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| iEntertainment
Network Terms and Conditions
iEntertainment Network ("IENT", "Total Sim Series", "HelbreathUSA" or "Service") consists of the online computing, information services, products and other content provided by iEntertainment Network and subject to the terms and conditions of this member agreement ("Agreement"). In addition, third parties provide services and context which may be accessed over the Service and are bound by this Agreement ("ICPS"). This Agreement constitutes the entire agreement between you as an authorized user of IENT. By using IENT, you confirm your acceptance of, and agree to be bound by, this agreement. As an IENT account holder, you are purchasing a license on a per-minute or other limited time period basis, to access IENT services and play IENT's on-line games. Such use of IENT software and that of its content providers does not vest the user with any proprietary right to continued play or in accumulated character attributes. This license is on an at-will basis, and may be terminated by IENT at its sole discretion for violations of the terms of continued access, including its prohibition against trading, buying or selling accumulated character attributes or coinage for any form of real-life compensation (i.e., things of value outside the context of the game), and the posting of messages designed to induce others to engage in such transactions. These terms are in place so that the fantasy aspect of our games remain unsoiled by the real world. Please help us preserve the fantasy by adhering to this policy, and by informing IENT of account holders who break, or attempt to break, these rules. Thank you. You ("Subscriber") represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this agreement. You agree to pay all charges incurred by your account in accordance with the current rate schedule then in effect. This shall include any purchases made through the Service. Subscriber shall pay all applicable taxes relating to use of the Service. Subscriber shall be responsible for all use of the Service accessed through Subscriber's password. Subscriber shall maintain the security of your Subscriber identification, password and other confidential information relating to your IENT account. Either you or IENT may terminate your IENT membership at any time, with or without cause, upon notice. IENT also reserves the right to terminate or suspend your IENT membership without prior notice, but IENT will confirm such termination or suspension by subsequent notice. Upon notice published over the Service, IENT may modify this agreement, prices, and may discontinue or revise any and all other aspects of the Service at its sole discretion and without prior notice. You are responsible for reviewing information posted by IENT that deals with pricing and services. Continued use of IENT or non-termination of your membership after changes are posted constitutes your acceptance of the modifications. Payment of your IENT account balance is due monthly and must be made by the credit card or debit card designated by you for IENT use or by means of pre-payment by money order or cashiers check mailed to:
Each time you use IENT you agree and reaffirm that IENT is authorized to charge your designated card. You agree that IENT may, at its option, either accumulate charges until the end of the billing cycle or submit one or more aggregate charges during the billing cycle. You must promptly notify IENT of changes to; a) the account number or expiration date of your designated card or b) your billing address. You must notify IENT if your card is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account number and password. IENT will provide you with an online statement of charges on your IENT account approximately as and when such charges are incurred and/or paid. Unless you notify IENT of any discrepancies or irregularities within seventy-five (75) days after they first appear in your online account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE IENT FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO IENT WITHIN SEVENTY-FIVE (75) DAYS OF ITS PUBLICATION DATE. IENT may, at its sole discretion and without notice to the member, (a) suspend the Subscriber's and its designated users' access to and use of the Service, or (b) terminate this agreement and Subscriber's and its designated users' access to and the use of the Service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to IENT when IENT believes you are liable for the charge. If any payment due hereunder is not made by the member within thirty (30) days after the billing date, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment or, if such rate is in excess of the allowable rate, the maximum rate allowed by law . Any charges incurred in the collection of delinquent accounts shall be passed onto the subscriber. You are responsible for your communications via IENT. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via IENT; (b) use IENT to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a forum; (g) falsify the source or origin of software or other material contained in a file that you upload to a forum; (h) use IENT in a manner that adversely affects the availability of its resources to other Subscribers; (i) send Email to Subscribers for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Subscribers ; (j) download a file that you know (or reasonably should know) cannot be legally distributed via IENT (a file may have been uploaded notwithstanding such illegality); or (k) act, or fail to act, in your use of IENT, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership. Subscribers are expressly prohibited from engaging in any activity that constitutes, in the sole opinion of IENT, system abuse. System abuse shall include, but is not limited to, attempts to circumvent subscriber authentication or security of any host, network, or account ("cracking"); attempts to interfere with or deny service to any subscriber or any host; furnishing false data on the signup form or via on-line application, including fraudulent use of credit card numbers; and any commercial use of IENT accounts or services without the express written permission of IENT. iEntertainment Network games are restricted to human participation only. The use of machines, computers, software, scripts or other automated system to increase the ability to play the games are strictly prohibited. Players are also restricted from playing the iEntertainment Network games with more than one type, version or copy of a browsing software application at any one time. Players are also restricted from using multiple accounts to in any way increase their odds of winning. Any violation of this rule will result in the registered players' immediate, total and permanent disqualification from this and any future games or other games or promotion available on iEntertainment Network sites. The company can, in its sole discretion, determine that a registered player has violated any of the rules or regulations and shall have no obligation to award any prizes won by the registered player. All decisions by the company are final and non-appealable. Subscribers expressly agree to use all of IENT's services only for lawful purposes. Transmission or storage of any information, data or material in violation of United States or state regulation or law or by the common law is prohibited, including but not limited to, material protected by copyright, trademark, trade secret, or any other statute. Subscriber's right to access the Service cannot be assigned, transferred or sublicensed. IENT does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of IENT, other than information provided by authorized IENT spokespersons. Statements made in forums, conferences and chats reflect only the views of their authors. Neither forum managers nor IENT developers are authorized IENT spokespersons, and their views do not necessarily reflect those of IENT. SUBSCRIBER AGREES THAT SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER IENT, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS, SUBCONTRACTORS OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER IENT, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS, SUBCONTRACTORS OR AGENTS WILL BE LIABLE TO THE SUBSCRIBER FOR ANY DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ACCESS TO, OR INABILITY TO GAIN ACCESS TO, THE SERVICE. YOUR USE OF IENT AND ALL IENT SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING IENT SOFTWARE) OBTAINED THROUGH IENT. YOU AGREE THAT IENT AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR IENT WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE IENT OR ANY IENT SOFTWARE OR SERVICES, OR THE ACTIONS OR INACTIONS OF DEVELOPERS OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF IENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IENT'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF IENT, EXCLUSIVE OF PAYMENTS RELATING TO GOODS AND SERVICES PURCHASED FROM ICPS. YOU HEREBY RELEASE IENT FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. 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 YOU. This agreement shall be governed by the laws of the State of North Carolina. Any cause of action of Subscriber with respect to the Service must be instituted in the State of North Carolina. Any cause of action of Subscriber or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. Indemnification. You agree to indemnify IENT from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your IENT account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. IENT will notify you promptly of any claim for which IENT seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to IENT interests, as reasonably determined by IENT. These terms and any other Operating Rules published over the Service shall constitute the entire and only agreement between IENT and Subscriber. You agree that you have read IENT's Privacy Statement and Ratings Statement posted at this website. If you wish to cancel an account, please email accounts@ient.com and enclose your full name and account name or number within the body of the message. Cancellations are processed as soon as possible and not held to the end of the billing cycle. The monthly membership fee and hourly usage fees are non-refundable. IMPORTANT: You MUST be at least eighteen (18) years of age to subscribe to the service. BILLING POLICY2009 One Month Free Offer Beginning June 1, 2009, IENT offers One Month Free Online Play in TotalSims Arenas.
To qualify for the Free Month, Subscribers must remain subscribed and pay for a period
of no less than one month after the first free month concludes ($13.95 USD). Cancelation
of the Subcriber's account prior to payment for the second month may result in
a $24.95 USD charge to the subscriber's credit card. Price Plans Permitted forms of payment: Credit cards accepted: Visa, MasterCard and
American Express are accepted. Prepayment: We will accept
prepayment of charges in the form of a cashiers check or money
order. These must be in US funds. You must include your account name
or number on the payment. Prepayment must be mailed to: Billing cycle Subscribers are billed for their price plan charge in advance per billing cycle and are then billed at the end of the period based on hourly charges incurred in excess of their price plan. Charges accrue by the elapsed time in hourly charges areas. Pricing and Billing Changes IENT may modify the terms of service, the Operating Rules or prices, and may discontinue or revise any or all aspects of the Service at its sole discretion, but only upon notice published over the Service. No prior notice of the above changes by IENT is required, except as provided herein. However, with regards solely to increases in hourly fees, subscribers will have the opportunity to terminate service prior to incurring any higher hourly fees. Suspension of Privileges IENT reserves the right to suspend access to IENT for Subscriber's account(s) immediately, without Notice, upon rejection of any credit card charges, non-payment, dishonor or chargeback by Subscriber's bank of authorized charges or any other indication of credit problems, or for any reason whatsoever at IENT's sole discretion without recourse from Subscriber. Termination by Subscriber A Subscriber's access and use may be terminated at any time, and without cause, by the user or IENT. The user must terminate by emailing wbaccounts@ient.com or send written notice to:
Subscriber is liable for any charges incurred by subscriber until the effective date of such termination which is either the date of the online termination or the date written notice is received from IENT. Subscribers will continue to be billed until they elect to terminate their account. IENT does not offer refunds for registered accounts except in the following circumstances: (1) if the account was opened fraudulently or (2) if the account was charged due to a billing error. Accounts that have been terminated due to violation of this Service Agreement will not be reactivated. Additional Charges Returned Checks: $20.00 Service Fee. Accounts past due 30 days: 1.5 % interest fee per month. |
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