I. INTRODUCTION. VisionSix Internet Services will provide to you,
as a subscriber (a "Member"), Dial-up Internet Service access
to the Internet 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 VII below.
II. SUBSCRIPTION REQUIREMENTS. Members must be at least
18 years old. A local access dial-up number may not be available
in all areas. You are solely responsible for determining if use
of a particular dial-up number will cause you to incur long-distance,
toll, or other charges. VisionSix Internet Services is not responsible
for any long-distance, toll, or other telecommunications charges
you incur. Current prices for VisionSix Internet Services are posted
on VisionSix Internet Services Web site at http://www.VisionSix.com
(the "Web site"). The rates posted on VisionSix Internet
Services Web site may also be obtained by calling VisionSix Internet
Services Customer Support at (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. The Service is designed
to support one connection at a time for each Member's account. However,
VisionSix Internet Services acknowledges that simultaneous access
for a single account is sometimes needed for special circumstances.
SIMULTANEOUS ACCESS FOR AN ACCOUNT IS AVAILABLE AND WILL BE BILLED
TO YOU, THE MEMBER, AT THE MOST CURRENT RATE POSTED ON VISIONSIX
INTERNET SERVICES Web site. Please note that if you obtain a simultaneous
access account you are responsible for recognizing when more than
one person is logged in at the same time.
III. VISIONSIX INTERNET SERVICES OBLIGATIONS. VisionSix
Internet Services will provide you with: (a) on-demand connectivity
to the Internet through VisionSix Internet Services Internet Service;
(b) free Internet technical phone support; and (c) fully licensed
Internet access software. Depending on the type of dial-up access
account you may have purchased, you may have "un-metered connectivity."
The term "un-metered connectivity" refers to access to
the Internet for a flat-rate price. The term does not imply a continuous
connection. The use of devices designed to maintain your connection
while your computer is not in use will be discouraged. If you need
a continuous connection to the Internet, please see VisionSix Internet
Services Web site for other products that are designed to stay reliably
connected to the Internet. VisionSix Internet Services technical
personnel will provide telephone support to help you get connected
reliably to the Internet. Please note that the quality of your Internet
connection is affected by the other phones in your house, the brand
and quality of your modem and computer, your house phone wiring,
the phone connections outside your house, and the line to the telephone
company. There are times that one of these factors that are outside
of our control is the cause of your problem and then all we can
do is advise you.
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. Depending on the specific dial-up product you buy, VisionSix
Internet Services will provide you with individual file storage
on VisionSix Internet Services servers. This storage can be used
to store email or for a personal web page or just files. It is your
responsibility to ensure that the volume, content, and use of this
file space abide by the restrictions contained in the Terms and
Conditions. VisionSix Internet Services respects its subscribers'
privacy and does not randomly 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 have not been trained on Internet-related software
such as web browsers, email, chat and game programs, and other software
that uses an Internet connection and they are not qualified to help
you with those programs. ANY SUGGESTIONS YOU MAY RECEIVE FROM VISIONSIX
INTERNET SERVICES PERSONNEL REGARDING INTERNET-RELATED PROGRAMS
ARE USED AT YOUR OWN RISK. VisionSix Internet Services does not
repair computers or modems. If you determine that you are having
difficulty connecting to the Internet because of hardware issues,
we recommend that you contact your hardware manufacturer or retailer.
IV. MEMBER RESPONSIBILITIES. If you ever receive a busy
signal, please contact VisionSix Internet Services or use VisionSix
Internet Services web form located at VisionSix Internet Services
Web site so VisionSix Internet Services can determine if there is
a telephone company problem or if an expansion of its facilities
is necessary. You are responsible for obtaining and maintaining
your communications equipment needed to connect to and use the Service,
including modems, computer hardware and software, and long-distance
or local telephone service. You are responsible for ensuring that
such equipment or service is compatible with VisionSix Internet
Services equipment. It is important that you keep your account and
user password private and not share it with anyone. Anyone who has
your username and password can access your private email, files
and other information that you send through VisionSix Internet Services.
They could also use your account without your knowledge or consent
and incur costs that you will be responsible for paying.
V. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY VisionSix Internet Services, VisionSix Internet
Services DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS,
OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS,
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
VisionSix Internet Services HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR
USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE
FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL
SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY
OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
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 INFORMATION 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 CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND
ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE
TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
VI. SOFTWARE LICENSEE. VisionSix Internet Services grants
to each Member a limited, nonexclusive, nontransferable and non-assignable
license to install and use the VisionSix Internet Services configuration
software. Further, VisionSix Internet Services provides free software
("freeware") from third parties for each Member's benefit.
See the Terms and Conditions for the specific terms of such limited
software license and use of the freeware.
VII. TERM 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, if you are a Member,
to terminate your account.
IX. MISCELLANEOUS. This Agreement, the Terms and Conditions
and VisionSix Internet Services 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 Web
site and/or on Member's start pages and/or by email and/or in our
various publications and mailings to Members.
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