QUALITY INTERNET EXPRESS (QIX)-SERVICE AGREEMENT
Quality Internet Express (Herein QIX) provides Internet Access (collectively, the "Service") subject to your 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.
Customer Account Terms and Conditions- You understand that you may access both Quality Internet Express (QIX) and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Quality Internet Express (QIX), neither Quality Internet Express (QIX) nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that, except for such Quality Internet Express (QIX) - identified information, products or services, all merchandise, information and services offered or made available or accessible through Quality Internet Express (QIX) or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Quality Internet Express (QIX) or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of Quality Internet Express (QIX) and the Internet. Neither, Quality Internet Express (QIX) nor its affiliates make any expressed or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through Quality Internet Express (QIX) or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through Quality Internet Express (QIX) or on the Internet generally. You understand further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Quality Internet Express (QIX) has no control over and accepts no responsibility whatsoever for such materials. You understand further, that any "unlimited use" membership that Quality Internet Express (QIX) may offer to you, is for time used by you and you alone. You may not share your account with others or have any automated or computerized activity, which will keep you connected to the service while you are away from your computer. You understand and agree that your account with Quality Internet Express (QIX) may be sold or transferred, at the sole discretion of Quality Internet Express (QIX).
Unlimited Access- An "Unlimited Access" account does not constitute a dedicated dial-up connection. Subscriber must be interactively using the connection to Quality Internet Express (QIX). EXCEPTING DEDICATED DIAL-UP SUBSCRIBERS, Subscriber must not use any artificial mechanism to stay on line and must be subject to the 30-minute inactivity timeout. Subscriber also agrees not to run any data server, including but not limited to Web servers and/or FTP servers, on such account. Quality Internet Express (QIX) reserves the right to restrict servers on such account. Any email box may be limited to 20 megabytes of space. Quality Internet Express (QIX) may not be held responsible for the availability or content of any website that is not part of the Quality Internet Express (QIX) network.
Sharing Unlimited Access accounts with anyone other than an immediate family member, or re-selling service without express written consent from Quality Internet Express (QIX), or offering any public information service, such as running a web server or FTP server, is prohibited. Using programs to defeat system timers limiting inactivity is prohibited. Untimely payment of any and all amounts due may result in account cancellation.
No Service Warranties- The Service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Service availability may be limited, especially during peak times. No advice or information given by Quality Internet Express (QIX), its affiliates or its contractors or their respective employees shall create a warranty. Neither Quality Internet Express (QIX) nor its affiliates 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, worms, Trojan horses or other harmful components. Under no circumstances shall Quality Internet Express (QIX), its affiliates, or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Service or to access the Internet or any part thereof, or your 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, or any failure of performance. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Quality Internet Express (QIX) in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
Making Purchases on the Service- If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide to any merchant or information or service provider on the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.
User Conduct on the Service- While using the Service, you may not: Restrict or inhibit any other user from using and enjoying the Internet; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, intimidating, 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 information or software that 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 rightholder; or Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws. Quality Internet Express (QIX) has no obligation to monitor the Service. However, you agree that Quality Internet Express (QIX) has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Quality Internet Express (QIX) will not intentionally monitor or disclose any private electronic-mail message unless required by law. Quality Internet Express (QIX) reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Spamming Policy- Quality Internet Express (QIX) and its affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (email) packages and services, World Wide Web website hosting arrangements, and other online and Internet-related services. It is contrary to Quality Internet Express (QIX) policy for any user of any of these services to effect or participate in any of the following activities through a Quality Internet Express (QIX) - provided service: To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists; To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; To send unsolicited mass emailing to more than twenty-five (25) email users, if such unsolicited emailings provoke complaints from the recipients; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Quality Internet Express (QIX) account or remailer, or using a Quality Internet Express (QIX) account as a maildrop for responses; To falsify user information provided to Quality Internet Express (QIX) or to other users of the service in connection with use of Quality Internet Express (QIX) service.
Quality Internet Express (QIX) considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, Quality Internet Express (QIX)’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender’s account and/or access to Quality Internet Express (QIX) services. In addition, Quality Internet Express (QIX) reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Quality Internet Express (QIX)’s terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Quality Internet Express (QIX) will respond as appropriate to these other activities as well.
Consumer Information-You understand and agree that Quality Internet Express (QIX) may publish your login name and Real Name in one or more directories, which may be accessed by other Internet users.
Failure to Comply with Terms and Conditions- Quality Internet Express (QIX) may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Quality Internet Express (QIX) in its sole discretion believes violates any of the terms and conditions in this Agreement. If, Quality Internet Express (QIX) denies you access to the Service because of such a violation, you shall have no right (1) to access through Quality Internet Express (QIX), any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Quality Internet Express (QIX), and Quality Internet Express (QIX) shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. You agree to defend, indemnify and hold Quality Internet Express (QIX) and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
Miscellaneous- 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. Quality Internet Express (QIX)’s failure to insist upon or enforce strict performance of any provision 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. Quality Internet Express (QIX) may modify this Agreement from time to time by placing a notice of such modification in the "Members Services" area, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "Members Services" area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. This Agreement constitutes the entire agreement between you and Quality Internet Express (QIX) with respect to the Service.
Billing Period- All services provided by Quality Internet Express (QIX) will be billed in advance for the forthcoming period and will include all applicable local, State and Federal taxes. If the customer utilizes a service, through Quality Internet Express (QIX), with any additional hourly charges or single-use special charges, these charges will be billed at the time of the next billing. Credit card authorized payment will also be billed in the same manner. Payments not received within 30 days of invoicing WILL BE SUBJECT TO THE GREATER OF A $10.00, OR 1.5% FINANCE CHARGE. Quality Internet Express (QIX) reserves the right to terminate or discontinue service at any time.
Returned Checks-A returned check charge of $50.00 will be incurred for all returned checks.
Billing Disputes- All billing disputes, or termination of Service with QIX.NET, must be received at our business office in writing via U.S. Mail. The obligation to pay for service will continue until such notice is received. Termination of your service does not constitute relief from amounts incurred prior to termination.
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