Please read the terms and conditions of this Subscriber Agreement carefully before following any instructions received from PCI Systems, Inc. or connecting to the Internet via PCI Systems, Inc. By subscribing to or using PCI Systems' services, you represent that you understand and agree to the terms and conditions contained in this Agreement. If you are unwilling or unable to accept or comply with these terms, please contact PCI Systems, Inc. so that we may cancel your account. These rules are designed to protect the PCI Systems, Inc. computer and communications system (the "System"), its employees and its users. They are also provided to make your use of the System and the Internet a positive and secure experience for everyone involved. All references to PCI Systems, Inc. in this Subscriber Agreement include the System and its employees.
Conditions of Service.
1. PCI Systems, Inc. is not to be used by customers or users, or by any third party under their control, for any illegal activities or other purposes prohibited by law.
2. The customer represents that all information provided to PCI Systems, Inc. with respect to the customer's account is correct. The customer agrees to update this information within a month of any change to this information.
3. The customer and users agree to keep their passwords secret.
4. Any customer or user can upload or download material on the System subject to the following conditions. Copyrighted material can only be placed on the System with the copyright holder's permission. The customer or users cannot download copyrighted material without express permission from the copyright holder. Material may also be subject to license restrictions and the customer or user may not place any such material on the System or download any such material in violation of the terms of the applicable license. The customer or user assumes all risks in determining whether such material is copyrighted or subject to any license restrictions. "PCI Systems, Inc. retains the right to remove any materials from the System which it has reason to believe violate any party's copyright or other intellectual property or proprietary rights."
5. The customer or user shall obey Internet acceptable use policies. Although the System is on a commercial exchange, the customer or user assumes all the risks of transferring prohibited material across restrictive networks and transgressing their acceptable use policies. Otherwise, the Internet can be used for business purposes in almost all cases. Prohibited activities include, but are not limited to, advertising or sending promotional materials to others without prior express agreement from such others, posting advertisements to inappropriate USENET newsgroups, attempts to access, alter or destroy any information of another customer of PCI Systems, Inc. or of the Internet, and the unlicensed international export of various materials. Acceptable use polices for Internet applications are generally available on the Internet. The customer is responsible for learning these policies.
6. The customer will not use e-mail or web addresses from any domain name hosted on PCI Systems, Inc. systems as contact points for unsolicited bulk email.
7. The customer or user will not attempt to undermine, hinder, damage, or disrupt the hardware, software, or security of the System or the Internet and its associated systems. Expressly prohibited activities include, but are not limited to, putting any software on the System enabling the user to accomplish the foregoing; running any programs while not actively on the System; propagating computer viruses, worms or any transmission which have the potential for disabling or otherwise impeding the System or any recipient's facilities, equipment, software, data or service; making unauthorized entry to the System or any system, resource or device connected to the Internet; or violation of any applicable laws or regulations which govern on-line activities.
8. PCI Systems, Inc. will maintain the strict privacy of all customer and user accounts except in the case of court order. PCI Systems, Inc., however, does not guarantee the safety, accuracy, or content of any materials or information on the Internet or any materials the customer transfers or receives on the Internet. The customer or user acknowledges that all information obtained on the Internet or through PCI Systems, Inc., including, but not limited to, any Internet sites referred to or instructions of any kind contained in materials provided by PCI Systems, Inc. is provided without warranty of any kind and that the customer's or user's risk of acting on such information is entirely his/her own.
9. The customer or user acknowledges that some Internet sites accessible through the System may contain material which the customer or user may find highly objectionable or offensive or which may be unsuitable for children. The customer acknowledges that PCI System, Inc. exercises no control over such material and is not in any way responsible for its content. The customer or user agrees that PCI Systems, Inc. is not liable for any damages, including mental or emotional distress, which may result from accessing such material.
10. The customer or user is prohibited from soliciting PCI Systems, Inc. customers or users to become customers of other competitive information services. The customer is prohibited from reselling or transferring for value access to the Internet through the System.
Service Agreement Terms.
1. The customer's right to use PCI Systems, Inc. is not transferable, unless expressly permitted by PCI Systems, Inc.. The customer will pay for all costs associated with the use of their account, whether customer's material is protected by copyright or not. Customers are not permitted to set up Internet hosts or daemons on their computer(s) through their accounts.
2. The customer's right to implement a personal world wide web page is subject to the following restrictions. PCI Systems, Inc. will not censor any information you choose to place on your personal web page. This area, however, is intended for low-volume use (250 MB of traffic per month). If the traffic associated with your personal web page exceeds 250 Megabytes per month, PCI Systems, Inc. may, in its sole discretion, disable the page for the remainder of the month
3. The customer is responsible for providing any and all equipment and services needed to access the System. The customer is responsible for the use and compatibility of any hardware or software not provided by PCI Systems, Inc. Customer acknowledges that references to Internet sites in correspondence from PCI Systems, Inc. are provided for the customer's information only and that any software downloaded from such sites is not provided by PCI Systems, Inc. PCI Systems, Inc. makes no warranty, guarantee or representation that any particular device or software will function properly with the System or any system associated with the Internet. Customer's responsibility for payments under this Agreement shall not be reduced or changed by virtue of any hardware or software not provided by PCI Systems, Inc. failing to function or being incompatible with the System or the Internet.
4. The customer agrees to pay all subscription fees, service fees, or merchandise purchases according to the payment method and rates selected by the customer. PCI Systems, Inc. has the right to cancel without prior notice all unpaid or not fully paid subscriptions which are delinquent as described in the introductory letter received by each customer. Any remaining unpaid subscription dues will be billed to the customer including extra fees for bounced checks. PCI Systems, Inc. reserves the right to restrict customers to certain payment options (Credit Card, Cash, Check, Money Order, etc.).
5. Payments to PCI Systems, Inc. are nonrefundable. No refunds shall be given for canceled accounts (except for the last payment associated with an account which will be returned if the account is canceled within 7 days of the date the payment was due), returned merchandise, or SLIP/PPP installations unless the account, merchandise, or installation was clearly defective and nonworking. Cancellations of accounts can be made by e-mail, phone or fax and shall terminate at the end of the account period.
6. While PCI Systems, Inc. will attempt to maintain 99% uptime, unscheduled shutdowns may occur without prior warning. PCI Systems, Inc. does not warrant that any service carried on the Internet will be uninterrupted, error free or secure, or that any software or other material accessible on or through the System will be free from viruses, worms or other harmful components. PCI Systems, Inc. does not warrant that the customer will be able to connect, communicate or pass information to any particular site on the Internet at any particular speed or throughput. While we will attempt to inform each customer by e-mail of planned shutdowns a week before they occur, PCI Systems, Inc. is under no obligation to do so. The customer agrees that PCI Systems, Inc. is not liable for any damages to customer which may result from service shutdowns or any loss of materials that might occur in our normal operations. We recommend that customers regularly backup or download important information stored with us.
7. The customer understands and agrees that technical assistance provided by PCI Systems, Inc. is advisory in nature and that PCI System, Inc. is not liable for technical information provided by PCI Systems, Inc. employees and the customer acts upon such information at his/her own risk. PCI Systems, Inc. shall not be liable for any damages that result from customer acting or failing to act upon technical information provided by PCI Systems, Inc. employees.
8. LAN or group customers agree that PCI Systems, Inc. is not liable for any damages that may result from the actions of the customer's employees, agents or anyone under the control of the customer. PCI Systems, Inc. is not liable for claims or damages caused by the customer's fault or negligence, or for the claims of third parties against the customer.
9. In the event of account termination for any reason, the customer agrees not to hold PCI Systems, Inc. liable for any damages or inconvenience associated with PCI Systems, Inc.'s deletion of the account.
10. Minor accounts (those under 18 years of age) will not be activated until we receive a signed parental agreement form. Applicants' parents will receive this form through U.S. Mail and will need to fill out credit card information for payment. Please call to obtain this form.
11. PCI Systems, Inc. reserves the right to modify, add, or remove all services and features of the System at any time. Current customers will receive adequate notice of such changes.
12. Account holders are not permitted to share or otherwise let others use their accounts in any way. A dial-up, or SLIP/PPP account is an attended account. It is not a dedicated account and shall not be configured to become or otherwise act in any way like a dedicated account. We reserve the right to terminate connections that remain idle for an excessive amount of time (currently around ten minutes) or open for an excessive amounts of time (currently four hours). We also reserve the right to cancel the service of any customer who uses a dialup account as a dedicated account. Interpretation of this service agreement term is at the sole discretion of PCI Systems, Inc.
13. This agreement contains the full and complete understanding of the parties with respect to the subject matter contained herein. PCI Systems, Inc. shall not be bound by any statements made by agents or employees of PCI Systems, Inc. which conflict with the terms and conditions of this Subscription Agreement. In the event of any conflict or inconsistency between this Subscription Agreement and any other agreement between PCI Systems, Inc. and customer, the terms and conditions of this Agreement shall control.
14. Breach of any of the terms or conditions of this Subscription Agreement by the customer may result, at the sole discretion of PCI Systems, Inc., in immediate termination of the customer's account without any further liability on the part of PCI Systems, Inc. Termination of customer's account shall not limit any other remedies PCI Systems, Inc. may have in law or in equity.
15. PCI SYSTEMS' CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO THIS SUBSCRIBERS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIBER FEES PAID BY THE CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL PCI SYSTEM, INC. BE LIABLE FOR ANY LOSS OF PROFIT, REVENUE OR DATA, ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT BY CUSTOMER, EVEN IF PCI SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. CUSTOMER SHALL NOT BE ENTITLED TO SPECIFIC PERFORMANCE IN CONNECTION WITH THIS AGREEMENT. THIS LIMITATION ON LIABILITY, DAMAGES AND CLAIMS IS INTENDED TO APPLY TO ALL CUSTOMER'S CLAIMS, WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS SUBSCRIBER AGREEMENT HAVE BEEN BREACHED OR PROVEN INEFFECTIVE.
16. Customer agrees to indemnify and hold PCI Systems, Inc. harmless from and against all loss, liability, damage and expense (including reasonable attorney fees) caused by: (1) claims by any party for libel, slander, defamation, invasion of privacy, infringement of intellectual property rights including trademark, copyright or patent rights, and unlawful access or alteration to private records or data arising from any information, software, data or message transmitted or received by customer through the System; (2) the negligent or intentional wrongdoing by customer or third parties under the control of customer; or (3) any breach by customer of this Subscriber Agreement.
17. As part of routine System maintenance or in the event of unauthorized use or use in excess of authorization, PCI Systems, Inc. may monitor customer activity on the System. Customer activity which appears to be illegal may be monitored, recorded and provided to law enforcement officials. The customer acknowledges and consents to such monitoring as part of this Subscriber Agreement.
PCI Systems, Inc. reserves the right to modify the terms and conditions of this Subscriber Agreement at any time without prior notice by notifying the customer via electronic mail or by posting the change on the PCI Systems, Inc. web page