The Legal Stuff

Equal Opportunity: SpiritOne services are offered without regard to race, color, religion, disability, national origin, gender, age, sexual orientation, marital or veteran status, or any other legally protected status.

Anonymous Accounts: SpiritOne does not knowingly provide subscriptions to anonymous individuals. To this end, we require positive identification of the subscriber: driver's license number or similar picture ID such as a military ID or passport. We recognize that it is possible to communicate anonymously on the Internet using such tools as anonymous remailers. That is not our concern. Our sole purpose in requiring positive identification is to protect SpiritOne and its services from risks incurred by doing business with unknown individuals.

Underage Subscribers: SpiritOne does not knowingly provide subscriptions to individuals under the age of 18, which is another reason we require positive ID or ID of a supervising adult. Current and proposed laws make our liability in providing children direct access to the Internet too unclear. However, SpiritOne does not want to deny children the powerful educational opportunities of the Internet. We suggest parents or guardians purchase a subscription and provide their children access with close parental supervision. If the child would like to have a separate e-mail address, we do make family mailbox subscriptions available to children of the primary subscriber.

Changing Subscription: Many users who sign up for a Limited account will quickly realize they want to change to a Unlimited account. You can change in mid-month from any account type to another type without charge effective with the next billing period. However, you cannot change retroactively and there is no credit for unused services.

Termination of Service by Subscriber: You may terminate your subscription in writing to us at any time by providing us with positive identification that you have the authorization to terminate the subscription. An easy way to notify us regarding account cancellation is by using our Account Cancellation form. We do not ordinarily accept terminations via telephone unless we have substantial confidence that you are authorized to terminate the subscription. If your account balance is not delinquent, upon request we will provide email forwarding for a period of 60 days at no charge.

Suspension of Service by SpiritOne: SpiritOne terms and conditions allow us to suspend access to our services without notice for any reason. Some examples of reasons we might suspend access: if an account payment is delinquent (please see SpiritOne's Terms and Conditions policy for more information); if we believe there is an attempt to violate our system security; if the account is consuming excessive resources; if the account is 'spamming' newsgroups with illegal chain letters or unsolicited commercial email; if the account is sending bulk email in the form of unsolicited commercial email. In all but the most extreme circumstances we will contact the subscriber to notify that access may be suspended and what actions the subscriber can take to correct the cause.

Subscriber Information: We maintain information about our subscriber accounts to provide support and to properly invoice services we provide. Our records are protected from intrusion or theft. SpiritOne does not sell or otherwise freely divulge subscriber information.

Quotas: Some of our services have exact usage-based quotas for such things as connect time and storage. Consumption of resources over exact quotas incur usage charges. Some of our services have no preset quotas for resource consumption. Our intention with no preset quotas is to make our services available to subscribers without undue concern on their part regarding usage charges. Sometimes a subscriber will choose to abuse our service and consume resources beyond reasonable expectations. When a particular subscriber exhibits a pattern of such behavior we may choose to impose exact quotas on that specific subscriber. We contact the subscriber and caution them that continued abuse will result in an exact quota being imposed.

Subscriber Data: SpiritOne maintains periodic backup copies of the data on our systems for the purposes of maintaining continuity of service in the event of software errors, equipment failure or disaster. The state of modern technology does not guarantee that data contained on the SpiritOne systems can be recovered in the event of loss. The subscriber is solely responsible for providing a suitable backup and recovery plan for their data, and the plan must not be dependent upon access to SpiritOne services. SpiritOne cautions our subscribers that our internal backup and recovery plan is not suitable for recovery of individual subscriber data, nor does SpiritOne have any responsibility to recover subscriber data should it be damaged or deleted.

SpiritOne Privacy Policy

SpiritOne respects customer privacy. SpiritOne will not provide personally identifiable information to any outside individual or entity, unless required to do so by court order.

Acceptable Use Policy For Subscribers

Responsible Usage: We exercise no control over the content of the information passing through our systems...we only provide access. You must take responsibility for your actions on our system and the systems you access through us. You must comply with whatever rules or acceptable usage policies are appropriate for the systems you access. If you are offended by information you find on those systems, your responsibility is to avoid whatever you find offensive. You must take responsibility for the statements you make in e-mail, chat or discussion forums, and news groups. If you act irresponsibly or your actions endanger our system, we may suspend your access at any time.

Account Usage: Your account is for your exclusive and individual use only; multiple concurrent logins of the same account are not allowed. Beyond the fact that allowing others to use your account is prohibited, consider that you become responsible for the actions associated with your account and charges incurred by anyone using your account. For this reason, protect your account and password as you would any other personal resource such as your credit card.

Resource Usage: No system has unlimited resources, and we expect you to act responsibly when consuming resources on our system. If you consume excessive resources on our system we may suspend your access at any time. Excessive concurrent processes or processes which continue after you have logged off are prohibited. Our server automatically ends long idle calls and during peak times you can expect minimum allowed idle time of at least 15 minutes. We recognize that you may have an occasional need for additional resources, and you are welcome to contact us to make special arrangements. SpiritOne subscribers that engage in any behavior that could be construed as theft of service (such as attempting to use a trial account for an extended period of time or that could be construed as denial of service (such as running up the system load, exhausting disk space, and demon-dialing the phone lines), will not be allowed.

Unlawful Usage: SpiritOne may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or intellectual property agreements. SpiritOne cooperates fully with federal and state enforcement officials investigating unlawful behavior on our systems.

Unauthorized Usage: Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of SpiritOne or of any computer system or network accessed by our services, will result in suspension of your service. Unauthorized activities include guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome. SpiritOne prosecutes unauthorized usage.

Prohibited Usage:

1. Absolutely no IRC (Internet Relay Chat) bots will be allowed or tolerated. This includes running IRC bots, or any kind of IRC automation.
2. SpiritOne has a "zero tolerance" spam policy. Unsolicited spamming - sending the same or similar mail many times to one or more destinations - is strictly prohibited, as is using your account as a drop-box for spam. Spam originating from SpiritOne's domain, or any subscriber who creates outbound spam through the use of SpiritOne resources, is prohibited. SpiritOne subscribers cannot post or transmit or sponsor any unsolicited advertising, promotional materials, or other forms of solicitation, commercial or non-commercial, to other SpiritOne subscribers, individuals or entities, except in those areas that are designated for such a purpose. SpiritOne subscribers will not involve or associate SpiritOne in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising a SpiritOne-hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to a SpiritOne email address. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited.
3. Forgery or impersonation is prohibited. Forging your identity with the intent to misrepresent or mask your legal identity will result in immediate account termination. Changing any identifying network header information in an effort to deceive or mislead is prohibited.

Terms of Service

1. SpiritOne services are billed on the anniversary date of the beginning of service. Payment is due no later than 15 days after delivery of services begin. Subscribers may terminate their subscription at any time. If the subscribers account is bound by a contracted term the subscriber will be charged a $100 contract early termination fee and no refunds for unused portions of service will be given. We do not prorate for unused weeks or days of service for MONTHLY accounts. Refunds for prepaid non-contract accounts will be issued for the unused portion of service. SpiritOne may suspend or terminate service at any time for non-payment of service.
2. SpiritOne exercises no control whatsoever over the content of the information passing through it. SpiritOne specifically denies any responsibility for the accuracy, quality or content of information obtained through our services. SpiritOne makes no warranties of any kind, whether expressed or implied, for our services. Subscriber agrees to indemnify and holds harmless SpiritOne from any damage claims resulting from direct or indirect use of our services or the internet, or from suspension or termination of service. Any damage claim against SpiritOne shall be limited to a reimbursement of service fees.
3. SpiritOne is not responsible for the loss of data resulting from delays, non-deliveries, misdeliveries or service interruptions caused by negligence or errors, omissions, intentional acts by others, or natural causes/acts of God.
4. This agreement shall be governed by the laws of the State of Oregon. Any dispute shall be submitted to binding arbitration with forum in Portland, Oregon.
5. SpiritOne reserves the right to change and otherwise modify its services, rates, usage policy or these Terms and Conditions. These Terms and Conditions supersede all previous representations, understandings or agreements. We reserve the right to amend these policies without prior notice. We will keep a current copy of this agreement policy on the SpiritOne website.

USE OF SPIRITONE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND SERVICES AND AGREEMENT TO ABIDE BY OUR ACCEPTABLE USE POLICY.