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ATTACH.NETSM Terms and Conditions Services Provided to You You have applied for an account to utilize Millennia Internet Corporation's (MIC) ATTACH.NETSM Internet access services. These services include dial-up access to our Internet Communications Center, and use of our e-mail, NNTP news, and WWW hosting services. Additional services may be available to you based on your specific service agreement with MIC. If you require assistance to use any of these services, such assistance may be provided to you by MIC. If any additional services are provided, additional charges may apply, at the discretion of MIC. If so, you will be notified before such costs are incurred. MIC Access Rules and Regulations MIC reserves the right to refuse service to any individual, business, or organization, at our sole discretion. You agree to refrain from making available, via our service, any material which might reasonably be judged offensive or inappropriate by MIC. This includes, but is not limited to, material considered to be pornographic and/or obscene. You further agree to remove such material immediately upon request by MIC. You agree not to use our system for the furtherance of any criminal act or conspiracy. Upon the acceptance of your service agreement by MIC, you will be assigned a system login name and password, and one or more electronic mail addresses and passwords. You agree not to divulge this information to any third party. You agree not to permit any third party not specifically authorized in writing by MIC, to log on to our systems using your account. You further agree that your account entitles you to be logged onto the system only once at any given time, and will not be permitted multiple simultaneous logins unless you are specifically authorized to do so in writing by MIC. You are not permitted to resell or redistribute any portion of MIC's services afforded to you under the terms of your subscriber agreement. This includes, but is not limited to, hosting WWW pages for parties other than yourself or your business in the WWW space assigned to you in accordance with your subscriber agreement. Parties wishing to resell WWW or other services of MIC may contact MIC to arrange for a resale contract. MIC reserves the right, at its sole discretion, to immediately terminate your access privileges in the event of any violation or attempt to violate these conditions. Payment of Fees Your specific monthly fee for access to our services is defined in your service agreement, and is subject to the following conditions Monthly access fees are payable in advance and are due and payable no later than the first day of the services month. Payment may be made using approved credit/charge cards, check or money order. Do not send cash payments via US Mail. If the option to pay by charge/credit card is selected, a signed agreement authorizing the charge to your card must be received in our offices no later than two weeks following account activation. Failure to return the signed authorization to us will result in the termination of your account. In the event you pay by credit card, your monthly credit card statement will reflect payment to "Millennia." Other forms of payment should be made payable to "Millennia Internet Corporation." Account holders whose access fees are not paid by the tenth day of the service month will be notified by electronic mail, and assessed a late charge of Ten Dollars ($10.00). Interest charges will begin to accrue from the first day of the billing month at a compounded rate of One and One-Half Percent (1.5%) per month. Accounts not paid by the fifteenth day of each service month will be disabled until the access fees, including late charges and interest, have been paid. Non-use of your account does not constitute cancellation of your account. You agree to pay the monthly charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Termination procedures are outlined in Section V of these Terms and Conditions. Fees in default longer than sixty days may be reported to any appropriate credit reporting agencies, and you will be charge additional fees, including collections fees and reasonable attorney's fees. Limitations of Liability Your use of MIC's ATTACH.NETSM service is entirely at your own risk. MIC will not be responsible for any damages, direct or indirect, arising from your use of our system. These damages specifically include, but are not limited to: damage to your computer systems, software, or data, computer virus infection, copyright infringement, interception of privileged communications, intentional security attacks on your computer system, and/or theft of information, which might result in lost productivity, profits, and/or business. MIC will not be responsible for the contents of any file, graphic, or other medium copied or transferred to or from any host on the Internet, including those hosts maintained by us, which may be deemed by the account holder to be inappropriate, offensive, or otherwise a problem. MIC reserves the right to immediately terminate service for any customer who makes available, using our equipment and/or service, material judged to be offensive or inappropriate by MIC. This include but is not limited to material considered to be pornographic and/or obscene, or advocating the use of violence against any group or individual. MIC also reserves the right not to link to any WWW page judged to contain offensive or inappropriate material as defined by MIC. You agree not to use our systems for the furtherance of any criminal act or conspiracy. MIC will not be responsible for, or party to, any criminal activity using our systems. MIC cannot guarantee the privacy or safety of any data hosted on or relayed through our systems. This includes, but is not limited to: electronic mail communications, data, files, programs, and/or copyrighted material. Posting such information on our systems is entirely at your own risk and MIC will not be held liable for any damages resulting from such posting. Although MIC will make every reasonable effort to provide continuous service, MIC cannot be held liable for any direct or indirect damages resulting from, but not limited to: busy dial-up lines, service interruptions caused by MIC's own service providers (including providers of analog and digital lines, electric power, and Internet connections), planned MIC maintenance intervals, unplanned MIC equipment failures, and/or acts of God or nature, or other items constituting a claim of force majuere. MIC reserves the right to amend these Terms and Conditions at any time without notice. A copy of the current Terms and Conditions will be maintained at http://www.attach.net/attachnet/t&c.html. Your continued use of your subscription constitutes your acceptance of the current Terms and Conditions. You agree to defend and indemnify Millennia Internet Corp. ("MIC," which provides Attach.Net) and hold MIC harmless from and against any and all liabilities, claims, damages, proceedings, injuries, costs, and expenses (including reasonable attorney's fees), relating to any acts by you, your agents, and your employees leading wholly or partially to claims against MIC by other Attach.Net users or by third parties, regardless of the type of liability or claim or the nature of the cause of the action. Such acts shall include, but are not limited to, programs or data of any kind transmitted by you through Attach.Net service or actions taken by you using the Attach.Net service that allegedly damages, defamed, or otherwise caused harm to another party. Termination of Service MIC reserves the right to discontinue service based on our perception of misuse, non-payment of service fees, and/or any other activity which is deemed by us to constitute appropriate grounds for terminating the account. You have the right to terminate service at any time. Termination of service may be effected via telephone, or by registered mail only. In the case of termination by telephone, you will be issued a termination code. It is your responsibility to obtain this code. If you have not received this code, your account is not terminated and your service fees will continue to accumulate. You agree that in the absence of the termination code, continued charges to your credit/charge card are authorized until such time that said code is obtained from MIC. Non-use of your account does not constitute termination of your account. You agree to pay the monthly charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Failure to pay these charges may result in your default being reported to appropriate credit reporting agencies and collection proceedings may be initiated. If your service agreement is prepaid, any prepaid fees are non-refundable upon termination. Approximately thirty (30) days after an account has been terminated, MIC will delete any remaining files, electronic mail, and data associated with the account. Warranty Disclaimer The ATTACH.NETSM service is provided "as is" and no warranties, express or implied, are made to its fitness for any particular purpose. Choice of Law You agree that your service agreement will be governed for any purpose by the laws of the State of Maryland, where applicable. You further agree to submit exclusively to the jurisdiction of the State of Maryland in the pursuit of any legal action or litigation against or involving MIC or any of its affiliates, and agree that such action will be entered in Baltimore County, Maryland.
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