1. Please Read This Agreement Carefully. By applying for and accepting
service from Access 1 Internet, (hereafter referred to as Access 1),
the User consents to and accepts all terms and conditions in this
Agreement. Users are defined as any person or entity using Access 1
Internet services. Access 1 Internet may modify this Agreement at
any time and any modification becomes effective immediately by notice
of posting on Access 1 Internet's home page, by electronic mail, or
by conventional mail. You may terminate your service as allowed in
Section 12 if you cannot or will not accept any of these conditions.
Use of Access 1 Internet's services at any time shall be deemed as
your acceptance of any and all such terms and conditions.
2. Access 1 Internet grants you a non-exclusive and non-transferable
license to use our services on any computer where you are the primary
User. You may use each license on another computer so long as only
one computer is in use at any one time. If you have more than one
computer and need simultaneous Access, then you need additional
licenses or a network license. If you have needs for additional
licenses, please call us. The Federal Copyright Act protects all
commercial software. Third party software available through Access
1 Internet may be governed by separate end user licenses.
3. Unless otherwise granted you in writing, your Access is defined as
"unmetered interactive Access." This does not mean or imply that you
are permitted to be connected 24 hours per day, 7 days a week. We
expect Users to be in front of their computer using the system when
connected. Users who connect to Access 1 Internet for more than
six (6) hours per day on a regular basis (more than 10 days per
calendar month) may be required to upgrade to a higher level of
service than basic.
4. Accessing the Access 1 Internet network or any other Access 1
Internet facilities or systems, accessing any non-Access 1 Internet
network connected to Access 1 Internet, or accessing any other entity
is computer network or systems without the explicit permission by
the parties is illegal and specifically prohibited. Such act will at a
minimum be considered illegal trespass, and other criminal and civil
legal remedies will be actively and aggressively pursued. Any attempt
to circumvent or bypass the security of Access 1 Internet's service/system
shall be considered attempted theft or trespass. Any deliberate attempt
to interfere with our systems performance or capability, or any attempt
to damage systems, software, or the intellectual property of others will be
viewed as criminal activity. The above descriptions are not intended to
describe all the criminal violations that may occur by unauthorized use
or access of Access 1 Internet's system or services. All use of the Access
1 Internet network must comply with all applicable local, federal and state
laws.
5. Access 1 Internet's electronic mail service (email), USENET (newsgroups),
nor any other means of transmitting information or messages over the
Access 1 Internet network or Internet shall not be used for sending or
transmitting unsolicited messages, also known as "spam" or "spamming".
The Access 1 Internet network and Internet shall not be used to send
material considered obscene, offensive, or threatening to the recipient.
6. Access 1 Internet reserves the rights, at its sole discretion, to edit,
review, or refuse to post or store any information or material in Access
1 Internet's information storage and retrieval mechanisms. Access 1
Internet reserves the absolute right to remove any contents that it deems
in its sole discretion to be unacceptable or undesirable. This includes the
rights to edit or refuse to host web pages or web sites that Access 1 Internet
finds and determines, at Access 1 Internet's sole discretion, to be undesirable
or objectionable. User agrees that the web hosting provided as part of Access
1 Internet basic account services shall be for personal web space only,
unless otherwise allowed in writing by Access 1 Internet. Additionally, the
web hosting space that Access 1 Internet provides to accounts will not be
used to provide any advertising in any manner for or on behalf of any other
entity whatsoever other than the entity owning the account, unless arrangements
and permissions have been specifically obtained in writing from Access 1 Internet.
7. User shall provide its own computer and telecommunications equipment necessary
to access Access 1 Internet services. User is solely responsible for all local
and long-distance telephone charges for connecting to Access 1 Internet
services. Access 1 Internet shall have no responsibility in any manner for
any charges or tariffs related to any User telephone connection or online
services of any entity Accessed by or for the User.
8. Technical Support. Limited no-fee technical support is offered to Access
1 Internet Users whose accounts are in good standing. Such support is
limited to issues of achieving Access to the Access 1 Internet network
over the common telecommunications facilities, i.e., dialup modem and
other similar connections, and the correct working of web based electronic
mail, World Wide Web Access, and USENET. Actions caused by the User for
failure of such services requiring technical support may be subject to
additional charges. Technical support for other computer related
applications or services are NOT included as no-fee support. Access
1 Internet explicitly does not guarantee or warrant the results of any
technical support provided by Access 1 Internet, its agents or assigns.
Access 1 Internet has no authority over or ability to influence the
services provided by any telecommunications carrier or provider involved
in delivery of Access 1 Internet services to User.
9. User agrees and accepts that the Internet is a conglomeration of computers,
networks, and servers operated by distinct entities having no business
or legal relationship to Access 1 Internet. All information, materials,
products, services and sites offered or made available or Accessible on
or by the Internet generally are offered or made Accessible or available
by third parties who are not affiliated or controlled in any way by Access 1
Internet or its affiliates. By using services, software, or products provided
by Access 1Internet,
YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK and YOU EXPRESSLY AGREE THAT ANY INFORMATION,
SERVICE, OR PRODUCT PROVIDED BY OR FOUND ON THE INTERNET IS WITHOUT WARRANTIES OF ANY KIND BY Access 1
Internet AND ITS AFFILIATES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND
THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED AND SEXUALLY EXPLICIT, AND MAY BE
OFFENSIVE TO YOU AND THAT YOUR Access TO SUCH MATERIALS IS AT YOUR OWN RISK. IF YOU HAVE SIGNED THIS
AGREEMENT ON BEHALF OF A MINOR THEN YOU ACCEPT CONTROL OVER AND RESPONSIBILITY FOR ANY EXPOSURE OF
ANY INTERNET RELATED MATERIALS TO SUCH INDIVIDUAL(S) AND EXPRESSLY AGREE TO HOLD Access 1 Internet
HARMLESS FROM ANY SUCH EXPOSURE, EITHER INTENTIONAL OR ACCIDENTAL. Access 1 Internet HAS NO RESPONSIBILITY
OR CONTROL OVER SUCH MATERIALS. Access 1 Internet WILL NOT BE HELD LIABLE IN ANY FORM FOR MATERIALS
FOUND ON THE INTERNET BY ANY USER.
10. Access 1 Internet's services and any software sold or distributed are provided on an "AS IS,"
"AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED 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. No oral
advice or written information given by Access 1 Internet, its employees, agents, licensers
or the like shall create a warranty. Under no circumstances, including negligence, shall
Access 1 Internet or anyone else involved in creating, producing or distributing the Access 1
Internet services or related software be liable or responsible for any direct, indirect or
incidental damages that result from the use of or inability to use the Access 1 Internet
services or software. This includes, but is not limited to:
(1) reliance on any information obtained on Access 1 Internet's services or that result from
defects in such information;
(2) delays in operation or transmission, or interruptions, resulting in inability of Customer
to Access or interact with any other service provider through the Internet, other networks
or Users that comprise the Internet or the informational or computing resources available
through the Internet;
(3) deletion of files or email; mistakes; omissions; or damage due to viruses;
(4) Service impairments caused by acts within the control of User, its employees, agents,
subcontractors, suppliers or licensees;
(5) interoperability of specific customer applications;
(6) interaction with other service providers, networks, Users or informational or computing resources
through the Internet;
(7) services provided by other service providers;
(8) performance impairments caused elsewhere on the Internet;
(9) or any failure of performance, whether or not limited to acts of God, communications failure,
destruction or theft or unauthorized Access to Access 1 Internet's programs, records or services.
You acknowledge and accept that this paragraph applies to all content, products and services available
through and supplied by Access 1 Internet. User specifically agrees and accepts that Access 1 Internet
will have no liability whatsoever for any direct, indirect, special, incidental, consequential, punitive
or any other damages whatsoever of any kind occurring as a result of use of Access 1 Internet services
or as a result of this Agreement. User shall be charged for all costs incurred by Access 1 Internet,
including reasonable attorney fees, for any claim, loss, or damage arising out of User's use or misuse
of the Internet. User specifically agrees to defend, indemnify and hold harmless Access 1 Internet, its
officers, owners, employees, agents, or any other party materially participating in the operation of
Access 1 Internet services from any claim, loss, damage, including costs and reasonable attorney fees,
arising out of any act or omission by User under this Agreement or by use of Access 1 Internet services.
11. User certifies that he/she is not a minor, except as allowed forthwith. A minor (defined herein as any
individual age 18 or younger) may subscribe to services provided by Access 1 Internet as long as the
application and registration is co-signed by said individuals parent or legal guardian. Said parent or
legal guardian EXPRESSLY ACCEPTS AND AGREES TO SUPERVISE USE OF Access 1 Internet's SERVICES AND ACCEPT
ALL RESPONSIBILITY FOR SUCH USE as per the contents of this User Agreement.
12. Accounts and Billing Information
a. This Agreement applies to all accounts held by any User. All Users are responsible for the use of
their accounts by any person and for ensuring complete compliance with this Agreement by any User
of those accounts. Accounts for services with Access 1 Internet cannot be transferred, assigned or
delegated without the prior written approval of Access 1 Internet. This Agreement shall be binding
upon the heirs and successors of the parties hereto, the assigns of Access 1 Internet, and the
permitted assigns of the User. Services are limited to the User and may not be resold in any manner.
b. Users are responsible for maintaining the confidentiality of their passwords. Users must report
immediately to Access 1 Internet if they believe that their password has been compromised for any
reason. Maintaining the confidentiality and privacy of the User login and password by the account
User is mandatory for acceptable use of the Access 1 Internet services. In the event of a breach
of security, the User will remain liable for any unauthorized use of Access 1 Internet services and
any costs or damages associated therewith. Access 1 Internet has no obligation to the User for any
such breach of security or effects thereof.
c. Once an account is terminated for any reason, Access 1 Internet reserves the right to immediately
delete all data, files or other information that was stored in your account or on any of Access 1
Internet's facilities or services.
d. Access 1 Internet reserves the right to change its fee structure and to institute new fees, and/or
to change the services provided and the terms of those services, at any time. Access 1 Internet will
publish a notice of fee increases 30 days before such increases take effect.
e. Users agree and accept that they must notify Access 1 Internet within 30 days of any change in the
User's registration data.
f. The Access 1 Internet accounting cycle begins on the first (1st) day the account is activated.
Accounts can be prorated to another billing date if so requested by the User.
g. If Access 1 Internet does not receive the full amount of User's account balance within 5 days
of the due date, User Access to their account will be suspended. Additionally, a $3.00 fee
will be imposed to reactivate suspended User accounts; this fee must be paid, along with any
and all appropriate fees to renew the account, prior to account reactivation. If a check,
debit charge or credit card charge is returned or refused for any reason, including but not
limited to insufficient funds or an expired account, the User account will be suspended
immediately. A service charge of $20.00 will be imposed and shall be due and payable prior
to reactivation of the account; this $20.00 includes the $3.00 reactivation fee. All account
fees must also be received prior to reactivating the account. Access 1 Internet reserves
the right to delay reactivating the account until the User's check or credit card has
cleared payment by the appropriate banking authorities.
h. Users whose accounts are not paid to date, are late or in arrears, but whose accounts have
not been suspended or terminated, are not entitled to technical support.
i. If an account is turned over to collection or if legal action is required by Access 1
Internet to collect an unpaid User balance, Access 1 Internet is entitled to collect
and you agree to pay all reasonable collection fees and/or associated reasonable legal
and attorney's fees.
j. Either User or Access 1 Internet may terminate the account at any time. Access 1
Internet may terminate any account, without cause or notification to the User or
subscriber, at any time. Access 1 Internet may terminate sessions at any time, without
notice to the User, at Access 1 Internet's sole discretion.
k. The User's only right with respect to dissatisfaction with any of the terms and conditions
of this Agreement, or with regards to the operations, policies, or practices of Access 1
Internet, any changes in the content of Access 1 Internet's services, or any change in the
fee structure charged in connection with use of Access 1 Internet's services, is to terminate
User's account by delivering notice to Access 1 Internet, effective any business day
(Monday through Friday, excluding legal holidays) Access 1 Internet receives such notification
of termination or any specified future date which is acceptable to Access 1 Internet. Access
1 Internet may terminate immediately the account of any User who misuses his/her account or
for any breach of this User Agreement. If Access 1 Internet denies you Access to Access 1
Internet services due to breach of this Agreement:
1) you shall have no right to obtain any credits otherwise due you and such credits are forfeited.
2) you shall have no Access through Access 1 Internet to any Access 1 Internet, Internet or
Internet-related products or services.
Once an account is terminated for any reason, Access 1 Internet shall have no responsibility to
notify any third party with which the User had any relationship, nor shall Access 1 Internet
have any responsibility for any damages that result from lack of such notification.
l. If the User terminates their account for any reason no refunds will be given if the User
has accessed the Access 1 Internet at any given time in the current month. Users who have
taken advantage of any prepayment plans will not receive a refund for any unused months should
they terminate their account. Refunds are only given within the first thirty (30) days for
Users who are dissatisfied with the services provided by Access 1 Internet. Users must give
Access 1 Internet technical support staff reasonable time to attempt to rectify the issues
before any refund is given. If after further investigation the issue is found to be with the
Users hardware, telephone line or any other variable outside the control of Access 1 Internet
no refund shall be credited to the User.
13. This Agreement constitutes the entire Agreement between the User and Access 1 Internet with respect
to services provided by Access 1 Internet. Access 1 Internet's failure to enforce any provision
hereof shall not be construed as a waiver of any provision or right. In the event that any portion
of this Agreement is held 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
remaining provisions shall remain in full force and effect.
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