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1. YOU ARE REQUIRED TO AGREE TO THE FOLLOWING TERMS AND CONDITIONS,
TO USE DIALUP ACCESS SERVICES OFFERED BY THE COMPANY.
2. You agree to protect and indemnify the Company against
any and all liability, loss or expense arising from any breach
by you of any agreement related to the services, claims of
libel, unfair competition, unfair trademarks, trade names
or patents, violations of rights of privacy and infringement
of copyrights and property rights resulting from your use
of the access and other services provided by the Company.
3. All services are provided as is and without representation
of any kind unless required by applicable law. You agree to
use all services at your own risk. The company specifically
disclaims all warranties of merchantability, fitness for a
particular purpose and not-infringement. In no event shall
the company be liable for any loss, loss of data, or other
damage, including but not limited to special, incidental,
consequential or other damages. This includes loss of data
resulting from delays, non-deliveries, wrong deliveries, and
any and all services interruptions caused by the Company’s
parties or your errors or omissions. To the fullest extent
permitted by law, you waive and release all claims and causes
of action accrued at any time and whether known or unknown,
against the Company and its shareholders, directors, officers,
employees, agents, representatives, subcontractors, suppliers
and successors for any and all loss and damage caused in whole
or part by the Company parties and/or your use of the services.
If this waiver and release is not given full effect, then
the total amount of any liability of company parties, including
all attorney’s fees and costs, shall not exceed e total
fees actually paid by you for the services (excluding amounts
paid for the other goods for provided by the Company or its
affiliates) for one month preceding the Company’s receipt
of written notice of your claim.
4. The modems utilized by the Company to provide the Services
are engineered for speeds up to 56k flex connectivity. However,
the Company cannot guarantee a 56k connection if telephone
company facilities or your modem are unable to support this
connection speed.
5. Each customer is responsible for choosing a dial-up number
that is designated as a local call. If a local number is not
available, or if the customer chooses an incorrect number
that is not designated as a local call, the Company shall
in no event be liable for any long distance charges billed
to the customer.
6. The Company reserves the right to change its rates and
otherwise modify the terms and conditions of this Agreement
at any time by notifying you 30 days in advance of the effective
date of such changes. In the event that you wish to terminate
your account due to a price increase, you, the customer, will
have 10 days from the date of notification of the effective
increase to either mail or fax the Company a written request
to terminate services. Otherwise, the existing service will
be billed at the new rate. This Agreement hereby supersedes
all previous representations, understanding, or agreements,
written or oral, by or between you and the Company, and shall
prevail notwithstanding any variance with terms and conditions
of any and all orders submitted.
7. The Company reserves the right to take whatever actions
we deem appropriate to enforce these policies. The Company
also reserves the right to change these policies without prior
notice at any time. The actions the Company takes may include
account suspension or termination. The Company does not issue
any credits for accounts cancelled due to policy violations.
The Company reserves the right to refuse service to anyone
at anytime for any reason.
8. You understand that the services provided by the Company
may be interrupted for several reasons. These include, but
are not limited to, malfunctions, maintenance, and improvement
or as required to protect network resources in the event of
malfunctions or misuse. You understand that it may not be
possible for you to receive advance notification of any such
interruption of service. The Company shall not be liable for
any delay in or failure to perform the services caused by
circumstances beyond its control such as those occasioned
by other companies or organizations, acts of God or other
causes, or which it could not have reasonably foreseen or
any other cause, which similarly impedes the providing of
service.
9. You agree that this service is governed by the Laws of
the State/Province in which the Company resides. You agree
that the City, County or Province in which the Company is
located shall be the forum for any legal action relating to
the services provided.
10. Any Internet activity, which references back to the Company
or its services in a damaging manner, will result in suspension
or termination of account(s). Illegal Internet activity using
or referencing to the Company or an account or services provided
by the Company will result in immediate termination, possible
prosecution, and assessment of legal fees accrued.
11. Use of the Company's services and the access of your Internet
account by you as a company and/or an individual constitutes
acceptance of this Agreement in full. This Agreement is effective
when you first use the Company's services, including but not
limited to access to the Internet, and continues until service
terminated by either party. If this Agreement is terminated
by either party, you are still responsible for any charges
on your account.
12. The Company bills for most services in advance. A service
charge of 1 1/2% per month will be charged on all past due
amounts. If your account is referred to collection, purchaser
agrees to pay any collection costs incurred including reasonable
attorney's fees, filing fees and court costs.
13. All credit cards will be charged automatically for each
billing period. If you dispute a valid credit card charge
levied by the Company, your account with the Company will
be disabled and you will be charged a $30.00 service fee.
14. As a subscriber to the Company's services, you are not
permitted to use your Internet connection to sell or advertise
goods or services. This is only permitted to those who have
purchased a business account or a virtual server.
15. With respect to dial-up accounts, the Company's usernames
are limited to one dial-in at a time. Multiple concurrent
dial-ins using the same username are not permitted. This limitation
does not apply to email or any other aspect of your account.
Abuse and violation of the rules may result in termination
without refund.
16. If you have not purchased dedicated services, you are
not permitted to use your dial-up account to continually connect
to the Internet for web/ftp/mail or other services. Dialup
access accounts are not dedicated accounts and do not provide
for fixed connectivity of unlimited duration. The Company
reserves the right to disconnect users who are idle or have
been connected for an exorbitant amount of time (approximately
in excess of 150 hours per month, the general industry standard
for determining abuse, or an excessive use per day exceeding
a normal work day). The Company has implemented an abuse prevention
program and has the discretion to apply network management
techniques, idle timers, maximum concurrent connect timers,
and other management tools to monitor and disconnect any user
who abuses the policy and remains connected for excessive
periods through implementing improper techniques or otherwise
violating the Company's policies. These parameters may be
changed at any time at the Company's discretion. If you require
a dedicated connection, you should notify the Company, which
may offer a dedicated connection in your area.
17. The use of your account to send out any bulk and/or unsolicited
e-mail, commercial or otherwise (spamming), is strictly prohibited.
Bulk e-mail (spamming) is defined as identical or similar
e-mail messages sent to 25 or more recipients where such e-mail
has not been specifically requested by the recipient. Any
violation of this policy may result in the immediate termination
of your account, at the sole discretion of the Company.
18. Impersonating another user or otherwise falsifying one's
user name in e-mail or any post to any newsgroup or mailing
list is strictly prohibited.
19. In addition to any other fees and penalties that may be
assessed by the Company, as provided herein, you shall be
held liable for any and all costs incurred by the Company
as a result of your violation of any terms and conditions
of this Agreement. This includes, but is not limited to, attorneys'
fees and costs resulting from Postmaster responses to complaints
from and the cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations.
20. You are not permitted to resell or redistribute the Internet
connection to other parties.
21. In the event you want to cancel the Service, you must
notify the Company in writing thirty (30) days prior to such
cancellation. This notice must either be faxed or mailed to
the Company or otherwise delivered in accordance with the
Company’s policies.
22. As used in this Customer Use Agreement, the term the "Company"
refers to Eckenrod Studio DBA Little Buck Network and ABC
Inc., a Washington corporation.
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