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Terms and Conditions

DSL INTERNET ACCESS

Use: Customer agrees to the terms and conditions in this agreement at the time they first order or use the MM INTERNET, INC Service. Use of this account is strictly for the customer and is not for resale. Use of this account to violate the security of any computer network, crack passwords or security codes, transfer or store illegal material, or engage in any illegal activity is prohibited. The customer assumes all responsibilities for insuring legal use of the computer systems. MM INTERNET, INC may cancel the customers account at any time without cause.

Billing: The customer is responsible for all billing for the account registered in accordance with the terms of their credit card agreement. Invoiced customers are required to pay in advance of the service term provided. The set-up fees and first payment period will be billed upon installation of the circuit by the Local Telephone Carrier. Customer will be billed monthly at the beginning of each payment term and every term thereafter which will become their regular billing date until the account is canceled in writing by the customer (see Cancellation). The start-up fee is not refundable. The customer may cancel at any time (see Cancellation) but is responsible for the current months billing, any outstanding balance, and a $20 cancellation fee. Any returned billing or late payment will result in a late fee based on the current price schedule or cancellation of the customer's account.  All accounts suspended for non-payment are subject to a re-activation fee.  MM INTERNET, INC is not responsible for any disputed charges beyond 60 days from the date of the charge.  Customers will be assigned an MM Internet email account which will be used for all notifications, invoices, correspondence, and communications from MM INTERNET, INC.

Term: This contract is on a month-to-month basis and automatically renews each month unless the customer notifies MM INTERNET, INC of their intent to cancel service (see Cancellation).

Cancellation: The customer must fill out the web page http://www.mminternet.com/cancel/cancel_dsl.html, sign it, print it, and mail or fax the printed copy to MM Internet at least 30 days in advance. The customer may cancel with no penalty 3 days before their scheduled install date. A fee of $20 applies to all customers canceling after their scheduled activation date. If a customers account is disconnected for any other reason or by any method other than the above mentioned web page a $200 termination fee will be applied in addition to any open balance.  These reasons include, but are not limited to, non-payment, disconnect of phone line, or any violation of MM INTERNET, INC terms of service.  Your account is not monitored for activity, and absence of activity or cancellation of your telephone number does NOT constitute a termination request.

Customerís Responsibilities: The customer is responsible for providing all equipment and software necessary for use of the account except for those items purchased from MM INTERNET, INC. Customer shall undertake any and all expense necessary to prepare their computer for use with MM INTERNET, INC Service and shall be responsible for all costs associated with the operation and maintenance of their equipment and software. Current laws of the United States and the State of California apply to this agreement.  DSL service shares the end user's current telephone line and service. It will be the end user's sole responsibility to maintain the phone line and original phone number in continuous working order with the local phone company in order to receive DSL services. Disconnected telephone service, or moving does not relieve the end-user of monthly service fees, contractual obligations and termination fees (see Cancellation).

Technical Support: It is the end userís responsibility to initiate and be available for technical support during hours of operation. MM INTERNET, INC. will not be held responsible for outages that are not reported by the end user to MM INTERNET, INC or circumstances where the end user is not available to help troubleshoot the connection or computer setup. Customer may be required to connect their DSL modem directly to one PC for support.  On-site technical support is not included.

Customer shall not do any of the following or permit any user of their account to do any of the following: 

o                  post or transmit any illegal information of any kind, including and without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including without limitation the U.S. export control laws and regulations

o                  post or transmit any information or software which contains a virus, worm, or other harmful component

o                  attempt to cause damage or harm to any person or device on the Internet

o                  upload, post, publish, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software, or other material obtained thorough the Internet which is Protected by Copyright or other proprietary rights of derivative works with respect thereto, without obtaining written permission of the copyright owner or negotiator.

o                  use the Internet in violation or contravention of the Telecommunications Act of 1996 or any other applicable law, regulation, order, or other government directive, or abuse or fraudulently use the Internet in any way not specifically set forth in this agreement.

o                  restrict or inhibit any other user from using MM INTERNET, INC Service and/or the Internet. This includes bulk email or postings referred to as spam.

Pricing: Pricing is based on the current price list published by MM INTERNET, INC. Late fees are applied for non-payment based on the formentined price list.  Prices may be changed at any time effective with the customer's next monthly invoice. 

Hold Harmless: The Customer agrees to hold MM INTERNET, INC harmless from any losses or damage that may occur from use of this account. The Customer understands that the Internet contains material which may be offensive to some people and accesses such material at their own risk.

Limited Warranty: No warranty is made by MM INTERNET, INC regarding bandwidth, service availability or any information, services or products provided through this Internet. Any liability of MM INTERNET, INC is limited to the current monthís service payment.

Settling of Disputes: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled in small claims court. If the dispute exceeds the maximum claim that may be handled by small claims court, the dispute shall be settled by arbitration in accordance with the Uniform Rules for Better Business Bureau Arbitration, and the judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.

The terms of this agreement may change at any time.

MM INTERNET, INC and its affiliates, along with any parties from whom MM INTERNET, INC obtains network services (collectively, MM INTERNET, INC) exercises no control whatsoever over the content of the information passing through MM INTERNET, INC network. MM INTERNET, INC makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the MM INTERNET, INC network is at Customerís own risk or the risk of Customerís affiliates and customers. MM INTERNET, INC specifically denies any responsibility for the accuracy or quality of information obtained through its Service.

The MM INTERNET, INC network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. Customer agrees to indemnify MM INTERNET, INC and to hold it harmless from any claims resulting from the use of the Services by Customer or its affiliates which damage another party or which violate the law.

Any access to other networks connected to MM INTERNET, INC network must comply with the rules of the other networks.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THAT I, AND ANY PERSON USING ANY SERVICES OR FACILITIES PROVIDED BY MM INTERNET, INC TO ME HEREUNDER, AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Ver. 1/30/2002

 



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