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:
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 day of the month
they sign up and will be automatically billed on that date each month following.
Cycle Subscribers
All services will be paid in advance for Customers choosing 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 5-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.