|Terms and Conditions|
Terms and Conditions
Action Communications Internet Access and its various services (the "Services") are offered to you (the "subscriber" or "user") subject to rules governing the use of and access to its computer system (the "System") and related services. By subscribing to and using Action Communications or any Services, you agree to pay all applicable fees and abide by this agreement and it's applicable rules, as they now exist and as they may be amended in the future. To subscribe to this Service, you must be at least 18 years of age. If the rules change in some way that you find unacceptable, you are free to terminate your membership at any time. Your rights as a subscriber under this agreement are not transferable to any other person or entity. Action Communications SYSTEM ADMINISTRATORS RESERVE THE RIGHT TO MONITOR ALL ACTIVITY ON Action Communications.
As of January 1, 2000 all non-dedicated dialup accounts are permitted to use 'Unlimited Internet' as defined above.
Action Communications will work to protect the confidentiality of electronic mail exchanged over the system subject to a reservation of its right to access and disclose any message on the system for the purpose of providing the service or to protect the security of the system or the rights or property of Action Communications. Except as expressly provided herein or as required by law, Action Communications will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.
II. LIMITATION OF LIABILITY
Action Communications DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED BY, OR THE INFORMATION OR SOFTWARE CONTAINED ON, THE SYSTEM WILL MEET THE MEMBER'S REQUIREMENTS OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. Action Communications IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Action Communications DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED BY OR VIA Action Communications. AS A SUBSCRIBER YOU SHOULD UNDERSTAND THAT Action Communications PROVIDES NO WARRANTY CONCERNING THE ACCURACY OF ANY INFORMATION FOUND ON OR EXCHANGED THROUGH THE SYSTEM. WITH THE EXCEPTION OF THE EXPRESS REPRESENTATIONS SET FORTH IN THIS AGREEMENT, Action Communications AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF Action Communications AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND SHALL CONSIST OF A DUTY TO REFUND AMOUNTS PAID BY THE SUBSCRIBER TO SUCH PARTY DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH SUBSCRIBER BY SIGNING THE SUBSCRIPTION AGREEMENT WAIVES ANY AND ALL CLAIMS RELATING TO THE USAGE OF MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM WHETHER SUCH CLAIMS ARE AGAINST Action Communications OR ANY OTHER PERSON WHO HAS SUPPLIED MATERIAL TO THE SYSTEM. IN NO EVENT SHALL Action Communications OR ANY PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
III. INFORMATION CONTENT & USES OF THE SYSTEM
You, as the subscriber and end user of Action Communications, agree to adhere to the terms and conditions set forth in this agreement. Subscribers are aware of the responsibilities they are about to acquire. Action Communications may modify these rules at any time by publishing the modified rule(s) on the System. You agree not to publish on or over the System any information which violates or infringes upon the rights of any other person or any information which would be abusive, profane or obscene; not to use the facilities and capabilities of the System, or cause the facilities and capabilities of the System to be used, to solicit the performance of any activity which is prohibited by law. The system administrators and Action Communications have no control of the content of information residing on other systems. This information may be or become available on or via Action Communications. Subscribers are advised that some systems may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material. Subscribers who are parents of minor children may wish to monitor home usage of the System.
IV. THIRD PARTY SUPPLIED INFORMATION
Opinions, advice, services and all other information expressed by subscribers, information providers, service provider, or other third party personnel on Action Communications are those of the provider and not of Action Communications. Subscribers are urged to seek professional advice for specific, individual situations. Subscribers may order services or merchandise from other agencies and subscribers of Action Communications, not affiliated with Action Communications, ("Seller") through Action Communications. All matters concerning the merchandise and services ordered from Seller, including but not limited to purchase terms, payment terms, warranties, guarantee, maintenance and delivery are solely between the Seller and the subscriber. Action Communications makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. Action Communications or the system administrators shall not be a party to such transactions or be liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of Sellers.
V. PAYMENT INFORMATION
The monthly fee for a Action Communications Internet Access account will vary according to the service provided. Please refer to the document entitled "Action Communications Payment Schedule" for more details on charges for Personal Accounts. For information on the monthly fee for an Internet Business Account, please refer to the account description provided at the time the account is established. Monthly fees apply to all 'active' accounts, whether or not the account is actually used (accessed) by the member in any given month.
VI. UPDATING MEMBER ACCOUNT INFORMATION
Action Communications may occasionally require new registration and account information from subscribers to continue the service. Subscribers must notify Action Communications of any changes in account information.
VII. ONLINE CONDUCT
Any action by a subscriber that is determined by a system administrator to constitute an inappropriate use of Action Communications or to improperly restrict or inhibit other subscribers from using and enjoying Action Communications is strictly prohibited and may result in termination of an offending subscriber's account. Subscriber specifically agrees not to submit, publish, or display on Action Communications any defamatory, inaccurate, abusive, obscene, profane, threatening, racially offensive, or illegal material. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of this agreement.
Public Posting Areas (Message Boards/UseNet Groups): UseNet messages are posted from systems around the world and the Action Communications system administrators have no control on the content of messages posted from these other systems. The system administrators, at their sole discretion, may remove messages posted locally in violation of this Agreement. The system administrators, at their sole discretion, further reserve the right to immediately terminate the account of a subscriber who misuses the message boards or UseNet groups.
VIII. GENERAL RULES REGARDING USE OF THE SYSTEM
All subscribers of Action Communications or any Action Communications service must abide by the following rules:
IX. RULES RELATING TO SUBMISSION AND DELETION OF MATERIALS
Submissions: Action Communications Business Account subscribers may submit for approval documents, memoranda, articles, outlines and other materials for inclusion on the Action Communications server.
X. ADDITIONAL RULES REGARDING COPYRIGHT
While a subscriber may preserve its copyright interest in submitted material, all materials submitted for public posting to the system shall become part of a database, the compilation copyright of which is owned exclusively by Action Communications. Moreover, subscribers who submit material shall be deemed to (i) grant to Action Communications and subscribers to the system a paid up, perpetual, world-wide irrevocable license to use, copy and redistribute such materials and any portions thereof and any derivative works there from and (ii) warrant that such submitting subscriber has all rights necessary to submit such material and that the use of such material by Action Communications and subscribers to the system will not infringe any other party's rights. Each information provider and subscriber agrees, as a condition of such license, (i) not to remove identifying source information from verbatim copies of member-supplied materials (or substantially similar derivative works) found in public areas of the system and (ii) warrant that such submitting subscriber has all rights necessary to submit material and that the use of such material by Action Communications and subscribers to the system will not infringe any other party's rights. Each information provider and subscriber agrees as a condition of such license, (i) not to remove identifying source information from verbatim copies of member-supplied materials (or substantially similar derivative works) found in public areas of the system and (ii) not to reproduce portions thereof in any way that identifies the source but fails to describe accurately the nature and source of any modification, alteration thereto or selection there from.
XI. TERMINATION OF ACCOUNT(S)
Should you ever need to disconnect (terminate your contract with Action Communications) the following rules apply:
1) No refund of setup fee(s).
2) Full refund of account fees, if unable to connect acceptably, within the1st 10 days after original signup.
3) No Refund (after first10 days) of 3 Month contracts.
4) Refund on 6 & 12 month contracts = 50% of remaining contract fees (based on whole calendar months).
5) All requests for Cancellation/Refund must be received in writing (via email or USPS) with full account information (your name, username, password, etc)
6) All requests for Cancellation/Refund must be received (in writing) on or before the 1st business day of the month of cancellation.
7) All requests for Cancellation and/or refund of the current calendar month received after the 1st business day of the month will be denied with the exception of rule 2..
The terms and conditions set forth in this agreement, including the applicable price sheet incorporated herein by reference, represent the complete statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof.
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