Internet Service Terms and Agreement
License- Please
be sure to read all the way to the bottom PLEASE BE SURE TO
READ ALL THE WAY TO THE BOTTOM OR YOU WILL NOT BE ABLE TO
PROCEED
TERMS
OF USE
It is our
policy to offer either limited or unlimited*, uncensored
access to the Internet. We do not and cannot control the
content, quality or accuracy of information available
through our system or over the Internet in general. However,
as with any user-oriented service, our service has certain
policies and rules that will be enforced for your benefit
and all other Internet users throughout the world. Please
read this document carefully before continuing to use an
account with us. This Agreement, including the Terms of Use,
our Privacy Policy and any other terms, conditions and
policies published on our site from time to time constitute
the entire agreement between you and our company. By using
our services, you agree to be bound by this Agreement.
If you do not agree to this Agreement, you should
immediately end use of our services and software and notify
our customer service department so that we may close your
account. We may modify these Terms at anytime, and such
modifications shall be effective immediately on posting of
the modified Terms to this site. Review the site
periodically for any updates to these Terms. Your continued
access and use of the site shall be deemed your conclusive
acceptance of any modifications to these Terms.
1. Use of Services
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YOU
AGREE THAT BY USING THIS SERVICE YOU REPRESENT THAT YOU
ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY
ABLE TO ENTER INTO THIS AGREEMENT.
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You
agree to provide us with accurate and complete billing
information including your legal name, address, and
telephone number. All changes to this information must
be reported to us within 30 days of the change.
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By
accepting this Agreement, you agree that you are
responsible for all charges posted to your account until
either of us terminates the account.
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We
reserve the right at our sole discretion to terminate
your service or terminate this Agreement upon your
breach of this Agreement. Your breach includes refusal
or failure to pay for services provided, indication of
credit problems including delinquent payments or
rejection of credit card charges, or performing
activities deemed harmful to our company.
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You
agree to use our services for lawful purposes in
compliance with all applicable laws. Transmission of any
data, information or material in violation of any
federal, state, or international law (including, but not
limited to, material protected by copyright or trade
secrets, and information that is confidential as a
matter of law) is strictly prohibited. You may not,
under any circumstances, use our services in an unlawful
manner, including: (i) posting or transmitting any
unlawful, threatening, abusive, libelous, defamatory,
obscene, or pornographic information of any kind,
including civil liability; (ii) intercepting or
attempting to intercept e-mail; or (iii) uploading files
that contain software or other material protected by
copyright laws unless you own or control the rights of
the material.
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You will not download,
import, export or re-export any data, information or
material except in full compliance with all
applicable international and United States laws and
regulations, including all United States export laws
and regulations.
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Electronic mail and
other transmissions passing across the Internet and
through use of our service is not confidential.
Therefore, we do not guarantee the protection or
privacy of any information of any subscriber.
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Our accounts are
provided for use in conformance with these Terms. We
reserve the right to investigate suspected
violations of the Terms. If we become aware of
possible violations, we may initiate an
investigation. This may include gathering
information from you and the complaining party, if
any, and examining material on our servers. We will
not disclose such information unless required to do
so pursuant to a court order, subpoena, or similar
legal request or otherwise on the advise of counsel.
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During an investigation,
we may suspend the account or accounts involved
and/or remove the material involved from our
servers. If we believe that a violation of these
Terms has occurred, we may take responsive action at
our sole discretion. Such action may include, but is
not limited to, temporary or permanent removal of
material from our servers, cancellation of news
group posts, warnings, and the suspension or
termination of the account or accounts responsible.
At our sole discretion, we will determine what
action must be taken in response to a violation on a
case-by-case basis. Violation of these Terms may
also subject you to criminal or civil liability.
2. Use of Material
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Except as noted, material in the public domain (e.g.,
images, text, and programs) may be downloaded or
uploaded using our services. You may also re-distribute
material in the public domain; however, you assume all
risks determining whether material is in the public
domain.
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You
are prohibited from storing, distributing or
transmitting any unlawful material through our services.
Examples of unlawful material include, but are not
limited to, direct threats of physical harm, child
pornography, and copyrighted, trademarked and other
proprietary material used without proper authorization.
You may not post, upload or otherwise distribute
copyrighted material on our servers without the consent
of the copyright holder. Storage, distribution, or
transmission of unlawful materials could subject you to
criminal as well as civil liability, in addition to the
actions outlined above.
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You
may not store or distribute certain types of material on
our servers. Examples of prohibited material include,
but are not limited to, programs containing viruses or
trojan horses and tools to compromise the security of
other sites. Additionally, we reserve the right to
enforce, at our sole discretion, what we consider as
community standards in regard to your web site content,
or access to content on your web site. This includes,
but is not limited to, text, images, sounds, movies, and
embedded functions.
3. Passwords
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Our
Basic Service accounts are for individual use only. You
may not share passwords or accounts with other
individuals.
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We
shall provide initial passwords to you. You have the
ability to, and are encouraged to change your password
on a regular basis.
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We
may monitor the security of your passwords at any time.
You may be directed to change the password to one that
complies with our Terms. Continued failure to maintain
password security may be grounds for account
termination.
4. System Security
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You
are prohibited from utilizing our services to compromise
our security or to tamper with our system resources or
accounts on any of our computers, routers, terminal
servers, modems, or other equipment at our site or any
other. Use or distribution of tools designed for
compromising security is prohibited. Examples of the
tools include, but are not limited to, password guessing
programs, cracking tools, or network probing tools. Any
attempt to access our corporate assets is strictly
prohibited.
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In
order to assist in resolving security incidents, we
reserve the right to release your name to other system
administrators. We will also fully cooperate with law
enforcement officials in investigating suspected
violations.
5. System Resources
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We
will allocate system resources to provide the best
service possible. As part of resource allocation, we may
limit, restrict or prioritize access to system
resources, including CPU time, memory, disk space,
session length, and the number of sessions.
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Additionally, we may institute services and fees for
those who are interested in accessing system resources
above and beyond acceptable usage.
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System abuse is defined as any use of our resources that
disrupts the normal use of system or Internet services
for others. Examples of abuse include, but are not
limited to, attempting to disrupt the sessions of other
Internet users, consuming excessive amounts of time,
memory, disk space, or bandwidth or otherwise adversely
affecting the performance of our servers or networks.
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We
may log instances of abuse of system resources,
including those outlined above, and take action as
appropriate.
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You
may not run programs that provide network services from
your account. Examples of prohibited programs include,
but are not limited to, mail, http and irc servers, or
multi-user interactive forums.
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You
may only make use of our system resources while logged
in.
6. Acceptable Use
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Acceptable use is defined as the normal activities
associated with the use of the Internet, including use
of our systems and network facilities for accessing the
www, irc, usenet news, e-mail, and other Internet
features. Depending on the account type, this may
include a moderate amount of file storage on our servers
for your own web page and file access area (ftp).
7. Prohibited Activities
Activities specifically prohibited by our administration
include, but are not limited to, the following:
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Background and/or server-type applications. Applications
including irc bots, http servers, muds, and any other
process that continues execution on the system upon user
logout.
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Long-term storage of data. Long-term storage of data is
referred to as the storage of files that are not used
regularly in an account for an extended period of time.
This specifically includes, but is not limited to,
programs such as shareware programs that you download
for purposes of transferring data to your home computer.
These programs must be removed at such time as they are
successfully transferred to your system.
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Flooding or abuse of other users. Flooding is prohibited
at our site. Flooding takes place in numerous ways,
including icmp flooding, mail bombing (sending large
amounts of e-mail repeatedly to a person for purposes of
harassment), and mass mailings to multiple addressees,
msg/ctcp flooding on irc.
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Attempts to compromise system and/or network security.
Programs such as packet sniffers, password crack
programs, and similar utilities found to be running from
a user's account are prohibited. This also includes
attempts to hack into other systems.
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Sharing of accounts. Sharing of your account with
another party for purposes of avoiding payment for a
second account is strictly prohibited.
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Attempts to bypass resource usage limitations. In order
to provide fair service to all our users, we have
implemented certain resource limitations including disk
quotas on the servers and idle time-outs on dial-ups.
Attempts to bypass disk usage quotas by any means may
result in immediate loss of system privileges. Attempts
to bypass the idle time-outs are also prohibited.
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Supporting multiple users for a business through an
individual account. The regular dial-up accounts (host
links) are designed for individual home or business use
and not for the level of service required to support
multiple users in a business. Therefore, supporting
multiple users in a business with an individual account
is prohibited. If multiple accesses from a business is
desired, please contact our sales department.
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Excessive use of system resources. For systems, this is
defined as the continued use of programs or commands
which take a large amount of system resources, such as
processor time, network bandwidth, and/or drive space on
the host system. For dial-up applications, this
primarily prohibits the continued use of a dial-up port
to simulate a dedicated connection for the user's
system. Dial-up accounts are designed to provide
on-demand access, not a dedicated connection. If a
dedicated connection is desired, please contact our
sales department.
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E-mail abuse. E-mail
abuse typically includes (i) transferring messages
to unsolicited individuals, (ii) sending harassing
and/or threatening messages to other users, or (iii)
omitting an e-mail address to make the e-mail appear
to be sent from another user.
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Usenet news abuse. As in
e-mail abuse, this includes forging an e-mail
address, harassment/threats, posting the same
message to multiple newsgroups (spamming), as well
as posting information in groups where it is not
relevant and unwanted.
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Pyramid/money-making
schemes. Activities such as the transfer of
information or solicitation of persons via the
Internet in an attempt to extort money or other
valuables, or the use of pyramid/chain letters are
all prohibited.
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Pirated software.
Pirated software is the illegal exchange of software
via the Internet for purposes of avoiding purchase
of software by the individuals involved. This
includes most commercial applications such as adobe
photoshop, illustrator, etc. Such activities are
prohibited by federal law and are thus not allowed
in any form. This prohibition also includes
unauthorized copying of copyrighted material
including digitization and distribution of
photographs from magazines, books, or other
copyrighted sources and copyrighted software.
Exportation of software or technical information in
violation of U.S. export control laws is strictly
prohibited.
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High-traffic web sites.
Individual accounts are intended to provide access
to individuals only. As most individual pages are
fairly low-traffic, the performance for everyone
using the system is optimal. However, some
individuals occasionally choose to put content on
their pages that draw a large number of hits and
thus degrade performance of the system. Due to this,
we have had to implement certain limits on the
amount of traffic an individual's home page can
receive. Typically a page can safely receive around
4,000 to 5,000 hits per day and/or transfers under 3
megs per day without causing excessive load on the
system. Sites generating more than this must be
moved to other co-located services where they are
better able to service extra traffic.
8. Abuse Of Service; Disclosure Of Customer Information
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Our
Company has no obligation to monitor the Service but may
do so from time to time and may disclose information
regarding your use of the Service to comply with
applicable laws, including without limitation the
Electronic Communications Privacy Act (18 U.S.C. 2701 et
seq.), to comply with appropriate government requests,
to operate our systems properly or to protect our
Company or our customers.
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Our
Company will cooperate with law enforcement authorities
in investigating suspected lawbreakers. We reserve the
right to report to law enforcement any suspected illegal
activity of which it becomes aware.
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If
our Company receives a complaint or otherwise becomes
aware of any possible violation of this Agreement, it
may, in its sole discretion, initiate an investigation.
You agree to cooperate with any such investigation.
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You
will be liable for any damage to Our Company, Company
owned equipment, Upline provider equipment or any system
that is associated with the delivery of the Service as
well as any damage to third parties, in the event you
engage in any conduct that is commonly referred to as
access violations (hacking/cracking), data theft,
spamming, mass emailing, junk emailing, "mail bombing,"
"news-bombing," automated bulk mailing of messages,
content or communications or any other prohibited
activity listed in Section 9 above by use of the Service
under this Agreement.
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WHEN USING SERVICES, DATABASES, COMPUTER SYSTEMS OR
WEBSITES OF OTHERS PROVIDED VIA THE NETWORK PROVIDED BY
OUR COMPANY, YOU AGREE TO COMPLY WITH ANY OF THEIR
COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR
PROPRIETARY RIGHTS.
9. Offensive or Adult Materials
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Our
Company does not knowingly accept adult content material
of any kind. Otherwise, We exercise no control over the
content of materials, including but not limited to
email, chat sessions, Usenet news postings, web pages or
other content produced by users/subscribers, accessed
through the Internet, including via our provided
network. Some materials may be defamatory, inaccurate,
abusive, obscene, profane, sexually oriented,
threatening, racially offensive, discriminatory, or
illegal and may be offensive to certain groups of
individuals. IF YOU ALLOW A CHILD UNDER 18 YEARS OF AGE
TO ACCESS THE INTERNET THROUGH YOUR ACCOUNT, A PARENT OR
LEGAL GUARDIAN MUST AUTHORIZE SUCH USE VERIFYING THAT
THE PARENT OR LEGAL GUARDIAN UNDERSTANDS THAT THE CHILD
WILL HAVE ACCESS TO SUCH MATERIALS AND THAT OUR COMPANY
ACCEPTS NO RESPONSIBILITY OF MONITORING AND AND/OR
CONTROLLING SUCH ACCESS.
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You
agree not to publish any such offensive material
described above, or to conduct business, activities or
solicit activities prohibitive by law.
10. Children's Online Privacy Protection Act
Customers operating websites or online services directed to
children or operators of websites or online services who
have actual knowledge that the person from whom they seek
information is a child, agree:
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To
post prominent links on their websites to a notice of
how they collect, use, and/or disclose personal
information from children;
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To
notify parents that they wish to collect information
from their children and obtain parental consent prior to
collecting, using, and/or disclosing such information;
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Not
to condition a child's participation in online
activities on the provision of more personal information
than is reasonably necessary to participate in the
activity; and
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To
allow parents the opportunity to review and/or have
their children's information deleted from the operator's
database and to prohibit further collection from the
child; and to establish procedures to protect the
confidentiality, security, and integrity of personal
information they collect from children.
By agreeing to the terms and conditions of this
Agreement, you release(s) our company from all claims,
including but not limited to those under the Children's
Online Privacy Protection Act (15 U.S.C. 6501 et seq.),
arising from your and other individuals' exposure to
material that you or such other individuals may find
offensive.
11. Penalties for Abuse
12. Local Internet Access
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While we strive to provide local access to our users, we
do not guarantee such service. It is your responsibility
to verify with the telephone carrier whether the calls
made to access our site are local. We make no warranties
as to whether we provide you with local Internet access.
You are responsible for paying your own dial-up
telephone charges for accessing the Internet as well as
for technical support lines. We will not reimburse you
for any telephone or long distance charges.
13. Indemnification
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You
agree to defend, indemnify and hold us and our
affiliates harmless from any and all liabilities, costs,
and expenses, including reasonable attorneys' fees,
relating to or arising from, any violation of these
Terms by you or those who access the service through
your account, or the use of the services or the Internet
and the placement or transmission of any message,
information, software, audio files or other materials on
the Internet by you or by those who have access to the
services through your account.
14. Warranties
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OUR
INTERNET SERVICE IS PROVIDED ON AN AS-IS, AS-AVAILABLE
BASIS. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS
TO (I) THE QUALITY OF SERVICES PROVIDED, (II) THE
ACCURACY OF BILLING, OR (III) THE AVAILABILITY OR RIGHT
TO USE ANY LOGIN NAME, E-MAIL ADDRESS, OR WEB PAGE
ADDRESS. LOGIN NAMES, E-MAIL ADDRESSES, AND WEB PAGE
ADDRESSES ARE NOT CONFIRMED AT THE TIME OF SIGN-UP OF
ANY USER. WE WILL NOT REFUND ANY CHARGES FOR THE
REPRINTING OF STATIONERY OR ANY OTHER LOSSES INCURRED.
NO WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING THOSE
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation of Liabilities
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USE
OF YOUR ACCOUNT, AND ANY DATA ACCESSED USING THAT
ACCOUNT, IS COMPLETELY AT YOUR OWN RISK. OUR CUMULATIVE
LIABILITY, UNDER ANY CIRCUMSTANCES, INCLUDING
NEGLIGENCE, IS LIMITED TO THE CURRENT MONTH'S BASIC
SERVICE CHARGE. WE SHALL HAVE NO LIABILITY FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES
THAT (I) RESULT, OR MAY RESULT FROM USE OF, OR INABILITY
TO USE OUR SERVICE AND/OR ANY SOFTWARE OBTAINED THROUGH
US; OR (II) RESULT OF MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS,
DEFECTS, VIRUSES, WORMS, TROJAN HORSE, OR OTHER HARMFUL
COMPONENTS, LIBEL OR INTELLECTUAL PROPERTY INFRINGEMENT
BY OTHERS, OR DELAYS IN OPERATION, AVAILABILITY, OR
TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT OCCURRING BY NEGLIGENCE, ACTS OF GOD, COMMUNICATIONS
FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS, OR (III) OR
DAMAGES RELATED TO YEAR 2000 READINESS OR COMPLIANCE,
WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, REGARDLESS
OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Because some states do not allow the exclusion or
limitation of liability for consequential or incidental
damages, in such states our liability is limited to the
full extent permitted by law.
16. Payment Terms
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You
acknowledge, agree and assume full responsibility for
making timely full payments for your Internet account.
Timely payments include maintaining billing information
given to you for each Internet account which you must
keep current. Those users who choose to make payment
with credit cards must provide us with their full names,
billing addresses, credit card numbers and expiration
dates. It is your responsibility to timely notify us of
any changes in your credit card account.
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You
will be assessed a $25.00 fee for any returned checks
you have made out to our company.
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If
your account is turned over to a collection agency due
to nonpayment, you will be responsible for collection
fees and any associated reasonable attorney's fees.
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We
reserve the right to cancel any account without notice
due to non-payment. In the event that you fail to make
timely, full payment of each invoice, we reserve the
right to charge interest, late fees and/or reactivation
charges on the delinquent user's account.
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In
the event of cancellation by you, you must contact us in
one of the following manners: via e-mail or mail, or you
may call us, followed by written confirmation by you,
properly addressed to and received by us within ten (10)
days from the date of telephone cancellation. All
cancellations require 30 days advanced notice.
Notification of cancellation must be accompanied by the
user's login name in order for a cancellation to be
effectuated. No refunds are paid on the final 30 days of
service or for partial month of service.
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Non-usage of an account is not proof of cancellation of
service. You are responsible for full payment on all
accounts whether or not the account is ever utilized.
All original software must be returned to us in order
for you to be entitled to any refund. In the event that
you fail to return the original software to us, you will
be billed for a minimum of one month's service.
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Billing is done on a monthly basis. Charges for the use
of an account are for a full month's service and are not
pro-rated in the event of cancellation.
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Any
billing discrepancies shall be presented to us in
reasonable detail, in writing, within twenty (20) days
of the date of the charge. Such notification shall not
relieve you of the obligation to make all payments,
including the amounts disputed by the due date. If you
fail to dispute the charge after twenty (20) days from
the date of the charge, you waive your right to make any
such dispute and all such charges will be deemed valid.
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In
the event that you pre-pay for an Internet account, you
are entering into a one-year commitment contract. Upon
early cancellation of your one-year pre-paid service, We
reserve the right to withhold full payment for the
service year.
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You
agree that at the end of the term of the Internet
account initially agreed to by you or any term
thereafter, we may, at our sole discretion,
automatically renew such Internet account for an
additional term. You further agree that upon renewal of
such Internet account, we may continue to charge your
credit card or seek other form of payment from you, for
which you shall be responsible. In the event that you do
not wish to automatically renew such Internet account,
it is your sole responsibility to notify us of such
intent prior to the expiration of such term.
MISCELLANEOUS
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Modifications
We reserve the right to modify the terms and conditions
of this Agreement, including, but not limited to adding
new policies, at any time, with or without notice. Any
changes to this Agreement will be communicated promptly
on our Web site. Be sure to check back periodically.
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Strict Performance
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Governing Law
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This Agreement shall be
governed by and construed in accordance with the
laws of the State of New York, United States of
America, and to the extent allowable, the
substantive laws of the State of New York shall
apply to this Agreement. Any legal action or other
proceeding brought by either party shall be filed in
the State of New York.
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Assignment
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