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Service Agreement
I. GENERAL
1. When you use C4U_I2U Services it constitutes your acceptance of the terms of this Agreement.
2. Use of C4U_I2U Internet Access accounts is expressly limited to the MAC/Name and Address that appears on this Agreement.
3. All users are responsible for all hardware and software necessary to connect to the C4U_I2U systems and to the Internet. Our technical support department is available for installs and repairs (additional cost may apply).
4. User agrees to use the account in a manner consistent with any and all applicable state and federal laws and regulations. This agreement is made in and shall be construed under the laws of the United States and the States of West Virginia and Ohio. User expressly agrees that his account may be suspended or terminated, without notice, if the User breaches any part of this Agreement.
5. User agrees that the account is for "Unlimited USE", and NOT "Unlimited Connect Time", also known as "camping on". User agrees that failure to adhere to this condition will constitute violation of the terms of this agreement, and will permit C4U_I2U to discontinue the account and refuse reinstatement. User and C4U_I2U mutually agree that as long as the user is actually present at the computer AND ACTIVELY USING THE CONNECTION, connection time is not limited. This means no peer to peer downloading programs.
6. If user is less that 16 years of age, this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of User's account(s). Visit our service center for this agreement.
7. User is responsible for all use of User's account(s) and confidentiality of password(s).
8. Use of "phantom", or non-existent e-mail addresses for messages sent from users of the C4U_I2U is strictly forbidden. Sending of anonymous e-mail messages, or posting anonymous messages on any portion of the C4U_I2U server, including web pages, are prohibited. Mass mailing, also known as "spam", "unsolicited commercial e-mail", "junk e-mail", or "bulk e-mail" is expressly prohibited from and to the C4U_I2U server. Use of your C4U_I2U account to engage in the practice of "mail bombing" is expressly prohibited, and will result in the cancellation of the account responsible. Participation in any illegal activity, including but not limited to false or fraudulent messages, chain letters, or other illegal solicitation or mailing is strictly prohibited, and may result in suspension of service. Customer agrees that his/her use of the service will be within the bounds of the "CAN-SPAM" law of the United States. Anyone outside our system wishing to send e-mail into our system, and therefore using our system, also agrees to abide by the terms of the "CAN-SPAM" law of the United States. Sending mail into, or viewing web pages on our system, constitutes "use" of our system, and thus agreement with the terms of this Agreement.
9. Accessing, or attempting to access another user's computer, whether a customer of C4U_I2U or otherwise, is absolutely prohibited. This includes, but is not limited to, use of programs and/or hardware to "scan" or "probe" other systems on the network, whether on the C4U_I2U local or wide area network, or other systems out on the Internet. Any type of "hacking" of ANY system is strictly prohibited. These same prohibitions apply to any system connected to the network, whether a customer's computer or any server or other device. C4U_I2U actively monitors for such activity on the network, and when detected, the account responsible for the activity may be discontinued without warning. Such activity will NOT be tolerated.
10. C4U_I2U reserves the right to refuse service to anyone violating any of the terms of this agreement. This includes refusing service to an internal customer, as well as refusing incoming mail and/or web services to outside parties wishing to utilize our facilities. Harassment by, or to our customers is grounds for refusal of service under the terms of this Agreement. Outside parties e-mailing our customers with unwanted mail, commercial or otherwise, for which complaints are received, will be blocked from further sending to our network. Harassing e-mails, whether from or to our customers, are subject to blocking and will be reported to the proper authorities.
11. C4U_I2U reserves the right to block any incoming e-mail that it deems to be "spam", or Unsolicited Commercial E-Mail. C4U_I2U will be the sole determiner of the definition of "spam". C4U_I2U also reserves the right to block any incoming e-mails at the request of a customer if that customer files a complaint regarding such messages.
II. BILLING (No billing at this point)
1. User agrees to pay C4U_I2U all charges relating to the use of User's account(s) according to rates and prices published online at the time the service is used. Online rates and pricing are incorporated into this Agreement by reference.
2. Access is subject to credit limits established by the issuer of User's credit card and by C4U_I2U. We may suspend User's access to the service if User exceeds his or her credit limit unless prior arrangements have been made.
3. User is responsible for charges before service is given and C4U_I2U may apply the amount due to the User's credit card at any time.
4. C4U_I2U shall charge your account a fee of $4.95, compounded monthly, liquidated damage charge and late fee for any and all delinquent accounts. User expressly agrees that User will pay all reasonable costs of collection including court costs and reasonable attorney's fees.
5. Fees are due in advance of the period for which service is provided, and are non-refundable.
6. C4U_I2U reserves the right to suspend access to service for User's account(s) for delinquent payments or rejection of charges.
7. A returned check charge of $25.00 will apply to all checks returned by the bank for any reason, including, but not limited to insufficient funds, closed account, etc. Any account for which a returned check is received will be immediately debited for the amount of the check, and if that action causes the account to be delinquent, the account will be suspended until payment of the amount due, plus the returned check fee is received.
8. User agrees that dialup numbers used to access the internet vary in location. C4U_I2U will not be responsible for long distance charges. C4U_I2U advises checking with your local phone company to see if the number you are dialing is a long distance call before using. III. INTELLECTUAL PROPERTY
1. Much of the information available on the Internet is patented, copy written or trademarked and the property of the copyright, trademark or patent holder. Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copy written, trademarked or patented material to any third party without the express written permission of the owner(s) of the intellectual property. C4U_I2U will suspend any User's account upon receipt of notice of a User's potential or actual infringement of intellectual property laws. User agrees to indemnify and hold harmless C4U_I2U from any infringement User's potential or actual infringement of applicable intellectual property laws.
IV. LIMITATION OF LIABILITY
C4U_I2U will use its best efforts to provide you, the User, with continuous, high quality Internet Access. The Internet is a decentralized network of computer systems throughout the world. There is no "system administrator" over the whole Internet, and because of the decentralized nature of the Internet, the quality and availability of any particular service or services is highly variable. As such, C4U_I2U cannot guarantee you that the particular service will always be available. We do however try our best to make you (the end user) happy! Consequently, Internet access is provided "as is" without warranty of any kind. Further, C4U_I2U does not warrant, guarantee or make any representations regarding the use, or the results of the use of the service. In the event that C4U_I2U is unable to perform any of its obligations under this Agreement because of hardware and/or software failure, natural disaster, actions or decrees of governmental bodies or communication line failure not the fault of the affected party, the party who has been so affected immediately shall give notice to the other party and where C4U_I2U is able to do so, it shall use its best efforts to resume performance. You, the User, have the sole remedy of the return of your fee for the time that all of your access to the internet service is interrupted by the failure of C4U_I2U to provide you with access to the Internet network.
V. OPERATION
1. C4U_I2U reserves the right to change, without notice, certain aspects of the service, including but not limited to: Access procedure, hours of operation, menu structure, commands, documentation and services offered.
2. C4U_I2U reserves the right to delete User's account(s) when not accessed for more than 60 days old, or if the account is delinquent more than 30 days.
3. C4U_I2U reserves the right, at its sole discretion, to delete any information entered into the C4U_I2U system by User. C4U_I2U have the right, but are not obligated, to edit information submitted by User for storage and public access.
4. User agrees that any material submitted for publication does not violate or infringe any copyright, trademark, patent, proprietary rights of others, and does not contain anything obscene or libelous, and does not constitute a personal attack on any other person.
VI. LEGAL
1. Entire Agreement and Amendments. This Agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein. This Agreement shall not be varied in any particular or respect except by a written instrument executed in the same manner and formality as this Agreement is executed.
2. Severability. In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement. If such provision shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
3. Use of the service constitutes your full and complete acceptance of the terms of this Agreement. If you accept ALL responsibility then CLICK the "ACCEPT" button to agree to these Terms of Service.