| These are the Terms and
Conditions. Note: All users are bound by these Terms of Service. ISP
Carrier. ("Carrier") 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 ACCESSING THE SERVICE. BY ACCESSING 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 MAY
NOT ACCESS OR USE THE SERVICE.
Cancellation Policy If after
signing up for the service the User has connectivity problems from
the moment of activation that cannot be resolved by Carrier or our
network technicians, then Carrier will provide the User a full
refund. Connectivity problems include constant busy signals,
authentication issues and overall POP performance that cannot be
rectified by Carrier. This only applies during the initial turn up
of an account. (Defined as the first ten (10) days). If the User
decides to terminate the service with Carrier after the first ten
(10) days and they have purchased a Quarterly, then the User's
account will be assessed a .00 termination fee and converted to
month to month service for billing purposes. The remaining
difference will then be refunded. Monthly accounts cancelled after
the first ten (10) days will not be credited any refund for
cancellation.
Cancellation within the
initial 10 grace period for reasons other than connectivity issues,
or failure on end users part to allow Carrier adequate opportunity
to correct connectivity issues may result in a charge of one (1)
months normal billable service to end users account. Account
Conversion If User wants to convert an established month to month
service account that is in good standing with Carrier to a pre paid
Quarterly account, the User must contact Carrier before the end of
the calendar month in which the User established service. The
monthly fee the User has already paid will then be applied towards
the subscription cost and the account will then be treated as if it
were an monthly account from its initial activation.
Limitation of Dial-Up Services
Access Restrictions Unlimited Access Networks: Carrier presents
these services to its users as ATTENDED USE UNLIMITED ACCESS
connectivity. It should be noted that these services are not
intended for CONTINUOUS USAGE by the User. These services are
not intended to be used as a DEDICATED CONNECTION for the User.
These services are intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, Instant Messaging, On
line gaming, and browsing the World Wide Web. The user may stay
connected so long as they are actively using that connection for the
above purposes. The user may not use the service on a standby or
inactive basis in order to maintain a connection. Pinging is
expressly prohibited. Any user who abuses the connectivity of the
service as described herein may have, at Carrier's discretion, his
account disabled and or terminated. Limited Access Networks: All
networks listed on the Carrier website as having defined monthly
hourly limitations can be utilized at the users discretion so long
as no other Terms of Service have been violated. User acknowledges
that when the defined monthly limits have been exhausted, no
further internet access will be allowed until the beginning of the
next calendar month. Idle Timeout User agrees that their online
session may be automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as less than 520 bytes
of data transferred between User's modem and the Carrier service.
Maximum Single Session User agrees that their online session may be
automatically terminated after four (4) hours of consecutive time,
regardless of data transferred during such specific online session.
Minimum Re-Connect Limit User understands they may not be able log
back onto the Carrier 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.
Email Filter All UsaconX
primary email accounts will be scanned for spam and
viruses. Each user will have access to their own Webmail Portal
to administer spam settings. Each email account will have a 10 Mega
Byte size limit of each mailbox, Users will be responsible for
monitoring their mailbox capacity. Mark-One Computers, Inc. will
not be held responsible for the loss of any messages stored on the
server. Each message sent to and from a UsaconX mailbox will be
tagged with a message stating that the message has been scanned for
spam and viruses.
Multiple, Concurrent Online
Sessions User agrees to maintain no more than one (1) concurrent
online session for each PPP/ISDN account purchased. Violation of
this policy may result in account suspension and or termination.
Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Carrier exercises no control
whatsoever over the content of the information passing through
Carrier's system. Use of any information obtained via Carrier is at
User's risk. Neither Carrier 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
Carrier 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, NONINFRINGEMENT, 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 Carrier, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER Carrier 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, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL
COMPONENTS. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL
Carrier, 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 Carrier IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, Carrier'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
Carrier 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 Carrier, 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 Carrier, 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 Carrier 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 Carrier shall confer as to and agree on the legal counsel(s) to
be selected in any such defense.
Age Limit User represents to
Carrier 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. Carrier 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 our mail server(s) when
connected to the 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 webspace provided any sexually explicit
materials or materials that may be offensive. post or transmit any
information or software which contains a virus, cancelbot, 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 rightholder; 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 Maillist,
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 pingbots 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.
Carrier has no obligation to monitor the Service. However, User
agrees that Carrier 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.
Carrier will not intentionally
monitor or disclose any private E-mail message unless required
by law. Carrier 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. Carrier 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 Carrier
following payment of a reconnection charge, to be determined by
Carrier in its sole and absolute discretion.
Messaging User agrees to limit
their use of the Carrier service, specifically regarding the use of
Carrier'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 Carrier service. Transmission of unsolicited email
or promotional material.
Users of Carrier's services are
restricted from using any of our Services or Resources for the
purpose of transmitting unsolicited or promotional material
including but not limited to, any material which can be commonly
referred to as SPAM. The violation of this restriction will
result in a ten dollar penalty for each email address for which the
unsolicited or promotional material was sent. All costs associated
with the collection of this fee will be the responsibility of the
violator. In addition, Carrier reserves the right to prosecute the
user for breach of this contract and the violating user acknowledges
they have purposefully and intentionally damaged Carrier's brand and
image in the marketplace. The violator agrees to pay any and all
legal costs incurred by Carrier associated with each violation.
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 0. Carrier RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Carrier SERVICES, A
ONE-TIME FEE OF 0 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR Carrier SERVICE VIA CASH, CHECK, OR MEANS OTHER
THAN CREDIT CARD, Carrier RESERVES THE RIGHT TO INVOICE AND HOLD
USER RESPONSIBLE FOR THE ONE-TIME FEE OF 0 PER VIOLATION OF THESE
TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Carrier
SERVICES FOR VIOLATION OF ANY OF THESE TERMS. No Confidentiality
Information transmitted through Carrier and through the Internet in
general is not confidential. Carrier can not and shall not guarantee
privacy or protection of any User. Carrier 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 Carrier.
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 Carrier does not and will
not perform system backups on any User's E-mail account(s).
Carrier 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, Carrier will not provide historical data, to any party
for any reason, regarding any system or Internet activity. Carrier
does not and will not perform system backups on any web sites.
Carrier 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, Carrier
will not provide historical data, to any party for any reason,
regarding any system or Internet activity. Failure to Comply With
Terms and Conditions Carrier may deny User access to all or part of
the Service without notice if User engages in any conduct or
activities that Carrier in its sole discretion believes violates any
of the terms and conditions in this Agreement. If Carrier denies
User access to the Service because of such a violation,
User shall not have the right
(1) to access through Carrier 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 Carrier, and Carrier 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. Billing All
monthly service accounts must have cleared payment for the following
months service deposited with Carrier prior to 5:00 pm on the last
business day of the current calendar month. It should be noted that
all monthly accounts are considered auto renewable at inception and
will be billed as this until such time that the user notifies
Carrier otherwise. Credit card customers can expect their billing to
be processed between the 15th and 25th of every month for the
following months service. Extended length contracts will be auto
renewable. Approximately 20 Days prior to account expiration the
user will be contacted by Carrier about notifying them of service
renewal. Miscellaneous 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 Carrier's system for periods
exceeding (4) four hours, in any single continuous session. User
authorizes Carrier to enforce these restrictions by appropriate
software and network measures, automated and manual.
User agrees to notify Carrier 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 Carrier. 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. Carrier'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.
Carrier may modify this
Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service
following notice of 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 of State of Legal Residence of the Carrier 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. Carrier 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 Carrier. 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 Carrier as the defendant,
shall be proper only in a venue determined by Carrier. In any action
between Carrier and User to enforce any of the terms of this
Agreement, Carrier shall be entitled to recover expenses, including
reasonable attorney's fees. This Agreement constitutes the entire
agreement between User and Carrier with respect to the Service.
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