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World Internet Services
2447 Bedford Street
Suite 103
Johnstown, PA 15904
Phone: (814)-266-3187
Site
©2005
World Internet Services |
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.
This is a legal agreement between
you and WORLD INTERNET SERVICES for the use of the Internet
access service and related features (the "Service").
If you do not agree to the terms and conditions in this Agreement,
do not register for or use the Service. By completing the
registration, you signify your agreement with the terms and
conditions of this Agreement. If you do not agree to all of
the terms and conditions of this Agreement, please return
the client software and all associated materials to WORLD
INTERNET SERVICES.
If you are dissatisfied with
the Service or with any terms, conditions, rules, policies,
guidelines, or practices of WORLD INTERNET SERVICES in operating
the Service, your sole and exclusive remedy is to discontinue
using the Service.
1.
THE SERVICE.
The Service
consists of dial-up Internet Protocol ("IP") connectivity
to the WORLD INTERNET SERVICES Network, as well as access
or connectivity to any of the information sources or services
which may be provided by WORLD INTERNET SERVICES or be available
from other service providers participating in or connected
to WORLD INTERNET SERVICES'S Service. Some of these additional
services may be provided without charge to users of WORLD
INTERNET SERVICES'S Service, but separate charges may be applicable
to some of these other services. These charges may appear
on your bill from WORLD INTERNET SERVICES, or they may be
billed to you separately by the providers of such services.
Some other providers may also have additional registration
or eligibility requirements in order to use their services.
By posting updated versions of this Agreement on the Service,
WORLD INTERNET SERVICES may modify the terms of this Agreement
or prices for the Service, and may discontinue or revise any
or all other aspects of the Service in its sole discretion
and without prior notice. All such changes shall become effective
upon posting of the revised Agreement on the Service, as to
Service used by you after the date of such changes. The updated,
on-line version of this Agreement shall supersede any prior
paper or disk based copies of this Agreement that may have
been in any related materials provided by WORLD INTERNET SERVICES.
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2.
TERM.
This Agreement
for the use of the Service will be in effect from the date
your completed registration is accepted by WORLD INTERNET
SERVICES. This Agreement and your use of the Service may be
terminated by you at any time with 30 days advance written
notice to WORLD INTERNET SERVICES, or by WORLD INTERNET SERVICES
at any time with or without notice for your non-payment or
other default. Cancellations via telephone will NOT be accepted.
The provisions of WORLD INTERNET SERVICES'S Acceptable Use
Policy and all obligations of and restrictions on you and
any user of your account with respect to the Service shall
survive any termination of this Agreement.
User may cancel
or terminate service at any time by giving a written, 30-day
notice to the provider. However, because of our relationship
with our network provider, if user cancels service in one
month and then continues to be active on the service during
any portion of the following calendar month, the user will
be charged for the entire following month's service. Likewise,
if a user establishes and uses service on the last day of
a calendar month, then uses service on the first day of the
next calendar month, the user will be charged for two months
of service.
Example: User
provides cancellation notification on the 10th of January.
User continues to use the service during the first week of
the following month, February. User will be billed for the
entire month of February. User's service will be terminated
the following month, March.
Example: User
signs up for and uses service on the 31st of January, then
uses service on the 1st of February; the user will be charged
for two months.
There will
be a $15 fee to re-activate your service if you are suspended
for non-payment. This fee must be paid before you can reactivate
your account.
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3.
SERVICE RATES AND CHARGES.
The rates and
charges for the Service shall be as set forth in your registration
package or otherwise in accordance with World Internet Services's
rate schedule as in effect from time to time, a copy of which
is posted on-line or otherwise shall be provided to you upon
request. Rates and charges, and other terms and conditions
of the Service, are subject to change by World Internet Services
and will be provided on the Service. You will be billed in
advance for the term of service. And for any other services
utilized by you or other users of your account which are billed
for by World Internet Services in connection with the Service
(including any applicable taxes), either directly by World
Internet Services or through a third party billing agent,
or you're designated credit card company. If paid by credit
card, the terms of the applicable credit card agreement will
apply. Otherwise, payment for the Service and any such other
services billed for by World Internet Services, including
any applicable taxes, must be received by World Internet Services
or its billing agent prior to the first of each month, if
any payment due here under is not made within seven (7) days,
late charges of one and one-half percent (1 1/2%) per month
or $5.00, whichever is greater of the two, shall be due and
payable with respect to such payment and a $15.00 reconnection
fee must be paid.
You understand
that your account will be automatically billed on a periodic
basis up to one month in advance as pre-payment for services.
You authorize WORLD INTERNET SERVICES to continue to charge
the credit card or checking account you have provided, for
all fees and charges due, until you change your payment method
or cancel your account. You understand that you must notify
WORLD INTERNET SERVICES in writing, via fax, USPS, hand delivery,
or by calling 814-266-0239, 30 days in advance of your next
billing period of any request to change or discontinue this
automatic charge agreement.
If paying by
check and the check is returned by the bank, you will be assessed
a minimum of a $20 Returned Check Fee.
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4.
OTHER RESPONSIBILITIES OF USER.
You agree that
you will be the only user of your account ID and password
and that you will not transfer or disclose either your account
ID or password to any other person (except that you may at
your own risk and on your own responsibility permit other
members of your family to access the Service using your account
ID and password), and that you will be responsible for all
usage of the Service and any other services accessed through
the Service on your account whether or not authorized by you.
You agree that your Network Access will not exceed 150 hours
in a single month. You agree to pay the applicable fees as
set forth in your billing statement by the due date, and to
pay any interest or late fees incurred for late payment of
the required fees.
You agree not
to transmit or publish on or over the Service any information,
software or other content, which violates or infringes upon
the rights of any others or to use the facilities and capabilities
of the Service to conduct any business or activity or solicit
the performance of any activity that is prohibited by law.
You agree to comply with all applicable laws, rules and regulations
in connection with the Service. You acknowledge that you are
aware that certain content, services or locations of the Service
or of other parties that may be accessible through the Service
may contain material that is unsuitable for minors (persons
under 18 years of age). You agree to supervise usage of the
Service by any minors whom you permit to use the Service.
WORLD INTERNET SERVICES may modify this Agreement from time
to time. It is your responsibility to check this Agreement
regularly to determine whether this Agreement has been modified.
If you do not agree to any modification of this Agreement,
you must immediately stop using the Service.
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5.
LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY
AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER
WORLD INTERNET SERVICES NOR ANY OF ITS UNDERLYING SERVICE
PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR
AGENTS WARRANT WORLD INTERNET SERVICES OR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES,
OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN
"AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH
WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER WORLD INTERNET
SERVICES NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY
LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL
DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF
THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF
WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS
OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES
AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT
IN ANY WAY HOLD WORLD INTERNET SERVICES RESPONSIBLE FOR ANY
SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD
PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH
WHOM WORLD INTERNET SERVICES MAY CONTRACT TO OPERATE VARIOUS
AREAS ON THE SERVICE).
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6.
REMEDIES OF USER.
Your sole and
exclusive remedy for any failure or non-performance of the
Service (including any associated software or other materials
supplied in connection with the Service) shall be for WORLD
INTERNET SERVICES to use reasonable efforts to effectuate
an adjustment or repair of the Service and, in the event such
downtime exceeds twenty-four consecutive hours, to receive
a pro-rata refund or credit of or against any charges otherwise
payable for the Service for the period of Service downtime.
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7.
LIMITATION OF LIABILITY.
In the event
that a court should hold that the limitations of liabilities
or remedies available as set forth in this Agreement, or any
portions thereof, are unenforceable for any reason, or that
any of your remedies under this Agreement fail of their essential
purpose, you expressly agree that under no circumstances shall
WORLD INTERNET SERVICES'S total liability to you or any party
claiming by, through or under you for any cause whatsoever,
and regardless of the form of action, whether in contract
or in tort, including negligence, in the aggregate, exceed
the amount of charges paid by you for use of the Service under
this Agreement during the twelve-month period preceding the
date such claim first arose.
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8.
INDEMNIFICATION BY USER.
You shall indemnify
and hold harmless WORLD INTERNET SERVICES and any of its underlying
service providers, information providers, licensors, employees
or agents from and against any and all claims, demands, actions,
causes of action, suits, proceedings, losses, damages, costs,
and expenses, including reasonable attorneys fees, arising
from or relating to your use of the Service, or any act, error,
or omission of you or any user of your account in connection
therewith, including, but not limited to, matters relating
to incorrect, incomplete, or misleading information; libel;
invasion of privacy; infringement of a copyright, trade name,
trademark, service mark, or other intellectual property; any
defective product or any injury or damage to person or property
caused by any products sold or otherwise distributed through
or in connection with the Service; or violation of any applicable
law.
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9.
USE OF MATERIALS, MARKS AND INFORMATION.
(a) You may
use, copy and distribute the materials found on the Service
for internal, noncommercial, informational services only.
All copies that you make of the material must bear any copyright,
trademark or other proprietary notice which pertain to the
material being copied. Except as authorized in this paragraph,
you are not being granted a license under any copyright, trademark,
patent or other intellectual property right in the material
or the products, services, processes or technology described
therein. All such rights are retained by WORLD INTERNET SERVICES,
its affiliates and/or any third party owner of such rights.
(b) The WORLD
INTERNET SERVICES and logos and all related product and service
names, design marks and slogans are the property of WORLD
INTERNET SERVICES or its affiliates. You are not authorized
to use any WORLD INTERNET SERVICES name or mark in any advertising,
publicity or in any other commercial manner without the prior
written consent of WORLD INTERNET SERVICES.
(c) Any feedback,
data, answers, questions, comments, suggestions, ideas or
the like, which you send to WORLD INTERNET SERVICES will be
treated as being non confidential and nonproprietary. WORLD
INTERNET SERVICES assumes no obligation to protect such information
from disclosure and will be free to reproduce, use, and distribute
the information to others without restriction. WORLD INTERNET
SERVICES will also be free to use any ideas, concepts, know-how
or techniques contained in such information for any purpose
whatsoever including but not limited to developing, manufacturing
and marketing products and services incorporating such information.
WORLD INTERNET SERVICES may also use your status as a subscriber
to the Service for the purpose of marketing to you other WORLD
INTERNET SERVICES products and services.
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10.
ENDORSEMENTS.
All product
and service marks contained on or associated with the Service
that are not WORLD INTERNET SERVICES marks are the trademarks
of their respective owners. References to any names, marks,
products or services of third parties or hypertext links to
third party sites or information do not necessarily constitute
or imply WORLD INTERNET SERVICES'S endorsement, sponsorship
or recommendation of the third party, information, product
or service.
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11.
BROWSER SOFTWARE.
If any Internet
browser or other software has been provided to you for use
with the Service, you agree to be bound by and to comply with
the terms and conditions of the separate software license
which is applicable to and was provided to you along with
such software.
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12.
GENERAL.
(a) WORLD
INTERNET SERVICES shall not be responsible for any delay in
delivery or performance of any of its duties here under due
to acts of God, acts or omissions of any regulated telephone
network or any other occurrence commonly known as force majeure.
(b) Your right
to use the Service is not transferable and is subject to any
limits established by WORLD INTERNET SERVICES and by your
credit card company if billing is through a credit card.
(c) No action,
regardless of form, arising out of the Service or this Agreement
may be brought by you or any party claiming by, through or
under you more than one year after the cause of action has
arisen.
(d) This Agreement
and the Service shall be governed by the laws of the State
of Alabama, without regard to its conflicts of laws provisions.
If any provision or provisions hereof shall be held to be
invalid, illegal, or unenforceable, the validity, legality,
and enforceability of the remaining provisions shall not be
in any way affected or impaired thereby.
(e) This Agreement
and any modifications published by WORLD INTERNET SERVICES
over the Service constitute the entire and only agreement
between you and WORLD INTERNET SERVICES with respect to the
Service and supersede all other communications and agreements
with regard to the subject matter hereof.
(f) Your use
of the Service is also governed by WORLD INTERNET SERVICES'S
Acceptable Use Policies applicable to the Service, which are
available on-line via the Service and which are subject to
change by WORLD INTERNET SERVICES from time to time.
(g) You are
responsible for and must provide all telephone and other equipment,
software (other than any browser software that may be provided
by WORLD INTERNET SERVICES and services necessary to access
the Service, including any inter exchange (interLATA) long
distance service which must be provided by the carrier or
other provider of your choice.
(h) You assume
all risk and liability of your use of the Internet or other
services or content accessible through WORLD INTERNET SERVICES'S
Service, including your continuous compliance with this Agreement.
HOW
WE MAY USE INFORMATION YOU PROVIDE TO US
Do not send
us any confidential or proprietary information. Any feedback,
data, answers, questions, comments, suggestions, ideas or
the like, which you send to us will be treated as being
non confidential and nonproprietary. We assume no obligation
to protect such information from disclosure and will be
free to reproduce, use, and distribute the information to
others without restriction. We will be also be free to use
any ideas, concepts, know-how or techniques contained in
information that you send us for any purpose whatsoever
including but not limited to developing, manufacturing and
marketing products and services incorporating such information.
CONTENT
AND LIABILITY DISCLAIMER
Material
on WORLD INTERNET SERVICES'S Web Sites may include technical
inaccuracies or typographical errors. Changes may be periodically
incorporated into this material. WORLD INTERNET SERVICES
may make improvements and/or changes in the products, services
and/or programs described in these materials at any time
without notice. The materials on WORLD INTERNET SERVICES'S
Web Sites are provided "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some
jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. In no event
shall ANY WORLD INTERNET SERVICES Company be liable for
any damages whatsoever, including special, indirect, consequential
or incidental damages or damages for loss of profits, revenue,
use, or data whether brought in contract or tort, arising
out of or connected with any WORLD INTERNET SERVICES Web
Site or the use, reliance upon or performance of any material
contained in or accessed from any WORLD INTERNET SERVICES
web site.
ANTI
SPAM POLICY
Advertising
by spamming, is a violation of WORLD INTERNET SERVICES'S
Acceptable Use Policy. This includes any URLs off WORLD
INTERNET SERVICES'S network, whether or not the spam was
transmitted from WORLD INTERNET SERVICES customer networks.
It is WORLD INTERNET SERVICES'S position that any Website
engaged or benefiting from spam shall be removed from our
network. However, if you feel other measures can be taken
which will stop the spam, you may contact WORLD INTERNET
SERVICES'S Internet Abuse Investigations team to discuss
the incident. It is imperative that you respond to this
complaint so that the Internet Abuse Investigations team
will know the issue is resolved.
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