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We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service. Billing Month-to-Month Your first charge will include the prorated fee for the current month, plus the next. Charges will occur on the last day of the month, are paid for in advance and will continue until you request to cancel ByteUSA service. (ex: If you signup March 15th your first bill will be $3.99 + $7.99. Your next charge will occur April 30th and be for $7.99.) If your credit card is unable to be processed we will attempt to contact you via phone. Your service will be terminated if we are unable to reach you. Billing Yearly Your first charge will include the prorated fee for the current month plus the yearly fee. Your next charge will occur the last day of the month, 1 year after initial signup, paid for in advance and will continue until you request to cancel ByteUSA service. (ex: If you sign up March 15th of 2007 your first bill will be $3.49 + $83.88. Your next charge will occur on March 31st 2008 and be for $83.88.) If your credit card is unable to be processed we will attempt to contact you via phone. Your service will be terminated if we are unable to reach you. Warranty Disclaimer No warranty's are made regarding the service. We can not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. Responsibility of Use User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them. Limitation of Liability Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. Age Limit User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. Sexually Explicit Materials User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials. Restrictions of Use User understands that the following restrictions are applied to the service: User May Not: -Send SPAM, or bulk email when dialed into the network. -Post or transmit viruses or any harmful component to others. -Transmit anything that is protected by copyright without permission. -Attempt to violate the security of any computer network. -Engage in any illegal activity. Dialup Restrictions User agrees to allow provider to force a 20 minute idle timeout and 5 hour maximum per session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service. User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection. The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Email Restrictions -User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own. -User may not send to more than 25 recipients at a time. -User may not send more than 100 emails per hour period. -User may not send from an email address that is not their own. -User may not send an email that is over 10 MB in size. -User may not forge message headers to hide the origin of their email. -Provider may block certain attachment types used in transmitting viruses. -Email is kept on the server for only 60 days. You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, piracy and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive or unethical materials. Right to Cancel We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation. System Backups We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity. No Confidentiality Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. This service provides access to the unfiltered World Wide Web. Failure to Comply With Terms and Conditions We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Miscellaneous In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and us with respect to the Service.
