| THE Amazin ISP Internet Service
TERMS OF USE ('TOU') AGREEMENT
The Amazin ISP Internet Service Internet
email service ("Amazin ISP Internet
Service Internet Mail") is operated
by one or more third-party service providers.
This Terms of Use agreement ("TOU")
sets forth the terms, conditions and guidelines
for use of the Amazin ISP Internet Service
Internet and Amazin ISP Internet Service
Internet Mail (collectively, the Service)
and constitutes a legally binding contract
between you, on the one hand, and Amazin
ISP and its suppliers and providers. Please
read this TOU carefully before activating
or using an account with the Service.
WE PROVIDE THE SERVICES, AS THEY MAY
EXIST FROM TIME TO TIME, TO USERS WHO
PAY A SERVICE FEE TO SUBSCRIBE TO THE
SERVICES. BY ESTABLISHING AN ACCOUNT OR
USING THE SERVICES, YOU AGREE TO BE BOUND
BY THIS AGREEMENT AND TO USE THE SERVICES
IN COMPLIANCE WITH THIS AGREEMENT, OUR
SOFTWARE LICENSE AGREEMENT AND PRIVACY
POLICY. BY REGISTERING FOR OR CONTINUING
TO USE THE SERVICE, YOU ACKNOWLEDGE THAT
YOU HAVE READ THE AGREEMENTS, UNDERSTAND
THEM AND AGREE TO BE BOUND BY THEIR TERMS,
CONDITIONS AND GUIDELINES. IF YOU DO NOT
AGREE TO ANY OF THE TERMS, CONDITIONS
OR GUIDELINES IN THE AGREEMENTS, INCLUDING
ANY FUTURE REVISIONS, YOUR SOLE REMEDY
IS TO TERMINATE YOUR USE OF THE SERVICE
UNDER SECTION TERMINATION.
By accepting this TOU, you agree that
your use of all software provided to you
in connection with the Service is governed
by our Software License Agreement. By
accepting this TOU, you also agree to
the terms of the ISP Privacy Policy. You
agree that our sole obligations with respect
to user data and privacy are set forth
in the ISP Privacy Policy.
Please note that we may change any of
these Agreements at any time. In the event
that we make material changes to this
TOU or the Service, we will provide you
with notice thirty (30) days in advance.
Use of the Services after such changes
have taken effect constitutes acceptance
of all changes.
Please also note that at any time, if
we determine in our sole discretion that
you have abused or violated the letter
or intent of any of these terms, conditions
or guidelines, we reserve the right to
terminate your account immediately without
notice.
You must be 18 years of age and a legal
resident of the United States in order
to register for or hold an account with
the Service. If you are under 18 years
of age, you may still have access to the
Service, but only if your parent or guardian
establishes an account with the Service
and gives you permission to use the Service
through such account. Local access dial-up
numbers may not be available in all areas.
You are solely responsible for determining
if use of a particular dial-up number
will cause you to incur long-distance,
toll, or other charges. We are not responsible
for any long-distance, toll, or other
telecommunications charges you incur.
Depending on your particular location,
the access number you use may not be a
local phone call (even though it may be
in the same area code or city as your
phone number). We advise you to check
with your local phone company to verify
whether any access number you are using
or intend to use requires a local call
and whether any communication charges
may apply. We may change our local access
dial-up numbers at any time. We reserve
the right to advise or direct you to use
certain numbers to access the Service
or to restrict use of specific access
numbers.
WARNING: THE USE OF SOME TELEPHONE ACCESS
NUMBERS MAY RESULT IN LONG DISTANCE CHARGES.
IN SELECTING YOUR ACCESS NUMBER(S), PLEASE
NOTE THAT ALTHOUGH AN ACCESS NUMBER MAY
BE IN YOUR AREA CODE OR LOCATED IN YOUR
GENERAL GEOGRAPHIC REGION, IT MAY NOT
NECESSARILY BE A LOCAL NUMBER FOR YOU.
YOU MAY INCUR SUBSTANTIAL TELEPHONE CHARGES
IF YOU CHOOSE ACCESS NUMBERS THAT ARE
NOT COVERED BY YOUR LOCAL CALLING PLAN.
WE URGE YOU TO CHECK WITH YOUR TELEPHONE
COMPANY TO FIND OUT WHICH NUMBERS ARE
LOCAL FOR YOU BEFORE USING A NUMBER FROM
THIS LIST.
Note: You are solely responsible for
all telephone charges related to accessing
our services. Amazin ISP Internet Service
Internet will not reimburse you for any
such charges, including long distance
or toll charges.
Simultaneous login access is forbidden.
Prices for Services are posted under links
at www.amazinisp.com or can be obtained
by calling 1-989-426-3121. We reserve
the right to change prices and institute
new fees at any time upon 30 days prior
notice.
BILLING AND PAYMENT
You must provide us accurate and complete
billing information for Service plans
in which we charge a fee. We will bill
you by charging your designated payment
method, such as billing on your local
phone bill, debit to your credit card
or electronic funds transfer from your
checking or savings account. If you elect
the phone bill payment service you agree
that you are the telephone account owner
and authorized to make changes to and/or
incur charges on the telephone account
in which you provide us. Further, you
understand that the telephone account
number your have given us is subject to
verification prior to activation of Services.
You are responsible for reporting to
us all changes to your billing information
within thirty (30) days of the changes.
If you fail to pay your bill for the Service,
if your designated credit or debit card
is denied or cancelled, telephone account
verification is denied or cancelled, if
your electronic funds transfer is denied,
or if collection is for any reason impeded,
we may discontinue or suspend your access
to the Service and close your account.
Amazin ISP requires a 60 day written notice
prior to end of service for ALL cancellations,
If you cancel your service without a 60
day written notice, you will be charged
for 2 months of service not to exceed
$39.90 Charges may continue to accrue
if we suspend or discontinue access until
the account is terminated by you. We are
not responsible for any charges or expenses
(e.g. for overdrawn accounts, exceeding
credit card limits, etc.) resulting from
charges billed by us. Your right to use
the Service is subject to any additional
requirements or limitations imposed by
your credit card issuer, bank or local
telephone carrier, and any applicable
rules and regulations. We reserve the
right to collect all applicable taxes
and other surcharges, as required by law.
In addition, some service plans or promotions
may require termination or cancellation
charges. You agree to pay all such charges
as applicable.
The fees for the Service cannot be prorated.
If you cancel your account with the Service
and have the month-to-month plan you will
not receive any refund or partial refund
of your monthly fee. If you have selected
the prepaid annual plan and are unsatisfied
you may change plans or cancel your account
with the Service and your prepayment for
all unused months will be credited to
you. To determine the refund, we will
calculate all used months at the standard
monthly fee and deduct from your initial
prepayment. If we terminate your access
to the Service for your violation of this
TOU you will not receive any refund or
partial refund of your monthly or annual
fees.
You are responsible for all fees related
to your account. We reserve the right
to collect all fees incurred by you prior
to the termination of your account. We
may bill an additional charge to reinstate
a suspended account. In addition, you
agree to reimburse us for all costs and
expenses, including attorney and collection
fees, incurred by us in our efforts to
collect any outstanding balance from you.
If you object to any charge or fee related
to your account, you must raise this objection
with us within 60 days of incurring such
charge, or you agree that you waive your
right to dispute such charge or fee.
We reserve the right to change our fees
and billing procedures at any time upon
thirty (30) days notice. Billing and payment
collection for the Amazin ISP Internet
Service may be operated by one or more
third-party service providers. Any questions
regarding billing procedures should be
directed to Amazin ISP Internet Service
Internet Customer Care at 1-426-3121.The
following provisions apply to free Service
plans as well as Service plans for which
we charge a fee:
In addition to the fees and charges you
incur through the Service, you agree that
you are responsible for all third-party
charges you incur while on the Internet.
SPECIAL OFFERS
Any special offers related to Service,
including an offer under which you earn
one or more months of service, are subject
to the particular terms and conditions
(including time limitations) of such offers.
USER RESPONSIBILITIES
You agree to provide us with accurate
and complete registration and billing
information, and agree to keep that information
updated at all times. Failure to do so
constitutes a material breach of this
TOU.
You will receive or have received an
account name and a password. You and members
of your household are the only authorized
users of your Amazin ISP Internet Service
account and must comply with this Agreement.
You assume all resulting liability from
use of the Service for such authorized
person(s). You must keep your password
confidential so that no one else may access
the Services through your account. You
must notify us immediately upon suspecting
or discovering any unauthorized use of
your account. Using a personal account
for high volume or commercial use is prohibited.
We retain ownership of your account name
and license it to you on a limited, nonexclusive
basis for the duration of your account
activation.
You are responsible for all activity
on your account, regardless of whether
you are using the account yourself or
permitting another person to do so. Therefore,
you should supervise any other person
whom you permit to use your account, especially
children. Unsolicited advertisements or
solicitations sent from other networks
that reference your account will be treated
as if they originated from your account,
unless we know, or have sufficient evidence
to believe, that the message originated
with some unrelated party.
PROMOTIONAL MESSAGES
We and/or third parties may, from time
to time, send email messages to you containing
advertisements and/or promotions. WE MAKE
NO REPRESENTATION OR WARRANTY WITH RESPECT
TO ANY SUCH EMAIL MESSAGES OR ANY GOODS
OR SERVICES THAT MAY BE OBTAINED FROM
SUCH THIRD PARTIES, AND YOU AGREE THAT
WE SHALL HAVE NO LIABILITY WITH RESPECT
THERETO.
CONTENT
We have no obligation to monitor the Services
and provide an unfiltered connection to
the Internet. We do not routinely review
data, documents, materials, or information
before they are transmitted through the
Service. We will have no liability--whether
arising under the laws of copyright, patent,
trade secret, defamation, privacy, obscenity,
or otherwise--related to the content of
any such communications.
You are solely responsible for all content
including, but not limited to, photographs,
illustrations, icons, articles, text,
audio clips, and video clips (collectively,
Content) that you post, email or otherwise
transmit via this Service. We do not control
Content accessed, viewed, posted, emailed
or otherwise transmitted or received via
the Service, and do not guarantee the
accuracy, integrity or quality of such
Content. You understand that by using
the Internet, you may be exposed to Content
that is offensive, indecent or a violation
of individuals' or proprietary rights.
You are solely responsible for using reasonable
efforts to screen unwanted material. Under
no circumstances will we be liable for
any Content accessed, viewed, posted,
emailed or otherwise transmitted or received
via the Service, regardless of where it
originated. In addition, you agree not
to rely on any Content created or posted
by us.
At our sole discretion, we may take any
action we deem necessary to minimize liability
for us, our affiliates, or our partners,
including (but not limited to) removing
any Content and/or immediate terminating
the Service to a user whose conduct fails
to conform with the letter or spirit of
these terms and conditions. If we determine
a need to monitor the Services, in our
sole discretion, believes that it is reasonable
to do so, including to: satisfy laws,
regulations, or governmental or legal
requests; operate the Services properly;
or to protect us and our users. Please
review our Privacy Policy. We reserve
the right to block any user's access to
any Content, Web site or Web page in our
sole discretion.
PROHIBITED USES
You agree to use this Service only for
lawful purposes and not to allow others
to use your account for any unlawful purpose.
Use of this Service for transmission,
distribution, retrieval, or storage of
any information, data, or other material
in violation of any applicable law, regulation,
ordinance, or other rule imposed by any
governmental authority is prohibited.
You also agree not to use the Service:
in violation of this TOU or other rules
and guidelines that we may promulgate
from time to time;
to use, transmit, or disseminate any materials
that infringe or violate any third-party's
copyright, trademark, trade secret, privacy,
patent, or other proprietary or property
right, or in a manner that could constitute
a criminal offense, give rise to civil
liability, or otherwise violate any applicable
law or regulation (including laws applicable
to exportation of encryption software);
to flood or disrupt any newsgroup, mailing
list, chatroom, or similar forum, including
without limitation, by excessive hitting
of the return key or scrolling faster
than others;
to post material to any newsgroup, mailing
list, chatroom, or similar forum that
is inappropriate or off-topic according
to the charter or other public statements
of the forum, or established conventions,
including without limitation, unsolicited
advertisements or large amounts of text
or images. You are responsible for determining
whether or not a newsgroup, mailing list,
chatroom, or similar forum permits the
type of message you intend to post;
to alter or forge any headers of email
messages or any other electronic transmission,
in part or whole, to conceal the email
address, prevent others from responding
to the message(s), or mislead or deceive
others as to the identity of the sender
of the message(s);
to pretend to be someone else;
to transmit or disseminate harassing,
libelous, abusive, threatening, obscene,
defamatory, embarrassing, distressing,
annoying, unlawful, tortious, harmful,
pornographic, vulgar, racially or ethnically
offensive, hateful, or otherwise objectionable
materials or materials that are invasive
of another's privacy;
in any way that harms or has the substantial
likelihood of harming any minor;
to transmit, disseminate, or upload viruses,
worms, any software intended to damage
or alter a computer system without the
owner's consent, or any other harmful,
disruptive, or destructive files or devices;
in any way that generates excessive network
traffic, adversely affects the ability
of others to use the Service, or otherwise
disrupts the normal use of the Service,
including without limitation, by running
excessive numbers of processes, attempting
to disrupt the connections of other users,
consuming excessive amounts of CPU time,
memory or disk space, running multiple
simultaneous logins, using auto-responders,
cancel-bots or other similar mechanisms,
or mail-bombing, news-bombing, or sending
excessive amounts of unsolicited e mail
(whether commercial or informational);
to transmit, disseminate, or relay advertising,
chain letters, pyramid schemes, SPAM,
junk mail, charity requests, petitions,
or any other type of unsolicited emailing
(whether commercial or informational)
to persons or entities that have not agreed
to be part of such mailings, or to harvest
or collect information about another user
for such purposes;
to view or intercept email or any other
electronic transmission not intended for
you;
to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purpose,
any portion of the Service, or offer use
of the Service or access to the Service;
to get, collect, or store password or
account information, or other private
information from another user without
consent;
to stalk or solicit another person against
that person's wishes;
for high-volume or commercial purposes;
or
to post or send any fraudulent or misleading
offers of products, items, or services.
USAGE AND INACTIVITY
Our accounts are for interactive use only,
and you are prohibited from having more
than one (1) simultaneous dial-up connection
from your account. Account connections
have idle timers that may terminate a
dial-up session. Use of the Service on
a standby or inactive basis in order to
maintain a connection is prohibited. This
includes, without limitation, taking any
action to defeat or bypass our idle timeout
or similar mechanism (including, without
limitation, any method of mimicking user
activity or testing). We reserve the right
to terminate an end user's online session
at any time.
In addition, we reserve the right to
limit the amount of consecutive time users
are connected to the Service, regardless
of the users' continued activity. Your
usage of the Service may be subject to
hour limitations, depending on the plan
you have selected. We have no obligation
to continue to provide service to you
once you have reached the hour limitation
applicable to you, if any. We may cause
upgraded Service-related software to be
automatically downloaded to your computer.
The connection time for such download
will count toward the hour limitation
applicable to you, if any.
We also reserve the right to impose limits
on your available email storage space.
If you exceed the maximum permitted storage
space, we may delete email messages from
the affected mailboxes, at our discretion.
We do not assume any responsibility for
the deletion of or failure to store email
messages.
SYSTEM AND NETWORK SECURITY
Violations or abuses of system or network
security of the Service are prohibited,
and may subject you to criminal and/or
civil liability. We will investigate potential
security violations, and may notify applicable
law enforcement agencies if violations
are suspected. You may not interfere or
attempt to interfere with the security
of the Service or the system resources
of the Service. You may not circumvent
or attempt to circumvent the authentication
procedures or security of the Service
or any host, network, network component,
or account to access data, accounts, or
systems that you are not expressly permitted
to access. You may not use or attempt
to use another person's or entity's account,
service, network, or system without authorization.
You may not interfere or attempt to interfere
with any other user, host, system, or
network on the Internet unless expressly
permitted to do so.
VIOLATION OF TOU
If we and/or our affiliates, partners,
or providers become aware of possible
violations of the letter or intent of
this TOU, we may, in our sole discretion,
initiate an investigation, suspend or
terminate the account, remove materials
from our servers, cancel newsgroup posts,
issue a warning, block any prohibited
activity, or take any other responsive
action. You agree to respond in a timely
manner to any complaints. We and our affiliates,
partners, or providers reserve the right
to assess a charge of $500.00 per complaint
received by us or our affiliates, partners,
or providers and to recover damages for
such complaints for any harm done to the
system or Service or for employee hours
devoted to responding to complaints. Nothing
contained in this TOU shall be construed
to limit the actions we and/or our affiliates,
partners, or providers may take or remedies
available to us and/or our affiliates,
partners, or providers in any way with
respect to any prohibited activity or
conduct.
Users who violate this TOU may additionally
incur criminal and/or civil liability.
We may refer violators to civil or criminal
authorities for prosecution, and will
cooperate fully with applicable government
authorities in connection with their investigations
of any suspected civil or criminal violations,
or any other wrongdoing.
Non-enforcement of any provision of this
TOU does not constitute consent or waiver,
and we reserve the right to enforce such
provision(s) in our sole discretion.
INDEMNITY
You agree to indemnify and hold us and
our subsidiaries, affiliates, partners,
telecommunications providers, service
providers, officers, employees and agents
harmless from any claim or demand, including
attorneys' fees, made by any third party
due to or arising out of the use of the
Service, any Content you post, email,
transmit, or relay to or through the Service,
your violation of the TOU, or your violation
of any third-party rights, including without
limitation, the infringement by you, or
any other user of your account, of any
intellectual property or other rights
of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS,
SERVICE PROVIDERS, OR OTHER THIRD PARTIES
AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, EXTRAORDINARY, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE, THE RESULTS
OF USE OF THE SERVICE, ANY STORAGE MEDIA
RELATED TO THE SERVICE, ANY SOFTWARE CONTAINED
ON SUCH STORAGE MEDIA (INCLUDING THIRD-PARTY
SOFTWARE), ANY WEB SITES LINKED TO THE
SERVICE, THE MATERIALS OR INFORMATION
CONTAINED AT ANY OR ALL SUCH SITES, OR
THE CONTENT ANYWHERE ON THE INTERNET,
WHETHER SUCH DAMAGES ARE BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT SUCH PARTY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. OUR
AGGREGATE LIABILITY AND THE AGGREGATE
LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE
PROVIDERS, OR THIRD-PARTY AFFILIATES,
ARISING FROM OR RELATING TO THIS TOU (REGARDLESS
OF THE FORM OF ACTION OR CLAIM, e.g.,
CONTRACT, WARRANTY, TORT, STRICT LIABILITY,
NEGLIGENCE, MALPRACTICE, FRAUD OR ANY
OTHER LEGAL THEORY) IS LIMITED TO ONE
DOLLAR ($1). APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL SOFTWARE (INCLUDING
THIRD-PARTY SOFTWARE) AND STORAGE MEDIA
ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND WITH
ALL FAULTS, AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU. NEITHER WE NOR
OUR PARTNERS, PROVIDERS, OR AFFILIATES
MAKE ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SERVICE, ITS CONTENTS,
ANY INFORMATION MADE AVAILABLE BY OR THROUGH
THE SERVICE, ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE, OR ANY
TRANSACTIONS ENTERED INTO BY USE OF OR
THROUGH THE SERVICE. WE AND OUR PARTNERS,
PROVIDERS, AND AFFILIATES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND QUIET ENJOYMENT. NEITHER WE NOR OUR
PARTNERS, PROVIDERS, OR AFFILIATES WARRANT
THAT USE OF THE SERVICE WILL MEET YOUR
REQUIREMENTS OR BE UNINTERRUPTED, AVAILABLE
AT ANY TIME OR FROM ANY LOCATION, SECURE
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVICE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. FURTHERMORE,
NEITHER WE NOR OUR PARTNERS, PROVIDERS,
OR AFFILIATES MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SERVICE OR AS TO THE ACCURACY,
SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY
OF ANY DATA OR INFORMATION OBTAINED THROUGH
THE SERVICE. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
THIRD-PARTY SOFTWARE
The storage media on which the Service
software is provided may contain proprietary
software of third parties in addition
to the Service software. Any such software
is provided to you by such third parties
and not by us or our partners, providers
or affiliates. The use of such software
is subject to the terms and conditions
of the user agreement for such software.
As further provided in the preceding sections
entitled "Limitation of Liability"
and "Disclaimer of Warranties,"
neither we nor our partners, providers
or affiliates bear any liability for damages
resulting from such third-party software
or make any warranty with regard to such
third-party software.
TERMINATION
Either you or we may terminate your account
at any time. This is your sole and exclusive
remedy with respect to any dissatisfaction
with the Service, the terms and conditions
set forth in the TOU, Software License
Agreement or ISP Privacy Policy (as may
be updated from time to time). You may
terminate your account by contacting Amazin
ISP Internet Service Internet Customer
Support by phone at 1-426-3121. Your account
termination will take effect within a
reasonable amount of time. We reserve
the right to restrict access to the Service
to any user, and may at any time in our
sole discretion with or without notice
and with or without cause immediately
deny access to the Service and may remove
all account information, personal web
pages, email boxes (including their contents),
and any other Content.
We reserve the right to modify or discontinue,
temporarily or permanently, the Service
(or any part thereof) at any time with
or without notice. You agree that we shall
not be liable to you or to any third party
for any modification or temporary suspension
of the Service. If you don't agree to
any modification to the Service, or to
any of the terms in this TOU, your only
remedy is to cancel your account and discontinue
your use of the Service. If we permanently
discontinue the entire Service for all
users, we will refund to you the unused
portion of your monthly fee, if any, and
such partial refund will constitute our
entire liability and your sole remedy
for our discontinuation of the Service.
GENERAL
The TOU shall be governed by and construed
in accordance with the laws of the state
of Michigan as it is applied to contracts
entered into by residents of the state
of Michigan. You also consent to the exclusive
jurisdiction of the state and federal
courts in Gladwin County, Michigan, and
to the exercise of personal jurisdiction
of the courts therein. If any provision(s)
of the TOU is found to be contrary to
law, then such provision(s) shall be construed,
as nearly as possible, to reflect the
intentions of the parties, with the other
provisions remaining in full force and
effect. Our failure to exercise or enforce
any right or provision of the TOU shall
not constitute a waiver of such right
or provision unless acknowledged and agreed
to by us in writing. You and we agree
that any cause of action arising out of
or related to this TOU or the Service
must commence within one (1) year after
the cause of action arose; otherwise,
such cause of action is permanently barred.
The section titles in this TOU are solely
used for the convenience of the parties
and have no legal or contractual significance.
These terms and conditions (including
the Software License Agreement and the
Amazin ISP Internet Service Privacy Policy,
each incorporated herein by reference)
constitute the entire agreement between
you and us with respect to the subject
matter herein and supersede any and all
prior or contemporaneous oral or written
agreements. You may not assign this agreement
to any other party.
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THE Amazin ISP Internet Service SOFTWARE
LICENSE AGREEMENT
Amazin ISP IS WILLING TO LICENSE THE
ISP SERVICE SOFTWARE AND DOCUMENTATION
(COLLECTIVELY, THE SOFTWARE) TO YOU ONLY
ON THE CONDITION THAT YOU ACCEPT AND ABIDE
BY ALL OF THE TERMS AND CONDITIONS IN
THIS AGREEMENT. YOUR CONTINUED USE OF
THE SOFTWARE WILL CONSTITUTE YOUR ACKNOWLEDGEMENT
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO
ANY OF THE TERMS OR CONDITIONS IN THIS
AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE
USE OF THE SOFTWARE.
LICENSE. You are permitted
to use the Software solely on one computer
at a time in machine-readable form, and
solely for your own personal use. You
may make a reasonable number of copies
of the Software solely for backup or archival
purposes, provided that you reproduce
all copyright and other proprietary notices
that are on the original copies of the
Software.
RESTRICTIONS. You may not use, copy, modify,
or transfer the Software, or any copy
thereof, in whole or in part, except as
expressly provided for in this Agreement.
You may not reverse engineer, disassemble,
decompile, or translate the Software,
or otherwise attempt to derive the source
code of the Software, except to the extent
allowed under any applicable law. Any
attempt to transfer the Software, or any
of the rights, duties or obligations hereunder
is void. You may not rent, lease, loan,
resell, or distribute the Software, in
whole or in part.
OWNERSHIP. The Software
is licensed, not sold, to you for use
only under the terms of this Agreement,
and Amazin ISP reserves all rights not
expressly granted to you. You own the
media, if any, on which the Software is
recorded, but Amazin ISP retains ownership
of all copies of the Software itself.
TERM. This Agreement
will terminate automatically if you materially
breach any term or condition of this Agreement.
You agree upon termination to promptly
destroy the Software and all copies.
WARRANTY DISCLAIMER.
THE SOFTWARE IS PROVIDED TO YOU ON AN
"AS IS" BASIS. Amazin ISP AND
ITS AFFILIATES, PARTNERS AND SUPPLIERS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY Amazin ISP OR ITS EMPLOYEES,
PARTNERS, DISTRIBUTORS, DEALERS, OR AGENTS
SHALL INCREASE THE SCOPE OF THE ABOVE
WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATION OF REMEDIES. REGARDLESS OF
WHETHER ANY REMEDY SET FORTH HEREIN FAILS
OF ITS ESSENTIAL PURPOSE OR OTHERWISE,
IN NO EVENT WILL Amazin ISP OR ITS AFFILIATES,
PARTNERS OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, INTERRUPTION OF BUSINESS, OR
OTHER SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE OR ANY DATA SUPPLIED THEREWITH,
EVEN IF ANY OR ALL OF THEM HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS(ES) OR
DAMAGE(S) AND WHETHER OR NOT SUCH LOSS(ES)
OR DAMAGE(S) ARE FORESEEABLE. IN NO EVENT
SHALL Amazin ISP OR ITS SUPPLIERS' TOTAL
LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES
EXCEED $1. Some jurisdictions do not allow
the limitation of liability, so this limitation
may not apply to you.
GOVERNMENT END USER RIGHTS. The Software
is provided with restricted rights. RESTRICTED
RIGHTS LEGEND The Software is a "commercial
item" as that term is defined at
48 C.F.R. 2.101 (OCT 1995), consisting
of "commercial computer software"
and "commercial computer software
documentation" as such terms are
used in 48 C.F.R. 12.212 (SEPT 1995).
Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (JUNE
1995), all U.S. Government End Users acquire
the Software with only those rights set
forth herein.
EXPORT LAW. The Software and related technology
are subject to U.S. export control laws
and may be subject to export or import
regulations in other countries. You agree
to strictly comply with all such laws
and regulations and acknowledge that you
have the responsibility to obtain such
licenses to export, re-export or import
as may be required. By using the Software,
you agree to strictly comply with all
of the United States and other applicable
country laws and regulations when either
exporting or re-exporting or importing
this software or any underlying information
or technology. Further, you acknowledge
that you are not a national of Cuba, Iran,
Iraq, Libya, North Korea, Sudan or Syria
or any other country that may from time
to time be subject to U.S. Treasury Department
embargo restrictions or a party that is
listed in the U.S. Table of Denial Orders
or U.S. Treasury Department's list of
Specially Designated Nationals.
GENERAL. This Agreement will be governed
by the laws of the State of Michigan,
excluding any principle or provision that
would call for the application of the
law of any state other than Michigan.
If any provision of this Agreement is
held to be unenforceable, that provision
will be removed and the remaining provisions
will remain in full force. This Agreement
is the complete and exclusive statement
of the agreement between us which supersedes
any proposal or prior agreement, oral
or written, and any other communications
between us in relation to the subject
matter of this Agreement. If you have
any questions concerning this Agreement,
you may contact us by writing to Amazin
ISP, at 300 West Cedar Ave, Gladwin, MI
48624.THE SOFTWARE IS PROTECTED BY UNITED
STATES COPYRIGHT LAW AND INTERNATIONAL
TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION
IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
--------------------------------------------------------------------------------
Amazin ISP Internet Service PRIVACY POLICY
This privacy policy explains how Amazin
ISP collects, uses and discloses the information
of users of the Amazin ISP Internet Services
("the ISP Services") which are
administered by our partners and contractors.
IMPORTANT TERMS
When reviewing any privacy policy on the
Internet, you should be familiar with
the terms "personally identifiable
information" and "aggregate
information." "Personally identifiable
information" is any information that
can be used to identify, contact or locate
you as an individual. Common examples
are name and address.
"Aggregate information" lumps
your behavior or characteristics together
with those of a group. For instance, we
may let advertisers know that 50% of our
users are over 35 without disclosing the
personal information of any one individual.
COLLECTION OF YOUR INFORMATION
This section explains what information
we collect through ISP Services. Please
note that we correlate and supplement
this data with both aggregate and personally
identifiable information gathered by other
companies.
When you register for the ISP Services,
we collect personally identifiable information
including (but not limited to) your name,
home address, shipping address, email
address, telephone, number, birth date,
gender, occupation, industry of employment,
number of people in your household, the
number of people in your household under
18, marital status, whether you own your
residence, your current level of education,
your household income, how you found out
about our ISP services, whether you shop
at Kmart, whether you are willing to make
purchases over the Internet, your areas
of interest, and whether you would like
to be contacted in the future. We also
collect personally identifiable information
when you communicate with us by sending
email messages or other correspondence,
or when you submit online forms and other
such items.
When you use the ISP Services we collect
a variety of technical data, which we
store in both aggregate and personally
identifiable form. This data includes
(but is not limited to) (a) the sites
you visit (by URL, or Universal Resource
Locator) while on the ISP Services, the
interactions you have with those sites,
and the taskbar advertisements on which
you click, and (b) usage information such
as the telephone numbers from which and
to which you dial into our ISP Services
(including unsuccessful dial-in attempts),
the time you spend online and your IP
Address. The ISP Service may also use
"cookies," which are small pieces
of information stored on your computer,
to identify you, that store your user
name, password and to record your Web
surfing habits and the advertisements
upon which you click.
We collect your information (personally
identifiable information, aggregated information,
or both) through one or more of our ISP
Service Partners' servers, and through
cookies, banners, and the like. The information
collected i.e., the taskbar portion of
our ISP Services, includes (but is not
limited to) the type of button displayed,
the times the button was displayed and
whether you clicked on the button.
As you use the ISP Services you will
have access to millions of websites maintained
by third parties with whom we have no
relationship. These third parties may
also collect aggregate and personally
identifiable information about you through
their websites, banner ads, forms, and
other methods. Again, the information
practices of those third parties are not
covered by this privacy statement. Amazin
ISP has no control over and is not responsible
for the practices or the conduct of these
other companies.
USING YOUR INFORMATION
This section describes how we use and
disclose the information we collect. We
use aggregate information about your behavior
and equipment to improve the performance
of our ISP Services. We may use personally
identifiable information to store your
account information and to record ISP
session information.
We also use personally identifiable and
aggregate information for a variety of
marketing and promotional purposes. For
instance, we use what we have learned
about your preferences to help us or our
business partners target advertising or
product placements to your particular
interests. Such customized advertisements
may appear as part of the user interface
of the ISP Service.
We do not intentionally share your personally
identifiable information without your
consent, except: (a) with our ISP Service
Partners (including start page for the
ISP Services); (b) with United Online
and our other corporate affiliates, (c)
with companies to whom we outsource certain
functions of our Website and the ISP Services;
(d) as required by law; (e) with another
entity in connection with the sale of
the assets related to the ISP service;
and (f) as otherwise provided in this
policy. If, during the registration process,
you indicate a desire to receive special
offers from third parties, we may make
personally identifiable information, such
as your email address or name and address,
available to our carefully screened partners
who wish to offer special products and
services to you in accordance with their
privacy policies. These partners may include
direct marketing service providers. Though
we are selective with whom we partner,
we do not control the practices of these
marketing partners. Notwithstanding, we
do require that our marketing partners
always give you an opportunity to opt-out
from receiving further solicitations.
We also may combine such personally identifiable
information with publicly available information
or with general demographic information
that you submit as a part of the ISP registration
process. In addition, if you indicate
your desire to receive a particular service
or information from another company (e.g.,
catalogs), Amazin ISP or it's ISP Service
Partners will share your personally identifiable
information with that particular company.
Please note that we share aggregate data
about our customers with third parties.
From time to time we will send you emails
related to your ISP Services accounts.
At various points during your registration
for and use of the ISP Services, you are
provided opportunities to indicate an
interest in receiving email about special
offers and other promotional information.
If you do not wish to receive special
offers and promotional information email
from us, please let us know by un-checking
the appropriate "email notification"
request box. You may also opt out of this
promotional email list after you have
registered by contacting us (using the
contact information below), or by following
the "opt out" instructions that
may be included in the emails you receive.
If you supply us with your postal address
you may receive periodic mailings from
us related to the Amazin ISP Internet
Service website or your ISP Services account.
We (or other organizations with whom we
share your information) may also mail
you information about new products and
services or upcoming events. If you do
not wish to receive such mailings from
us, please let us know (using the contact
information below); make sure to provide
us with your exact name and address. We
will be sure your name is removed from
our mailing list.
If you supply us with your telephone
numbers, you will only receive telephone
contact from us regarding your Amazin
ISP Internet Services accounts, or orders
you have placed online. Except as specified
above, we will not share your telephone
number with other organizations.
Please note that the date of the most
recent opt in/out request will supersedes
prior requests.
Upon your reasonable request via the
contact information below (and subject
to our security practices), we will provide
you with access to your contact information
(for example, name, address, phone number),
financial information and unique identifier
information (for example, customer number
or password).
SECURITY
Any Amazin ISP Internet Services accounts
you may have are password-protected. We
recommend that you do not divulge your
password to anyone. Neither Amazin ISP
nor our ISP Service Partners will ever
ask you for your password in an unsolicited
phone call or in an unsolicited email.
We have instituted security measures
in our physical facilities to protect
against the loss, misuse or alteration
of information that we have collected
from you. In addition, we always use industry-standard
encryption technologies when transferring
and receiving customer data exchanged
with our ISP Service. Please keep in mind,
however, that no data transmission over
the Internet or any wireless network can
be guaranteed to be 100% secure. As a
result, we cannot guarantee the security
of any information you transmit using
our ISP Services, and you transmit such
information at your own risk. The Amazin
ISP Internet Service and Amazin ISP further
does not assume responsibility for use
or disclosure of your information that
are the result of unauthorized or illegal
access to our systems or those of our
vendors or partners.
CONTACT INFO
Inquiries and requests related to the
Amazin ISP Internet Service should be
sent by email to abuse@amazinisp.com.
You can also reach us at our mailing address:
Amazin ISP
300 West Cedar Ave
Gladwin, MI 48624
POLICY CHANGES
From time to time, we may use customer
information for new, unanticipated uses
not previously disclosed in our privacy
notice. If we make such a change, we will
post a notice on the Amazin ISP Internet
Service Website or the Amazin ISP Internet
Service Internet default page, or we will
notify you by email or by a pop up browser
window presented via the software before
login, at which time you will be able
to "opt out" of these new practices
by contacting us (using the contact information
above). If you are concerned about how
your information is used, please check
our Website periodically to review the
current Amazin ISP Internet Service privacy
policy.
Amazin ISP Internet Service COPYRIGHT
POLICY
Termination of Subscriber Privileges
for Infringement and Contact Information
for Suspected Copyright Infringement
As described below, Amazin ISP Internet
Service will terminate theaccount of any
subscriber who uses his or her account
privileges tounlawfully transmit copyrighted
material without a license, validdefense
or fair use privilege to do so. After
proper notification bythe copyright holder
or its agent to Amazin ISP Internet Service
andlater confirmation through court order
or an admission by thesubscriber that
an account has been an instrument of unlawfulinfringement,
Amazin ISP Internet Service will terminate
the infringingsubscriber's account. Amazin
ISP Internet Service may also in its solediscretion
decide to terminate a subscriber's account
privileges priorto that time if it has
good faith belief that infringement has
in factoccurred If you believe that your
copyright has been infringed throughthe
use of a Amazin ISP Internet Service account,
please contact: Amazin ISP 300 West Cedar
Ave, Gladwin MI. 48624 |