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 Anderson Computers

Service Agreement Terms

By calling and accessing the Internet, you or any person using your login ID name is deemed to have accepted the terms and conditions in this agreement and is bound thereby. Any person signing up must be at least 18 years old or have a parent/guardian sign.

1. ACC-NET as your Internet Service Provider shall provide to the undersigned individual account holder (the "User/member") access to the Internet. The user is authorized only for a single log-on on the system. Multiple logons and background processing are prohibited. Any person found misusing the system in this manner shall be terminated immediately.

2. 'Camping-on' (Leaving dial up access active while user is not using the Internet) is not allowed. User understands that the arrangements are available for continuous dial up connection and that camping on is cause for immediate termination of service by ACC-NET. ACC-NET reserves the right to disconnect a dial-up connection after 20 minutes of inactivity, which is detected by ACC-NET through electronic equipment. This time is approximate and subject to change without notice. Any electronic/mechanical means to avoid inactivity disconnect are strictly prohibited. Electronic/mechanical means include but are not limited to, "pinging" the mail server, software AutoDial features that maintain active connection or repeatedly checking for e-mail with auto login to mail server. ACC-NET reserves the right to audit connections so the above can be enforced.

3. ACC-NET reserves the right to modify this agreement, Operating Rules or prices, and may discontinue or revise any or all aspects of the Internet services at its sole discretion and without prior notice.

4. Member's rights to use ACC-NET are not transferable, in whole or in part, and is subject to any limits established by ACC-NET, or by member's credit card company for accounts billed by credit card. Member will be responsible for and must provide all telephone and equipment necessary to access the Internet service. ACC-NET shall not be responsible in any way for any Member's hardware or software required or used by the member to access or communicate with the system or to upload or download information or for the telecommunication cost of accessing the system. It is member's responsibility to first check his/her equipment to be sure it meets requirements for connection.

5. Members agree to indemnify ACC-NET against any and all loss, cost, claim, liability, damage, or expense for any and all use of member's account. Member's account is the sole responsibility of the individual signing up for the service and is a single account meaning only one PC with members ID and password can be connected at a time.

6. All members shall pay, in accordance with the provisions of the Billing Option selected by the member. Payment is deemed made only when received by ACC-NET. Any unpaid amounts will cause your account to be disabled until payment is made in full to Anderson Computer. Monthly fees charges must be paid in full each month. All members shall pay all applicable sales taxes that relate to use of the service by member. Each member will be responsible for any and all use of the service accessed through the member's password. Any use of password outside of immediate member's family will cause member's account to be immediately terminated. This is a single account and you can only have 1 person (PC) dialing in and connecting at a time. 2 Party Use is prohibited and cause for termination.

7. EACH MEMBER EXPRESSLY AGREES THAT USE OF THIS SERVICE IS AT MEMBER'S SOLE RISK. NEITHER ACC-NET OR ANY OF ITS RESPECTIVE INFORMATION PROVIDERS, LICENSORS OR EMPLOYEES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ACC-NET OR ANY OF ITS RESPECTIVE INFORMATION PROVIDERS, LICENSORS OR EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND IS NON REFUNDABLE, EITHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER ACC-NET NOR ANYONE ELSE INVOLVED IN PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY.

  1. Acceptable Usage of Dial-Up Accounts: Member agrees to use dial-up account solely on an active "dial-up" basis, which means only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation all member's shall abide by the following provisions regarding usage:

1. A dial-up account may be used for World Wide Web browsing, reading and/or posting to newsgroups, sending, receiving and reading e-mail and transferring files via proper file transfer protocol (there may be certain limitations to file transfer).

2. A dial-up account shall not be used for hosting a dedicated server site on the Internet.

3. A dial-up account has only one e-mail address for incoming or outgoing mail

4. Any automated processes shall not be used for checking e-mail or pinging the host to maintain a constant connection.

9. Member agrees to pay to Anderson Computer the charges associated with the rate plan, including applicable taxes. Anderson Computer reserves the right to modify the charges upon 30 days prior on-line notice to member

10. ACC-NET may at its sole discretion and without notice to any member, (1) suspend its performance under this agreement and the member's access to and use of the service, or (2) terminate this agreement and member's access to and the use of service. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. Misuse of service is grounds for immediate termination.

11. Service may be temporarily unavailable or limited because of capacity limitations. Services may be temporarily interrupted due to equipment modifications, upgrades, and relocations, repairs or similar activities that are necessary to properly operate the service. User agrees to indemnify and hold harmless Anderson Computer against any loss or expense (this includes attorney fees) that made be experienced from Signing this agreement.

12. There will be No Refunds, credits, or reductions on any account. There will be no credits or reductions against user's account for interruption of service or downtime, including any accounts that has been discontinued or disabled.

 

 

© 1996-2004 Anderson Computer Consulting, Inc.; see disclaimer.
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