1. All individuals accessing Internet49.com
represent to Internet49.com that they are 18
years of age or older. Certain material
available on the Internet through
Internet49.com may not be suitable for
individuals under the age of 18.
2. User understands further that the
Internet contains unedited materials some of
which are sexually explicit or may be
offensive to you. You access such materials
at your own risk. Internet49.com has no
control over and accepts no responsibility
whatsoever for such materials.
3. Information transmitted through
Internet49.com and through the Internet in
general is not confidential. Therefore,
Internet49.com cannot and will not guarantee
privacy or guarantee protection of any user.
We reserve the right to monitor any User's
transmissions when deemed necessary for
providing proper service and/or to protect
the rights and property of the Company. We
will not disclose any information about any
User unless required by court order,
subpoena or other legal request, or upon the
advice of counsel.
4. Internet49.com exercises no control
whatsoever over the content of the
information passing through it. Use of any
information obtained via Internet49.com is
at your own risk. Neither Internet49.com nor
any of its licensors, employees, or agents
warrants that the service will be
uninterrupted or error free; nor does
Internet49.com or its licensors, employees,
or agents make any warranty as to the
results to be obtained from use of the
service. The service is provided on an "AS
IS" 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 use. Neither
Internet49.com nor anyone else involved in
creating, producing, or delivering the
service shall be liable for any indirect,
incidental, special, or consequential
damages arising out of the use of the
service or inability to use the service or
out of any breach of any warranty. This
disclaimer of liability applies to any
damages or injury caused by any failure of
performance, error, omission, interruption,
deletion, defect, delay in operation or
transmission, computer virus, communication
line failure, theft or destruction or
unauthorized access to, alteration of, or
use of Internet49.com, whether for breach of
contract, tortious behavior, negligence, or
under any other cause of action.
5. User agrees to indemnify and hold without
harm Internet49.com, its officers,
employees, agents, directors, shareholders
and other Users from any and all claims,
damages, expenses (including attorney's
fees) and liabilities resultant from any and
all use of the User's account whether
authorized or not authorized.
6. Internet49.com Internet connections and
all other services provided to the user by
Internet49.com may only be used for lawful
purposes. Transmission or storage of any
information, data, or material in violation
of any U.S. or state regulation or law is
prohibited. This includes but is not limited
to copyrighted material legally judged to be
threatening or obscene, or material(s)
protected by trade secret. User agrees to
indemnify and hold harmless Internet49.com
from any claims resulting from your use of
the service, which damages you or another
party. Internet49.com reserves the right to
refuse and delete at any time the content of
any Web pages hosted on Internet49.com
servers if the content of such Web pages
contains threatening, obscene or offensive
material.
7. The right to use Internet49.com is not
transferable. Accounts are for your use
only! User is responsible for the
confidentiality of user's passwords. Loaning
your account to others, connecting a system
used by multiple persons, group use of user
logins, and consuming more than one modem
line are explicitly prohibited. If the user
has multiple accounts, then the user is
limited to one login session per system
account at any time. Violation of this
policy will be dealt with as theft of
service and may be prosecuted under civil
and criminal law.
8. Internet49.com's services cannot be used
to send unsolicited advertising or
promotional materials, hereafter referred to
as SPAM, to other Internet users.
Electronic mail and appropriate USENET
newsgroups may be used in the conduct of
legitimate businesses. Internet49.com DOES
NOT ALLOW users to run Bulk E-mailers, Mail
list, Listserver or any form of
auto-responder from a user's account.
Processes that run or are activated while
the user is not logged in are also NOT
ALLOWED. Continued harassment of other
individuals on the Internet after being
asked to stop by those individuals and/or
Internet49.com will not be tolerated. When
Internet49.com becomes aware of possible
violations, we will initiate an
investigation. At the same time, in order
to prevent further possible unauthorized
activity, Internet49.com may suspend access
to services to the individual account in
question. Confirmation of violations may
result in cancellation of the individual
account and/or criminal prosecution. The
account suspension may be rescinded at the
discretion of Internet49.com following
payment of a reconnection charge.
9. Any attempt to modify your originating
information by spoofing or other similar
actions, is also considered a violation and
strictly prohibited.
10. Use of this account to violate the
security of any computer network, crack
passwords or security encryption codes,
transfer or store illegal material including
that deemed threatening or obscene, or
engage in any kind of illegal activity is
expressly prohibited. User will abide by all
the rules, regulations and policies of those
networks and computer systems accessed via
this account. If the User is unsure of those
policies, it is the User's responsibility to
ascertain said policies.
11. Should it be determined that
Internet49.com is damaged by users in
violation of this AUP, or if Internet49
incurs any additional costs as a result of
user’s violation of this policy, the user
will be responsible for reimbursement of
damages and costs. If user has a credit
card on file, user agrees to have these
damages charged to that credit card. If
there is no credit card on file, user agrees
to pay for damages by certified cashiers
check within 7 days of notification of the
damages. If Internet49 must seek civil
judgment against user to obtain
reimbursement, user agrees to pay for
Internet49’s legal fees.
12. Dial-up flat-rate accounts are not
intended to provide a continuous dedicated
link. Such use is prohibited. Users may not
host a web, mail, chat, or any other type of
server from a Dial-up flat-rate account, nor
are users allowed to use any device such as
a proxy server or software application to
create a continuous connection to the
Internet. If users choose to have their
e-mail program check for mail periodically,
it is the users responsibility that once the
mail has been downloaded, that the
connection is dropped. Dedicated accounts
are available and allow for 24 hour per day
and/or 7 day per week connectivity. Please
visit our website or call our office for
current pricing.
13. Internet49.com will not be responsible
for any telephone charges incurred by the
customer, whatsoever, including long
distance or toll charges the customer may
incur. Customer is solely responsible for
determining which dial-up numbers are within
the customer's local calling area, and for
using the proper dial-up numbers when
accessing Internet49.com.
14. PAYMENT TERMS:
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The User is responsible for any and all
fixed and accumulative charges for this
account. The first month service fee (or
other available billing methods
selected) is due upon account setup.
Every 30 days (or other billing period
selected), the account will be charged
the monthly access and any other fees
for the new month plus any accumulated
charges for the past month. Failure to
use this account(s) does not relieve the
user of payment obligations.
Recurring payments will continue to be
automatically debited until the user
notifies Internet49.com of their intent
to cancel.
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Credit Card customers agree to allow
Internet49.com to bill such card on each
successive billing date without
obtaining the user's permission after
the initial charge. Credit Card
customers shall notify Internet49.com of
any changes in Credit Card Number or
expiration date.
Internet49.com will not be responsible
for any overdraft or other service fees
related to the use of the credit card.
. If the card is not honored for any
reason, Internet49.com will attempt to
charge the card twice in a three (3) day
period. If the card is still not honored
on the third day, the Users' account
will be placed on hold for sixty (60)
days pending payment. If no payment has
been received within sixty (60) days of
going on Hold, the account will be
terminated and all user data will be
deleted. Re-establishment of the account
will be subject to re-connection fees.
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If payment is by check, payment due
dates are indicated on your invoice.
Billed monthly accounts (not credit
card) are invoiced monthly, 20 days
prior to the due date. Billed annual
accounts (not credit card) are invoiced
yearly, 20 days prior to the due date.
Dishonored checks are subject to a
collection fee and your account may be
suspended until the account is current.
-
Internet49.com has the right to
instantly terminate service for any
unpaid or partial paid subscriptions.
Accounts in default are subject to an
interest charge of 1.5% per month on the
outstanding balance. Termination of
service shall not relieve the user from
the obligation to satisfy outstanding
invoices. In the event Internet49.com
utilizes an attorney to collect such
sums, the user shall be responsible for
the payment of all of Internet49.com
attorneys' fees and costs in pursuing
the collection of these sums. Venue for
any litigation concerning the user's
relationship with Internet49.com shall
be in Sacramento County, in the State of
California.
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Internet49.com reserves the right to
cancel service for any reason without
prior notice.
-
The User (Dial-Up) must notify
Internet49.com in writing to cancel
service. Cancellations will be effective
on the expiration date of the User's
account. If at any time during the month
the User calls to cancel the account it
will be canceled that day. Fees for any
setup and the first month's service are
not refundable; unless the User is
unsuccessful in using the account and
notifies Internet49.com within ten days
of establishing said service. Dial-Up
accounts paid in advance will be
canceled on the account expiration
date. In the event of cancellation,
the dial-up user will be issued a full
refund, minus setup fees, for prepaid
annual accounts that are canceled within
the first thirty days of the
establish/renewal date. Accounts beyond
this initial grace period are not
eligible for refund.
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The User (DSL) understands that
establishing DSL service constitutes a
binding contract for an minimum of 12
months from the establish date. Early
cancellation will result in an early
termination fee of one hundred dollars
plus 100% of the remaining balance.
-
From time to time, Internet49.com offers
discounts on services or for prepayment
of services on an annual or semi-annual
basis. Discount programs are not
retroactive. All discount programs are
subject to change.
-
In addition to any price for services,
User shall be responsible for the gross
amount of any present or future federal,
state, municipal or other government
sales, use, excise, value added or other
similar taxes applicable to the price,
sales or delivery of any services
furnished here under or to their use by
User.
15. The law that applies to these Terms and
Conditions is the law of the state of
California. In the event that any portion
of these Terms and Conditions is held to be
unenforceable, the unenforceable portion
shall be construed in accordance with
applicable law as nearly as possible to
reflect the original intentions of the
parties and the remainder of the provisions
shall remain in full force and effect, and
all provisions of these Terms and Conditions
which operate to protect the rights of
Internet49.com shall continue in force even
in the event of termination of these Terms
and Conditions on other grounds.
Internet49.com's failure to insist upon or
enforce strict performance of these Terms
and Conditions shall not be construed as a
waiver of any provision or right. Neither
the course of conduct between parties nor
trade practice shall act to modify any
provision of these Terms and Conditions.
