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Thank you for choosing FCC.net ("FCC.net") as your Internet service
provider. This is a legal contract outlining your rights
and responsibilities as a FCC.net user ("User"). You
cannot access FCC.net's Internet services as a
FCC.net User until you have read and agreed to the
terms and conditions outlined below. As a User, you will
also be subject to FCC.net's Privacy Policy and
FCC.net's Acceptable Use Policies, both of which are
incorporated by reference herein (together with this
agreement, the "Terms of Service"). You can view a copy
of the FCC.net Privacy Policy, Acceptable Use Policy,
and Service Level Agreement by going to the following
URL: http://www.fcc.net/terms-policies.html.
Please note that in order to meet the changing needs
of the Internet business, FCC.net may, for any reason
and at any time, update or change any of the provisions
contained in the Terms of Service. FCC.net agrees to
promptly notify you of any material changes that it
implements. You may access an updated version of the
Terms of Service at any time by going to the following
URL: http://www.fcc.net/policies.html.
If you do not wish to be subject to the terms of a
revised agreement, your only remedy is to cancel your
FCC.net account in accordance with the procedures set
forth herein.
I. GENERAL TERMS
This agreement represents the terms and
conditions governing your use of the Internet service to
be provided to you by FCC.net. The Terms of Service
represents your entire agreement with FCC.net. You may
not amend any provision contained herein without the
prior written approval of FCC.net, nor may you assign
any of your rights or obligations to another person
without FCC.net's written consent. To become a
FCC.net User, you must (i) read and agree to accept
the Terms of Service, and (ii) be at least 18 years old.
FCC.net recommends that children under the age of 18
be supervised by an adult while on-line.
You will be responsible for all use of your account;
including use of your account by any authorized users.
Therefore, FCC.net recommends that you supervise the
use of your account by others. Do not reveal your
password to anyone. You agree that FCC.net will not be
responsible for any improper or illegal use of your
account, and you will indemnify FCC.net for any such
improper or illegal use. This includes, but is not
limited to, illegal or improper use by any user
authorized by you. Your account may be terminated by
FCC.net in its discretion if an authorized user
violates any of these Terms of Service.
You expressly agree that the use of FCC.net
software and its Internet Service are at your sole risk.
FCC.net's software, Internet services and content are
provided to YOU "AS IS" AND "AS AVAILABLE". All
warranties, express or implied, are disclaimed to the
extent permissible by law (including, but not limited
to, the disclaimer of any implied warranties of
merchantability and fitness for a particular purpose).
The information in said software/services may contain
bugs, errors, problems or other limitations.
FCC.net assumes no liability or responsibility for
any errors or omissions contained in the content of the
site. YOUR SOLE REMEDY AND FCC.net'S ENTIRE LIABILITY
WITH RESPECT TO THE USE OF FCC.net-PROVIDED SOFTWARE
SHALL BE FCC.net'S REPLACEMENT OF ANY DEFECTIVE
SOFTWARE. YOUR SOLE REMEDY AGAINST FCC.net FOR
DISSATISFACTION WITH YOUR SERVICE OR ACCOUNT SHALL BE
TERMINATION OF YOUR ACCOUNT. FCC.net SHALL NOT BE
LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM YOUR USE OF FCC.net, THE INTERNET OR FOR
ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCOUNT (OR,
IN THE EVENT THAT ANY LAW LIMITS FCC.net'S ABILITY TO
LIMIT ITS LIABILITY IN ANY WAY, FCC.net'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.)
II. BILLING INFORMATION
You agree to pay FCC.net in advance for all
charges for access to FCC.net's Internet service.
The billing methods and rates for usage will be
determined solely by FCC.net and may be changed by
FCC.net at any time. FCC.net also reserves the right
to collect from you all applicable taxes and impose
premium surcharges for some areas of service.
FCC.net agrees to promptly notify you of any change in
its fees or billing methods. If you do not agree with
any changes implemented by FCC.net, your only remedy
is to cancel your FCC.net account.
You are responsible for any and all charges
incurred, including applicable taxes and purchases made
by you or anyone you allow to use your FCC.net
account. This means that you will be responsible for all
usage and purchases under your account unless your
account or credit card information is obtained
unlawfully or fraudulently by someone other than one
authorized to use your account. If your account or
credit card information is unlawfully or fraudulently
obtained, the terms of your agreement with your credit
card company will apply.
For all account payment methods set to auto-billing (i.e.: ACH and credit card billing): Payments not received within 15 days of invoicing are subject to a late fee (1.5% finance charge with a minimum charge of $2.00). These accounts will be deactivated 30 days after the invoice date if the balance has not been paid in full. fcc.net reserves the right to charge you a five dollar ($5.00) reactivating charge. Upon reactivation, the account/s will reflect the current rate plan offer. Any previously discounted rate/s will not be honored.
Returned checks are subject to a charge of fifteen
dollars ($15.00). Delinquent accounts are subject to
reasonable collection and legal fees as well as interest
accrued at 1.5% per month, or the state legal limit,
whichever is lower.
For all other account payment methods: Payments not received within 30 days of invoicing (as accounts are billed 20 days in advance) are subject to a late fee (1.5% finance charge with a minimum charge of $2.00). These accounts will be deactivated 50 days after the invoice date if the balance has not been paid in full. fcc.net reserves the right to charge you a five dollar ($5.00) reactivating charge.
Customers who wish to receive a paper invoice will be assessed a processing fee of $3.00 per billing cycle. fcc reserves the right to terminate or discontinue service at any time.
You may have your credit card billed automatically
for your monthly FCC.net fees and charges. By
selecting this billing option and providing FCC.net
with your credit card information, you authorize
FCC.net to charge your credit card for charges
incurred on your FCC.net account. Your continued use
of FCC.net's Internet services re-affirms your
authorization of FCC.net to bill your credit card. If
you choose to have FCC.net automatically bill your
credit card for your balance each month, FCC.net will
rely on your prompt payment of any minimum balance due
on such credit card. The fact that your credit
card has expired does not relieve you of your obligation
to pay for Internet service. As a courtesy, FCC.net
will not automatically discontinue service to you in the
event your card expires. Rather, if you have
agreed to have your credit card billed automatically we
will continue to bill your card unless and until we
receive proper notice of cancellation from you, as set
forth below. Your acceptance of these conditions and
your continued use of the service constitutes your
authorization for FCC.net to update your expiration
date information.
You agree to notify FCC.net of any billing
problems or discrepancies regarding your FCC.net
account within ninety (90) days after the date of the
account statement on which they first appear. If you do
not notify FCC.net of a problem or discrepancy in your
account within the requisite ninety-day period, you
hereby waive any right to dispute such problem or
discrepancy.
If you have a dispute with your credit card charges
please contact the Billing Department at 866-307-2323.
This service and call are free. If you dispute credit
card charges by FCC.net and the dispute is resolved in
favor of FCC.net, all credit card dispute fees ($25.00
per transaction) imposed on FCC.net by
Visa/MasterCard, Discover and/or American Express will
be passed on to you via a direct charge to your credit
card account.
ANY TELEPHONE CHARGES INCURRED CONNECTING TO
FCC.net ARE YOUR RESPONSIBILITY, INCLUDING ANY
TELEPHONE CHARGES THAT YOU MIGHT INCUR DURING A FREE
TRIAL PERIOD. IF YOU HAVE ANY QUESTIONS ABOUT WHETHER OR
NOT TOLL OR LONG DISTANCE CHARGES APPLY, YOU SHOULD
CONTACT YOUR LOCAL PHONE COMPANY OR LONG DISTANCE
CARRIER DIRECTLY. FOR MORE INFORMATION REGARDING YOUR
LOCAL DIAL UP CONNECTION,
GO TO:
http://www.fcc.net/My_FCC.net/Local_Access_Numbers/local_access
_numbers.html
WARNING: WE DO NOT WARRANT OR PROMISE THAT ANY OF
THE ABOVE NUMBERS ARE LOCAL TO YOU. IN PARTICULAR,
WE URGE YOU TO NOTE THAT EVEN AN ACCESS NUMBER THAT
SHARES YOUR AREA CODE OR APPEARS TO BE LOCATED IN
YOUR GENERAL GEOGRAPHIC REGION MAY NOT NECESSARILY
BE A LOCAL NUMBER TO YOU. SUBSTANTIAL TOLL CHARGES
MAY APPLY TO NUMBERS THAT YOU DO NOT VERIFY AS LOCAL
TO YOUR INDIVIDUAL AREA OR CALLING PLAN. YOUR LOCAL
TELEPHONE COMPANY CAN TELL YOU WHETHER ANY OF THE
ABOVE TELEPHONE NUMBERS ARE IN FACT LOCAL TO YOU. WE
URGE YOU TO CHECK WITH YOUR LOCAL TELEPHONE COMPANY
BEFORE SELECTING A NUMBER FROM ABOVE.
III. ACCESS TO CONTENT
All services that FCC.net provides to you may
only be used for lawful purposes. Text, software,
communications, images, sounds, information, data,
or material ("Content") may not be transferred or
stored in violation of any United States Federal or
state statute, regulation or law. This includes, but
is not limited to, material protected by copyright,
trade secret, or any other statutes, laws or
regulations, as well as threatening or obscene
material. You agree to indemnify and hold harmless
FCC.net from any and all claims resulting from
your, or any authorized user's, use of FCC.net's
Internet service which results in damages either to
you or to any third party or parties. FCC.net will
not be responsible for any damage you might suffer
from the use of FCC.net's Internet service. This
includes, but is not limited to, the loss of data
resulting from delays, non deliveries, mis-deliveries
or service interruptions caused by its own
negligence or your errors or omissions.
FCC.net exercises no control whatsoever over the
Content passing through FCC.net. Use of any
Content obtained by FCC.net's Internet services is
at your own risk. FCC.net does not pre-screen
Content available on its Internet service and
specifically denies any responsibility for the
accuracy or quality of information obtained through
it. FCC.net reserves the right to remove Content
that, in FCC.net's sole discretion, does not
comply with these Terms of Service, but FCC.net
specifically disclaims any responsibility for any
failure or delay in removing such material.
You understand that much of the Content available on
FCC.net's Internet service is not owned by
FCC.net, but is likely owned by someone else. This
information might be protected by copyrights,
trademarks, etc. You must be authorized to upload,
download, copy, transmit, modify, distribute, show
in public or create any derivative work from any
Content that you access on-line. Failure to obtain
proper authorization before doing any of the above
actions could lead to termination of your FCC.net
account and possible legal action - civil or
criminal - by FCC.net, the government or the
Content owners. In the event that any legal action
is brought against you due to your improper use of
Content, you agree to hold harmless FCC.net, its
subsidiaries, affiliates related companies,
officers, directors, employees and agents. For
information regarding making a claim for Copyright
infringement, see our Copyright Policy located at www.FCC.net.net.
Further, you understand that your FCC.net Internet
service might link you to other sites. Such links
are not endorsements of any products or services in
such sites, and no information in such site has been
endorsed or approved by FCC.net.
You also understand that some of the areas of
FCC.net's Internet service are "public" areas in
that other Users will have access to your posted
material and might copy, modify, upload, download or
distribute it. You hereby represent that any
material that you submit or post on-line is either
owned by you or you are authorized to distribute it.
Once you post or submit material, you expressly
grant FCC.net the complete right to use,
reproduce, modify, distribute, etc. the Content
anywhere in any form.
The use of FCC.net to transmit certain kinds of
information (including, without limitation, computer
software and other technical data) may violate
export control laws. You hereby agree (i) to abide
by all United States and other applicable export
control laws; (ii) not to transfer by electronic
transmission or otherwise, any Content subject to
restrictions under such laws to a national
destination prohibited under such laws (unless
government authorization is obtained and complied
with), and (iii) not to upload any data or software
that can not be exported without government
authorization.
Access to any other web site or service through your
FCC.net Internet service must comply with the
rules governing such web site or service. Use of
FCC.net's Internet service in itself may be for
any lawful purpose, and use for commercial purposes
is permitted.
IV. ON-LINE CONDUCT
Your FCC.net Internet service allows you to
establish a presence on the Internet-to browse the
World Wide Web, send emails, create web pages, keep
up to date on current news and information, and
more. In order to continue to fully enjoy the
privileges of being a FCC.net User, you must
follow the guidelines set forth in the FCC.net
Acceptable Use Policies. According to the terms of
such agreement, you agree that, among other things,
you will not send unsolicited bulk e-mail or to
cause unsolicited bulk e-mail to be sent by someone
else, flood (spam) Usenet, begin or perpetuate chain
letters, "get rich quick" schemes, attempt to
manipulate web search engine indexers by "spamdexing",
or use FCC.net to distribute and/or store illegal
copies of software. You also agree not to use
FCC.net’s Internet service to spread viruses.
FCC.net reserves the right, in its discretion, to
terminate your service if you violate our Acceptable
Use Policy.
V.EMAIL AND VIRUSES
You are responsible for backing up and storing
email received via FCC.net’s Internet service.
FCC.net is NOT RESPONSIBLE for lost email.
Certain maintenance and service upgrade activities
involve the deletion of old email residing on
FCC.net’s servers. As a courtesy, FCC.net
generally provides advance notice of any service
upgrades or scheduled maintenance.
FCC.net is NOT RESPONSIBLE for any damage to your
computer or system caused by viruses. FCC.net does
not control the content of data sent via its
Internet service. You are responsible for
taking proper precautions against viruses, such as
the installation of anti-virus software.
VI. TERMINATION
Either you or fcc may terminate your account at
any time. You understand that your only remedy in
any dispute that you might have with fcc is the
termination of your account. You can terminate your
membership at any time by delivering written notice
to fcc via U.S. Mail to:
fcc
P.O. Box 24651
Denver, CO
80224
Attention: Billing Department
To cancel your service, you can call out customer service department at 866-307-2323, between the hours of 9:00 am and 7:00 PM CST (Central Standard Time) Monday – Friday. We also accept cancellations via email at (fccbilling@fcc.net) or via fax at 303-923-2565. Cancellations are only processed Monday – Friday. Customers who are set up on credit card or ACH billing will automatically bill on the anniversary date. To avoid additional monthly service charges, customers who wish to terminate their service must do so two business days (minimum), Monday – Friday, prior to the anniversary date. All pre-paid non-monthly accounts will be subject to a $20 early termination fee is cancelled after the billing period begins.
Our cancellation policy is as follows:
a. Month to Month customers - Customers who pay for
their service on a month to month basis may cancel
their account at any time by providing notice as set
forth above. Cancellation will become effective on
the customer's monthly anniversary date.
b. Pre-paid Customers - Customers who pay for their
service in advance (i.e., quarterly, semi-annual or
annual accounts) may cancel their account at any
time by providing notice as set forth above.
Cancellation will become effective on the last day
of the calendar month during which notice was
received. FCC.net will refund you for any unused
months only after it recoups any discount you
received off our standard $19.95 monthly rate and a
$20.00 early termination fee. For example: you sign
up for a one year account on January 1, at the
discounted rate of $17.95 per month. You cancel your
account on August 17. FCC.net will refund you
$35.80, which represents four unused months.
Yearly Plan at $17.95/month = $215.40
Cancelled August 17
Four (4) unused months (Sept- Dec)
Refund is
$215.40(12*$17.95) - $159.60 (8*$19.95) - $20.00 ETF
= $35.80
c. If you have a dispute with your credit card
charges please contact the Billing Department at
866-307-2323. This service and call are free. If you
dispute credit card charges by FCC.net and the
dispute is resolved in favor of FCC.net, all
credit card dispute fees ($25.00 per transaction)
imposed on FCC.net by Visa/MasterCard, Discover
and/or American Express will be passed on to you via
a direct charge to your credit card account.
ANY TELEPHONE CHARGES INCURRED CONNECTING TO
FCC.net ARE YOUR RESPONSIBILITY, INCLUDING ANY
TELEPHONE CHARGES THAT YOU MIGHT INCUR DURING A FREE
TRIAL PERIOD. IF YOU HAVE ANY QUESTIONS ABOUT
WHETHER OR NOT TOLL OR LONG DISTANCE CHARGES APPLY,
YOU SHOULD CONTACT YOUR LOCAL PHONE COMPANY OR LONG
DISTANCE CARRIER DIRECTLY. FOR MORE INFORMATION
REGARDING YOUR LOCAL DIAL UP CONNECTION,
GO TO:
http://www.fcc.net/My_FCC.net/Local_Access_Numbers/local_access
_numbers.html
VII.MISCELLANEOUS PROVISIONS
If any of these Terms of Service are held to be
void, invalid, or inoperative, the remaining Terms
of Service shall remain in full force and effect.
You agree to defend, indemnify and hold harmless
FCC.net and its affiliates, subsidiaries,
employees, contractors, officers, directors,
telecommunications providers and content providers
form all liabilities, claims and expenses, including
attorney's fees, that arise from the breach of these
Terms of Service for which you are responsible or
from the use of FCC.net or its Internet service,
or in connection with your transmission of any
Content on FCC.net. FCC.net reserves the right,
at its own expense, to assume the exclusive defense
and control any of the matter otherwise subject to
indemnification by any User. In that event, the User
shall have no further obligation to provide
indemnification for FCC.net in that matter.
By clicking "Accept and Sign Up" after reading these
Terms of Service, you are attesting that you have
read and understand the provisions set forth herein
and you agree to accept the rights and obligations
hereof.
Acceptable
Use Policy
FCC.net has a Web site owned and operated by FCC.net. By
using FCC.net’s website, you agree to the use policy and
agreement outlined herein. Agreement between FCC.net
Communications and users of FCC.net.net : By using
FCC.net’s website, you agree to the terms and conditions
outlined in this agreement. Your use of FCC.net’s
website will confirm your acceptance to this agreement.
Acceptable Terms of Use:
1. FCC.net may, from time to time, change the terms and
conditions of this Agreement without prior notice. If
you use this Site after FCC.net implements a change,
your use of the Site constitutes your consent to follow
and be bound by this agreement as modified.
2. FCC.net is provided "as is." FCC.net makes NO
WARRANTIES of ANY KIND, either express, implied, or
statutory concerning the data or information available
through FCC.net's network, FCC.net.net or FCC.net's
other services to the extent permissible by law
(including, but not limited to, any implied warranties
of merchantability or fitness for a particular purpose).
3. FCC.net.net links to Web sites operated by parties
other than FCC.net. These links are posted to offer
users additional services. FCC.net is not responsible
for any content or policies on any site operated by a
third party. Although FCC.net posts links to third
parties, these links are not considered an endorsement
of the material on such Web sites or any association
with their operators or policies.
4. You may only use FCC.net.net for legal purposes.
FCC.net reserves the right to terminate the account of
any user that doesn't conform with certain generally
accepted guidelines on Internet usage, such as
restrictions on mass emailings and mass advertising, or
posting inappropriately to newsgroups, which would be
likely cause for the termination for any FCC.net
account.
5. The following is strictly prohibited on FCC.net.net:
The posting, publishing, mailing, or otherwise
electronically distributing defamatory, obscene, or
other unlawful material or information. The posting,
publishing, mailing, or otherwise electronically
distributing copyrighted or trademarked material without
the EXPRESS written permission from the holder of those
intellectual property rights. The advertising,
transmitting, or otherwise making available any
software, program, product or service that is designed
to violate this Acceptable Use Policy, which includes
the facilitation of the means to spam, initiation of
pinging, flooding, mailbombing, denial of service
attacks and piracy of software.
6. No right, title or interest in any downloadable
materials or software is transferred to you as a result
of any downloading or copying. You may not reproduce,
publish, transmit, distribute, display, modify, create,
derive works from, sell or participate in any sale of,
or exploit in any way, in whole or in part, any of the
contents of FCC.net.net without the EXPRESS written
permission of FCC.net.
7. This agreement is governed by the laws of the State
of New York, without regard to its choice of law
provisions. Use of FCC.net’s website is unauthorized in
any jurisdiction that does not give effect to all
provisions of these terms of use, including, without
limitation, this paragraph.
8. You agree that no joint venture, partnership,
employment, independent contractor, or agency
relationship exists between user and FCC.net solely as a
result of this agreement.
9. The policies referenced on FCC.net’s website,
including FCC.net's Privacy Statement and FCC.net's
Copyright Policy are incorporated by reference into the
terms of this agreement.
10. The user agrees to maintain his/her password as
private and confidential information, and not to attempt
to gain unauthorized access to any systems or networks.
Users agree that each FCC.net account may only have one
active connection to FCC.net at a time.
11. Should you need to contact FCC.net for questions
relating to the website, please send an email to
Webmaster@fcc.net. Please also report any alleged
violations to legal@fcc.net.
12. Users agree to defend, indemnify, and hold FCC.net
harmless for any and all liabilities, costs, and
expenses, including reasonable attorney's fees, related
to any violation of this agreement by the user or
authorized users of the customer's account, or in
connection with the use of our website’s services, or
the placement or transmission of any message,
information, software, or other materials on the
Internet by the user or authorized users of the FCC.net
account.
13. FCC.net reserves the right to refuse to post or to
remove any information or materials, in whole or in
part, that in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement.
If you have a FCC.net Account the following terms of use
also apply:
a . You will maintain your password as private and
confidential information
b. You may not use more than one modem at a time
c . You may not have your account in use by more than
one person at a time
d. You may not attempt to gain unauthorized access to or
tamper with any part of the FCC.net network, attempt to
gain unauthorized access to or tamper with any other
network, attempt to gain unauthorized access into other
users' accounts, either on the FCC.net network or on
other networks
e. You may not harass users, either via email, phone,
talking, mailing, or by any other means via the Internet
f. You may not consume excessive system resources, such
as disk space, RAM, or processor time
g . You may not run ANY type of bot. (See the "bots"
help file for an explanation)
h. You may not flood (SPAM) Usenet, or send unsolicited
bulk email, or begin/perpetuate chain letters, get rich
quick schemes, etc. (see the "spam" help file for an
explanation. You understand and agree that you will be
subject to a "clean-up" fee if up to $250.00 if you
violate the provisions of this paragraph.
i. You may not use the FCC.net network to distribute
and/or store illegal copies of commercial software.
DISCLAIMERS
1.FCC.net shall have NO LIABILITY, to the extent
permissible by law, for the services, data, or
information made available to users, including any
liability for any consequential, indirect, special or
incidental damages regardless of the success or
effectiveness of other remedies.
2. IN NO EVENT SHALL FCC.net AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR THE
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF FCC.net.net
WITH THE DELAY OR INABILITY TO USE FCC.net.net, THE
PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF FCC.net OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. Because some
states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If
you are dissatisfied with any portion of this Site, or
with any of these terms of use, your sole and exclusive
remedy is to discontinue using this site and to notify
legal@fcc.net.
COPYRIGHT OF CONTENTS PROVIDED ON FCC.net.net
All content of FCC.net’s website are: Copyright ©
1995-2002 FCC.net and/or its suppliers. FCC.net
Communications, One Blue Hill Plaza, 7th Floor, Pearl
River, New York 10965. Please see FCC.net's Copyright
Policy incorporated by reference into this agreement.
FCC.net.net, FCC.net, WOWFactor, ConnectExpress, and
other names of FCC.net products and or/services
referenced upon the Site are trademarks or registered
trademarks of FCC.net. Other product and company names
mentioned herein may be the trademarks of their
respective owners.
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