Owik-Net,
Inc.
End-User Terms of
Service Agreement
BEFORE using Qwik-Net's Internet
Service, please read this Agreement thoroughly.
We strongly encourage this for your
benefit and protection.
By establishing an account with Qwik-Net, or using Qwik-Net's
Internet Access Services, you agree to be bound by this agreement and to use
the services in accordance with the terms herein.
I. Notice of Liability for
Long-Distance Charges
While Qwik-Net's support representatives will make
every effort to assist you in selecting an access number that is a local phone
call from your exchange, it is your responsibility to confirm that the
selected access number is a local call. We recommend that you contact your phone company to verify that the
dial-up number provided to you by any Qwik-Net support representative or
reselling agent is a local number BEFORE accessing the service.
Please also be aware that accessing local numbers
(such as an Qwik-Net dial-up access number) using a wireless service, often
results in airtime charges. All
telecommunications charges are the sole responsibility of the
telecommunications customer. Qwik-Net,
its support representatives and authorized sales agents are not responsible for
any long distance or other telephone charges incurred by the user while
connected to the service.
II. Warranty
The Qwik-Net service is provided “As Is - As
Available” without warranties of any kind, expressed or implied. Qwik-Net has no control over the content
or information passing through the Qwik-Net system. Use of any information obtained through
the use of the Qwik-Net service is at User's risk.
Qwik-Net nor any of its support representatives or
authorized sales agents or their respective employees warrant that the Qwik-Net
service will be uninterrupted or error free, or that any material accessible on
the service is free of viruses, cancelbots, worms, trojan horses or other
harmful components. Qwik-Net will
issue no refunds, credits or other such reimbursements for interruptions in
service.
III. Limitation of Liability
Under no circumstances shall Qwik-Net, its support
representatives, authorized sales agents or their respective employees be
liable for any direct, indirect, incidental, special, punitive or consequential
damages that result in any way from user's use of, or inability to use the
service or to access the Internet or any part thereof, or user's 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, any failure of
performance, computer virus, communication line failure, equipment failure,
theft, destruction or unauthorized access to, alteration of, or use of user's
account, whether for breach of contract, negligence or under any other cause of
action. In the event Qwik-Net is
found liable under any circumstance under the terms of this agreement, Qwik-Net's
liability shall be limited to the unused balance of user's subscription payment
pro-rated to reflect the current term.
IV. Automatic Payment Recurrence
If you elect to pay by credit card, Qwik-Net will
automatically charge your credit card when the next payment is due. If you pay annually or semi-annually,
your credit card will automatically be charged when the next payment is due. If you pay monthly, the monthly fee will
automatically be charged each month.
Qwik-Net automatically charges the cost of the service
plan you selected at a monthly, semi-annual or annual interval, depending upon
your service plan selection. To
prevent an automatic debit, you must either cancel your Qwik-Net service, or
change the account you wish to have charged before your next billing cycle
begins.
You may elect to change payment methods, credit card
accounts or checking accounts at any time. To do so, please call Qwik-Net before your next payment is due and
provide us with the information for the account you wish to have charged.
Qwik-Net uses paper and paperless billing methods. Invoices are mailed to your home or to
your primary mail account 20 days prior to the date they are due, and payment
is due by the expiration date. If payment
is not received by 6:00 PM EST on the Date of expiration, Qwik-Net's automated
billing system will automatically suspend service until payment is received. To avoid an interruption in service,
please make sure your payments reach Qwik-Net by the date of expiration.
When you call Qwik-Net to cancel a monthly dial-up
account, the account will become inactive as of the Expiration Date, and you
are responsible for all usage through the expiration date.
Charges for Monthly, Semi-Annual and Annual service plans
are non-refundable under any circumstances. Charges for dial-up accounts are not pro-rated in the event of
cancellation. When you call Qwik-Net to cancel a monthly dial-up account, the
account will become inactive as of the Expiration Date, and you are responsible
for all usage through the expiration date.
V. Appropriate Usage Policy (AUP)
Qwik-Net maintains an appropriate usage policy to
ensure the safety and satisfaction of our customers. In addition to your
affirmation that you will not use Qwik-Net service for any purpose prohibited
by the AUP, you agree to comply with all applicable local, state, federal, and
international laws and guidelines.
Violations of the AUP include, but are not limited to,
the following:
· Engaging in any activity that is prohibited by any
applicable local, state, federal, or international law or regulation.
· Gathering information about other users, including
e-mail addresses, without their consent.
· Creating a false identity for the purpose of
misleading others, especially when sending e-mail messages or posting to a
newsgroup.
· Connecting to Qwik-Net multiple times simultaneously with
the same account.
· Maintaining a dial-up connection by artificial means
for the purpose of keeping the connection open while unattended. Qwik-Net
dial-up connections are intended to be open for active use only. Qwik-Net
reserves the right to terminate a connection following an extended period of
inactivity.
· Connecting for a total amount in excess of 200 hours
per month.
· Running any type of server (web, mail, ftp, gaming,
etc.) that requires extended connections.
· Sending large amounts of unsolicited e-mail (see
Spamming Policy below).
Qwik-Net reserves the right to terminate an account
for violations of the AUP. Qwik-Net, at its sole discretion, will determine
whether customer actions violate the AUP. If you are unsure whether a
particular action violates the Appropriate Usage Policy, please contact an Qwik-Net
representative.
Spamming
Policy
Using any Qwik-Net account or server to send
duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect
the responses from unsolicited e-mail (for example, by maintaining a
spam-advertised web site) is prohibited.
Qwik-Net reserves the right in its sole discretion to
determine whether duplicative or mass e-mail messages are
"unsolicited." A complaint
from the recipient is presumptive evidence that the message was unsolicited. Qwik-Net
has no obligation to refer complaints to the sender or to identify complaining
parties.
Conduct that directly or indirectly encourages,
permits, or relies on spamming is included in this prohibition. Examples include failure to implement
technical or administrative measures to prevent mass unsolicited e-mail, or
providing spam "support services" such as e-mail dropboxes or sales
of spamware.
Similarly, using any Qwik-Net account or server to
post advertisements or messages that violate the charter of any newsgroup or
mailing list is prohibited.
Qwik-Net reserves the right to make the determination
whether a given message violates the newsgroup or mailing list charter. In most
cases Qwik-Net will defer to the judgment of the newsgroup or mailing list
moderator or administrator.
Spamming is defined by Qwik-Net as -- Sending
unsolicited bulk and/or commercial messages over the Internet. It is
not only harmful because of its negative impact on consumer attitudes toward Qwik-Net,
Inc., but also because it can overload Qwik-Net's network and disrupt service
to Qwik-Net subscribers. Also,
maintaining an open SMTP relay is prohibited (web server, mail server,
etc.) When a complaint is received,
Qwik-Net, Inc. has the discretion to determine from all of the evidence whether
the e-mail is considered spam.
Distribution of Internet viruses, or other harmful,
destructive activities -- Distributing information regarding the creation of
and sending of Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, etc are prohibited. Activities that disrupt the use of, or interfere with the ability of
others to effectively use the network or any connected network, system,
service, or equipment is prohibited.
Commercial messages that are appropriate under the
charter of a newsgroup or mailing list, or that are expressly solicited by the
recipients, are permitted.
This sort of unsolicited advertising is also against the
policies of our upstream providers, Time Warner and Qwest. By allowing our customers to violate our
policy we would be violating our contract with our providers and risking
disruption of service. Therefore,
our policy includes any restrictions noted in the following policies:
Qwest's Policy: www.qwest.net/nav4/acct_tools/account.html
Time Warner Policy: http://dialaccess.rr.com/SubscriberAgreement.html
VI. Miscellaneous
It is a violation of this agreement to give express or
implied permission to any individual who is not a customer of Qwik-Net, access
to your Qwik-Net account, username and/or password. All Qwik-Net customers are responsible
for their own accounts. Unauthorized
use of a dial-up account may result in prosecution of the party responsible.
You must be 18
years of age to sign-up for Qwik-Net Internet Access. Qwik-Net reserves the right to modify
the Terms of Service Agreement without notice.
If
you do not agree to the terms and conditions of this agreement,
Qwik-Net
regretfully prohibits your use of the service.
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