Cape.Com Terms of Service

Using our system and the Internet is your responsibility. We strive to maintain high quality Internet services and customer support in an effort to ensure that we provide our customers with high-speed, error-free, Internet access 24 hours a day, 365 days a year (barring disruptions beyond our control).

In the event that we must bring our system down for maintenance, we will notify users in advance and perform necessary repairs during off-peak hours.

We encourage users to report any problems they may have with our service to support@cape.com.

Money Back Guarantee: If you're dissatisfied with the service for any reason, and request cancellation of your account within the first 14 days of service, we'll refund your sign-up fee and all payments made for services. Purchases of software or other hard goods are not refundable.

Terms of Service

General
Cape.Com, Inc. offers Internet access and related services, including the hosting of Web Sites, through its system to its subscribers. Cape.Com, Inc. does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to Cape.Com, Inc.'s services and use of its system.

BY USING CAPE.COM INC.'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE. If Cape.Com, Inc.'s services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate his/her account in accordance with the Section labeled "Termination and Suspension" below.

Lawful Use
Cape.Com, Inc.'s system and services may only be used for lawful purposes and in a manner which Cape.Com, Inc. believes to be consistent with the rights of other Cape.Com, Inc. subscribers and third parties. While Cape.Com, Inc. is not responsible for the content of hosted Web Sites, content on all Cape.Com, Inc. hosted Web Sites must comply with all laws and must not infringe on the rights of any third party. Cape.Com, Inc.'s services and system 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.

Customer specifically agrees to the following conditions:

• Cape.Com services shall only be used as permitted by applicable local, state, and federal laws.
• Customer shall refrain from mass posting of the same message to many Usenet newsgroups (spamming).
• Customer shall refrain from sending unsolicited email messages.
• Sending bulk outgoing mail through our general mail servers (smtp.cape.com and relay.cape.com) is prohibited.
• Commercial advertisements shall be posted only where appropriate, and in venues that specifically encourage or allow advertising.
• Customer will respect the conventions of the network and refrain from any actions construed to be negligent or malicious.
• Knowingly sending email containing viruses or other malicious or damaging software is prohibited. Customer agrees to run appropriate anti-virus software to remove such damaging software from their computers.
• Web sites which predominantly contain referrals or links to other sites, with little or no local content, are prohibited.
• Web sites which contain material that is grossly offensive to the Cape.Com, Inc. community, including clear expressions of bigotry, racism, or hatred are prohibited.
• Web sites that exploit the images of children under 18 years of age are prohibited
• Web sites which contain material that defames, abuses or threatens others are prohibited.

Changes to Service
The services provided by Cape.Com, Inc. and Cape.Com, Inc.'s system are expected to change from time to time. Cape.Com, Inc. reserves the right to change any service offered or the features of any service offered or its system without notice.

Payment Terms
A subscriber must pay fees per Cape.Com, Inc.'s rate schedule as a condition to obtaining access to Cape.Com, Inc.'s services and system. A subscriber also must pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by Cape.Com, Inc. from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by Cape.Com, Inc. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. Payments not made within 30 days of billing date are considered delinquent and are subject to a 2% monthly (24% annual) finance charge. Delinquent accounts are subject to immediate suspension and/or termination without notice. $10 re-activation fee to activate suspended accounts. Monthly charges will not be pro-rated. If the payment is by check or money order and is returned for "insufficient funds", the subscriber's account will be charged a $25.00 processing fee. $25 re-activation fee plus $65/hour to activate terminated accounts. A $25 fee is applied to accounts that have requested an ISS visit and have cancelled within 24 hours of appointment date.

Technical Support
Cape.Com provides telephone technical support to the Account Manager, or, a designated technical contact, only.

Termination and Suspension
Either subscriber or Cape.Com, Inc. may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Cape.Com, Inc. also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Cape.Com, Inc. may delete all data, files or other information that is stored in subscriber's account or hosted Web Site upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.

Software
As a courtesy to subscribers, Cape.Com, Inc. has accumulated a library of software which is "shareware" or "freeware". Cape.Com, Inc. is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. Cape.Com, Inc. MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. CAPE.COM, INC. ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT CAPE.COM, INC. MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST CAPE.COM, INC. WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH CAPE.COM, INC.

No Warranty; Limitation of Liability
USE OF CAPE.COM, INC.'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. CAPE.COM, INC. DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT CAPE.COM, INC.'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES CAPE.COM, INC. MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. CAPE.COM, INC.'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL CAPE.COM, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. CAPE.COM, INC. WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF CAPE.COM, INC.'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH CAPE.COM, INC.'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR EMAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF CAPE.COM, INC. TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO CAPE.COM, INC.'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO CAPE.COM, INC. DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.

Indemnity
The subscriber agrees to indemnify and hold harmless CAPE.COM, INC., its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.

Non-Transferability
Subscriber's account and right to use Cape.Com, Inc.'s services and system is not transferable without Cape.Com, Inc.'s consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.

In addition, by using the Cape.Com's Services and Systems, you represent that you are of legal age for the purposes of being bound by this Agreement.

Confidentiality
Cape.Com, Inc. treats Email messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Cape.Com, Inc. limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Cape.Com, Inc.'s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Cape.Com, Inc. receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Cape.Com, Inc.'s system. In addition, although Cape.Com, Inc. has implemented certain security measures, Cape.Com, Inc. cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.

Interpretation
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter, except that a written agreement, specific to a subscriber, signed by an authorized officer or representative of Cape.Com, Inc., shall control the terms and conditions of service to be provided to that subscriber. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer or representative of Cape.Com, Inc. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law principles, and any action related to these terms and conditions shall be brought in the Commonwealth of Massachusetts. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Please send reports of any activity in violation of this agreement to abuse@cape.com.

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