01. All provisions of Provider's Service Contract (Agreement or Contract), are to be incorporated into all other contracts for service which Provider has entered into with the client including Client's Principal Account and Associate Accounts.
02. The benefits of or rights conferred by this agreement are non-transferable. Use of Provider accounts is expressly limited to the individual, business or other entity whose name appears at the bottom of this agreement.
03. Client agrees to use the service in a manner consistent with any and all applicable laws.
04. Client agrees to follow the Acceptable Use Policy of any network accessed pursuant to this Service Contract whether now in existence or added subsequent to the date hereof, including, but not limited to, Provider's system.
05. By agreeing to this contract, Client warrants that he/she is more than 18 years of age or, if not, that the Agreement has been signed by the parent or legal guardian who has accepted responsibility. If Client's representations concerning this section 7 are fraudulent, then Provider has the right to immediately terminate all services and collect any damages caused as a result of the misrepresentation or warranty.
06. Client is responsible for all use of Client's account(s) and confidentiality of Client's password(s) and information. Provider will suspend access or change access to Client's account(s) within a reasonable time upon written notification by Client that his/her password(s) or information has been lost, stolen or otherwise compromised.
07. Client is responsible for any and all local or long-distance telephone charges for connecting to Provider.
08. Provider reserves the right, in its sole discretion, to suspend access to service for Client's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges, or returned or bad checks.
09. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO PROVIDER OR ANY INFORMATION OR SOFTWARE THEREIN. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, EXCEPT AS PROVIDED HEREIN.
10. Neither Provider nor its Information Providers are responsible for any damages arising from Client's use of Provider or by Client's inability to use Provider service for any reason.
11. Provider reserves the right to change without notice the Provider service, including, but not limited to, access procedures, commands, documentation, directory or file structures, vendors and services offered, so long as Provider continues to provide equivalent or greater functionality of services agreed upon herein. If Provider shall provide reduced functionality, Client shall have the right to unilaterally cancel this Agreement.
12. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
13. Provider reserves the right, in its sole discretion, to remove Clients files and return such files and information in a reasonable time to Client after one or both parties terminates the agreement.
14. Provider reserves the right in its sole discretion to remove from public view any information entered into Provider by Client. Provider and its authorized representatives shall have the full rights, but shall not be obligated, to remove publicly viewable information.
15. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
16. Provider, in its sole business judgment, may terminate this Agreement immediately or suspend Client's access to the service upon any breach of this Agreement by Client, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Provider that Client may be performing activities harmful to Provider or its other Clients, employees, vendors, business relationships or any other Clients of the Internet. Upon termination, deposits for future use shall be refunded within a reasonable time, and Client may reapply for membership, although Provider reserves the right in its sole discretion to accept or deny such application.
17. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Provider or its customers may utilize.
18. Use of distribution lists via electronic mail or other mass electronic mailings is subject to approval by Provider.
19. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
20. (A) Provider may modify these terms and conditions upon thirty (30) days written notice to the address listed herein below. Client's use of Provider services after such notice shall constitute Client's acceptance of the modifications to this Agreement.
20. (B) If Provider fails to provide services and products as described herein in a reasonable manner, Client reserves the right to cancel Agreement.
21. Non-enforcement of any section of this Agreement by either party does not constitute a waiver or consent and both parties reserve the right to enforce this Agreement at their discretion.
22. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Client's and Provider's agreement on all other paragraphs shall remain valid.
23. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
24. All notices to Provider shall be provided to Provider's office located at: