What agreement?
All America.Net customers enter into a service agreement by virtue of using our products and services. This agreement is included with every package of client software delivered to America.net customers. By opening the client software disk packaging, each customer accepts this agreement. As a convenience, this agreement is reproduced in substantially the same form below. If you have any questions about this agreement, please refer to the contact information at the bottom of the document.
END USER AGREEMENT
This Agreement ("Agreement") sets forth the terms and conditions under which America.Net ("Provider") will use commercially reasonable efforts to provide service by which you will gain Internet access.
1. THE SERVICE
1.1 Provider will use commercially reasonable efforts to provide you with Service by which you will gain Internet access ("the Service"). Provider will provide on-line registration software, upon payment of the appropriate fees.
1.2 No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on Provider or any of its contractors relating to the subject matter of this Agreement.
2. GENERAL SUBSCRIBER OBLIGATIONS
2.1 You will obtain access to the Service via your password. You agree to maintain your password as private and confidential information. Only you or those who reside in your home are authorized to obtain access to the Service via your password. Only one person is allowed to access the Service via the password at a time; access to the Service by multiple users at the same time via a single password is strictly prohibited. You are signing this Agreement on behalf of yourself and any person who accesses the Service under your password. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.
2.2 You represent and warrant that you are at least 18 years of age. You may at your discretion permit persons under 18 years of age to use the Service, and you acknowledge that you are responsible to provide adult supervision. You acknowledge further that the Service provides full access to the Internet without restriction. The Service is not intended to be used to enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.
2.3 The Service is provided to you individually. Subject to Section 2.1, you may not transfer your subscription or your rights and obligations under this Agreement to any other person.
2.4 From time to time, Provider may post notices about the Service, including notices related to upgrades, maintenance, outages, etc. to you via email. You are responsible for checking your email for such notices and for compliance with such notices.
3. PAYMENT TERMS
3.1 You agree to pay an initiation fee and a monthly recurring charge for the Service in accordance with Provider's standard charges. You agree to pay all applicable federal, state and local fees or taxes.
3.2 Provider reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable notice to you.
3.3 Initiation fees are due at the initiation of the Service. Monthly charges are payable in advance. Failure to pay all bills within 30 days of billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate of one and one-half percent (1 �%) per month for any outstanding fees or portions thereof not paid as provided herein. Provider may charge a reasonable service fee for all returned checks and bank card or charge card chargebacks. Your continued use of the Service indicates acceptance of the terms and conditions of this Agreement and authorizes Provider to continue charging your account for providing you the Service.
3.4 If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection.
3.5 You will be responsible for all expenses (including reasonable attorney's fees) incurred by Provider in collecting any unpaid amounts due in accordance with this Agreement.
3.6 If you elect the monthly or discounted payment plans and choose to discontinue service at any time during such period, you will be responsible for all fees due for the entire term. Your Service will remain available to you for the entire term for which you have paid regardless of your early termination notice. Provider will not provide credits or refunds for an early termination of service.
4. COMPUTER EQUIPMENT REQUIREMENT
In order to make use of the Service, you must use, as a minimum, one of the types of computer equipment and software suites listed below:
PC EQUIPMENT REQUIRED: 486 or higher, with at least 8MB RAM, 30 MB hard disk space available, 14.4 baud modem, and either Windows 3.1, Windows 95, Windows 98, or NT operating system.
MACINTOSH EQUIPMENT REQUIRED: 10MB RAM, 30MB hard disk space available, 14.4 baud modem and operating system 7.5x to 8.x.
5. USER BACK UP RECOMMENDATION
In order to install certain materials which may be provided to you in connection with the Service or may be required to make use of the Service, it may be necessary to open the applicable computer equipment. When software is installed on such computer equipment, the system files may be modified. Provider does not warrant that the opening of such computer equipment or the installation of software will not disrupt the normal operations of such computer equipment or cause the loss of files. FOR THESE AND OTHER REASONS, PROVIDER RECOMMENDS THAT YOU BACK UP ALL FILES PRIOR TO INSTALLATION.
6. INSTALLATION AND ACCESS
If necessary, Provider may schedule one or more installation visits with you. You must be present at your home during installation. Following installation, you will provide Provider with reasonable access to the premises to inspect, repair and maintain Provider's equipment. Upon termination of your purchase of the Service, you will return the equipment or provide Provider with access to your premises to remove it.
7. OWNERSHIP AND USE OF
EQUIPMENT AND SOFTWARE
7.1 Any equipment supplied and installed by Provider under this Agreement shall at all times remain the property of Provider or its third party contractors and must be returned to Provider in good condition at the termination of service. You will use reasonable care to avoid damaging the equipment and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the equipment. If the equipment is not returned to Provider in good condition immediately upon termination, you will be charged and you agree to pay an amount as reasonably determined by Provider for its replacement.
7.2 Provider grants you a limited, non-exclusive license to use any software provided and installed by Provider for use in connection with the Service only. You may make one copy for archival purposes only. The license terminates upon termination of this Agreement, disconnection or discontinuance of the Service. Upon termination, discontinuance or disconnection, you will promptly destroy all such software and any copy you have made.
8. SERVICE AND PERFORMANCE
Provider will make reasonable efforts to assure that the Service is available to you 24 hours per day, seven days per week. It is possible, however, that there will be interruptions of service. If an outage condition is known sufficiently in advance, Provider may attempt to provide you with electronic mail notification.
9. CUSTOMER USE
9.1 The Service is a telecommunications service for personal use. You agree not to resell or redistribute access to the Service in any manner. Provider reserves the right to disconnect or reclassify the Service to a commercial grade for failure to comply with any portion of this provision.
9.2 You agree to abide by the policies of the Service as they are electronically posted and modified from time to time. You agree not to use the Service or any equipment or software provided by Provider:
a) for any illegal purpose,
b) to achieve unauthorized access to any computer systems,
c) to achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, trademark, or trade secret law,
d) to copy, distribute or sublicense any software provided by Provider, except that you may make one copy of each software program for back-up or archival purposes only,
e) for excessive data transfer which interferes with the experience of other users,
f) to interfere with access to the Internet by other parties or disrupt the network used by Provider,
g) to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user,
h) to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other customers, except in those areas that are designated for such a purpose, or
i) to post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material.
In the event of your violation of any of the above, Provider reserves the right, in its sole discretion, to take any one or more of the following actions:
a) remove those materials that violate these policies,
b) hold you liable for any damages resulting from the violation of these policies,
c) terminate this Agreement and your continued purchase of the Service.
10. SUPPORT AND MAINTENANCE
10.1 Provider will provide Internet technical support as set forth below twenty four hours a day. You may call Provider's technical support hotline at any time if you have an Internet-related problem. However, depending on call volume and major outages, you may be required to leave a message for a technical support representative to return your call. Technical support representatives will only assist you with your connection to the Internet. They will not assist you with any other hardware or software problems or issues.
10.2 If your use or modification of the software, hardware or equipment supplied by Provider requires a visit to your home for repair or correction, Provider reserves the right to charge you for the visit and labor required to correct the situation. Provider does not undertake to correct or repair software, hardware or equipment which it does not supply.
11. CHARGES FOR ON-LINE
SERVICES/ INTERNET
TRANSACTIONS
11.1 Through use of the Service, you may access certain information, products, and services from persons other than Provider for which there is a charge. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ON-LINE SERVICES, PRODUCTS, OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF PROVIDER.
11.2 YOU ARE ALSO ADVISED THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD OR OTHER FINANCIAL INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET-BASED TRANSACTIONS.
11.3 PROVIDER DOES NOT ENDORSE OR WARRANT ANY THIRD PARTY PRODUCTS, SERVICES OR CONTENT THAT ARE DISTRIBUTED OR ADVERTISED OVER THE SERVICE.
12. LIMITATION OF LIABILITY;
NO WARRANTIES
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF PROVIDER, ISPA, AND ALL THEIR AFFILIATES.
12.1 Damage To Computer Equipment. Except in cases of Provider's negligence, Provider assumes no responsibility for any damage to or loss or destruction of computer equipment.
12.2 Damage, Loss Or Destruction Of Software Files And/Or Data. Provider assumes no responsibility whatsoever for any damage to or loss or destruction of any of your software, files, data, or peripherals which may result from your use of the Service, or from the installation, maintenance, or removal of the Service, equipment or software. Provider does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.
12.3 NO WARRANTIES/LIMITATION OF LIABILITY. PROVIDER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED AS IS. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE.
12.4 No Liability For Unauthorized Access. Provider treats private communications on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications. However, the applicable telecommunications network is a shared network used by subscribers to telecommunications services. Since the network is shared and beyond the network the Internet does not provide security, others may access or monitor your traffic. Provider does not warrant that any data or files sent or received by you over the network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to the applicable computer. Provider has no responsibility and assumes no liability for such acts or occurrences. If you choose to run applications from the applicable computer which permit others to gain access to it, you must take appropriate security measures. Provider is not responsible for and assumes no liability for any damages resulting from the use of such applications. Provider is not responsible and assumes no liability for damages resulting from others accessing the applicable computer.
12.5 No Liability For Viruses. Provider makes no representation or warranty that any software installed on computer equipment or which you may download from the Internet, on-line service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Provider has no responsibility and assumes no liability for such acts or occurrences.
12.6 No Liability For Content. While Provider supplies access to the Internet, it is not the publisher of any information provided by others through the Internet. Provider does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service, or content provider. Such content or programs may include, but are not limited to, programs or content of an infringing, inaccurate, abusive, profane, or sexually offensive nature. All content from other parties accessed via the Service is accessed by you and those you have authorized, all at your own risk, and Provider assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the Service.
12.7 No Liability for Parental Empowerment Tools. While you may license certain blocking and filtering software developed by others that empower parents and teachers to restrict their children's and students' access to objectionable or inappropriate material and to protect them from disclosing personal or other information, Provider is not the publisher of this software. Provider is not in any manner responsible for the effectiveness of these blocking and filtering technologies.
13. INFRINGEMENT
While Provider believes strongly in copyright law and other laws that protect the rights of persons transmitting communications within and outside of its network, Provider in most instances merely provides carriage of material contained in electronic communications, browser software, and access to networks and facilities not under its control. Provider assumes no liability whatsoever for any losses, claims, damages, expenses, liabilities or costs (including legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the equipment, software, or Service by you or a third party infringes the copyright, patent, trademark, trade secret or other industrial or intellectual property rights or contractual rights of any third party.
14. TERMINATION
14.1 You may terminate this Agreement at any time. Any equipment and other material of Provider must be returned within 15 days to avoid additional charges.
14.2 Provider does not visit your home upon termination to restore or reconfigure the Home Computer.
15. ASSIGNMENT
Neither this Agreement nor any of your rights or obligations hereunder shall be assigned by you, in whole or in part, or by operation of law or otherwise, without the prior written consent of Provider. Any attempt to sublicense, assign or transfer this Agreement or any rights of you herein, by any means or in any form, without the prior written consent of Provider shall be null and void. Provider may assign this Agreement to any party controlling, controlled by, or under common control with Provider.
16. AMENDMENT
No additional terms, consent, waiver, alteration or modification of any provision of this Agreement shall be binding unless in writing and signed by an authorized representative of both parties.
17.WAIVER AND SEVERABILITY
Failure by either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of such provision nor in any way affect the validity of this Agreement or any part thereof or the right of the other party thereafter to enforce the provisions hereof. The provisions of this Agreement are severable, and any provision of this Agreement that is determined to be void or unenforceable by a court of competent jurisdiction shall not affect the enforceability of the remaining provisions herein, and the remaining provisions shall be enforced as if this Agreement was originally written without the invalid provision. All exhibits or schedules attached hereto are incorporated herein by reference.
18. FORCE MAJEURE
Neither party shall be liable for any delay or failure in performance of this Agreement if caused by an act of God or any factor beyond control of the party, or as a result of a third party other than Provider or you, including, but not limited to, (i) failure of the other party to comply with its obligations and responsibilities hereunder or to provide materials or information specified herein or (ii) failure in operation of the relevant portion of the Internet due to a technology failure (other than arising out of the neglect or mishandling by either party hereunder). In any such event, the date of the party's performance shall be deferred for a period of time equal to the time lost by reason of such act of God or other factor beyond control, provided that the delayed party shall cooperate with the other party in minimizing any adverse impact of such occurrence.
19. NOTICES
All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties to this Agreement at their address set forth below or to such other address as either party may substitute by written notice to the other.
20. GOVERNING LAW
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Georgia without giving effect to its conflict of laws. Any litigation or legal action to enforce or interpret this Agreement shall be filed and heard only in the state or federal courts located in Atlanta, Georgia, and Customer consents and submits to the exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with this Agreement in such courts. If any legal action is brought by either party relating to this Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys' fees and related expenses.
21. ENTIRE AGREEMENT
This Agreement and the exhibits and schedules hereto constitute the entire understanding of the parties with respect to the subject matter hereof and shall supersede all proposals and prior agreements and understandings, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. In the case of any conflict between this Agreement and any of the Exhibits hereto, the terms and conditions of this Agreement shall control and govern.
BY USING PROVIDER'S SERVICE, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT AND THAT I AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. EACH TIME THAT I USE PROVIDER'S SERVICE, I REAFFIRM MY ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Questions? Comments?
Please email or call us at 1-888-391-4772.
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