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Terms of Use applying to Internet Access Service -
Internet Access Numbers, Applications, Billing, etc.
These are the Terms and Conditions. Note: All users are bound by these
Terms of Service. AWS Internet 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.
I. BILLING PROCEDURES
1. 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, Semi-Annual or Annual account, 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-day 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.
2. 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, Semi-Annual
or Annual service 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
annual subscription cost and the account will then be treated as if
it were an annual account from its initial activation.
II. 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, online 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.
1. Limited Access Networks
All networks listed on the Carrier website as having defined monthly
hourly limitations can be utilized at the users discretion as long as
no other Terms of Service have been violated. User acknowledges that
by choosing a network with defined monthly limits that when the time
has 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.
2. 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.
3. 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.
III. 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.
IV. LIMIATION OF LIABILITY
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
V. SERVICE 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.
VI. 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.
VII. 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.
VIII. FAILURE TO COMPLY WITH THE 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.
IX. BILLING
All monthly service accounts must have cleared payment for the following
month’s 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 month’s
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.
X. 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 four (4) 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
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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