MegaNet Terms of Service - ALL ACCOUNTS
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Troy City Internet
Exchange, Inc.
dba Meganet Communications |
| Services.
Client is responsible
for installing and configuring any software that will be used in conjunction
with Meganet dial-in services. Client is responsible for providing
all computer equipment, modems, telephone lines and telephone services
necessary to access Meganet services. It is the client's responsibility
to choose a local access number, in the event a local access number
is not available or not used the client is responsible for any and
all long distance charges. Meganet reserves the right to perform maintenance
procedures, without prior notice, on any day between the hours of
1am and 7am. Such procedures may cause any or all Meganet services
to be inaccessible. |
| Use
of Services. Provision
of network services without prior written consent, including, but
not limited to, web services and ftp via a Meganet dialup account
is strictly prohibited and may result in account termination. "Spamming",
or unsolicited or inappropriate emailing to persons, entities, or
Usenet newsgroups is expressly prohibited, and may result in suspension
or termination of Client .s account. The use of unsolicited email,
regardless of origin, to promote a Meganet-hosted (or Client-hosted)
website or service is likewise expressly prohibited, and may result
in termination of Client's account. Any account used to send unsolicited
email will be assessed a fee equal to the greater of a) $10 per complaint
received, or b) $0.30 per recipient of the unsolicited message. Client
is responsible for maintaining backups of any data stored on Meganet-owned
equipment. Meganet shall not be held liable for any losses resulting
from loss of customer data. |
| Billing.
Payment for Meganet
services may be made by check, money order, or credit card. Recurring
charges billed, via email, on or about the 15th calendar day of the
month for the following month's services. Payments are due and receivable
by the 1st calendar day of the month of service. Any account that
remains unpaid for 15 days is subject to suspension until all outstanding
balances have been paid in full. Accounts remaining unpaid for 60
days are subject to cancellation without notice. Re-activation of
canceled accounts requires payment in full of all outstanding invoices,
payment of an administrative set-up fee equal to that of the new-user
set-up fee, and the provision of a valid credit card to be charged
for all future billing. Termination of account does not remove Client's
responsibility to pay all fees incurred up to the date of account
termination. Client will assume financial responsibility for all fees
related to the collection of Client's debt to Meganet, including,
but not limited to, legal fees and payments to collection agencies.
Returned checks are subject to a service charge of $20.00, and will
result in the requirement that all future payments be made by money
order or credit card. Client agrees to notify Meganet of any changes
in billing address, phone number, and credit card information. Credits
and monthly billings will be prorated based upon two 15 day billing
cycles for each month when accounts are cancelled. All accounts terminated before the end of their contract are liable for,
100% of all Telco circuits cost, 75% of all Meganet monthly costs. Telco
charges are only due if Telco charges are paid directly to Meganet, all
customer ordered circuits are the responsibility of the Customer. |
| Termination,
Rate Changes, Notification.
Meganet reserves
the right to terminate any and all services, accounts, and connections
without prior notification for any reason. Meganet reserves the right
to delete all data, files, or other information stored in Client's
account if account is terminated for any reason, either by Meganet
or by Client. If Client wishes to discontinue service, Meganet will,
upon written request from Client, issue a prorated refund for the
number of unused days of service for which payment has been received.
Refund of any prepaid fees will be prorated based on fees in effect
at the time of cancellation. Cancellation of prepaid yearly accounts
will negate any discounts offered in conjunction with such accounts,
and refunds will be issued accordingly, with used services billed
at the standard monthly fee in effect at the time of cancellation.
Accounts terminated for violation of this agreement will not be eligible
for a refund. Meganet reserves the right to make changes and/or amendments to any or all parts of this agreement without prior notice to Client. Meganet will post all pricing and policy changes to the Meganet home page at http://www.meganet.net/. Use of Meganet services after the posting date of said changes constitutes Client .s acceptance of the new terms and conditions. If Client does not agree to the new terms and conditions, Client may terminate services in accordance with this agreement. |
| Support
/ Warranty. Meganet
services are provided "as is" and Meganet makes no warranties, expressed
or implied, with respect to the merchantability, fitness, or reliability
of the services provided by Meganet, its subcontractors, or affiliates.
Meganet shall not be held liable for damages or losses suffered by
Client, direct or indirect, incidental, consequential, exemplary or
special, including, but not limited to loss of data, non-delivery,
mis-delivery, service interruptions, and accidental or intentional
deletion, regardless of cause or fault. |
|
Minors
/ Consent. Use
of Meganet services constitutes Client's acknowledgment and agreement
that Meganet is responsible only for provision of the connection
allowing access to the Internet, and that Meganet is not responsible
for Internet content other than that contained in Meganet's own
web site. Some Internet content may not be suitable for all viewers.
Client agrees to view Internet content at their own discretion,
and that Meganet is not responsible for and does not guarantee the
accuracy, truthfulness, or completeness of any information provided
through the Internet or Meganet services. Minors are expected
to use Meganet services only with the permission of a parent or
legal guardian. Meganet shall not be held responsible for the actions
of a minor using a legitimate account, or for the use of information
obtained through Meganet services by a minor. |
| Resale
of Meganet Services. Resale
or redistribution of Meganet services is expressly prohibited. Meganet
may permit Client to provide Internet services to third parties only
under an exclusive written agreement between Meganet and Client. |
| General
Provisions / State and Federal Laws.
Transmission of
information which violates any laws, state, federal, or otherwise,
is expressly prohibited. Information prohibited from transmission
may include, but is not limited to, copyrighted information, trade
secrets, and images or information legally judged to be obscene or
threatening. Meganet, at its sole discretion and without repercussion,
may edit, limit, or delete any information provided by or through
Meganet services which in Meganet's good faith and judgment may violate
this agreement. Meganet may choose not to enforce any stipulation of this agreement. Meganet's failure to enforce any stipulation in this agreement shall not limit or waive Meganet's right to subsequently enforce any and all stipulations between Meganet and Client. If any provision of this agreement is deemed, by a court of appropriate jurisdiction, to be unenforceable, the remaining provisions shall remain in full force. |