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Questions regarding
acceptable use of MPINET should be sent to support@mpinet.com.
1)
Introduction.
a) The Service. MPINET is a private company providing
a commercial gateway to the Internet. MPINET's equipment,
facilities, and any software and related documentation
MPINET may provide and/or license to you (the software
and related documentation, collectively the "Software")
may be used to send electronic mail, conduct commercial
transactions, access the World Wide Web, newsgroups and
private networks, engage in on-line chat sessions, transfer
files, enjoy audio and video programming, and otherwise
participate in all legal aspects of the Internet subject
to the Terms and Policies (collectively, the "Service").
b) Binding Agreement. The Service is provided to authorized
persons or organizations who have agreed to the Terms
and Policies (referred to in the Terms and Policies as
"You" or "Your"). Use of the Service
is subject to the restrictions listed below. By using
the Service, You agree to be bound by all of the Terms
and Policies in effect at the time of Your use. You represent
and warrant that You are at least eighteen (18) years
of age and legally able to enter into these Terms and
Policies. If You enter into, or have entered into, a separate
agreement with MPINET with respect to some or all of the
Service, the terms and conditions of that separate agreement
shall control if there are any conflicts between it and
these Terms and Policies.
c) Scope. If You are an individual, the Terms and Policies
apply to all persons who gain access to the Service through
Your account. If You are a commercial entity, the Terms
and Policies apply to all Your individual users, including,
without limitation, Your employees, agents, contractors,
consultants, and/or customers and other third parties
who gain access to the Service through Your account. In
either instance, You acknowledge and agree that a violation
of the Terms and Policies by anyone using Your account
will be treated as a violation by You, and You shall be
responsible and liable for all violations.
d) Your Right to Use the Service. MPINET grants You a
non-exclusive, non-transferable, non-sublicenseable, limited,
and revocable right to access, use and display the Service
on one (1) computer or other electronic display device
at a time, subject to all terms and conditions in the
Terms and Policies.
e) Registration Information. You agree to provide MPINET
with accurate, complete, and updated registration information.
Updates to your registration information can be made by
sending changes to: 1101 North Keller Road, Suite B, Orlando,
Florida 32703 or emailed to customerservice@mpinet.com
or by calling Customer Service toll free at 1 (800) 252-8485.
f) Changes to Terms and Policies. Subject to applicable
regulations and law, MPINET shall have the right at any
time to change or modify the terms and conditions applicable
to Your use of the Service, or any part thereof, or to
impose new conditions, including, but not limited to,
revisions to the fees, billing rates, and account charges
for use and modifications to these Terms and Policies.
Except as otherwise provided by applicable law or where
Your written consent is required per the Terms and Policies,
such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may
be given by any means including, but not limited to, posting
on the Service, or by electronic or conventional mail,
or by any other means by which You obtain notice thereof.
Certain changes to the Terms and Policies for consumer
accounts (such as the terms of the ACH Authorization)
cannot be changed without the customer’s written
consent. Any use of the Service by You after any of the
aforementioned means of notice shall be deemed to constitute
acceptance by You of such changes, modifications or additions
to these Terms and Policies.
2) Opportunity to Consult with Counsel; No Construction
Against the Drafter.
YOU
ACKNOWLEDGE THAT YOU HAVE HAD FULL AND AMPLE OPPORTUNITY
TO CONSULT LEGAL COUNSEL REGARDING THESE TERMS AND POLICIES
PRIOR TO USING THE SERVICE, AND AGREE THAT ANY INTERPRETATION
OF THESE TERMS AND POLICIES SHALL NOT BE CONSTRUED AGAINST
MPINET BY VIRTUE OF ITS HAVING DRAFTED THE TERMS AND POLICIES.
3) Limitation of MPINET Liability.
a) YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MPINET
BE LIABLE FOR ANY LONG DISTANCE OR TOLL CHARGES RESULTING
FROM YOUR INCORRECT USE OR ENTRY OF MPINET ACCESS NUMBERS.
b) UNDER NO CIRCUMSTANCES SHALL MPINET BE LIABLE TO YOU
OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (COLLECTIVELY,
THE "DAMAGES"), ARISING OUT OF OR RESULTING
FROM YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING
WITHOUT LIMITATION, THE SOFTWARE AND ANY INFORMATION DERIVED
FROM INCLUDED IN OR ACCESSIBLE VIA THE SERVICE), SUCH
AS, BUT NOT LIMITED TO: LOSS OF REVENUE OR ANTICIPATED
PROFITS OR LOST BUSINESS OR LOST SAVINGS OR GOODWILL OR
DATA; THE PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION;
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; DENIAL OF
SERVICE ATTACK; INTERRUPTION; DELETION; DEFECT; DELAY
IN OPERATION OR TRANSMISSION; COMPUTER VIRUS OR SIMILAR
DISRUPTIVE CODE; COMMUNICATION LINE FAILURE; TERMINATION
OF THIS AGREEMENT BY MPINET; OR THIRD PARTY THEFT OF,
DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF YOUR INFORMATION, EQUIPMENT, OR PROPERTY, EVEN
IF MPINET HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD
HAVE FORESEEN SUCH EVENTS. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT MPINET IS NOT LIABLE FOR THE CONDUCT OF,
OR INFORMATION SUPPLIED BY OTHER SERVICE USERS OR THIRD
PARTIES (INCLUDING, WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT) AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL MPINET'S
CUMULATIVE LIABILITY TO YOU EXCEED THE FEES YOU HAVE PAID
MPINET HEREUNDER FOR THE MOST RECENT BILLING PERIOD PRIOR
TO YOUR MAKING OF A CLAIM.
c)
THE FOREGOING SHALL APPLY REGARDLESS OF: (I) ANY FAILURE
OF AN ESSENTIAL PURPOSE; AND (II) WHETHER SUCH LIABILITY
SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT,
OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE JURISDICTIONS
THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR DAMAGES, MPINET'S LIABILITY IS LIMITED TO THE FULLEST
POSSIBLE EXTENT PERMITTED BY LAW.
d)
YOU ACKNOWLEDGE AND AGREE THAT MPINET IS NOT IN ANY WAY
RESPONSIBLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES
ACCESSIBLE THROUGH OR FROM THIRD PARTY PROVIDERS VIA THE
SERVICE, AND MPINET SHALL HAVE NO LIABILITY OF ANY NATURE
WHATSOEVER IN RELATION TO ANY OF THE FOREGOING, INCLUDING
WITHOUT LIMITATION, ANY SEXUALLY EXPLICIT OR OBSCENE MATERIALS,
ANY INCORRECT INFORMATION, ILLEGAL INFORMATION, INFRINGING
MATERIALS (SUCH AS COPYRIGHTED MATERIALS), AND OUTDATED
MATERIALS. MPINET NEITHER ENDORSES NOR IS RESPONSIBLE
FOR THE ACCURACY OF ANY THIRD PARTY MATERIALS, AND YOU
AGREE THAT MPINET IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR USE OF, OR RELIANCE ON, SUCH MATERIALS,
NOR FOR MPINET’S FAILURE TO ENFORCE ANY OF MPINET'S
RIGHTS UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, AGAINST
ANY SERVICE USER OR THIRD PARTY, PROVIDER OF INFORMATION,
PRODUCTS OR SERVICES ACCESSIBLE THROUGH OR FROM THE SERVICE.
e) YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT MAKE ANY
CLAIM AGAINST THE AFFILIATES, SHAREHOLDERS, OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS OF MPINET BUT
INSTEAD SHALL LOOK SOLELY TO THE ASSETS OF MPINET FOR
SATISFACTION OF ANY LIABILITY OF MPINET UNDER THESE TERMS
AND POLICIES.
4) Disclaimer of Warranty.
a) THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE)
AND THE CONTENTS PROVIDED THEREBY BY MPINET OR ANY THIRD
PARTY PROVIDER ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITH ALL DEFECTS. EXCEPT FOR THE
EXPRESS WARRANTIES SET FORTH HEREIN, MPINET DOES NOT MAKE,
AND HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS,
ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED
(THE "DISCLAIMED STATEMENTS"), REGARDING THE
SERVICE INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES:
(I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND/OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS; (II) ARISING FROM A COURSE OF DEALING BETWEEN
YOU AND MPINET, COURSE OF USAGE, OR COURSE OF PERFORMANCE;
(III) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT
OF THE SERVICE AND ANY INFORMATION PROVIDED THROUGH THE
SERVICE; AND (IV) OF THE PROFITABILITY OF TRANSACTIONS
EXECUTED ON THE SERVICE OR THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION OBTAINED VIA THE SERVICE.
b)
IN ADDITION TO THE FOREGOING DISCLAIMER OF WARRANTIES,
MPINET DOES NOT GUARANTEE OR WARRANT THE SECURITY OR BACK-UP
OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
c) NO ADVICE OR INFORMATION WHETHER VERBAL, VIA E-MAIL,
OR IN ANY OTHER FORM GIVEN BY MPINET OR ITS EMPLOYEES
OR AGENTS SHALL CREATE ANY WARRANTY BY MPINET.
5)
Indemnification.
You shall indemnify MPINET and its shareholders, directors,
members, officers, employees, agents, and affiliates and
hold them harmless from and against any and all losses,
damages, settlements, liabilities, costs, charges, assessments
and expenses, as well as any and all third party claims
and causes of action, including, without limitation, attorneys'
fees (collectively, the "Losses"), arising out
of any breach by You of any of the terms and conditions
of the Terms and Policies, any use by You of the Service
or any transmission by You through the Service, including,
without limitation, losses resulting in unsolicited commercial
electronic mail, system shut downs, viruses or similar
disruptive code, loss or interruption of service, retaliatory
attacks or data flooding, or loss of peering arrangements.
MPINET may set-off the amount of any Losses against any
sums accruing to You under any transaction between You
and MPINET, including, without limitation, any reimbursements
under the Terms and Policies. Upon receipt of any third
party claim, MPINET shall have the right to assume the
sole defense thereof, at Your expense, by representatives
chosen by MPINET. You shall provide MPINET with such assistance,
without charge, as may be requested by MPINET in connection
with any such defense, including, without limitation,
providing MPINET with such information, documents, records
and reasonable access to You, as MPINET shall deem necessary.
In no event shall You settle any third party claim or
waive any defense without MPINET's prior written consent.
6) Billing
a) Account Charges. Current account charges, including
billing methods, rates, and surcharges for using the service
may be obtained by calling Customer Service toll free
at 1(800) 251-8485.
b) Your account charges are payable in advance. You are
responsible for all activities and charges associated
with Your account. If any unauthorized charges are made
on or through Your account, You are responsible for such
charges, except as otherwise provided by applicable law
until You notify MPINET a breach of security by calling
Customer Service toll free at 1 (800) 251-8485 and changing
Your password.
c) Auto-Billing Payment Method. If You pay by MPINET’s
Automated Credit Card or Automated Bank Account Withdrawal
(ACH) payment methods, You expressly agree to an Auto-Billing
Agreement, which authorizes MPINET to charge Your credit
card or debit Your bank account on your Monthly Payment
Due Date. Your Monthly Payment Due Date is the payment
due date according to the frequency at which You are billed.
Your Auto Billing authorization will remain valid until
Your written termination of Your authorization for Auto-Billing
becomes effective.
d) Paper Billing Payment Method. If You pay by means other
than Automated Credit Card or Automated Bank Account Withdrawal
(ACH), Your account charges are due upon receipt of Your
MPINET bill. Late Fees may be assessed at MPINET’s
discretion.
e) Termination of Service.
You may terminate Your account at any time and for any
reason by providing notice of intent to terminate to MPINET
by calling Customer Service toll free at 1 (800) 251-8485.
Without limiting the terms contained herein, MPINET may
terminate and/or suspend Your rights and access to the
Service if You fail to make payment in full of all amounts
when due or if you otherwise breach any of these Terms
and Policies. No billing credit will be given while your
rights and access to the Service are suspended. In the
event of termination of Your use of the Service under
this Section, MPINET will retain all amounts You have
paid for use of the Service. There are no refunds or credits
for early termination, with the exception of a 30-day
money back guarantee, if any, which may have been given
to You as a promotional offer. Termination or suspension
of service shall not relieve You from the obligation to
satisfy outstanding invoices. MPINET’s right to
terminate the Service shall be in addition to any other
remedies MPINET may have under these Terms and Policies,
or at law or in equity.
f) Overdue Payments.
1) Your account will be considered to be in default if
payment of Your account charges are not received by the
Due Date on Your MPINET bill. MPINET may, without further
notice, suspend or terminate the Terms and Policies and
Your account. Upon MPINET’s receipt of all account
charges due, MPINET may elect to restore Service to You,
but shall be under no obligation to do so.
ii)
If any financial instrument received in payment is returned
to MPINET unpaid, Your account will be considered to be
in default, and, in addition to suspended or terminated
for non-payment, you will assessed a returned check charge
of the lesser of thirty dollars ($30) or the maximum amount
permitted by law in your state.
iii) If Your account is suspended or terminated, You are
responsible for all current and past due account charges.
iv) If You default on Your account, You agree to pay fees,
costs, and expenses, including, but not limited to, attorneys'
fees and collection agency fees, incurred in enforcing
MPINET rights under the Terms and Policies.
g) Billing Disputes. If You dispute any portion of a bill,
You shall timely pay the full-billed amount and provide
MPINET, within thirty (30) days of payment, a written
statement supporting Your position regarding the dispute.
MPINET shall determine whether such billed and disputed
items were erroneous, and shall issue a credit to You
if MPINET so determines. Except in the event of an erroneously
billed item, as determined by MPINET, ALL FEES SHALL BE
PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE AND CANNOT BE
CREDITED TO OTHER AMOUNTS YOU OWE.
h) Special Conditions Relating to the MPINET Virtual Assistant
(“MVA”). Although MPINET uses reasonable efforts
to include accurate and up-to-date information in the
MVA, it should be presumed that your account information
is current as of the previous business day. MPINET assumes
no liability or responsibility for any errors or omissions
in the content of the MVA.
You are responsible to maintain the confidentiality of
the email address provided by MPINET, and the password
that is provided to access the MVA. You are responsible
for all activities and account updates that occur under
the MVA password, except as otherwise prohibited by law.
Payments, address updates and phone number changes requested
through the MVA are subject to review by MPINET and may
take two (2) business days to process. MPINET reserves
the right to reject requests made through the MVA.
MPINET is not responsible for the correctness of information
automatically filled in when You use the MVA, which will
be information provided by the Internet browser You select.
7) Access to the Service.
The
Service is the private property of MPINET and is provided
solely for the use of valid subscribers of the Service.
By providing the Service to valid subscribers, MPINET
does not intend to and does not hold out the Service as
a service for the use or accommodation of the public generally,
and MPINET does not undertake to provide the Service,
services, information, or support to any persons who are
not valid subscribers. Access to the Service may be suspended,
withdrawn, limited, or terminated by MPINET at any time
without prior notice. MPINET specifically denies all persons
who are not valid subscribers on the Service the right,
privilege, license, or sufferance to use the facilities
of the Service for any purpose. Any use or attempted use
of the facilities of the Service for commercial purposes
by parties not subscribers to the Service shall be treated
as trespass and theft, and shall be referred to the appropriate
law enforcement officials for prosecution under applicable
state and federal laws. MPINET reserves the right to pursue
parties who are not valid subscribers of the Service for
all costs and damages arising from or related to their
unauthorized use or attempted use of the Service, and
to block transmission of messages from any person, address,
domain, company, or other entity which in MPINET's sole
discretion is causing harm to or may cause harm to the
Service or MPINET’s other customers, including without
limitation, use of disruption of the Service as prohibited
by Section 9 below.
8) Intellectual Property.
a) You shall not upload, post or otherwise make available
through the Service any material protected by copyright,
trademark, patent, trade secret or other proprietary right
without the express written permission of the owner of
the copyright, trademark, patent, trade secret or other
proprietary right and the burden of determining that any
material is not so protected rests entirely with You.
You shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission.
b) Copyright Infringement: Termination, Notice and Takedown
Policy. MPINET respects the rights of copyright holders
and in this regard, MPINET has adopted and implemented
the following policy. Under this policy, MPINET shall
terminate, if commercially practicable and reasonable,
Service access in appropriate circumstances for employees,
valid subscribers of the Service and any other account
holders who infringe the rights of copyright holders.
If in MPINET's sole judgment the infringer is an innocent
infringer, then MPINET shall not terminate access unless
such person has repeatedly infringed copyrighted material.
If MPINET determines that the infringer negligently or
intentionally engaged in the infringing activity, then
MPINET reserves the right to immediately terminate that
infringer's Service access.
MPINET's
Copyright Agent for notice of claims of copyright infringement
on or regarding the Service can be reached as follows:
Copyright
Agent
Attn: Customer Disputes Department
MPINET
1101 North Keller Road, Suite B
Orlando, Florida 32810
Phone: 407-660-7900
Fax: 407-660-7848
Email: customerservice@mpinet.com
A party believing that its work has been copied in a way
that constitutes copyright infringement, should forward
the following information to the Copyright Agent:
The party’s address, telephone number, and email
address;
A description of the copyrighted work claimed to be infringed;
A description of where the alleged infringing material
is located;
A statement by the party that it has a good faith belief
that the disputed use is not authorized by it, the copyright
owner, its agent, or the law;
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
and
A statement by the party, made under penalty of perjury,
that the above information in the notice is accurate and
that such party is the copyright owner or authorized to
act on the copyright owner's behalf.
9) Your Representations and Warranties.
a) Prohibited Activities. You represent, warrant and covenant
that You will not engage in any illegal conduct or conduct
detrimental to the Service, including, without limitation,
any of the following activities:
I)
Using the Service in a way which constitutes a violation
of any applicable statute, law, court order, ruling, decision,
injunction, tariff, regulation, or treaty (including,
but not limited to, laws regarding intellectual property,
communications, privacy, defamation, obscenity, fraud,
and false pretenses and including criminal and international
law);
ii)
Using the Service in a manner intended to abuse or violate
the privacy or property rights of others, including, but
not limited to, sending, relaying, forwarding, bouncing,
replying or otherwise routing or rerouting unsolicited
bulk electronic mail ("spamming") or sending
or forwarding e-mail that does not clearly and accurately
identify the originator and/or which includes misleading,
disguised or otherwise false originating address (“spoofing”),
engage in harvesting of e-mail addresses or other personal
information, unsolicited e-mailing, telephone calls or
mailings, spoofing, flooding, overloading, spidering,
"screen scraping," "database scraping,"
or any other activity with the purpose of obtaining lists
of Users or other information; sending chain letters or
pyramid schemes via the Service; (d) decompiling, disassembling
or reverse engineering any software components of the
Service (including without limitation, the Software) or
any portion thereof; or attempting to gain unauthorized
access to the Service, any portion thereof or any other
computer systems through the Service. You agree that you
will not use the Service in any manner that could damage,
disable, overburden, or impair the Service or interfere
with any other user's use and enjoyment of the Service.
Violation of this warranty will be grounds for immediate
suspension or termination of the Service and additional
fees may result from such activity;
iii)
Using the Service to breach or attempt to breach the security
of any computer network (including, without limitation,
the Service itself), or to access an account, message,
or file which does not belong to You or which is not intended
for access by you;
iv)
Using the Service to operate server programs, including,
but not limited to, mail servers, IRC servers, game servers,
file transfer protocol servers, web servers, or streaming
audio/video servers or to otherwise access an MPINET service
bureau or third party service provider relating to the
Service;
v)
Using the Service to promote or solicit Internet services
which compete with the Service;
vi)
Using the Service for unauthorized relays through any
third party systems;
vii)
Attempting, in any way, to interfere with or deny service
(including, without limitation, the Service) to any user
or any host on the Internet;
viii)
Using the Service for mail-bombing, which includes, without
limitation, any instance where multiple messages are sent
to a specific destination with the intent to render the
recipient and/or the electronic system serving that recipient
dysfunctional;
ix)
Using the Service to add or attempt to add addresses to
any mailing list (Yours or a third party's) without the
explicit positive consent of the addressee(s) for the
uses fully disclosed to the addressee(s) and envisioned
in compiling and subsequently using such mailing list,
and for no other uses;
x)
Attempting to cancel, supersede, or otherwise interfere
with another party’s electronic mail;
xi)
Engaging in harassment, whether through language used
in, frequency, or size of messages;
xii)
Furnishing false data on Your sign-up form, contract,
or online application, including, without limitation,
providing fraudulent credit card or other payment information;
or
xiii)
You agree not to simultaneously access the Service for
more than the number of accounts You hold at any time.
b)
Posting. You understand and agree that You have sole responsibility
for Your posting of any information or material to any
site or newsgroup on the Internet, including, but not
limited to, postings to web sites, whether residing on
MPINET's equipment or not, postings to newsgroups, and
participation in any on-line chat sessions. You further
acknowledge and agree that MPINET shall not exert any
editorial control regarding such postings, except as may
be required by applicable law, including without limitation,
the Digital Millennium Copyright Act (“DMCA”).
MPINET at all times shall have the right to determine
how much system space may be available to You for posting
to and storage on its system.
c)
Privacy. You shall safeguard and not release to any third
parties any third party data which You may come into possession
of or gain access to, and in doing so shall fully conform
with the Federal Trade Commission fair information collection
principles as well as all applicable laws, regulations
and decisions of any governmental entity, including, but
not limited to, Title V (Privacy) of the Gramm-Leach-Bliley
Act, P. L. 106-102 [S. 900] (Nov. 12, 1999), as amended,
and all regulations issued pursuant thereto (all of the
aforementioned legal authority shall be referred to as
"Privacy Requirements"). At any time and from
time to time, You agree, without consideration, pursuant
to MPINET's request, to take such actions, make such disclosures,
make such modifications, safeguard data, protect consumer
privacy for personally identifiable information (including,
without limitation, financial information), and to execute
and deliver such documents as may be necessary to comply
with all Privacy Requirements.
d)
Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other
equipment needed for access to and use of the Service
and all charges related thereto.
If
you discover another subscriber engaging in those prohibited
activities, report the incident to MPINET pursuant to
Exhibit A (Complaint Response Procedures).
10) Service Security Matters.
a) Security. You agree to safeguard Your password and
maintain its security at all times with a reasonable degree
of care. You agree not to access or attempt to access
private areas of the Service.
b)
No Unauthorized Access and Unauthorized Activities on
the Service. Although the Service is publicly available,
such availability is limited to the authorized uses described
in the Terms and Policies. Access to the Service is not
authorized for any activities that interfere or have the
potential to interfere with MPINET's possessory interest
in the Service.
11)
Monitoring.
a) MPINET shall have the right, but not the obligation,
to monitor the content of the Service, to determine compliance
with the Terms and Policies and any operating rules established
by MPINET and to satisfy any law, regulation, authorized
government request, or trade association guideline. MPINET
shall have the right in its sole discretion to refuse
to post or remove any material submitted to or posted
on the Service. Without limiting the foregoing, MPINET
shall have the right to remove any material that MPINET,
in its sole discretion, finds to be in violation of the
provisions hereof, may cause liability for MPINET, or
is otherwise objectionable in MPINET's sole discretion.
b)
"Premium" plans will be reviewed on a monthly
basis. Users going over three hundred (300) hours per
month on a continual basis are considered to be dedicated
and may be asked to move to a dedicated connection at
MPINET's sole discretion.
12) Content.
a)
No Control Over Service Content. You understand and agree
that information and other content available through the
Service may include, without limitation, controversial,
sexually explicit, or other material that may be offensive
to You or users for whom You are responsible. MPINET has
no responsibility for or control over such materials,
and You take sole responsibility for using any available
screening software or other methods of limiting access
(specifically including, without limitation, the access
of minors) to any material You may find objectionable,
including its effectiveness and interoperability with
the Software.
b)
No Endorsement of Service Content. MPINET neither endorses
nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on or off the Service
by anyone other than authorized MPINET employee spokespersons
while acting in their official capacities. It is Your
responsibility to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other
content available through the Service or through a third
party subscriber of the Service. Advice of a professional,
if appropriate, may be necessary for You regarding the
evaluation of any specific information, opinion, advice
or other content. MPINET reserves the right to occasionally
review all websites that we host.
c)
Dial-up Connection. Standard MPINET accounts are limited
to one Point-to-Point Protocol login per account at any
given time. A standard MPINET account provides access
to browse the Internet, and should only be connected when
a user is actively using the Internet. A standard MPINET
account shall not be used to run a server providing an
information service over a user's modem connection such
as an FTP or WWW server. A connection held for extended
periods of time by automated methods or server software
are in violation of this Policy, and will have their connection
terminated or account suspended. Although a Standard MPINET
account allows premium monthly access, to insure the system
is not abused and all customers have equal access, a connection
will automatically be disconnected after 20 minutes of
inactivity.
13)
Force Majeure.
Any
failure or delay by MPINET in the performance of its obligations
pursuant to these Terms and Policies shall not be deemed
a default or breach of these Terms and Policies or a ground
for termination or damages hereunder to the extent such
failure or delay is due to computer or Internet or telecommunications
breakdowns, denial of service attacks, fire, flood, earthquake,
elements of nature or acts of God, acts of war, terrorism,
riots, civil unrest, rebellions or revolutions in the
United States or any nation where the Service under these
Terms and Policies is to be provided, strikes, supplier
and third party failure, lockouts, or labor difficulties,
or any similar cause beyond the reasonable control of
MPINET.
14) General.
These
Terms and Policies are intended by You and MPINET to form
an agreement solely between You and MPINET and nor for
the benefit of any third parties.
MPINET
may assign its rights and obligations under these Terms
and Policies at any time. You may not assign Your rights
and obligations under these Terms and Policies without
the prior written consent of MPINET, which consent may
be withheld for any reason or no reason.
The
section and paragraphs headings in the Terms and Policies
are for convenience only and shall not be used to interpret
these Terms and Policies.
THESE
TERMS AND POLICIES AND THE RELATIONSHIP BETWEEN YOU AND
US WITH RESPECT TO THEM AND YOUR USE OF THE SERVICE SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, OF THE
UNITED STATES OF AMERICA WITHOUT REGARD TO ITS CONFLICT
OF LAW PROVISIONS. YOU AGREE THAT ANY CAUSE OF ACTION
THAT MAY ARISE UNDER THE TERMS AND POLICIES SHALL BE COMMENCED
AND BE HEARD IN THE APPROPRIATE STATE OR FEDERAL COURT
IN THE STATE OF FLORIDA, COUNTY OF ORANGE, EXCEPT AS REQUIRED
BY APPLICABLE LAW. YOU AGREE TO SUBMIT TO THE PERSONAL
AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN
ORANGE COUNTY IN THE STATE OF FLORIDA.
MPINET’s
failure to exercise or enforce any right or provision
of the Terms and Policies shall not constitute a waiver
of such right or provision.
If
any provision of these Terms and Conditions is found to
be invalid by a court of competent jurisdiction, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Policies
shall remain in full force and effect.
YOU
AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR
RELATED TO YOUR USE OF THE SERVICE OR TO THE TERMS AND
POLICIES MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION ARISES OR BE FOREVER BARRED.
The
following Section of these Terms and Policies shall survive
termination of Your use of the Service: Sections 2, 3,
4, 5, 6, 12 and 14.
These
Terms and Policies constitute the entire agreement between
You and MPINET with respect to Your use of the Service
and supersede any other communications, advertisements
or understandings (verbal or written) with respect to
the subject matter hereof. Other agreements between You
and MPINET may govern other aspects of MPINET’s
provision of the Service to You.
EXHIBIT
A
MPINET
COMPLAINT RESPONSE PROCEDURE
*MPINET's
dedication to customer service means that MPINET takes
seriously and responds to complaints about its subscribers'
use of the Internet, including complaints by both MPINET
subscribers and complaints by other Internet users. MPINET
believes that its subscribers should be able to enjoy
use of the Internet without interference by persons who
use the Internet in an improper or unlawful manner.
*
MPINET will respond to any complaint that involves online
activities that are prohibited under the Terms and Policies.
MPINET will follow the complaint response procedures described
below to respond to complaints from subscribers and others
about MPINET subscribers. MPINET may issue warnings to
its subscribers, suspend subscribers' accounts and even
cancel accounts when it learns of continuing improper
activities.
*
If You have any questions regarding these policies, You
can call the MPINET customer service department at the
telephone number on the front of your bill.
*
How to Submit a Complaint:
1. Form of Complaint. Complaints may be submitted in any
form: by electronic mail (all electronic mail should be
sent to customerservice@mpinet.com,
fax, or mail to:
MPINET
Attn: Complaint Dept.
1101 North Keller Road, Suite B
Orlando, Florida 32810
Phone: 407-660-7900
Fax: 407-660-7848
2. What Information Should be Submitted? If You register
a complaint with the MPINET customer service department,
You should submit the following information:
*
The online identity of the MPINET subscriber involved,
and if possible, any other information about the subscriber,
such as his or her name and address;
*
A detailed description of the activities involved;
*
If possible, the specific category or categories of prohibited
activities You believe are involved in the described activities;
and
*
The times and dates the activities took place (e.g., the
date information was posted in violation of the Terms
and Policies).
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