Surf Best Use Policy

View Our Privacy Policy Online

Surf Best Internet Services, Inc. ("Surf Best") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE APPLYING FOR THE SERVICE. BY APPLYING FOR THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL NOT APPLY FOR THE SERVICE. 

Warranty Disclaimer 

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Surf Best exercises no control whatsoever over the content of the information passing through Surf Best’s system. Use of any information obtained via Surf Best is at User's risk. Neither Surf Best nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Surf Best make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Surf Best, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Surf Best NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES 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, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL Surf Best, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Surf Best IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Surf Best’s LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. 
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Surf Best in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification 

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Surf Best, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by Surf Best, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Surf Best in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Surf Best shall confer as to and agree on the legal counsels to be selected in any such defense.

Age Limit 

User represents to Surf Best that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials 

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Surf Best has no control over and accepts no responsibility whatsoever for such materials.

Port 25 Restrictions 

User understands that port 25 is restricted for all outgoing mail servers. User must send mail through ISP's mail server when connected to the Surf Best network. 

Prohibited Uses 

User may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post on web space provided any sexually explicit materials or materials that may be offensive. 
post or transmit any information or software which contains a virus, cancel bot, Trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; 
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); 
allow users to run Mail list, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. 
Surf Best has no obligation to monitor the Service. However, User agrees that Surf Best has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Surf Best will not intentionally monitor or disclose any private E-mail message unless required by law. Surf Best reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Surf Best reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Surf Best following payment of a reconnection charge, to be determined by Surf Best in its sole and absolute discretion.

Messaging 

User agrees to limit their use of the Surf Best service, specifically regarding the use of Surf Best's electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers 

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing 

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Surf Best service.

Fraudulent Content 

User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Surf Best RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Surf Best SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Surf Best SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Surf Best RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Surf Best SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Limitation of Web Hosting Services 

Although Surf Best advertises "Unlimited Bandwidth" there are several limitations applied. The sole purpose of these limitations is to limit the unnecessary use of Surf Best services, as solely determined by Surf Best, used by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Surf Best. 

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. 

Bandwidth Restrictions

Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth, in Surf Best's sole discretion, is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system. 

Limitation of Dial-Up Services 

Although Surf Best advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations is intended to limit the amount of unnecessary use, in Surf Best's sole discretion, of Surf Best services by any such User, which restricts overall Surf Best system availability for other such Users. This results in a limitation of one hundred fifty hours of usage in any one month on SFB1 and a limitation of two hundred hours of usage in any given month on SFB3. Other Surf Best networks do not have this limitation. These limitations apply only to Dial-Up access services offered by Surf Best. 

Idle Timeout 

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Surf Best service.

Maximum Single Session 

User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit 

User understands they cannot log back onto the Surf Best system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions 

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Access Restrictions

User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Surf Best. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection and as per all of the terms of this use Policy.

Right to Cancel 

Surf Best reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Surf Best will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.
User must notify Surf Best in writing or e-mail to cancel Service. Cancellation requests must include member name and phone number. ACCOUNT IS NOT CANCELED UNTIL USER HAS RECEIVED AN EMAIL CONFIRMATION OF THE CANCELLATION, FROM SURF BEST. Refunds are not issued for the calendar month of cancellation. If payment was by check or checking account draft, any refund shall be subject to a five dollar handling charge. User shall keep the email confirmation for twelve (12) months after cancellation.

No Confidentiality 

Information transmitted through Surf Best and through the Internet in general is not confidential. Surf Best cannot and shall not guarantee privacy or protection of any User. Surf Best reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Surf Best.

Customer Information 

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, Surf Best will not publish User's name and other consumer information. User understands further that merchants on the Internet may have access to such information and may make it available to third parties.

Payment for Services

All monies are in US Funds. The first charge to your credit/debit card or draft from your checking account shall include 42¢ per day for the days remaining in the existing month, plus $12.50 for the following calendar month.  Three dollars will be added to this total if you choose to have a disk US Mailed to you. CHARGES BEGIN THE DAY SURF BEST EMAILS (OR US Mails) YOU YOUR ACCOUNT INFORMATION.  Returned checks are subject to a collections fee.  Internet service will be suspended for returned checks until such time as the check is made good.  Accounts with a declined credit/debit card will be charged a five dollar processing fee. Failure to use the account does not relieve the user of payment obligations. By providing us with credit/debit card information or checking account information, you agree to allow us to charge or draft $12.50 from your account each month.  Monthly charges are applied the last week of the month for the following month's service.

Non-transferable 

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service 

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup 

Surf Best does not and will not perform system backups on any User's E-mail account(s). Surf Best shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Surf Best will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Surf Best does not and will not perform system backups on any web sites. Surf Best shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Surf Best will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions 

Surf Best may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Surf Best in its sole discretion believes violates any of the terms and conditions in this Agreement. If Surf Best denies User access to the Service because of such a violation, User shall not have the right (1) to access through Surf Best any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Surf Best, and Surf Best shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous 

All times are EST. User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Surf Best's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes Surf Best to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify Surf Best if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Surf Best. 
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 and the remainder of the provisions shall remain in full force and effect.
Surf Best's failure to insist upon or enforce strict performance of any provisions 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.
Surf Best may modify this Agreement from time to time. User's continued use of the Service following such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User 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.
Surf Best shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Surf Best.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Surf Best as the defendant, shall be proper only in a venue determined by Surf Best.
In any action between Surf Best and User to enforce any of the terms of this Agreement, Surf Best shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Surf Best with respect to the Service.