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The
Terms of Service Agreement ("TOS") entered into by and between
Service Provider and the undersigned client ("Customer").
The
previously mentioned parties agree as follows:
1. Customer
Accounts and Related Services Service Provider shall provide the
Customer with an internet dial-up account ("Account") which will
allow the Customer to access the Internet by the following terms
set forth herein, as may be amended from time to time by Service
Provider. Customer Accounts will include access to the World Wide
Web, electronic mail ("E-mail"), and other services commonly associated
with the World Wide Web ("Services"). Service Provider allows
access and makes no guarantee of Customer side connectivity and
is not responsible for any Customer long distance telephone charges
not directly related to our service.
2. Terms
& Billing Service Provider will activate Customer's Account
upon acceptance of Customer's application either verbal or written.
All services are for full term as specified by the fee schedule
with no pro-rating of any kind (except as noted below). Customer
shall promptly notify Service Provider in writing or by E-mail
of any changes in Customer's Account information, such as changes
in address or telephone number.
3. Payment
Rates Customer shall pay Monthly Service Fee as set forth on Service
Provider's then current Fee Schedule in advance. All fees are
subject to change without notice. Method of Payment All services
are prepaid and non-refundable. Service Provider reserves the
right to collect the last month's non-refundable payment in advance
and may collect or recollect such at anytime. Approved automatic
payment method (i.e. credit card or electronic payment etc.) will
be used, Service Provider will automatically debit payments by
Customer using the original payment method specified or until
modified by customer. Checks or Money Orders may only be used
to pay for Six (6) Month or One (1) Year Service Fees. Method
of Collection There is a $25.00 service charge for each returned
check and an additional $40.00 collection fee for each item charged
back to Service Provider (draft/check). Customer must notify Service
Provider at least 15 working days before the next payment is due
if Customer would like to change the method of payment. Accounts
that are delinquent may have their service disconnected. Billing
Cycle Monthly Subscribers Customer's billing cycle begins on the
first day of the month following the "Agreement Date". Should
the "Agreement Date" precede the 25th of the month the Customer
will be Charged for that month's Service. Cycle Subscribers All
services will be paid in advance for Customers choosing Six (6)
Month or One (1) year Service. New service will be billed respectively.
Notification will be sent by US Postal Service or E-Mail.
4. Amendment
Service Provider reserves the right to change the terms and conditions
of this Agreement, any collateral agreements referenced herein,
including the Terms Use Policy and the Fee Schedule, by notifying
Customer on the Service Provider's Website or by E-mail at least
30 days in advance of the effective date of the change. Use by
Customer after the effective date constitutes acceptance of the
new terms and conditions.
5. Offensive
or Adult Materials Service Provider does not knowingly accept
adult content material of any kind. Service Provider has no control
over the content of materials accessed through the Internet Some
materials may be offensive to certain groups of individuals. Customers
less than 18 years of age must have a parent or legal guardian
authorize this agreement, verifying that the parent or legal guardian
understands that Customer will have access to such materials and
that Service Provider does not accept responsibility for monitoring
and/or controlling such access. Customer and, if applicable, Customer's
legal guardian, hereby release(s) Service Provider from all claims
arising from Customer's and other individuals' exposure to material
that Customer or such other individuals may find offensive.
6. Terms
of Use Policy Customer agrees to be bound by the provisions of
Service Provider's "Terms of Use Policy".
7. Agreement
Termination This Agreement may be terminated at any time by either
party for any reason upon a 15-day notice prior to the last month
of this Agreement in writing or E-mail (except for acceptable
use violations). There is no partial refund/reimbursement for
any part of the remaining term for Service Provider service. The
low price for service is based on the full payment for full term
agreements and should customer not complete full term there is
no pro-rating of annual, semi annual or monthly fees. If account
is terminated for violation of the "Terms of Use Policy" customer
may be immediately terminated and Service Provider may assess
a $200 fee for each violation. If account is terminated after
the first day of any accounting cycle, the service fee for the
entire cycle is owed. Service Provider may, if Customer requests,
forward E-mail to Customer's new E-mail address. This Agreement
shall continue from month to month until terminated or superseded.
8. Warranties;
Limitation of Liability Service Provider makes no warranties of
any kind, whether express or implied, for its Setup or Services.
Service Provider specifically disclaims any implied warranties
of merchantability or fitness for any particular purpose. Service
Provider will not be responsible for any losses or damages resulting
from delays, non-deliveries, mis- deliveries, service interruption,
"down time," or Customer's errors or omissions. Service Provider
shall have no liability for failure to provide Services resulting
from the acts or omissions of third parties. Service Provider
will not under any circumstances be responsible for consequential
damages, including, but not limited to, any consequential damages
arising from Service Provider's failure to provide Services in
accordance with this Agreement.
9. Complete
Agreement; Severability This Agreement supersedes any other written
or oral agreement, and represents the complete understanding between
Service Provider and Customer. If any provision of this agreement
is held by a court of competent jurisdiction to be contrary to
law, the remaining provisions of this agreement will remain in
full force and effect. This agreement may be signed, but does
NOT have to be signed to be enforced. I have read the foregoing
Agreement and acknowledge and agree to its terms. Use of my account
constitutes my acceptance of this Agreement. In addition, my acceptance
of this Agreement is acknowledged by clicking the 'I Accept' button
below; my clicking of the 'I Accept' button below also constitutes
my certification under penalties of perjury that I am over the
age of eighteen (18)Years.
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