|
|
 |
|
|
 |
|
|
 |
|
PhoneCo Internet. ("PhoneCo Internet") agrees to
provide you ("User") with those services ("Service")
set forth on the Application subject to User's compliance with
the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
PhoneCo Internet exercises no control whatsoever over the content
of the information passing through PhoneCo Internet' system.
Use of any information obtained via PhoneCo Internet is at
User's risk. Neither PhoneCo Internet nor any of its affiliates,
its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free;
nor does PhoneCo Internet make any warranty as to the results
from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY PHONECO INTERNET, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER PHONECO INTERNET NOR ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE
IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHONECO INTERNET, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S
USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET
OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION,
SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION
OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
PHONECO INTERNET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, PHONECO INTERNET’S LIABILITY
SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of PhoneCo
Internet in operating the Service, User's sole and exclusive
remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold PhoneCo Internet, its affiliates,
its licensers, its contractors or their respective employees
harmless against any and all liability, loss, claim, judgment,
damage and expense including without limitation attorney's
fees and cost of litigation) incurred or suffered by PhoneCo
Internet, its licensers, its affiliates, its contractors, or
their respective employees as the result of any and all use
of User's account whether authorized or not authorized or as
a result of the negligence, willful misconduct, or breach of
any of the terms of this Agreement by User, including but not
limited to claims, liabilities, losses, damage, judgment and
expense which arise out of alleged injury or death of any person
or damage to property of every kind and description. User shall
promptly notify PhoneCo Internet in writing of any claim of
which it is obligated under this indemnity. User shall have
the right to assume the defense of any such claim. User and
PhoneCo Internet shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
Trademarks
All trademarks, logos, service marks and trade names are proprietary
to PhoneCo, L.P. or other respective owners that have granted
PhoneCo the right and license to use such intellectual property.
Age Limit
User represents to PhoneCo Internet that he or she is 18 years
of age or older. User understands that certain materials available
from Service provided under the terms of this Agreement may
not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials
some of which are sexually explicit or may be offensive. User
accesses such materials at his or her own risk. PhoneCo Internet
has no control over and accepts no responsibility whatsoever
for such materials.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying
the Internet;
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or
materials that may be offensive. Post or transmit any information
or software which contains a virus, cancelbot, trojan horse,
worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained
through the Service for commercial purposes (other than as
expressly permitted by the provider of such information, software
or other material); upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other material
obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect
thereto, without obtaining permission of the copyright owner
or right holder; upload, post, publish, transmit, reproduce,
transmit or distribute in any way any component of the Service
itself or derivative works with respect thereto; send unsolicited
advertising or promotional materials to other network users
(See section titled "MESSAGING"); allow users to
run Mail list, Listserv or any form of auto-responds from User's
account; run or activate processes while User is not logged
in; violate the security of any computer network, crack passwords
or security encryption codes, transfer or store illegal material
including that deemed threatening or obscene, or engage in
any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to
enforce the part-time and personal nature of User's connection,
including the use of pingbots and other methods of avoiding
timing disconnection (See section titled "LIMITATIONS
OF DIAL-UP SERVICES"); or violate any of the rules, regulations
and policies of those networks and computer systems accessed
via User's account. PhoneCo Internet has no obligation to monitor
the Service. However, User agrees that PhoneCo Internet has
the right to monitor the Service electronically from time to
time and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request,
to operate the Service properly, or to protect itself or its
subscribers. PhoneCo Internet will not intentionally monitor
or disclose any private Email message unless required by law.
PhoneCo Internet reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable,
or in violation of this Agreement. PhoneCo Internet reserves
the right to suspend access to the Service for User's account.
The account's suspension may be rescinded within the sole and
absolute discretion of PhoneCo Internet following payment of
a reconnection charge, to be determined by PhoneCo Internet
in its sole and absolute discretion.
Messaging
User agrees to limit their use of the PhoneCo Internet service,
specifically regarding the use of PhoneCo Internet electronic
(email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message
where the return address, originator's address, or any other
identifiable aspect of the message has been purposefully altered
is prohibited. User may not purposefully misrepresent the origination
information of any email messages sent while using the PhoneCo
Internet service.
Fraudulent Content
User agrees to be held responsible for the distribution of
fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS,
RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION
OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $250.00.
PHONECO INTERNET RESERVES THE RIGHT TO CHARGE USER'S CREDIT
CARD, IF ON FILE FOR USE IN PAYMENT OF PHONECO INTERNET SERVICES,
A ONE-TIME FEE OF $250.00 PER VIOLATION OF THESE TERMS. IN
THE EVENT USER PRE-PAYS FOR THEIR PHONECO INTERNET SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, PHONECO INTERNET
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR
THE ONE-TIME FEE OF $250.00 PER VIOLATION OF THESE TERMS. USER
ALSO AGREES TO THE IMMEDIATE TERMINATION OF PHONECO INTERNET
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Dial-Up Services
Although PhoneCo Internet advertises "Unlimited Access" in
regards to some of it's Dial-Up services, there are several
limitations applied. The sole purpose of these limitations
are intended to limit the amount of unnecessary use of PhoneCo
Internet services by any such User, which restricts overall
PhoneCo Internet system availability for other such Users.
These limitations apply only to Dial-Up access services offered
by PhoneCo Internet.
Idle Timeout
User agrees to have their online session automatically terminated
after ten (10) minutes of consecutive inactivity. Inactivity
is defined as less than 500 bytes of data transferred between
User's modem and the PhoneCo Internet service.
Maximum Single Session
User agrees to have an online session automatically terminated
after five (5) hours of consecutive time, regardless of data
transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the PhoneCo Internet
system for a time period of one (1) minute following the termination
of their previous online session, regardless of the reason
for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online
session for each account purchased.
Terms of Payment
A credit card User agrees to allow "PhoneCo Internet" to
bill his or her card on each successive billing date without
obtaining User's permission after the initial charge. User's
account will be renewed by the plan anniversary. User may cancel
the account (see "Right to Cancel") or requesting
to not renew its service plan prior to the plan anniversary.
A credit card User shall notify PhoneCo Internet of any changes
in credit card number or expiration date. If the card is not
honored for any reason, PhoneCo Internet will attempt to notify
the card holder by using the telephone information given at
sign-up or by Email. PhoneCo Internet may call the card holder,
and if alternative billing has not been established, the account
will be terminated. Restoring the account will be subject to
a setup fee of $10.00.
If payment is by check, payment due dates are indicated on
User's invoice. Dishonored checks are subject to a collection
fee to be determined by PhoneCo Internet in its sole and absolute
discretion and User's account may be suspended until the account
is current. If payment is not received, service will be terminated
and a setup fee of $10.00 will be added.
PhoneCo Internet maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are subject to
an interest charge of 2.5% per month on the outstanding balance
or the highest amount allowed by law. Termination of Service
shall not relieve User from the obligation to satisfy outstanding
invoices. In the event PhoneCo Internet utilizes an attorney
to collect any unpaid amounts, User shall be responsible for
the payment of all of PhoneCo Internet’s attorneys' fees
and costs in the collection of these sums.
PhoneCo Internet reserves the right to change prices at any
time without prior notice to it's customers or the public.
Price changes will not be retroactive for existing customers,
regardless of the length of their existing service subscription.
10 Day Money Back Guarantee
If you are not completely satisfied with our services within
the first 10 days of signing up, you will receive refund of
the paid amount for monthly fees - setup fees are non refundable.
Right to Cancel
PhoneCo Internet reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable.
PhoneCo Internet will not refund any shipping, setup, sign
up, or handling fees. Cancellations after the first of the
month will be charged for that month.
User must notify PhoneCo Internet via email or in writing to
cancel Service. Cancellations shall not be honored by Telephone.
Fees for any setup, shipping and handling, and monthly service
charges placed by PhoneCo Internet are non-refundable after
10 days.
No Confidentiality
Information transmitted through PhoneCo Internet and through
the Internet in general is not confidential. PhoneCo Internet
can not and shall not guarantee privacy or protection of any
User. PhoneCo Internet reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of PhoneCo Internet.
Non-transferable
The right to use the Service is not transferable. Accounts
are for User's use only. User shall be responsible for the
confidentiality of User's password. Loaning User's account
to others, connecting a system used by multiple persons, group
use of user log-ins, and consuming more than one modem line
are explicitly prohibited. If User has multiple accounts, then
User shall be limited to one log-in session per system account
at any time. Violation of those terms shall constitute theft
of Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be
asked by the merchant or information or service provider from
whom User is making the purchase to supply certain information,
including credit card or other payment mechanism information.
User agrees that all information User may provide any merchant
or information or service provider on the Service for purposes
of making purchases shall be accurate, complete and current.
The merchants and information and service providers offering
merchandise, information and services on the Service set their
own prices and may change prices or institute new prices at
any time. User agrees to pay all charges incurred by users
of User's account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. User
shall also be responsible for paying any applicable taxes relating
to purchases on the Service.
No System Backup
PhoneCo Internet does not and will not perform system backups
on any User's Email account(s). PhoneCo Internet shall not
be held responsible for any lost email data, email attachments,
or any email message contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth
herein, PhoneCo Internet will not provide historical data,
to any party for any reason, regarding any system or Internet
activity. PhoneCo Internet does not and will not perform system
backups on any User's personal web site account(s). PhoneCo
Internet
shall not be held responsible for any lost web data, web files,
or any web site contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein,
PhoneCo Internet will not provide historical data, to any party
for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
PhoneCo Internet may deny User access to all or part of the
Service without notice if User engages in any conduct or activities
that PhoneCo Internet in its sole discretion believes violates
any of the terms and conditions in this Agreement. If PhoneCo
Internet denies User access to the Service because of such
a violation, User shall not have the right (1) to access through
PhoneCo Internet any materials stored on the Internet, (2)
to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise
or information on the Internet through PhoneCo Internet, and
PhoneCo Internet shall have no responsibility to notify any
third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from
lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually
making use of same, and to disconnect when idle for significant
periods of time (more than 10 minutes). User also agrees to
not remain connected to PhoneCo’s Internet system for
periods exceeding (5) five hours, in any single continuous
session. User authorizes PhoneCo Internet to enforce these
restrictions by appropriate software and network measures,
automated and manual.
PhoneCo Internet reserved the right to change dialup plans
terms from time to time and to move users from one plan to
another at any times. User agrees to notify PhoneCo Internet
if User moves or otherwise changes his or her mailing address
or phone number, and to list a truthful name, postal address
and telephone number on the forms User supplies to PhoneCo
Internet.
In the event that any portion of this Agreement is held to
be 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 remainder
of the provisions shall remain in full force and effect.
PhoneCo Internet' failure to insist upon or enforce strict
performance of any provisions of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between parties nor trade practice shall
act to modify any provision of this Agreement.
PhoneCo Internet may modify this Agreement from time to time
by placing a notice of such modification on our website, and
User's continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of any
such modification. It is the User's responsibility to check
this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification
of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas without regard to its conflicts
of law provisions. Any cause of action User may have with respect
to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause
of action is barred.
PhoneCo Internet shall not be liable or deemed to be in default
for any delay or failure in performance under this Agreement
or interruption of service resulting directly or indirectly
from acts of God, civil or military authority, acts of public
enemy, war, riots, civil disturbances, insurrections, terrorist
acts, accidents, dire, explosions, earthquakes, floods, the
elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond the
reasonable control of PhoneCo Internet.
Venue for litigation of any dispute, controversy, or claim
arising out of, in connection with, or in relation to this
Agreement, or the breach thereof, naming PhoneCo Internet as
the defendant, shall be proper only in a venue determined by
PhoneCo Internet.
In any action between PhoneCo Internet and User to enforce
any of the terms of this Agreement, PhoneCo Internet shall
be entitled to recover expenses, including reasonable attorney's
fees.
This Agreement constitutes the entire agreement between User
and PhoneCo Internet with respect to the Service.
|
|
|
|
