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ACSNM.NET End User Terms of Service
Rev. 04/01/2007
Note: This Terms of Service applies to all Users.
ACSNM.NET, Inc. ("ACSNM.NET") an abbreviation for Active Computer Solutions New Mexico.NET agrees to provide you ("User") with those Services ("Service") set forth on www.ACSNM.NET and affiliated sites subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
ACSNM.NET exercises no control whatsoever over the content of the information passing through ACSNM.NET’s system. Use of any information obtained via ACSNM.NET is at User's risk. Neither ACSNM.NET nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does ACSNM.NET make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY ACSNM.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER ACSNM.NET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. ACSNM.NET IS UNDER NO OBLIGATION TO ISSUE REFUNDS, CREDITS OR ANY SUCH REIMBURSEMENT FOR INTERUPTIONS IN SERVICE AS OUTLINED WITHIN THIS AGREEMENT OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ACSNM.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT ACSNM.NET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, ACSNM.NET S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
UNDER NO CIRCUMSTANCES SHALL ACSNM.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL OCCURANCES.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of ACSNM.NET in operating the Service, User's sole and exclusive remedy is to cancel per the terms outlined elsewhere in this Agreement.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold ACSNM.NET, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by ACSNM.NET, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify ACSNM.NET in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and ACSNM.NET shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to ACSNM.NET that he or she is 18 years of age or older. User understands that certain materials available while using the Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. ACSNM.NET has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
Send unsolicited E-mail, (known as 'Spam') to anyone residing on our servers or through our servers, or when dialed into the network. Use of System for Spam or other prohibited uses will result in immediate termination of any and all ACSNM.NET accounts registered to the User in violation without notice. The following types of E-mail sent constitute as Spam:
Restrict or inhibit any other User from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including 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;
Post or transmit any sexually explicit materials or materials that may be offensive as determined by ACSNM.NET;
Post or transmit any information or software, which contains a virus, cancelbot, Trojan horse, worm or other harmful component;
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
Send unsolicited advertising or promotional materials to other network Users (See section titled "MESSAGING");
Allow Users to run Maillist, Listserv or any form of auto-responds from User's account;
Run or activate processes while User is not logged in;
Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
ACSNM.NET has no obligation to monitor the Service. However, User agrees that ACSNM.NET has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. ACSNM.NET will not intentionally monitor or disclose any private E-mail message unless required by law. ACSNM.NET reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. ACSNM.NET reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of ACSNM.NET following payment of a reconnection charge, to be determined by ACSNM.NET in its sole and absolute discretion.
Messaging
User agrees to limit their use of the ACSNM.NET Service, specifically regarding the use of ACSNM.NET s electronic (E-mail) Services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any E-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any E-mail messages sent while using the ACSNM.NET Service.
Fraudulent Content & Acceptable Use
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $500 (USD). ACSNM.NET RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF ACSNM.NET SERVICES, A ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR ACSNM.NET SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, ACSNM.NET RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF ACSNM.NET SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Restricted Content
You agree not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.
The sole purpose of these limitations are intended to limit the amount of unnecessary use of ACSNM.NET Services by any such User, which restricts overall ACSNM.NET system availability for other such Users. These limitations apply only to Dial-Up access Services offered by ACSNM.NET.
Limitation of Accelerated Dial-Up Services
Due to certain conditions which may exist beyond ACSNM.NET’s scope and control, user may not always see the same level of acceleration and in some cases may not see any at all.
User may discontinue the accelerated service at any time, and maintain a standard ACSNM.NET Dial-Up account. User may not receive a prorated refund for any unused services left in that billing cycle.
Idle Timeout
User agrees to have their online session automatically terminated after ten (20) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the ACSNM.NET Service.
Maximum Single Session
User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the ACSNM.NET system for a period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each Dial-Up account purchased.
Excessive Usage
All service plans are prohibited from being used to provide subscriber with dedicated or constant connectivity. ACSNM.NET reserves the right to immediately terminate or modify the Services of any User if ACSNM.NET determines, in its sole discretion, that the User is using the Service in an excessive manner.
The term “Unlimited Use” is understood to mean 300 Hours per month access time which equated to an average for 10 hours per day for 30 days.
Access Telephone Numbers
An updated and complete listing of ACSNM.NET access telephone numbers is available here.
ACSNM.NET CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL. ACSNM.NET CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY. ACSNM.NET CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER MAY INCUR. ACSNM.NET, ITS EMPLOYEES OR ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT MAY NOT BE LOCAL TO EACH USER. ACSNM.NET WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE CONNECTED TO THE SERVICE.
User understands that from time to time ACSNM.NET or its contractors may add, discontinue or change access telephone numbers. ACSNM.NET and its contractors reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary. User agrees to alter access number if requested. In the event an access number is not available in a User s local dialing area, it is the sole responsibility of the User to cancel Service as outlined elsewhere in this agreement. ACSNM.NET will issue no refunds or credits in the event an access telephone number is changed or discontinued.
Terms of Payment
A User who provides payment by credit card or debit card agrees to allow ACSNM.NET to bill his or her card on each successive billing date. A credit card User shall notify ACSNM.NET of any changes in credit card number or expiration date. If the card is not honored for any reason, and if alternative billing has not been established, the account will be terminated.
ACSNM.NET will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit card limits, exceeding available bank account balances, or any other such reason.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by ACSNM.NET in its sole and absolute discretion up to the amount allowable by law and User's account may be suspended until the account is current. If payment is not received, Service will be terminated.
ACSNM.NET maintains the right to terminate Service for any unpaid subscriptions. Accounts in default may be subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event ACSNM.NET utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of ACSNM.NET s attorneys' fees and costs in the collection of these sums.
ACSNM.NET reserves the right to change prices at any time without prior notice to its Users or the public. Price changes will not be retroactive for existing Users, regardless of the length of their existing Service subscription.
All amounts due, referenced on the ACSNM.NET web site, or quoted by representations of ACSNM.NET and its affiliates are understood by User to be in United States Dollars (USD). Right to Cancel
ACSNM.NET reserves the right to cancel Service for any reason without prior notice. ACSNM.NET reserves the right to close accounts deemed to have excessive usage (see above section, "Excessive Usage"). User may discontinue their ACSNM.NET Service at any time for any reason with proper notice as defined below:
User must notify ACSNM.NET via telephone or in person to cancel Service. USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER. Cancellations shall not be honored by electronic mail, fax or postal mail. ACSNM.NET offers a one-time risk free 30-day money back guarantee, excluding special promotions and discount offers. Cancellations within User's first 30 days of Service, receive a full refund excluding special promotions and discount offers and provided that user has not exceeded 30 hours of usage. After your initial 30 days, refunds will not be issued for monthly accounts or any account that exceeds thirty hours of usage. Annual account refunds are pro-rated at a rate of $13.95 (USD) times the number of months or partial months used. Refunds may take up to 30 days to process. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices.
No Confidentiality
Information transmitted through ACSNM.NET and through the Internet in general is not confidential. ACSNM.NET cannot and shall not guarantee privacy or protection of any User. ACSNM.NET reserves the right to monitor any User's transmissions when deemed necessary for providing proper Service and/or to protect the rights and property of ACSNM.NET.
User Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, ACSNM.NET will not publish User's name and other consumer information. ACSNM.NET will not make such information available to third parties.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. User shall be liable for any violations to this Agreement that may occur during the use of User account.
User E-Mail Account
ACSNM.NET provides User with up to five (5) @ACSNM.NET e-mail accounts. Additional @ACSNM.NET e-mail accounts beyond the first one may be requested by contacting ACSNM.NET customer service.
ACSNM.NET does not and will not perform system backups on any User's E-mail account(s). ACSNM.NET shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. User should not use the ACSNM.NET web mail feature as their primary mail client. Settings in the web mail feature, including stored messages, addresses, or other settings will not be retained in the event of data loss. Storage for e-mail messages and attachments is set to 10 MB per account. E-mail data on our servers may be deleted at least every 30 days.
Purchases and Transactions while on the Service
ACSNM.NET is not responsible for the confidentiality of information that User may provide to merchants and information or Service providers while connected to the Service. Negligence or other issues related to purchases, agreements, or other transactions performed while User is connected to the Service are the sole responsibility of User and merchants and information or Service providers. ACSNM.NET assumes no responsibility or liability in such transactions.
No System Backup
ACSNM.NET does not and will not perform system backups on any User's E-mail account(s). ACSNM.NET shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, ACSNM.NET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
ACSNM.NET may deny User access to all or part of the Service without notice if User engages in any conduct or activities that ACSNM.NET in its sole discretion believes violates any of the terms and conditions in this Agreement. If ACSNM.NET denies User access to the Service because of such a violation, User shall not have the right (1) to access through ACSNM.NET any materials stored on the Internet, (2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited, (3) to access third party Services, merchandise or information on the Internet through ACSNM.NET, and ACSNM.NET shall have no responsibility to notify any third-party providers of Services, merchandise or information or any responsibility for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 20 minutes). User also agrees to not remain connected to ACSNM.NET’s system for periods exceeding five (5) hours, in any single continuous session. User authorizes ACSNM.NET to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify ACSNM.NET if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to ACSNM.NET.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
ACSNM.NET's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
ACSNM.NET may modify this Agreement from time to time
It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately cancel the Service per the terms outlined elsewhere in this agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Mew Mexico, United States of America, without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
ACSNM.NET shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of ACSNM.NET.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming ACSNM.NET as the defendant, shall be proper only in a venue determined by ACSNM.NET.
In any action between ACSNM.NET and User to enforce any of the terms of this Agreement, ACSNM.NET shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and ACSNM.NET with respect to the Service.
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©2006 ACSNM.NET |
