Use of the Provider’s service constitutes acceptance of these Terms and Conditions.

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.

1. Provider Liability

The Provider exercises no control whatsoever over the contents of the information originating outside of its systems passing through it. Use of any information obtained via the Provider is at the Subscriber’s own risk. The provider specifically disclaims any responsibility for the accuracy or quality of information, services or products provided through, in connection with, or located on the computer system of the Provider or other services provided by the Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. The provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Subscriber agrees to hold harmless the Provider, its officers, agents and employees, and its other Subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney’s fees, litigation and court costs resulting from the Subscriber’s use of the Provider’s services in any manner, whether directly, indirectly or by any act of commission or omission. The Provider does log all attempts to connect to our system. The foregoing disclaimer of warranties is void where prohibited by law.

2. Subscriber Responsibility

The Subscriber certifies that either he or she is at least 18 years of age. It shall be the responsibility of the Subscriber to keep the Provider informed as to a valid mailing address to which notice can be sent.

The Provider shall not be liable for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Any interruption in service under the control of the Provider will be addressed promptly by the Provider.

The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (I) the Subscriber’s use of any of the Providers services, and (II) the communications means by which the Subscriber connects to the Provider services (phone lines, modems, software, etc). Transmission of any material in violation of any U.S. or state regulation for any illegal or unlawful purpose is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property, any other statute, material legally judged to be threatening or obscene, or material protected by trade secret, transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation or any national law of any sovereign nation, or the international law, the United States Annotated Code, or of any state or local law, statute, regulation or rule.

The Subscriber agrees to abide by the purpose and acceptable use of the Provider’s policy. Use of the Provider’s services to access other networks, computers, or services, must comply with the policies of these entities.

3. Non-Transferable

The Subscriber’s rights herein granted cannot be transferred, shared, sold, or used by anyone other than the Subscriber.

4. Billing

Internet service is prepaid, meaning payment is due by the 1st day of each month of the service, unless otherwise arranged. Accounts will be disconnected if payment has not been recieved. An e-mail invoice will be sent on the 20th of each month to the e-mail address that the customer has specified. In the case that the Subscriber does not receive an e-mailed invoice, it is the Subscriber’s responsibility to notify the Provider, in which case payments are still due on the 1st of each month, unless otherwise arranged. If the Subscriber’s payment is returned to us unpaid the Subscriber is immediately in default and subject to a returned check charge of $25.00. Accounts determined to be in default will have their service immediately suspended. Such interruption does not relieve the Subscriber from the obligation to pay the monthly account charge and a $5 reconnect fee may apply. Accounts in default of 30 days are subject to a 1.5% late charge per month. If the Subscriber defaults, the Subscriber agrees to pay the Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing it rights under these Terms and Conditions. The Subscriber will be disconnected if the Subscriber’s connection time goes beyond the hours the subscriber has purchased. (The subscriber can upgrade his/her package if he/she does not wish to be disconnected.) There will be no prorating of charges for partial-month Internet service.

5. Termination, Suspension, or Cancellation of Accounts

Only a written request to terminate the Subscriber’s service relieves the Subscriber of the obligation to pay the monthly account charge. Long-term Internet Service agreements that are terminated will be refunded an amount based on the following formula:

Total Amount Prepaid – [Regular Pkg. Price/mo. * (No. of month’s used + 1) + $25 Waived Setup Fee].

Accounts that have been suspended for 90 days will be deleted. The Provider shall have the right to suspend or terminate service to the Subscriber at any time, without notice. If such a suspension is to last for more than 15 days, the Subscriber will be notified as to the reason.

6. Usage of Dialup Lines

An account may have at most 1 dialup connection established at any given time unless an exception is specifically contracted with the Provider. The dialup connection for the E-mail Only Package is limited to 10 minutes per connection. The E-mail Only package is not designed for sending or receiving large files. If that capability is required, the Subscriber needs to subscribe to one of the Provider’s other packages. Periodically, the Subscriber may be temporarily disconnected from the service due to an excessive continuous connection or inactive connection.

7. Changes of Terms

The Provider reserves the right to change the rates and fees by notifying the Subscriber 30 days in advance of the effective date of the change. The provider reserves the right to amend the Terms and Conditions and any such amendments shall become effective upon promulgation. The Subscriber shall have the right, for the period of 15 days after the promulgation of any amendments to the Terms and Conditions, to terminate the Contract, by giving written notice and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Terms and Conditions.

Upon breach of the Contract, all of Subscriber’s rights and privileges shall be immediately terminated. Upon termination of the account, the Provider has the right to delete all data, files, or other information owned by the Subscriber. The Subscriber may terminate the subscription by notifying the Provider in writing.