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Terms and
Conditions
TERMS OF SERVICE
Thank you for
choosing AClass for your Dialup needs. AClass has developed a complex
infrastructure of up-to-date network and data serving equipment in order to
make your access to the Internet ("AClass Network") reliable and
user friendly.
By registering for any AClass service, the user agrees to the terms and
conditions specified in this document. AClass reserves the right to make
changes and supplement this document at any time and it is the customer's
responsibility to check for updates.
LAWFUL
USE
AClass's service may only be used for lawful purposes and consistent with all
rights of other parties. Without limiting the foregoing, AClass's service
shall not be used in a manner which would violate any law or infringe any
copyright, trademark, trade secret, right of publicity, privacy right or any
other right of any person or entity or for the purpose of transmitting or
storing of material which is obscene, libelous or defamatory. Use and access
to other networks through AClass must comply with the rules, regulations,
terms, policies and/or conditions for such other networks. For purposes of
tracking security breaches as well as general system administration.
No user of AClass shall compromise the security of any system or device on
our network or any external network, or attempt to bring about a denial of
any form of service on our network or any external network.
MAIL
USAGE
In order to maintain an efficient environment for the exchange of information,
AClass will not facilitate the transmission of harassing or mass unsolicited
email in any form, and therefore such activity is strictly prohibited. Using
or storing programs or methods designed to conceal the author's identity by
forging header information is also prohibited.
Using programs to collect email addresses from mailing lists, newsgroups or
Web sites ("address harvesters" or "extractors") is
strictly prohibited. Additionally, the use of any form of bulk emailer system
to deliver unsolicited mail in any amount is strictly prohibited.
The use of "opt-out" mail distribution techniques is strictly
prohibited. "Opt-out" techniques require users to do something
proactively not to receive future emails from a source they never originally
requested to receive email from. This includes requiring users to send email
to "remove" addresses in such cases. "Opt-in" lists,
where users specifically elect to receive your mailings, are permitted,
provided ample proof is submitted in advance of the mailing that users
actually elected to receive mail from you. If proof of opt-in is not provided
in advance, any mass-emailing is prohibited and will be cause for immediate
termination of service and a cleanup fee of $1000.
Evidence that the user is participating in any referenced prohibited
activities may result, at AClass's sole discretion, in the immediate
cancellation or suspension of the user’s account.
AClass reserves the right to communicate information of a commercial or
non-commercial nature to its users that it believes will enhance the benefits
of the AClass service.
CHANGES
TO SERVICE
The services provided by AClass are expected to change as technology changes
and systems are upgraded. AClass reserves the right to change any service
offered or the features of any service offered on its network, including
changes to access and use procedures such as idle connections, and all system
hardware and software.
PAYMENT
TERMS
AClass's customers will be billed the day the account is created. Rate
changes are effective when notified via AClass email or in writing. AClass
will make every effort to notify customers of a service rate change at least
thirty (30) days in advance of such change.
If payment is not received within five (5) days of the billing due date, due
to any reason including, but not limited to inaccurate billing address and/or
insufficient funds, AClass may suspend and/or cancel all user privileges. The
user is responsible for any and all fees including, but not limited to,
attorneys fees, legal and court costs, required for the collection of the
user's past due account.
PAST
DUE ACCOUNTS AND COLLECTIONS
If payment is not received on or before the user's billing due date, for any
reason including, but not limited to, inaccurate billing address and/or
insufficient funds, AClass will charge the user a late fee up to 3% of the
past due amount, not including previous late fees. If the account goes to
collection for any reason, the user is responsible for any and all fees
including, but not limited to, legal and court costs, incurred for collection
of the user's past due account.
TERMINATION
AND SUSPENSION
AClass may, in its sole discretion, terminate the user's account at any time
with or without cause. AClass also may, at its sole discretion, suspend a
user's account at any time with or without cause. TERMINATION OR SUSPENSION
FOR CAUSE DOES NOT RELEASE THE USER FROM LIABILITY FOR CHARGES DUE AND OWING.
AClass may delete all data, files or other information that is stored in
user's account upon termination. If payment has not been made pursuant to
these terms and conditions, AClass may exercise it's
right to delete data files stored in the user's account. AClass may, in its
sole discretion, terminate or suspend the any user's account in order to
satisfy the safe harbor provisions of the Digital Millennium Copyright Act.
CUSTOMER
CANCELLATION
All charges not disputed within thirty (30) days of the statement date are
final. Any charges for extended services, other than monthly charges, are not
refundable. It is the user’s responsibility to request and receive a
cancellation confirmation number when canceling their service. Cancellations
are valid only if the user has a valid confirmation number for each account.
No refunds will be issued on accounts for services provided prior to the date
of deactivation unless the cancellation takes place during the trial period.
CAMPING
ON THE ACLASS NETWORK
While users are free to dial in at any time, these are not dedicated
connections. When users are not actively using the system, AClass requests
that they log off to ensure that connections are available for other active
users. AClass may utilize detection programs to ensure that users are not
using automated programs just to keep the connection alive. If a user’s
aggregate average usage exceeds 200 hours per month, AClass reserves the
right to discontinue service or re-price the users current pricing to more
closely reflect actual usage. AClass may terminate service in accordance with
the Termination and Suspension policy outlined above.
NO
WARRANTY; LIMITATION OF LIABILITY
The use of AClass services and the Internet in general, is at user's sole
risk. AClass does not warrant that its services
and/or access to its network will be uninterrupted or error free; nor does AClass
Connect make any warranty as to the results or information obtained from use
of its service or system or the Internet in general. AClass's services are
provided on an "as is," "as available" basis without
warranties of any kind, either expressed or implied, including implied
warranties of merchantability or fitness for a particular purpose, all of
which warranties are hereby expressly disclaimed except to the extent any
warranty cannot be disclaimed under applicable law. Under no circumstances
shall AClass be liable for any indirect, incidental, special or consequential
damages, including, without limitation, loss of profits.
AClass strongly recommends that user confirms with its local telephone
provider that the access number the user wishes to use is a local, toll-free
call. Under no circumstances will AClass accept responsibility for telephone
toll charges incurred while accessing the AClass Network.
INDEMNITY
The user agrees to indemnify and hold harmless AClass, its directors,
officers, shareholders, agents, employees and its customers from any and all
claims, liabilities, damages, or expenses, including attorney fees, arising
out of, or resulting from, any and all use of AClass services and/or its
network, whether or not authorized including, but not limited to, claims of
intellectual property infringement, including copyright infringement.
NON-TRANSFERABILITY
User's account and the right to use AClass's services and system are
non-transferable unless AClass' gives its consent in writing. User agrees to
protect their password and account and to keep them secure from unauthorized
users and use. If AClass discovers that the user's account is being used
improperly for any reason, AClass, it its discretion, can at any time suspend
or cancel the user’s account.
STATEMENT
OF CONFIDENTIALITY
Electronic mail and other transmissions passing through the Internet and
through the AClass system are not confidential. Accordingly, AClass cannot
guarantee the protection or privacy of any information of any user. AClass
reserves the right to monitor a user's mail and transmissions as a necessary
incident to providing service and otherwise to protect the rights or property
of AClass. AClass will not disclose any such information unless required to
operate its system or pursuant to a court order, subpoena, or similar legal
request or otherwise on the advice of counsel.
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