| Multi-Tech
Computer Experts- Terms and Conditions for Dial-up and or Hosting Services PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING A DIALUP ACCOUNT WITH Multi-Tech
Computer Experts. PLEASE ALSO FAMILIARIZE YOURSELF WITH MULTI-TECH's ACCEPTABLE USE
GUIDELINES.
These Terms and Conditions, in
conjunction with the Acceptable Use Guidelines, represent the complete Agreement and
understanding between MULTI-TECH Computer Experts ("MULTI-TECH"),
and you, the MULTI-TECH account holder, and supersede any other written or oral agreement
pertaining to your services, other than applicable software license agreements. By using
MULTI-TECH hosting servers and services, or MULTI-TECH software, or both, you agree to be
bound by and to comply with this agreement, just as if you had signed it. Violation of any
provision of this agreement is grounds for immediate termination of your MULTI-TECH
account.
IF YOU DO NOT
AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF
MULTI-TECH SERVICES AND MULTI-TECH SOFTWARE AND NOTIFY THE MULTI-TECH CUSTOMER SERVICE
DEPARTMENT SO THAT MULTI-TECH MAY INITIATE A CLOSURE OF YOUR ACCOUNT.
Specific questions
about this Agreement should be directed to: admin@multi-techcx.com
Upon notice published
on-line via MULTI-TECH services, MULTI-TECH may modify the Terms and Conditions or the
Acceptable Use Guidelines, amplify them, and/or modify the prices of its services, as well
as discontinue or change the services offered. Your continued use of MULTI-TECH's services
following such notification will be deemed acceptance of the modification.
1.0 Provision of Services
This Agreement defines the terms and
conditions of service for all types of dial-up accounts offered by MULTI-TECH, both
personal and business, and the services available through those accounts. MULTI-TECH
services are defined as the use of computing, telecommunications, software, and
information services provided by MULTI-TECH. These services also include the provision of
access to computing, telecommunications, software, and information services provided by
others via the global Internet. Types of dial-up accounts available through MULTI-TECH
include but may not be limited to UNIX shell accounts, ISDN accounts, and compressed PPP
accounts.
1.02
MULTI-TECH will provide services on
its computing systems to you in exchange for recurring payment of subscription fees and
full compliance with this Agreement.
1.03
MULTI-TECH services include access to
many areas of the Internet, including Web sites, Usenet discussion groups, Personal Pages,
and IRC channels. Some of these areas contain discussion, materials, and pictures intended
for adult audiences. MULTI-TECH accountholders must be at least eighteen (18) years of
age. If you are a minor's parent or legal guardian, you may authorize the minor's use of
your account, but you must assume all liabilities resulting from the minor's use of
MULTI-TECH services.
From time to time MULTI-TECH may offer
rating systems and filtering software or procedures to help you to screen out language or
images that you do not wish to receive through your MULTI-TECH services. Because a rating
system may depend on the content provider's evaluation and self-rating, there is no
guarantee that all adult or other information that you wish to screen-out, will in fact,
be screened.
1.04
MULTI-TECH reserves the right
to discontinue any and all services to you at any time, without prior notice or liability,
for any conduct which MULTI-TECH, in its sole discretion, believes violates these Terms
and Conditions or MULTI-TECH's Acceptable Use Guidelines, or is otherwise harmful to
MULTI-TECH's interests or the interests of other accountholders.
1.05
You may only use MULTI-TECH's services
for lawful purposes, in compliance with all applicable laws including copyright and
trademark law. Unlawful activities include storing, distributing or transmitting any
unlawful material through MULTI-TECH services, attempting to compromise the security of
any Internet account or site, or making direct threats of physical harm.
1.06
To comply with applicable laws and
lawful government requests, to operate its systems properly, or to protect itself or its
accountholders MULTI-TECH reserves the right to access and disclose any information. This
may include disclosing the usernames of accounts and other information. MULTI-TECH will
fully cooperate with law enforcement authorities in investigating suspected lawbreakers,
and reserves the right to report to law enforcement any suspected illegal activity it
becomes aware of.
1.07
When MULTI-TECH becomes aware of
possible violations of this Agreement, MULTI-TECH may, in its sole discretion, choose to
initiate an investigation. This investigation may include gathering information from
accountholders and examining material on MULTI-TECH's servers. During investigations,
MULTI-TECH may suspend accounts involved in a violation and/or remove the material
involved from its servers. If MULTI-TECH believes, in its sole discretion, that a
violation of this Agreement has occurred, it may temporarily or permanently remove
material from MULTI-TECH servers, cancel newsgroup posts, warn the accountholder(s)
involved, suspend or terminate the account(s) responsible, and take other responsive
action. MULTI-TECH, in its sole discretion, will determine what action will be taken in
response to a violation on a case-by-case basis. Violations of this Agreement could also
subject you to criminal or civil liability.
1.08
You are responsible for obtaining and
maintaining any communications equipment necessary to connect to MULTI-TECH services,
including modems, computer hardware and software, and long distance or local telephone
service. You are responsible for ensuring that such equipment or service is compatible
with MULTI-TECH's requirements.
In addition, you are responsible for
maintaining the security of your account, password, files, and any information you
disseminate through MULTI-TECH services or other Internet services, and for all use of
your account with or without your knowledge or consent.
1.09
Any use of MULTI-TECH software or
third-party software distributed by MULTI-TECH is governed by the End-user License
Agreement that accompanies such software. Use of such software indicates your acceptance
of the terms therein.
2.0 Payment of Fees
2.01
A list of current monthly and set-up
fees for MULTI-TECH services can be found on the Web at http://www.multi-techcx.com/fees.htm
MULTI-TECH will publish an online notice of fee increases at least 30 days before such
increases take effect. All users get a e-mail notice.
2.02
MULTI-TECH will begin providing
service to you after it receives a valid credit card number and all other information
needed to process payments for your MULTI-TECH account through your credit card account
and initial payment for the first 30 days of service. Annual pre-paid
hosting accounts receive a 10% discount at time of order.
2.03
You agree to provide MULTI-TECH with
accurate and complete billing information, including your legal name, address, and
telephone number, and to update this information within 30 days of any change to it.
Payment for a MULTI-TECH account or service by fraudulent means will result in immediate
and permanent termination of the account, and possible criminal penalties.
2.04
Your MULTI-TECH account will be
considered delinquent if your credit card company refuses for any reason to pay the amount
billed to it and that amount remains unpaid at the beginning of the next accounting cycle.
Accounts that are delinquent by more than one accounting cycle may be suspended, archived,
or purged from the system. Suspended accounts continue to accrue charges until reinstated
or canceled, even if the account is not used by the accountholder. You acknowledge
responsibility for any account you have opened until payment in full is made.
2.05
MULTI-TECH reserves the right to
charge a service reconnection fee to reinstate suspended accounts.
2.06
There is a $15.00 service charge for
each returned check.
2.07
If you believe MULTI-TECH has billed
you incorrectly, you must contact MULTI-TECH no later than 60 days after the closing date
on the first billing statement in which the error or problem appeared, in order to receive
an adjustment or credit. Inquiries should be directed to MULTI-TECH's Customer Service
department, and should include all available information about the suspected error.
call our internet support department at 1-888-808-7472 or
810-776-9664
2.08
When your credit card expires,
MULTI-TECH, in its discretion, may either assume that your card has been renewed for one
year, or require that you furnish updated credit card information, including the new
expiration date and any other information needed to process your account payments. If
MULTI-TECH is unable to obtain payment from your credit card bank because you have not
renewed your card, because your credit card information has become outdated, or because
you have not provided new information to MULTI-TECH when requested, MULTI-TECH may
consider your account to be delinquent by more than one accounting cycle and suspend,
archive or purge your account as provided in section 2.04.
3.0 Cancellation of Accounts
3.01
To cancel your account, you must
contact MULTI-TECH's Customer Service department via E-mail, fax, postal mail or phone.
Cancellation requests must include the account's login name, and your name, address and
phone number and other identifying information as they appear in MULTI-TECH's billing
records. If the information provided to MULTI-TECH for an account does not match the
account's records, cancellation may be delayed or prevented. contact
#s here
3.02
All cancellation requests must be
received by 5:00 PM EST time on the 25th of the current month in order to be processed
before the beginning of the next accounting cycle. Cancellation requests directed to other
MULTI-TECH departments may not be received by the Customer Service Department by the 25th.
3.03
All MULTI-TECH accounts must be paid
in full before a cancellation will be considered complete. Service charges will extend to
the end of the month in which the account is canceled.
3.04
If an MULTI-TECH account is canceled,
suspended or terminated, MULTI-TECH may maintain the account for 30 days. You may contact
MULTI-TECH within that time to inquire about reopening a suspended account, or forwarding
mail or files to another address. MULTI-TECH reserves the right to refuse to forward the
mail and/or files of any account terminated for violation of any provision of the Terms
and Conditions or MULTI-TECH's Acceptable Use Guidelines. If you do not contact MULTI-TECH
within 30 days, your account and associated files will be deleted from MULTI-TECH's
servers, and MULTI-TECH will not be able to reopen it or restore files. MULTI-TECH is not
responsible for maintaining material that it deletes from its servers as a result of a
determination that the material violates any provision of Terms and Conditions, or
MULTI-TECH's Acceptable Use Guidelines.
4.0 As Is; Services; Limitation of
Liability; Indemnification.
As Is; Services. You acknowledge that
MULTI-TECH services are provided as is. MULTI-TECH, its employees, agents, suppliers,
vendors and distributors make no warranty of any kind, either expressed or implied,
regarding the quality, accuracy, or validity of the data and/or information available on
its systems, or residing on or passing through its interconnecting networks, or that
MULTI-TECH services will be uninterrupted or error free. MULTI-TECH expressly excludes any
implied warranty of merchantability or fitness for a particular purpose to the fullest
extent possible by law.
4.02
Limitation of Liability. Neither party
shall be liable to the other for any loss, damage, liability, claim or expense arising out
of or in relation to this Agreement or your use of or inability to use MULTI-TECH
services, other than for payment of fees due under Section 3 and for indemnification under
section 4.03, however caused, whether grounded in contract, tort (including negligence) or
theory of strict liability. Use of information obtained from or through MULTI-TECH is at
your own risk. Under no circumstances will MULTI-TECH be liable to you or any other person
for any loss or damage caused by reliance on data or information available from or on
MULTI-TECH's services and systems.
You agree to waive and hold MULTI-TECH
harmless from any claims relating to any action taken by MULTI-TECH as part of its
investigation of a suspected violation of this Agreement or as a result of its conclusion
that a violation of this Agreement has occurred. This means that you cannot sue or recover
any damages whatsoever from MULTI-TECH as a result of MULTI-TECH's decision to remove
material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your
account, or take any other action during the investigation of a suspected violation or as
a result of MULTI-TECH's conclusion that a violation has occurred. This waiver applies to
all violations described in the Terms and Conditions and in the Acceptable Use Guidelines.
IN NO
EVENT SHALL MULTI-TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE MULTI-TECH'S
SERVICES. MULTI-TECH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT MULTI-TECH'S
OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY
SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS.
In any case, MULTI-TECH's entire
liability under or arising out of this Agreement shall be limited to the amount you paid
for the service in the twelve (12) months prior to the act or injury that gave rise to the
liability. However, some jurisdictions may not allow a limitation on liability for
negligence that causes death or personal injury, and MULTI-TECH limits its liability in
such jurisdictions only to the degree allowed by the applicable laws.
4.02A
Spamming. You agree not to use your
MULTI-TECH account for purposes of spamming (sending out unsolicated email). You further
agree that in the event you have been found spamming on the MULTI-TECH network that you
will agree to and be charged $5.00 for each email that has been sent out as a result of
your spamming activity. Said $5.00 per email will be credited to MULTI-TECH Internet
Services, Inc. as compensation for having violated the MULTI-TECH Terms of Service
Agreement. In addition, at MULTI-TECH's sole descretion, the dial-up customer's dial-up
account will be terminated with no refunds.
4.03
Indemnification. You agree to defend,
indemnify and hold MULTI-TECH harmless from any claims, losses and damages, including
attorney's fees, resulting from your violation of any of the provisions of this Agreement
or your placement or transmission of any materials or content onto MULTI-TECH's servers,
or from any and all use of your account, with or without your knowledge or consent.
5.0 Miscellaneous
5.01
This Agreement will be governed by and
construed in accordance with the laws of the State of Michigan, excluding its conflict of
laws principles, and the parties' consent to exclusive personal jurisdiction of and venue
in a court of competent jurisdiction located in and serving Macomb County, Michigan
5.02
Section 4 and your obligation to pay
amounts due under this Agreement will survive termination of this Agreement.
5.03
If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to effect the original intentions of the parties, and the remainder of
this Agreement shall remain in full force and effect.
I have
read the terms and conditions as outlined above and Agree with all items. |
