Client Agreement Terms and Conditions
This document forms an agreement to provide services between
Dialups.US and the client using our services.
Description of Services
Dialups.US will provide to the client, dial-up access to the Internet
through local access numbers in those areas of the United States and Canada
that are covered by any local access number as listed in our Nationwide
Dialup Access Database.
Service includes unlimited connection time, 5 email accounts,
and 5 mb of personal web space. Our allowed connection time is not
a dedicated 24/7 connection. Dialups.US reserves the right to terminate service
if used as a dedicated connection. Dedicated service shall be defined as online
usage that exceeds 10 channel
hours on any day, or a total of 300 hours over a 30 day calendar month usage
report. User may be blocked if their virtually unlimited account is used as a
dedicated connection.
Appropriate Usage
"Spam," or "Spamming," is the broadcasting of
mass quantities of unsolicited Email, which is usually, but not
necessarily, sent for commercial purposes. Spamming is an unauthorized
use of our Email sending and/or relaying resources and will not be
tolerated.
All services provided by Dialups.US may be used for lawful purposes only.
Transmission or storage of any information, data or material in
violation of any United States Federal, State or Local law is
prohibited. This includes, but is not limited to: copyrighted material,
material legally judged to be threatening or obscene, or material
protected by trade secret and other statue. The client agrees to
indemnify and hold harmless Dialups.US from any claims resulting from the
use of the service which damages the client or any other parties.
Payment for Services
Nationwide dialup accounts are charged to the client's credit card in
advance in the amount required to cover the term of the account.
The client will provide and
maintain a valid credit card number and agrees to authorize a charge
equal to the amount owed on the beginning day of each term. This charge will
be processed without explicitly obtaining additional authorization each
term. Charges will appear on your statement from EDIFAX Internet LLC.
Authorized usage and control of account
Dialups.US has the right to delete all data, files or other information
that is stored in the client's account if the client's account with the
company is terminated, for any reason, by either Dialups.US or the client.
All files stored on Dialups.US systems may be inspected at any time by an
authorized agent of Dialups.US. Dialups.US retains the right to make copies of
any and all files for archival purposes. The archives may not be purged
even though the client's account has been terminated and all original
files removed from their account locations.
The client acknowleges that, despite security measures, files stored
on any Dialups.US system are subject to inspection, theft, or corruption by
persons not employed by Dialups.US and agrees to hold Dialups.US blameless in
the event such inspection, theft, or corruption occurs.
The client acknowleges that electronic mail is inherently insecure
and unreliable. The client waives all expectations of privacy and/or
delivery in the use of electronic mail and will not hold Dialups.US liable
in any way for damages or losses caused by the loss, misrouting,
exposure, or corruption of electronic mail or any associated files.
Accounts cannot be transferred or used by anyone other than the
client or their authorized agent.
Suspension and cancellation of services
Dialups.US shall have the right to suspend or cancel services to the
client at any time, and for any reason, without notice. If such a
suspension is to last for more than 30 days, the client will be notified
as to the reason. If service is cancelled by Dialups.US, the client will
receive a prorated refund.
Service provided by Dialups.US may be cancelled using the "Edit Account
Information" section of the "My Account" area of our website, or by email to
support@Dialups.US by the client
at any time with no penalty. Prepaid accounts (other than monthly) with
more than 30 days remaining in the payment term will receive a prorated
refund. If a client received a discount for a six month or one year
prepayment, the refund will be adjusted to reflect a charge for months
used at the full monthly rate at the time the prepayment was made.
Change of rates
Dialups.US reserves the right to change the rate by notifying the client
via their Primary Email Account 30 days in advance of the effective date of
the change.
Additional services
If the client requests that Dialups.US provide services not deliniated
herein, the client agrees to pay Dialups.US the rate for such services in
effect at the time such service was rendered.
Control of content
Dialups.US exercises no control whatsoever over the content of the
information passing through Dialups.US systems, other than attemping to
assure the safe, legal operation of their systems. Dialups.US specifically
does not exercise editorial control over any materials it believes to be
legal. The client assumes full responsibility for all materials placed
on the system by the client or on the clients behalf by Dialups.US.
Other aspects
Dialups.US makes no warranties of any kind, whether expressed or implied,
for the service it is providing. Dialups.US also disclaims any warranty of
merchantability or fitness for a particular purpose. Dialups.US will not be
responsible for any damage suffered. This includes loss resulting from
delays, nondeliveries, misdeliveries, or service interruptions caused by
Dialups.US's negligence or the client's errors or omissions. Use of any
information obtained via Dialups.US is at your own risk. Dialups.US
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT
OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE
AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE
CURRENT PAYMENT TERM.
Should any provision of this agreement be held to be illegal,
invalid, or unenforceable by a court law, the legality, validity and
enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order submitted. Use of Dialups.US
services constitutes acceptance of these Terms and Conditions.
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