  Terms of Service 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: 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. A maximum of two mailboxes may be added to residential accounts. The users of these additional user id's must be family members who reside in the same household as the account holder. 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 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 |