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TERMS AND CONDITIONS "the User" means the person subscribing to the Service and his or her immediate family. GENERAL TERMSProvider shall provide the User with the Service. The Service shall generally be available 24 hours a day, seven days a week except for service maintenance times, of which the user shall be advised from time to time. However, we do not have control over weather conditions (such as storms) which may cause power failures and/or telephone service interruptions. Provider shall provide the User with a user login name, unique password, telephone dial-up access number and other log-in information that is required to enable connection to the Service. Subscription fees are payable in advance monthly or yearly and the Provider retains the right to alter these fees from time to time and shall give the User one month (30 days) written notice, via electronic mail, of any such alterations. To this end it is essential that Users read their local email at least once per week from Provider's POP3 server, even if they normally use another email service as their primary address. Subscription fees shall cover a time limit of one calendar month, billed in advance and payable in full by the tenth of each month. Accounts not paid by the tenth of each month will be deactivated until full payment is received. The User agrees that the Service is non-metered, meaning that the User may use the Service as much or as little as desired for any legal and legitimate activities unless specifically excluded in the section "Limitations of Use". Legitimate activities include usage of the World Wide Web (WWW), usage of the Provider's electronic mail service, and usage of Usenet newsgroups. The User agrees to provide telephone line, modem, computer and software as is necessary to access the Service. The Provider may, at its discretion, install Web Browser software in the event the User does not have access to said software. LIMITATIONS OF USEThe User agrees not to assign or otherwise transfer this Agreement or any User's rights under it, delegate the User's obligations or resell the Service. The User is responsible for the selection and use of virus protection software, security features, non-disclosure of personal log-in information and back up of any information.The User is responsible for all use of the Service accessed through the User's password. Disclosure or loss of log-in information that incurs charges or misuse of the Service is the User's responsibility, and should be reported to the Provider as soon as possible. The use of the Service is at the User's sole risk and is entirely the User's responsibility. The Provider does not and cannot monitor or control the content and information accessed via the Service and the Provider shall not be held responsible in any way for any content or information accessed via the Service.The User will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to: distribution of unsolicited advertising; propagation of computer worms and viruses, using the network to make unauthorized entry to any other machine accessible via the Service, sending harassing, obscene, libelous or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and Usenet news postings. Interference with network operations and/or access shall also be construed to include failure to disconnect when not actively using the Service, the use of "keep alive" or "pinging" applications to disguise User inactivity, and the use of auto-dialers to restore lost connections. It is not currently the policy of the Provider to provide a cumulative monthly or weekly time limit to individual accesses of the Service, though Provider reserves the right to reset individual connections as needed to limit chronic misuse of system resources due to excessively long connection durations and hogging of system resources. As of the date of the creation of this document, the Provider limits connection durations to six hours, after which the User will be required to re-dial and re-establish the connection. The Provider also reserves the right, as needed, to institute "time-out" periods on inactive connections should our usage logs indicate abuse of the principles of equal access by all parties through an individual's commandeering a telephone line for their exclusive use. We expect that the Users of this Service will behave responsibly with respect to network resources and will disconnect when not actively using the Service.The User agrees to refrain from mass posting of messages to inappropriate Usenet newsgroups. The User agrees to refrain from mass, unsolicited electronic mailings. Violation of this provision will result in immediate suspension of user access privileges without refund or any other compensation.The User agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The User agrees to respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than, but not limited to the above. The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the laws of the United States and Arkansas, jointly or severally, and/or any unauthorized use of copyrighted, trademarked, or patented material.FEES The yearly rate for basic Internet service with one email account is $242.00. Additional email accounts may be added at a yearly rate of $55.00 each. The term of service begins with the activation date and will cover one calendar year from the activation date. Subsequent yearly payments will be billed one month prior to the user's service activation anniversary date. A one-time $25.00 account activation fee (plus applicable taxes) will apply to all new Internet accounts and is payable with the first month's Internet service fee.In the event that the user experiences localized problems requiring on-site service and the problem is isolated to the User's computer, software, modem, or telephone connection, Computers Plus will perform on-site service at the rate of $60.00 per hour with a one-hour minimum. After the initial hour, additional on-site labor will be billed in quarter-hour increments at the rate of $60.00 per hour (i.e., $15.00 per 15 minute increment beyond the first hour). TEMPORARY SUSPENSION OF SERVICE BY USER REQUESTProvider recognizes that from time to time individual users may be required to be away from the service area for extended periods of time due to job travel, family emergencies, etc., and is willing to allow subscribers to temporarily suspend billing on their service while they are away. To suspend billing on an account, the account balance must be current and written notice of the intent to suspend must be received by Computers Plus one week (7 days) prior to the requested suspension date. Note that billing will only be suspended on an account if written notice, as outlined above, is received and acknowledged by Computers Plus. Suspension is for full-month periods beginning with the first day of the month and ending with the last day of the month. Dialup access will be disabled on suspended accounts and will not be re-enabled for partial months unless the user agrees, at the time of the request to re-enable, to pay for the full month's service. TECHNICAL SUPPORT Technical support may also be obtained by sending email to webmaster@cpomail.net. When sending email, please include a detailed description of the problem, the computer operating system you are using (e.g., Windows 95, Windows 98, Windows NT, Windows XP, Windows 2000, etc.), the Web Browser version you are using (e.g., Internet Explorer 4.0, Internet Explorer 5.5, Internet Explorer 6.0, Netscape Communicator 4.5, etc.), and any other pertinent information you feel might be helpful, such as recent additions of new software applications, dialup reconfigurations, or computer/operating system crashes, lockups, or error messages. DISCLAIMERCertain Internet content accessed via the Service may contain material which the user may find inappropriate, offensive, inflammatory or adult in nature. The Provider does not endorse such materials and disclaims any and all liability for their content as we do not have any control over that which is published on the Internet. The user hereby indemnifies the Provider with respect to any loss or damage action claim suit or proceeding against the Provider by any person arising out of the use of the Service by the User including but not limited to the transmission of any illegal and/or fraudulent material. The Provider may monitor or keep any records that it deems necessary in providing use of the Service. The Provider does not warrant that the service will be uninterrupted or error free, nor does the Provider make any warranty as to the results obtained from the use of the Service. The Service is provided "as is"; without warranties of any kind, either express or implied, that are not specifically included herein. To the extent permissible by law, the Provider excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service and where such liability cannot be excluded the Provider limits its liability, at its option, to the re-supply of the Service.This Agreement may be modified by the Provider as necessary. Notification of pending modifications will be distributed via email to all Users a minimum of thirty days in advance of such modifications. Users disagreeing with the Agreement in any form must make known their disagreement to the Provider immediately via written notification and will be allowed to discontinue their service. Non-response to publication via email of pending changes to the agreement shall be construed as acceptance of the terms of the modified agreement. The Agreement shall remain in place until it is terminated by either the User or the Provider by giving one week's written notice. The Provider reserves the right to terminate the Service without notice if the user misuses or abuses the Service as outlined in these Terms and Conditions. This agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service and supersedes all prior versions of the agreement. If the subscriber is younger than 18 years of age as of the date of this agreement, a parent or legal guardian must enter into this agreement and assume responsibility for all aspects associated with the use of the Service.We thank you for agreeing with these terms and we look forward to serving you. |
Publication date: February 23, 2004 Effective date: February 23, 2004