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All America.Net customers enter into a service agreement by virtue of using our products and services. This agreement is included with every package of client software delivered to America.net customers. By opening the client software disk packaging, each customer accepts this agreement. As a convenience, this agreement is reproduced in substantially the same form below. If you have any questions about this agreement, please refer to the contact information at the bottom of the document.
1. THE SERVICE
1.1 Provider will use commercially reasonable efforts to provide you with Service by which you will gain Internet access ("the Service"). Provider will provide on-line registration software, upon payment of the appropriate fees.
1.2 No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on Provider or any of its contractors relating to the subject matter of this Agreement.
2. GENERAL SUBSCRIBER OBLIGATIONS
2.1 You will obtain access to the Service via your password. You agree to maintain your password as private and confidential information. Only you or those who reside in your home are authorized to obtain access to the Service via your password. Only one person is allowed to access the Service via the password at a time; access to the Service by multiple users at the same time via a single password is strictly prohibited. You are signing this Agreement on behalf of yourself and any person who accesses the Service under your password. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.
2.2 You represent and warrant that you are at least 18 years of age. You may at your discretion permit persons under 18 years of age to use the Service, and you acknowledge that you are responsible to provide adult supervision. You acknowledge further that the Service provides full access to the Internet without restriction. The Service is not intended to be used to enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.
2.3 The Service is provided to you individually. Subject to Section 2.1, you may not transfer your subscription or your rights and obligations under this Agreement to any other person.
2.4 From time to time, Provider may post notices about the Service, including notices related to upgrades, maintenance, outages, etc. to you via email. You are responsible for checking your email for such notices and for compliance with such notices.
3. PAYMENT TERMS
3.1 You agree to pay an initiation fee and a monthly recurring charge for the Service in accordance with Provider's standard charges. You agree to pay all applicable federal, state and local fees or taxes.
3.2 Provider reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable notice to you.
3.3 Initiation fees are due at the initiation of the Service. Monthly charges are payable in advance. Failure to pay all bills within 30 days of billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate of one and one-half percent (1 �%) per month for any outstanding fees or portions thereof not paid as provided herein. Provider may charge a reasonable service fee for all returned checks and bank card or charge card chargebacks. Your continued use of the Service indicates acceptance of the terms and conditions of this Agreement and authorizes Provider to continue charging your account for providing you the Service.
3.4 If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection.
3.5 You will be responsible for all expenses (including reasonable attorney's fees) incurred by Provider in collecting any unpaid amounts due in accordance with this Agreement.
3.6 If you elect the monthly or discounted payment plans and choose to discontinue service at any time during such period, you will be responsible for all fees due for the entire term. Your Service will remain available to you for the entire term for which you have paid regardless of your early termination notice. Provider will not provide credits or refunds for an early termination of service.
4. COMPUTER EQUIPMENT REQUIREMENTIn order to make use of the Service, you must use, as a minimum, one of the types of computer equipment and software suites listed below:
PC EQUIPMENT REQUIRED: 486 or higher, with at least 8MB RAM, 30 MB hard disk space available, 14.4 baud modem, and either Windows 3.1, Windows 95, Windows 98, or NT operating system.
MACINTOSH EQUIPMENT REQUIRED: 10MB RAM, 30MB hard disk space available, 14.4 baud modem and operating system 7.5x to 8.x.
5. USER BACK UP RECOMMENDATIONIn order to install certain materials which may be provided to you in connection with the Service or may be required to make use of the Service, it may be necessary to open the applicable computer equipment. When software is installed on such computer equipment, the system files may be modified. Provider does not warrant that the opening of such computer equipment or the installation of software will not disrupt the normal operations of such computer equipment or cause the loss of files. FOR THESE AND OTHER REASONS, PROVIDER RECOMMENDS THAT YOU BACK UP ALL FILES PRIOR TO INSTALLATION.
6. INSTALLATION AND ACCESSIf necessary, Provider may schedule one or more installation visits with you. You must be present at your home during installation. Following installation, you will provide Provider with reasonable access to the premises to inspect, repair and maintain Provider's equipment. Upon termination of your purchase of the Service, you will return the equipment or provide Provider with access to your premises to remove it.
7. OWNERSHIP AND USE OF
PO Box 1376
Alpharetta, GA 30009
Phone: 1-888-391-4772 | Fax: (678) 507-5001
Technical Support: 1-800-352-8156
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