Treknet agrees to provide service and User agrees to receive access to TrekNet Internet dial-up service according to the following terms and conditions:
Treknet reserves the right to refuse service to anyone.
- All aspects of TrekNet’s Service Agreement ("Agreement") pertain to the User’s Principal Account and Associate Accounts billed to the Principle Account.
- User agrees to use the service in a manner consistent with any and
all applicable laws. In the event that this account is not used in accordance to Applicable Laws including, but not limited to Local, State or Federal Laws, TrekNet reserves the right
to cooperate with all or any law enforcement agencies.
- The benefits of or rights granted by this agreement are not transferable. Use of TrekNet accounts is limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
- User agrees to follow the Acceptable Use Policy of any network user connects to, including TrekNet’s system.
- If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).
- User agrees to pay TrekNet all charges relating to the use of User's
account(s) according to rates and prices stated on said sales order at the time of initiation.
- User is responsible for all use of User’s account(s) and
confidentiality of password(s). TrekNet will suspend access or change
access to User's account(s) by the following business day upon notification by User that his/her password has been lost, st
olen or otherwise compromised. TrekNet is not liable for any usage and or charges caused by a compromised account.
- User is responsible for all local and long-distance telephone charges for connecting to TrekNet. User is also responsible for charges incurred by users paging company when used in conjunction with TrekNet. User is responsible for providing computer equipment needed for their access to Treknet's server.
- User is responsible for charges on the first day the User account is activated and TrekNet may apply the amount due to User’s credit card or billing at any time.
- TrekNet reserves the right to suspend access or service for User’s account(s) upon any indication of credit problems including delinquent payments or rejection of any credit card charges.
- Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
- User agreed type of payment (monthly, 3 month, 6 month) must be timely paid to maintain Users membership privileges. The agreed charges will continue regardless of your use unless you notify TrekNet in writing that you wish to cancel your membership. You must give a 30 day written notice to cancel, unless bound by a specific
agreement.
- Returned checks will result in a $20.00 fee to be charged to the User.
- The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future TrekNet rule or regulation; or 2. We do not receive payment on or before its due date; or 3. Any material statement by the User inthis contract is false.
- TrekNet, at its sole business judgment, may terminate User membership Agreement immediately or suspend User’s access to including, but not limited to, refusal or failure to pay for services provided or by sole judgment of TrekNet that User may be performing activities harmful to TrekNet or its Users, employees, vendors, business relationships or any other users of the Internet.
- TrekNet reserves the right to change prices on 30 days notice published Online and/or written notice sent. TrekNet is not responsible if User fails to read the notice before those thirty days.
- The TrekNet service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to TrekNet or any information of software therein. This in no way includes any reimbursement for losses of income due to disruption of service by TrekNet or its providers.
- Neither TrekNet nor its Information Providers are responsible for any damages arising from User’s use of TrekNet or by User’s inability to use TrekNet service. TrekNet does not guarantee access to TrekNet server or any other server at any time.
- Use of TrekNet for advertising or promotion of a commercial product or service without the express, written consent of TrekNet is prohibited.
- Treknet reserves the right to change without notice the TrekNet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
- TrekNet is not responsible for User’s personal files residing on TrekNet. User is responsible for independent backup of his/her data stored on TrekNet.
- TrekNet reserves the right to delete User’s personal files after one or both parties terminates agreement.
- User hereby agrees that any material submitted for publication on TrekNet through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or lbelous.
- TrekNet reserves the right at its sole discretion to delete any information entered into TrekNet by User. TrekNet and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information. TrekNet is not obligated to publish any information provided by User.
- Use of any distribution list in electronic mail, Usenet News or other mass electronic mailings is subject to approval by TrekNet.
- This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Arizona.
- TrekNet may modify any terms and/or agreements upon notice published online via TrekNet’s server. User’s use of TrekNet services after such notice shall constitute User’s acceptance of the modifications to this Agreement.
- Non-enforcement of any section of this Agreement does not constitute consent and TrekNet reserves the right to enforce this Agreement at its sole discretion.
- If any one or more paragraphs on this Agreement is found to be unenforceable or invalid, User’s and TrekNet’s agreement on all other paragraphs and forms shall remain valid.
- In the event the User defaults on this contract, TrekNet may suspend or revoke the User’s membership privileges and the User may have to reapply for membership at the price TrekNet is charging to new member. The User agrees to pay TrekNet’s reasonable attorney’s fees and court costs, where permitted, in collecting the amount remaining in the User’s contract as stated in the sales order.
- Communication systems are subject to degradation of service from phenomena such as "Line-Noise" interference and other causes beyond the reasonable control of TrekNet. TrekNet is not responsible for any shareware or freeware software used while connected to TrekNet.
- TrekNet may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
- Customer may not cancel orders placed in accordance with the provisions of this agreement.
- In addition to any price specified herein, customer shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales, or delivery of any products or services furnished here under or to their use by customer.
- TrekNet reserves the right to terminate or change priority of any process started by said user.
- TrekNet reserves the right to collect damages (software, hardware & man hours) if any harm is done to TrekNet which requires repair or reconfiguration of any kind.
- User agrees to not use their dialup accounts as a dedicated connection to the internet. The user agrees to disconnect their modem from TrekNet's system when not actively and physically engaged in using their computer for interacting with the Internet. User agrees to limit use of their dialup connection to 10 hours a day.
TrekNet reserves the right to cancel any dialup account that abuses their
dialup connection time at TrekNet's sole discretion.
- TrekNet's system will automatically disconnect user's accounts which have not transferred any information between the user's computer and TrekNet through the user's dialup connection in a 15 minute period. Use of software that artificially keeps a connection open including constantly checking mail, ping and "dial-back"
programs to keep a connection live is prohibited.
- TrekNet accepts NO responsibility or liability of any kind for
information found on the Internet. User understands that the Internet is
not owned or controlled in anyway by TrekNet. Any material found by the
User or anyone else using the account is accessed at his/her own
discretion and risk.
- Sending any type of unsolicited email is forbidden and may result is immediate account termination and charges for labor required to respond to complaints and clean mail server buffers.
- User may not use dialup connections to supply a service to internet users such as but not limited to: ftp download sites, dns redirectors, and web services. User may not resell Internet bandwidth they receive from TrekNet. Users may not share their account with other persons.
- Personal homepages cannot be used as download sites.
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