I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, 1st Value shall provide me (the Subscriber) with certain Internet and/or web site hosting services (the Network). By using the Internet or hosting services through the 1st Value Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT 1st Value RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON.
2) Provision of Services/
I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that 1st Value reserves the right to terminate my account at any time, for any reason. 1st Value will provide me and my authorized users analog or digital to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of 1st Value , including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond 1st Value ’s control.
3) My Obligations
a) I understand that I am responsible for determining whether a 1st Value phone number is within my local calling area, and for any long distance charges I may incur in connecting to 1st Value .
b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel.
c) I understand that 1st Value may change its prices from time to time, and that I will be provided with at least 15 days written or electronic mail notice of any such changes.
d) I understand that I can not use or permit other users to use the Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of 1st Value ’s Network or other networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or
v) otherwise violate the policies referenced in this Agreement.
f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software).
I understand that the information available through 1st Value ’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through 1st Value ’s Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that 1st Value makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the 1st Value Network, or other interconnecting networks.
5) Term and Termination
I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that 1st Value reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on 1st Value ’s servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for 1st Value , and would likely be a cause for termination of my account. I agree to abide at all times by 1st Value ’s then-current Usage Policies.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
If I have given my credit card number/bank account information to 1st Value or any one of it servicing agents, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by 1st Value. I understand that 1st Value ’s monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month’s basic service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I agree that payment will be automatic payment form unless other arraignments are agreed to to by the 1st value network. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that 1st Value shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by 1st Value pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service.
7) Disclaimer And Limitation Of Liability
I understand that the use of my 1st Value account, and any data or information using that account, will be completely at my own risk. I understand that the cumulative liability of 1st Value for any and all claims relating to the services provided by 1st Value , in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to 1st Value for services within the preceding twelve months. I agree that 1st Value shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.
1st Value SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL 1st Value BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES 1st Value FROM LIABILITY ARISING FROM ANY CONTENT ED VIA THE NETWORK. 1st Value ’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMISSIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. 1st Value SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL 1st Value BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF 1st Value FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO 1st Value FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. 1st Value MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
8) Law And Jurisdiction
I understand and agree the laws of the State of North Carolina govern this Agreement and my 1st Value account. I expressly agree that exclusive jurisdiction for any claim or dispute with 1st Value or relating in any way to my account or my use of 1st Value resides in the courts of North Carolina. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of North Carolina in connection with any such dispute, including any claim involving 1st Value or its affiliates, subsidiaries, employees, contractors, officers, or directors.
I agree to defend, indemnify and hold 1st Value and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify 1st Value along with any parties from whom 1st Value obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law.
10) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published 1st Value Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between 1st Value , Inc. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that 1st Value may amend or modify this agreement and/or the 1st Value Usage Policies, or impose new conditions at any time. Any use of 1st Value ’s Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the 1st Value home page.
11) 1st Value Disconnect Policy
1st Value reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by 1st Value through electronic means. This time is approximate and subject to change without notice in 1st Value ’s sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, “pinging” the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. 1st Value reserves the right to electronically audit connections to enforce the above requirements.
1st Value reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in 1st Value ’s sole discretion. 1st Value reserves the right to electronically audit connections to enforce the above requirements.
12) Acceptable Use Policy
13) Email/Spam Policy