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Internet Access Agreement
(Revised January 23, 2001)
Introduction
Services
Security
Term
Pricing
Disclaimer
1) Introduction
I understand and agree that, subject to the terms and conditions
of this Agreement, and the policies referenced herein, NCdial shall provide me (the Subscriber) with certain Internet access
and/or web site hosting services (the Network). By accessing the
Internet through the NCdial Network, I understand that I,
and/or any person using my login identification (Authorized Users)
explicitly and implicitly accept the terms and conditions
contained in this Internet Access Agreement (the Agreement) and I
agree to be bound thereby. I UNDERSTAND THAT NCdial RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY
REASON.
2)
Provision of Services/Access
I understand and agree that I am fully responsible for the use of
the Network by me or by anyone whom I permit to use my account,
and that NCdial reserves the right to terminate my account at
any time, for any reason. NCdial will provide me and my
authorized users analog or digital access to the Internet,
depending upon the rate plan selected, subject to conditions
generally beyond the control of NCdial, including, but not
limited to, the type and condition of the equipment (personal
computer, modem, etc.) I have. I understand that simultaneous,
multiple logins under the same login identification are not
allowed. I understand that the Network may be temporarily
unavailable or limited because of capacity limitations and may be
temporarily interrupted or curtailed due to equipment
modifications, upgrades, relocations, repairs, and similar
activities necessary for the proper operation of Network, as well
as conditions of the Internet beyond NCdial’s control.
3)
My Obligations
a) I understand that I am responsible for determining whether a NCdial
phone number is within my local calling area, and for
any long distance charges I may incur in connecting to NCdial.
b)
If I am using a NCdial unlimited access plan, I agree not to
provide any public information services over this connection, not
to use any automatic method to avoid inactivity disconnect, and
agree to only keep the connection active when I am actively using
it.
c)
I understand that I may cancel my account at any time, but that I
am responsible for the entire monthly charge in the month in which
I cancel, in addition to any additional usage charges accrued
though the day I cancel.
d)
I understand that NCdial may change its prices from time to
time, and that I will be provided with at least 15 days written or
electronic mail notice of any such changes.
e)
I understand that I can not use or permit other users to use the
Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of NCdial’s Network or other
networks; or
iv) infringe upon the copyrights, trademarks or other intellectual
property rights of others; or
v) otherwise violate the policies referenced in this Agreement.
f)
I understand that I must comply with U.S. export laws concerning
the transmission of technical data and other regulated materials
via the Network (i.e., data encryption software).
4)
Security
I understand that the information available through NCdial’s
Network or other interconnecting networks may not be accurate,
including the content displayed on my PC’s desktop. I understand
that some of the information available through NCdial’s
Network or other interconnecting networks may be intended for
adult audiences. I understand that internet communications are not
secure, and may be subject to interception or loss. I understand
that NCdial makes no warranties of any kind, whether
expressed, implied, or statutory concerning either the security of
data and/or information or its accuracy available through the NCdial
Network, or other interconnecting networks.
5)
Term and Termination
I agree that this Agreement becomes effective upon registration of
my login identification name and shall remain in effect for the
period indicated in the rate plan selected or until terminated as
provided in this Agreement. I further acknowledge that this
Agreement shall continue in effect for consecutive additional
terms following the Initial Term until either Party gives the
other party online notice or other notice of termination at least
thirty (30) calendar days prior to the expiration of the
then-current term. I understand that NCdial reserves the
right to terminate my account at any time, for any reason,
including, but not limited to, my failure to abide by the terms of
this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required
to pay reactivation charges and a prepaid deposit in order to
reactivate my account. If my account remains inactive for a period
exceeding thirty (30) days consecutively, I understand my account
may be deleted. If my deleted account includes content stored on NCdial’s servers, anything stored therein will also be
deleted. I understand that violation of certain generally accepted
guidelines on Internet usage, such as restrictions on mass
e-mailings and mass advertising, or posting to inappropriate
newsgroups, may cause severe operating difficulties for NCdial,
and would likely be a cause for termination of my account. I agree
to abide at all times by NCdial’s then-current
Usage Policies.
6)
Pricing/Payments/Credits
If I have given my credit card number to NCdial, I understand
that charges will be automatically billed to my credit card each
month for the basic service fee and any additional usage fees. I
expressly authorize this automatic billing by NCdial. I
understand that NCdial’s monthly billing cycle runs from the
1st through the last day of each month. I agree and understand
that I will be billed for the next month’s basic service fee on
the first of each month, and that invoice will reflect the next
month’s basic service along with additional usage fees, if any,
from the previous month. I agree that all charges are considered
valid unless disputed in writing within thirty days of invoice
date. I understand and agree that NCdial shall not be
responsible for any charges or expenses that I may incur resulting
from overdrawing my bank account or exceeding my credit card limit
as a result of an automatic charge generated by NCdial pursuant to this
authority. I understand there shall be no
credits, reductions, or setoffs against the charges for service
for downtime or interruption of Service. I understand there will
be no prorating for Service in either the first or last months of
Service.
7)
Disclaimer And Limitation Of Liability
I understand that the use of my NCdial account, and any data
or information accessed using that account, will be completely at
my own risk. I understand that the cumulative liability of NCdial for any and all claims relating to the services
provided by NCdial, in contract, tort, or otherwise, shall not
exceed that total amount of the basic service fees paid to NCdial for services within the preceding twelve
months. I
agree that NCdial shall have no liability for any
consequential, indirect, special or incidental damages regardless
of the success or effectiveness of other remedies.
NCDIAL
SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF
EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES,
OR OTHER INTERRUPTION, NOR SHALL NCDIAL BE LIABLE FOR
PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR
ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES NCDIAL
FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA
THE NETWORK. NCDIAL’S PERFORMANCE UNDER THIS AGREEMENT SHALL
BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS,
CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. NCDIAL SHALL NOT
BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’
EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS
PERFORMANCE. IN NO EVENT SHALL NCDIAL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS
OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF NCDIAL
FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER,
INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF
SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR
IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN
AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES
PAID TO NCDIAL FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. NCDIAL MAKES NO OTHER WARRANTIES OR REPRESENTATIONS,
EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY
DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE,
THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY
LAW.
8)
Law And Jurisdiction
I
understand and agree the laws of the State of North Carolina
govern this Agreement and my NCdial account. I expressly agree
that exclusive jurisdiction for any claim or dispute with NCdial or relating in any way to my account or my use of
NCdial resides in the courts of North Carolina. I further
agree and expressly consent to the exercise of personal
jurisdiction in the courts of North Carolina in connection with
any such dispute, including any claim involving NCdial or its
affiliates, subsidiaries, employees, contractors, officers, or
directors.
9)
Indemnity
I agree to defend, indemnify and hold NCdial and its
affiliates harmless from any and all liabilities, costs, and
expenses, including reasonable attorneys’ fees, related to or
arising from, any violation of this agreement by me or those who
access the Network through my account, or the use of the Network
or the Internet whether or not I have knowledge of or have
authorized such access or use, including, without limitation,
claims for libel, slander, invasion of privacy, infringement of
copyright, patent infringement, or other tortuous behavior. I agree to indemnify
NCdial along with any parties from whom NCdial obtains network services, and to hold them harmless
from any claims resulting from the use of the Network by me or any
authorized users that damage another party or that violate the law.
10)
Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current
published NCdial
Usage Policies (incorporated
herein by reference as if fully set out) represents the complete
agreement between NCdial, Inc. and myself with respect to the
subject matter of this Agreement, and supersedes any other written
or oral agreement. I understand and agree that NCdial may
amend or modify this agreement and/or the NCdial Usage
Policies, or impose new conditions at any time. Any use of NCdial’s Network subsequent to any changes or amendments
shall be deemed to constitute acceptance by me of the then-current
service agreement (including any amendments, modifications or new
conditions) as published and made available throughout
the NCdial web site.
11) Acceptable Use Policy
12) Email/Spam Policy
13)
Inactivity
Disconnect Policy
14)
Privacy
Policy
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