
Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU ACCESS
THE SERVICE (OR CONTINUE YOUR ACCOUNT) PROVIDED TO YOU BY
ACCESSMO.NET. DOWNLOADING THIS AGREEMENT OR USE OF THE SERVICE
CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST IMMEDIATELY END
YOUR USE OF ACCESSMO.NET'S SERVICES AND SOFTWARE, AND REQUEST (IN
WRITING - see Cancellation of Service below) THE CLOSURE OF YOUR ACCOUNT. IF YOU ARE A CURRENT
CUSTOMER WHEN THIS AGREEMENT IS ACTIVATED, YOUR CONTINUED USE OF
ACCESSMO.NET CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.ACCESSMO.net reserves the right to modify the Terms and
Conditions as stated in this agreement at any time. Customers are
responsible for being familiar with the current revisions of all
policy documents. ACCESSMO.net will provide services on its
computing systems to you in exchange for recurring payment of
subscription fees and full compliance with the terms and
conditions contained in this agreement. It is understood that charges for the use of the service
provided by ACCESSMO.net is published and said charges may vary in
specific areas based on the availability and/or limitations of
service provided by our suppliers. Any person under the age of eighteen (18), agrees to have their
account listed under the name of their parent or legal guardian.
The parent or legal guardian will be responsible for all aspects
of the account and shall specifically indemnify and keep
indemnified ACCESSMO.net in respect to any loss or damage action
claim or suit or proceeding against ACCESSMO.net by any person in
respect to the use of the customers account including but not
limited to the use or transmission of any illegal and/or
fraudulent material which the customer transmits or causes to be
transmitted using the service provided by ACCESSMO.net. ACCESSMO.net makes no claims or warranties as to the fitness of
any program or application received via their services including
any guaranties that the program or application will be suitable
for a particular purpose, or that files will be free from
malicious viruses or worms. ACCESSMO.net reserves the right to discontinue any and all
services to you, the customer, at any time without prior notice or
liability for any conduct which ACCESSMO.net, in its sole
discretion, believes violates these Terms and Conditions or
ACCESSMO.net's Acceptable Use Policy or is otherwise harmful to
ACCESSMO.net's interests or the interests of other account holders.
This includes, without limitation, material protected by
copyright, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat, or violates
export control laws. You are responsible for obtaining and maintaining any
communications equipment necessary to connect to ACCESSMO.net
services, including modems, computer hardware and software and
local or long distance telephone service. You are responsible for
ensuring that such equipment or service is compatible with
ACCESSMO.net requirements. You are responsible for any long
distance charges that may be incurred while using or attempting to
use ACCESSMO.net services. ACCESSMO.net offers CD-ROM based software for service setup. You
must have the following minimum system requirements to ensure
proper operation.
IBM PC Compatible:
Pentium CPU
64 megs RAM
100 megs free hard drive space
Video display capable of 256 colors at 640x480
CD-ROM drive
Modem - 56,000 kbps
Windows 98
Any use of ACCESSMO.net software or third-party software
distributed by ACCESSMO.net is governed by the license agreement
that accompanies such software. Use of such software indicates
acceptance of the terms therein. ACCESSMO.net makes no claims or
warranties regarding the installation of the software package
supplied with your ACCESSMO.net account. The customer is responsible for a basic working knowledge of
his/her operating system/interface (Win 98, Me, XP, Mac,
etc.). Technical support representatives are not responsible for
general computer support. ACCESSMO.net offers free technical
support via telephone for connectivity and email related issues
only. Any additional technical support requests should be sent by
email to accessmobillingdept@accessmo.us. Any technical assistance given to
the customer outside the bounds of Internet connectivity or email
issues is at the discretion of the representative. The name, address and payment information that you provide when
you join ACCESSMO.net, together with information regarding the
manner in which you use ACCESSMO.net, will not be processed or
disclosed by ACCESSMO.net except as permitted by this agreement or
as required by applicable law. Charges for Service:
ACCESSMO.net will provide service to
accounts only after receiving a valid credit card number, or check
debit/debit card information required to process payments for your ACCESSMO.net
account.
Accounts are considered delinquent if your credit card company
or bank refuses for any reason to pay the amount charged and that
amount remains unpaid for ten days past the due date. Accounts
that are delinquent five (5) days will be suspended from the system
without notice. You accept responsibility for any account you have
opened until payment is made in full.
SUSPENDED ACCOUNTS: Any account
suspended for non payment will be required to pay a $15.00
reconnect fee in addition to regular payment before service will
be restored.
All accounts that are 30 days delinquent are referred to an
independent collection service for collection.
You agree to pay a $25.00 service charge for each payment that is
returned to us by your bank for any reason. This includes any
check, money order, check debit, electronic check, or credit card
charge back.
Payment for an ACCESSMO.net account or service by fraudulent
means will result in immediate and permanent termination of the
account and will be subject to criminal prosecution and/or
penalties. The ACCESSMO.net billing period begins on the first day of each
month. We do not mail statements to you. All statements are sent
via email. If you want an invoice
sent to you through the postal system there will be an additional
charge of $1.25 per billing period. You agree to provide
ACCESSMO.net with accurate and complete billing information,
including your current and/active email address, legal name,
mailing address and telephone number, and to update this
information within 10 days of any change.
All monthly and quarterly accounts are active until such time as the account
holder successfully closes their account (see Cancellation of
Service below). The client will be billed the entire fee
even if no use is incurred.
MONTHLY and QUARTERLY ACCOUNTS PAID BY
AUTOMATIC PAYMENT
(CREDIT / DEBIT CARD OR ACH) WILL AUTOMATICALLY RENEW. (see
Cancellation of Service below)
CANCELLATION OF SERVICE: All cancellation requests received by
ACCESSMO.net must be emailed to accessmobillingdept@accessmo.us
before close of business on the last business day of the month.. The set-up fee is non-refundable in the event of a
discontinuation of the service. ACCESSMO.net is not liable for the
inability of the client to successfully access the Internet.
All ACCESSMO.net accounts must be paid in full before a
cancellation will be considered complete. Monthly charges for terminated accounts are not pro-rated. PLEASE
NOTE THAT NO REFUNDS ARE DUE TO CUSTOMERS HOLDING MONTHLY or QUARTERLY ACCOUNTS WHO CANCEL THEIR ACCOUNT BEFORE
THE END OF THE CONTRACTUAL PERIOD. SECURITY ACCESSMO.net makes no guarantee and assumes no
liability for the security of any data on any server including
"secure servers". ACCESSMO.net makes no guarantee for the
transmission of information over the Internet, including to a
"secure site". Any use is done at the sole risk of the
customer. ACCESSMO.net will cooperate with the appropriate legal
authorities in investigating claims of illegal activity, including
but not limited to illegal transfer or use of copyrighted
material, postings or email containing threats of violence, or
other illegal activity. ACCESSMO.net reserves the right to release
the user names of clients involved in violations of system
security to system administrators at other sites, in order to
assist them in resolving security incidents. ACCESSMO.net will also
fully cooperate with law enforcement authorities in investigating
suspected lawbreakers. ACCESSMO.net users are responsible for the security of his or
her password. The user is also responsible for changing his or her
password regularly to ensure password security. Passwords may be
changed by calling the Customer Service line. If you do not know
your access code, it can only be provided to the account holder
after his/her Driver's License is submitted to an ACCESSMO.net.
Representative in person at one of our offices, or by faxing a
legible copy to ACCESSMO.net. "AS IS" SERVICES; LIMITATION OF LIABILITY;
INDEMNIFICATION You acknowledge that ACCESSMO.net services and
software are provided "as is". ACCESSMO.net, it's
employees, agents, suppliers, vendors and distributors make no
warranty of any kind, either expressed or implied, regarding the
quality, accuracy or validity of the data and/or information
available on its systems or residing on or passing through its
interconnecting networks or that ACCESSMO.net services will be
uninterrupted or error free. ACCESSMO.net expressly excludes any
implied warranty of merchantability or fitness for a particular
purpose to the fullest extent possible by law. UNDER NO CIRCUMSTANCES WILL
ACCESSMO.NET BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON DATA OR
INFORMATION AVAILABLE FROM OR ON ACCESSMO.NET SERVERS AND SYSTEMS. IN NO EVENT SHALL
ACCESSMO.NET BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO
THIS AGREEMENT OR THE ACCOUNTHOLDER'S (OR ANY OTHER PERSON'S) USE
OF OR INABILITY TO USE ACCESSMO.NET SERVICES ACCESSMO.NET ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT ACCESSMO.NET'S
OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT
MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF
CONNECTION SERVICES OR PRODUCTS. You agree to defend, indemnify and hold
ACCESSMO.net harmless
from any claims, losses and damages, including attorney's fees,
resulting from your violation of any of the provisions of this
Agreement or your placement or transmission of any materials or
content onto ACCESSMO.net servers, or from any and all use of your
account, with or without your knowledge or consent.
While ACCESSMO.net makes every effort to keep our clients
current regarding any changes we may make, customers should check
their email box and the "what's new" section of our web
page frequently in order to keep abreast of any changes that may
be forthcoming.
Your obligation to pay amounts due under this agreement will
survive termination of this agreement.
If any provision of this agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the
extent necessary to effect the original intentions of ACCESSMO.net
and the remainder of this agreement shall remain in full force and
effect. AVAILABILITY OF THIS AGREEMENT This document is made available
on the World Wide Web (WWW) at the following address: http://www.accessmo.net
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