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I. INTRODUCTION. VisionSix Internet Services will provide to
you, as a subscriber (a "Member"), Dedicated 24x7 Internet
access as described below (the "Service"). By establishing
an account and continuing use of the Service, you agree to be bound
by this Agreement and the Terms and Conditions, as each are amended
from time to time, and to use the Service in compliance with this
Agreement and the Terms and Conditions, as each are amended from
time to time. If you do not agree to the terms and conditions of
this Agreement, including any future revisions, you may not use
the Service and if you are a current Member, you must terminate
your use of the Service under Section VI below.
II. SUBSCRIBER REQUIREMENTS. The Service may require a local
access line be purchased from your local telephone company. VisionSix
Internet Services may assist you in contacting the telephone company
or in specifying your telephone line needs; however, this makes
no implication of any responsibility on the part of VisionSix Internet
Services for your telephone line, payment for that line, or reliability
of your connection through this line. You are solely responsible
for determining if use of the Service will cause you to incur phone
company charges. VisionSix Internet Services is not responsible
for any long-distance, toll, or other telecommunications charges
you incur. Current prices for VisionSix Internet Services may be
obtained by calling your VisionSix Internet Services (205) 763-9120.
VisionSix Internet Services reserves the right to change prices
and institute new fees at any time upon thirty (30) days prior notice.
III. VisionSix Internet Services's OBLIGATIONS. VisionSix
Internet Services will provide you with: (a) an appropriate router
configured for the Service (if you purchased the router with the
Service); (b) 24x7 dedicated connectivity to the Internet through
VisionSix Internet Services Internet Services; and (c) technical
phone support for the Service you have purchased. For Dedicated
Access Services that include IP addresses, VisionSix Internet Services
will provide a block of Internet accessible IP addresses for your
local area network ("LAN").
Please note that the quality of your Internet connection can be
affected by the quality of the local access line you purchased from
the phone company (with the exception of Wireless Service). There
are times that the local access line is the cause of a connection
problem. VisionSix Internet Services will offer advice in handling
connection problems that result from telephone line connectivity
issues; however, VisionSix Internet Services has no control of or
responsibility for the reliability of said lines.
If you violate any of the Prohibited Network Abuse Activities stated
in the Terms and Conditions, including the rules about spam, VisionSix
Internet Services will block your account immediately and without
warning. VisionSix Internet Services respects its subscribers' privacy
and does not randomly filter, monitor or disclose the contents of
private email or other private communications. However, VisionSix
Internet Services will, under appropriate circumstances, disclose
the identity of a subscriber to third parties in response to a valid
legal subpoena and will otherwise cooperate with legitimate police
inquiries and lawful civil proceedings.
VisionSix Internet Services technical personnel are not familiar
with your LAN and they are not qualified to help you with network
problems. ANY SUGGESTIONS YOU MAY RECEIVE FROM VISIONSIX INTERNET
SERVICES PERSONNEL REGARDING YOUR LAN OR ANY COMPUTERS OR SYSTEMS
CONNECTED TO YOUR LAN ARE USED AT YOUR OWN RISK. VisionSix Internet
Services does not repair computers or consult on issues regarding
your local network. If you determine that you are having difficulty
connecting to the Internet because of hardware or network issues,
we recommend that you contact your hardware manufacturer or network
manager.
IV. SUBSCRIBER RESPONSIBILITIES. You are responsible for
configuring your LAN and computers or other equipment connected
to your LAN to connect to and use the Service. We strongly recommend
your LAN manager be involved in this process. You are responsible
for ensuring that such equipment or service is compatible with VisionSix
Internet Services's equipment. If you ever lose your Internet connection,
please contact VisionSix Internet Services Customer Support or use
VisionSix Internet Services's web form located at VisionSix Internet
Services's Web site so VisionSix Internet Services can determine
if there is a telephone company problem or if there is a problem
with our facilities. If you have the password to your Internet access
router it is important that you keep it private and not share it
with anyone. Anyone who has your router password can control or
disrupt your connection to VisionSix Internet Services.
V. DISCLAIMER OF WARRENTIES and LIMITATION OF LIABILITY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VisionSix Internet Services DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. VisionSix Internet Services MAKES NO EXPRESS WARRANTIES
AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION,
OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY.
NO ADVICE FOR INFOMRATION GIVEN BY VisionSix Internet Services OR
ITS REPRESENTATIVES SHALL CREATE A WARRANTY. VisionSix Internet
Services AND ITS AGENTS AND EMPLOYEES ARE NOT LIABLE FOR ANY COSTS
OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE
OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, VisionSix
Internet Services's CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND
ALL CLAIMS RELATING TO THE USE OF THE SERVCIE SHALL NOT EXCEED THE
TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
VI. TERMINATION OF AGREEMENT. Continued use of the Service
constitutes acceptance of this Agreement and any future versions.
If you are dissatisfied with the Service or any related terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the Service and to terminate your
account based on the guidelines referenced in the Terms and Conditions.
VII. MISCELLANEOUS.
This Agreement, the Terms and Conditions and VisionSix Internet
Services's other user policies posted on its web site constitute
the entire agreement between you and VisionSix Internet Services
with respect to your use of the Services. VisionSix Internet Services
may revise, amend, or modify this Agreement, the Terms and Conditions,
and any other user policies and agreements, at any time and in any
manner. Notice of any revision, amendment, or modification will
be posted on VisionSix Internet Services's Web site and/or by email
and/or in our various publications and mailings to Subscribers.
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