AwesomeNet Internet Access Agreement
AwesomeNet provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1.1 The Service includes: Internet access; Electronic mail ("email") and a single electronic mail address; and one Web site (up to 10 megabytes) on AwesomeNet's server (regardless of the number of mailboxes per your account).
1.2. Any means of identification assigned to you by AwesomeNet (including usernames and email addresses) will remain the property of AwesomeNet and at AwesomeNet's sole discretion may be altered or replaced at any time.
1.3. AwesomeNet makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. AwesomeNet reserves the right to change the Service or any of its features at any time with or without notice.
2. Registration Requirements.
2.1. Member certifies to AwesomeNet that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide AwesomeNet with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to AwesomeNet within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3.1. Setup fees are nonrefundable, and AwesomeNet does not issue pro rated refunds for fees paid in advance.
3.2. AwesomeNet offers Unlimited Internet access subject to the following limitations:
3.2.1. Alternative access, such as 1-800/888/899 or international roaming, is not included in this offer but requires payment of additional hourly charges.
3.2.3. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR AWESOMENET DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. AWESOMENET IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESSES THE SERVICE THROUGH YOUR ACCOUNT.
3.3. Current prices for AwesomeNet services are posted on AwesomeNet's Website at http://www.awesomenet.net/ these prices may also be obtained by calling 1-361-993-8774. AwesomeNet reserves the right to change prices and institute new fees. AwesomeNet may change rates or institute new charges at any time upon 30 days prior notice. AwesomeNet does not issue pro rated fee refunds, or refunds on any pre-paid services.
3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each CHECK and/or an ECHECK that is returned to AwesomeNet for insufficient funds.
3.5. Payments for all charges are due within 15 days of the billing date in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at AwesomeNet's sole discretion.
If your account incurs charges, which are denied by your financial institution, AwesomeNet reserves the right to re-bill for those charges, regardless of your account status.
If your account is suspended, regular charges continue to accrue until you cancel your account. AwesomeNet may, at its sole discretion, charge a fee of $15.00 to reinstate a suspended account.
3.6. Interest charges of 3% per month (or the highest rate permitted by law if lower than 3% per month) will accrue daily on any unpaid balance, which is more than 30 days old.
3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.8. If you believe that AwesomeNet has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4. Use of the Service.
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your AwesomeNet account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
4.3. You are responsible for all charges assessed as a result of use of your account. However, AwesomeNet will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify AwesomeNet within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the Service.
4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects AwesomeNet to liability; or is in contravention of AwesomeNet's Acceptable Use Policy. You agree to comply with all AwesomeNet security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
5. Monitoring the Service; Disclosure of Member Information.
AwesomeNet has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, AwesomeNet will not disclose member information to outside persons or entities for the purpose of soliciting AwesomeNet members.
AWESOMENET, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
6. No Warranties Provided by AwesomeNet.
6.1. Except for certain products and services specifically identified as being offered by AwesomeNet, AwesomeNet does not control any information, products or services on the Internet and except for such AwesomeNet-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with AwesomeNet.
6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AWESOMENET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. AWESOMENET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AWESOMENET OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AWESOMENET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 AWESOMENET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. AWESOMENET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
7. Your Remedies.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL AWESOMENET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold AwesomeNet and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
9. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon establishment of your account. If you are a current AwesomeNet member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
10. Termination of Agreement.
10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from AwesomeNet. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. AwesomeNet does not issue pro rated fee refunds.
10.2. AwesomeNet may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.
10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to AwesomeNet all copies of software and documentation that you received from AwesomeNet.
10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. AwesomeNet's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11.1. You may change or cancel your AwesomeNet account by the following methods only: written 30 day advance notice sent to AwesomeNet, Inc., 6004 South Padre Island Dr., C.C., TX 78412; or telephone calls directed to the billing department (1-361-993-8774). All cancellations require a 30 day advance notice. AwesomeNet will not issue refunds on any prepaid service. E-MAIL CANCELLATIONS WILL NOT BE ACCEPTED.
11.2. AwesomeNet may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to AwesomeNet's web site at http://www.awesomenet.net; or by US Mail or courier service at the address you provided AwesomeNet when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
12.1. AwesomeNet's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and Texas state courts having jurisdiction for with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and AwesomeNet. Any cause of action you 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.
12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and AwesomeNet and/or your use of and/or AwesomeNet's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4. Neither this Agreement, nor any of your rights or obligations arising there under, shall be transferable by you to any third party without AwesomeNet's prior written consent.
12.5. This Agreement, the Rate Chart, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and AwesomeNet with respect to the Service.
12.6. AwesomeNet reserves the right to alter amend or modify this Agreement at any time.
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