1. The Service exercises no control whatsoever over the content of the information passing through its network. The Service makes no warranties of any kind, whether expressed or implied, for the service it is providing. The Service also disclaims any warranty of merchantability or fitness for a particular purpose. The Service will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained by The Services network is at your own risk. The Service specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. The Services network may only be used for lawful purposes. Transmission of any material in violation of any U.S., State or foreign laws or regulations is prohibited. This includes, but is not limited to: copyright material, material legally judged to be threatening or obscene, or material protected by trade secret law. You agree to indemnify and hold harmless The Service from any claims resulting from your use of the service which damages you or another party.
3. On-Line Etiquette: Customer and Customers end users are prohibited from activities which would disrupt The Service Internet Services. In addition, users are forbidden from impersonating others and making unsolicited commercial appeals. Examples of prohibited conduct include:
5. Any access to other networks connected to The Services network must comply with the rules appropriate for that other network. Use of The Services network itself may be for any lawful purpose. Use of The Services network for lawful commercial purposes is both permitted and encouraged. Connectivity is provided for your organization only, and resale of direct IP connectivity to other organizations or individuals is prohibited, unless noted in a separate contract, under schedule A.
6. The Service attempts to run an "open" system which allows customer access to a wide range of internet offerings. The Service does not censor the content of newsgroups, and it is up to each individual user to determine which newsgroups are appropriate for viewing and participation. There are a number of tools which can allow Customers and end users to screen out unwanted material. It is up to each individual to Site such available tools to screen for content.
7. The Service. retains the right in its sole discretion not to carry on its Service "unlawful material" and further The Service reserves the right to restrict access to any material which violates The Services Network Policy. The Service. will refuse to connect to and will terminate any offending Service, in the event that offending material is created, offered or encouraged by Customer or its End Users which is unlawful as determined by applicable international, federal, state or local laws, regulations, or ordinances such Customer or end user account will be terminated. In addition, such Customer account will be terminated if the Customer is found to have had any role in the creation, implementation, distribution, posting or the like of such material. Such termination shall occur immediately and without prior notice. Whether the Customer played any such role shall be determined exclusively by The Service.
8. Payment is due when indicated on invoice. Accounts are in default if payment is not received by that date. If your payment is returned to us unpaid, you are immediately in default and subject to a returned check fee of $25 from us. Accounts unpaid after due date may have their service interrupted. Such an interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service 60 days from termination relieves you of your obligation to pay the monthly charge. Accounts in default are subject to 1.8% monthly interest. If you default, you agree to pay The Service its reasonable expenses, including attorney and collection costs, incurred in enforcing its rights under these terms and conditions.
9. Billing for The Service service will commence when The Service hub equipment and a functioning telephone circuit are prepared to route IP packets to your site. Service is invoiced in advance. Users may cancel their service within the first 72 hours and receive a full refund. In the event of early cancellation, after this 72 hour period, The Service will issue a prorated credit in the amount remaining at the next whole month. The Service reserves the right to change the rates by notifying you 30 days in advance of the effective date of the change.
10. These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of The Services network constitutes acceptance of these terms and conditions.