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.
Customer’s 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 user’s 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 month’s 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 Customer’s own risk or the risk of Customer’s
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
