| Altazip User
Access Agreement
READ THIS INTERNET SERVICE AGREEMENT
CAREFULLY BEFORE USING OUR INTERNET SERVICES.
1. INTRODUCTION.
Altazip. provides its Internet services, as they may exist
from time to time, ("Services") to all end users who
access some of our Services but do not have accounts ("Visitors")
as well as those who pay a monthly service fee to subscribe
to the Services ("customers"). By using the Services
or by establishing an account, you agree to be bound by this
Agreement and to use the Services in compliance with this Agreement,
our Acceptable Use Policy and other user policies. If you do
not agree to the terms and conditions of this Agreement, including
any future revisions, you may not use the Services and if you
are a current customer, you must terminate your use of the Services
under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
customers must be at least 18 years old. Local access System
may not be available in all areas. Current prices for Altazip
Services are posted throughout our web site at http://www.Altazip.com/html/services.htm.
These rates may also be obtained by calling (435)-896-2819.
Altazip reserves the right to change prices and institute new
fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A CUSTOMER.
(a) customers must (i) provide Altazip with accurate and complete
billing information including legal name, address, telephone
number, and credit card/billing information, and (ii) report
to Altazip any changes to this information within thirty (30)
days, or before the 20th calendar day of the month of the change.
customers are responsible for all charges to their account.
(b) customers having questions regarding charges to an account,
should contact Altazip Customer Service Department at (435)-896-2819.
All charges are considered valid unless disputed in writing
within sixty (60) days of the billing date. Adjustments will
not be made for charges that are more than 60 days old.
(c) Charges are billed to customers' credit cards or debit
cards, as applicable, each month for the basic service and any
additional usage or services. Altazip is not responsible for
any charges or expenses (overdrawn accounts, exceeding credit
card limits, etc.) resulting from charges billed by Altazip.
(d) If paying by check, payments are due by the 15th of each
calendar month billing period unless payment arrangements have
been made.
(e) If you pay for Services through a prepayment plan, automatic
billing described above shall only apply to the charges not
paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns
pays Altazip, the reseller must pay all amounts owing for your
account. If the reseller fails to pay Altazip any amounts due
- whether or not you have paid the reseller - your account will
be subject to suspension or cancellation until you or the reseller
has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Altazip's
sole discretion; however, charges will continue to accrue until
the account is canceled. Altazip may bill an additional charge
to reinstate a suspended account.
4. CUSTOMER'S ACCOUNT, PASSWORD AND SECURITY.
customers receive a user name, password and account designation
upon registration. You and customers of your household or business,
if you have purchased a business account, are the only authorized
users of your Altazip account and must comply with this Agreement.
You must keep your password confidential so that no one else
may access the Services through your account. You must notify
Altazip within 24 hours of discovering any unauthorized use
of your account. This is your personal account and you are responsible
for it, Legally.
Using a personal account for high volume or commercial use
(e.g., revenue generation, advertising, etc.) is prohibited.
Email accounts exceeding 10MB in size may, at Altazip's discretion,
be transferred to a compressed temporary file or storage. Altazip
may delete the temporary file from the server 60 days after
notifying you. Any Web site exceeding 225MB of traffic will
be billed for excess traffic. You may establish a commercial
or high-volume account by calling (435)-896-2819.
5. MONITORING THE SERVICES.
Altazip has no obligation to monitor the Services, but may
do so and disclose information regarding use of the Services
for any reason if Altazip, in its sole discretion, believes
that it is reasonable to do so, including to: satisfy laws,
regulations, or governmental or legal requests; operate the
Services properly; or protect itself and its customers. Please
see our Privacy Policy. Altazip may immediately remove your
material or information from Altazip's servers, in whole or
in part, which Altazip, in its sole and absolute discretion,
determines to infringe another's property rights or to violate
our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY Altazip, Altazip DOES NOT CONTROL ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. Altazip HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL
RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET
AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS,
AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED
THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Altazip DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER
HARMFUL COMPONENTS. Altazip MAKES NO EXPRESS WARRANTIES AND
WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH Altazip OR THE INTERNET GENERALLY.
NO ADVICE OR INFORMATION GIVEN BY Altazip OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY. Altazip OR IT'S EMPLOYEES ARE NOT LIABLE
FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT,
INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES. IN ANY EVENT, Altazip'S CUMULATIVE LIABILITY TO ANY
customer FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES
SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING
A ONE MONTH PERIOD.
7. SOFTWARE LICENSE.
Altazip grants to each customer a limited, non-exclusive, non-transferable
and non-assignable license to install and use the Altazip access
software (including software from third-party vendors that Altazip
distributes) (in object code format), its associated documentation,
and any updates thereto ("Licensed Programs") in order
to access and utilize the Services. Each customer agrees to
use the Licensed Programs solely in conjunction with the Services
and for no other purpose. Altazip may modify the Licensed Programs
at any time, for any reason, and without providing notice of
such modification to a customer.
The Licensed Programs constitute confidential and proprietary
information of Altazip and Altazip's licensors and embody trade
secrets and intellectual property protected under United States
copyright laws, other laws, and international treaty provisions.
All right, title, and interest in and to the Licensed Program,
including associated intellectual property rights, are and shall
remain with Altazip and Altazip's licensors. customer shall
not translate, de compile, reverse engineer, distribute, remarket
or otherwise dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export
the Licensed Programs or any underlying information or technology
except in full compliance with all United States and other applicable
laws and regulations. By installing or downloading the Software,
you represent and warrant that you are not located in, under
the control of or a national or resident of any country on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders
8. WEBSITE USAGE.
Our site on the World Wide Web with its home pages in the domain
"Altazip.net" or any other site operated by Altazip
(the "Web site") is a complimentary information service
offered by Altazip at no charge to users.
You may provide a hypertext link to our Web site on another
web site, provided that: (a) the link must be a text-only link
clearly marked "Altazip Web site", (b) the link must
"point" to the URL "http://www.Altazip.net"
and not to the other pages within the Web site, (c) the appearance,
position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with our name, (d)
the appearance, position and other aspects of the link may not
create the false appearance that an entity is associated with
or sponsored by Altazip, (e) the link, when activated by a user,
must display this Web site full-screen and not within a "frame"
on the linked web site, and (f) Altazip may revoke consent to
the link to our web site at any time in its sole discretion.
All other hypertext links to the Web site must be approved in
writing by Altazip
Personal information posted by you to the Web site is posted
at your own risk. Altazip will have no liability arising from
use of that information. You shall not use the Web site to distribute
or publish any advertising of goods or services, solicitations
for funds, or other commercial messages (please check commercial
account). You agree that you will not post, upload or otherwise
introduce a virus or other harmful code onto the Web site.
9. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this
Agreement and any future versions. If you are dissatisfied with
the Services or any related terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is
to discontinue using the Services and, if you are a customer,
to terminate your account.
10. TERMINATION.
You may terminate your Non Contractual account at any time
and for any reason by providing notice of intent to terminate
to Altazip by:
* telephone calls directed to Customer Service at (435)-896-8554
* registered or certified mail, return receipt requested addressed
to
Altazip
136 N Main
Richfield, UT 84701
Email termination of your basic Internet access account will
not be accepted.To terminate additional services, such as extra
email boxes or web site hosting, you must send an email to support.@Altazip.com.
Any incoming email sent to canceled accounts will not be forwarded
to another account; instead, it will be bounced back to the
sender. If your account included Web space on Altazip's servers,
anything stored on this space will be deleted upon termination.
Without prior notice, Altazip may terminate this Agreement,
your password, your account, or your use of the Services, for
any reason, including, without limitation, if Altazip, in its
sole discretion, believes you have violated this Agreement,
our Acceptable Use Policy or any of the applicable user policies,
or if you fail to pay any charges when due. Altazip may provide
termination notice to you by: email addressed to your email
account or by US Mail or courier service to the address you
provided for the Services. All notices to you shall be deemed
effective on the first (1st) calendar day following the date
of electronic mailing or on the fourth (4th) calendar day following
the date of first-class mailing
Section 3, Sections 6, and 11 of this Agreement shall survive
termination of this Agreement
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