
- Client is responsible for the actions of their employees or others with access to SAYSO’s network resources by way of Clients connection to SAYSO. Client agrees to take prudent action to reasonably enforce the Policy by users of their network.
Section 2 – Registration Requirements
- You must be at least 18 years old to register for Service. By indicating your acceptance to this Agreement, you also indicate that you meet this age requirement. Minors who access a Service are assumed to have parental or
guardian consent before accessing the Service.
- You agree to provide SAYSO with accurate and complete billing information. This information must include your legal name, address, and telephone number. Any changes to this information must be reported to SAYSO no later than 30 days after such change becomes effective.
- By indicating your acceptance to this Agreement, you agree that you will be responsible for all charges posted to your account until you cancel the account through contact with SAYSO’s offices in one of the specified methods in
Section 3 – Fees
- Setup fee’s and Service fee’s are nonrefundable.
- Setup fees are only refundable if the order for service is canceled prior to account creation.
- If you are paying for service on a Month-To-Month basis you may cancel service at anytime. Termination of service will occur at the end of your current billing period for which you have paid.
- If pre-paying for service other than Month-To-Month, the service may be canceled at anytime. Termination of service will occur at the end of your current billing period for which you have paid.
- Internet Access is offered by SAYSO subject to the following limitations.
- Local access dialup numbers may not be available in all areas served by SAYSO.
- It is your responsibility to contact your local telephone company to determine if use of a particular SAYSO dial-up number will cause you to incur toll charges. SAYSO is not responsible for paying any long distance or toll charges incurred by you through your use of your SAYSO account.
- Current pricing and information concerning SAYSO services may be obtained by calling (850)224-5737.
- SAYSO reserves the right to change prices and institute new fees. SAYSO will announce price increases or decreases online at the above site at least 30 days
before such changes are to take effect.
- A Service charge of $25.00 will be assessed to a member’s account for each check that is returned to SAYSO for insufficient funds.
- SAYSO dial-up accounts are classified as delinquent if there is an unpaid balance at the beginning of a new accounting cycle. If your account is still delinquent at the beginning of the next accounting cycle, your account may be suspended or canceled at SAYSO’s sole discretion.
- If your account is suspended, regular charges continue to accrue until you cancel your account.
- B) SAYSO may, at its sole discretion, charge a fee of $25.00 to reinstate a suspended account.
- Interest charges of 1.5% per month will accrue daily on any unpaid balance which is more than 30 days old.
- You agree to pay all Sales and Use Taxes, Duties, or Levies which are required by applicable law.
- You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
- If you are paying for service by credit card, your submission of an application to establish service and/or use of service shall be deemed as implicit permission to charge your credit card account for all services and fees.
- If you believe that SAYSO has billed you in error, you must contact the Customer Service Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 30 days old.
Section 4 – Use of the Service
- The Internet connection offered by SAYSO may only be used for lawful purposes. Transmission of any material in violation of any federal, State and local statute is prohibited. This includes but is not limited to copyrighted material, sensitive material, or material legally judged (deemed by local standards) to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless SAYSO from any claims resulting from your use of the service which causes damages to you or another party.
- You must not permit any other individual or entity to access the Service through your account.
- You must ensure that all authorized users of your account comply with all of the terms and conditions of this Agreement.
- You are responsible for maintaining the confidentiality of any and all passwords used by you or members of your organization to access the Service.
- At no time can there be simultaneous use of the same username and password combination, ie. multiple simultaneous logins. Multiple concurrent logins will be considered a request for an additional Internet access account and will be
setup and billed accordingly.
- You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service.
- SAYSO will not hold you responsible for activities and charges attributable to an unauthorized user’s access to your account without the permission of an authorized user of your account, provided that both of the following conditions are satisfied:
- You must notify SAYSO within 24 hours of discovering any such unauthorized use of your account
- The unauthorized use must not be attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
- You are responsible for all local and long distance telephone charges for connection to the Service by you and by those who access the Service through our account.
- SAYSO shall not be held responsible for the installation, configuration, suitability of use or damages of any kind resulting from any Public-Domain, Shareware or Demonstration software made available for downloading from SAYSO’s HTPP or FTP servers.
- You agree not to use the Service or permit others to use the Service through your account in any way which violates any international, federal, state, or local law or regulation; subjects SAYSO to liability; or is in contravention of SAYSO’s Service Agreement, Acceptable Use Policy or other Policy or Agreement at any time without prior notice.
Section 5 – Privacy Statement
- SAYSO does not actively monitor nor does SAYSO exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over SAYSO services.
- SAYSO may monitor the Service electronically and may disclose information regarding your use of the Service.
- You understand and agree that SAYSO may provide your name, subscriber information and information regarding the use of Service by you and others who have access to Service through your account to third-parties.
- This disclosure may be made by SAYSO to satisfy laws, regulations or governmental requests; to operate the Service properly; to protect itself or its members.
- In its sole discretion, SAYSO reserves the right to remove any materials SAYSO does become aware of that are, unacceptable, undesirable, potentially illegal, could subject SAYSO to liability, or are in violation of this or any other Policy or Agreement.
Section 6 – No Warranties Provided
- SAYSO disclaims any obligation or warranty to maintain the confidentiality of customer information or identity, and shall not be liable for any accidental disclosure by other services located on the Internet, the customer, or any other individual or user of the Internet.
- Except for certain products and services specifically identified as being offered by SAYSO, neither SAYSO nor any of its affiliates controls any information, products, or services on the Internet.
- You assume total responsibility and risk of use of the Service and the Internet by yourself and/or authorized users of your account.
- Neither SAYSO nor its affiliates make any express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information, or service provided through any SAYSO Service or on the Internet generally.
- Neither SAYSO nor its affiliates shall be liable for any costs or damage arising directly or indirectly from any such transaction.
- It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advise, services, information and the quality and merchantability of all merchandise provided through the Service or on the Internet generally.
- The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the Service through your account.
- You access such material and permit others to access such materials through your account at your own risk.
- SAYSO has no control over and accepts no responsibility for such materials.
- The Service is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
- No advice or information given by SAYSO, its affiliates, employees, contractors or their respective employees shall create a warranty.
- Neither SAYSO nor its affiliates warrants that the Service will be uninterrupted or error-free or that any information, software or other material accessible on the Service is free of viruses, worms, trojan horses or other harmful components.
Section 7 – Your Remedies
- If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your SAYSO account in one of the methods outlined in Section 11.
- Under no circumstances shall SAYSO, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of the Service or the use of others accessing the Service through your account or your inability to use the Service, access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, comissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance.
Section 8 – Indemnity
- You agree to defend, indemnify, and hold SAYSO and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, related to or arising from:
- Any violation of this Agreement by you or those who access the Service through your account.
- The use of the Service or Internet.
- The placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
- 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. The remainder of the provisions shall remain in full force and effect.
- SAYSO’s failure to insist upon or enforce strict performance of any provision 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.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions.
- Any cause of action you 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.
Section 9 – Term of Agreement
- This Agreement is effective from your acceptance of these terms and conditions, which is indicated upon the first use of the Service through your account.
- 2. If you are a current SAYSO member when this Agreement is activated, your continued Service signals your acceptance of the terms of this and any other Policy or Agreement.
- 3. If any one or more paragraphs in this agreement are found illegal, unenforceable, or invalid, all other paragraphs shall remain valid. All terms of this agreement shall be adjudicated per the laws of the State of Florida
Section 10 – Termination of Agreement
- 1. You may terminate this agreement at any time by using only the methods outlined in Section 11. Your termination will only be completed upon your receipt of confirmation from SAYSO. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail. E-Mail cancellations will not be accepted. Charges to your account will stop accruing the day you receive confirmation. SAYSO does not issue pro rata fee refunds.
- Only the registered user of the Service or his or her legal representative may terminate this agreement. In the event of cancellation by the registered users legal representative, documentation of legal authority will be required.
- SAYSO may terminate this Agreement:
- At any time upon 30 days prior notice.
- Immediately upon notice if:
- You, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 of this Agreement.
- You fail to pay any invoice within 30 days of the date of the invoice.
- Upon termination of this Agreement, all rights granted to you and authorized users in your Organization under this Agreement shall immediately cease and terminate.
- You must destroy or return to SAYSO all copies of software and documentation that you received from SAYSO.
- Termination of this Agreement does not release you from the obligation to pay all accrued charges under Section 3 of this Agreement.
- SAYSO’s right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
Section 11 – Notice
- These are the acceptable forms for you to communicate with SAYSO to change or cancel your SAYSO membership.
- First-class registered or certified mail, return receipt requested. US Mail must have adequate postage and be addressed as follows:Sayso Communications, Inc.Customer Service Department2850 Industrial Plaza Dr.
Tallahassee, Florida 32301
- Telephone calls must be directed to the Customer Service Department at:(850)224-5737
- Only the owner of the account may cancel service. We will only accept cancellations via e-mail, sent from the account owner e-mail address and confirmed by the owner via telephone, or by US Postal mail.
- SAYSO may provide notice to you by the following methods:
- Electronic mail (e-mail) at the address provided to you to access SAYSO’s electronic mail (e-mail) feature.
- US Mail at the address you provided SAYSO in connection with your registration.
- All notices or other communications from SAYSO to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing.
Section 12 – Miscellaneous
- Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without SAYSO’s prior written consent.
- This Agreement, descriptions of Service(s), Pricing, Web Space Terms and Conditions, Software License Agreement, Network Abuse and Spamming Policy constitute the entire agreement between you and SAYSO with respect to the Service.
- SAYSO reserves the right to alter, amend or modify this and any other Agreement and/or Policy, to add additional Agreements or Policies, add or delete services and to change pricing at any time without notice.
- No amendment or modification to this Agreement by you shall be valid or binding on SAYSO unless made in writing and signed by both parties.