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Terms of Service for Dial-Up
NOTE: These are the Terms of Service for Modem Madness Dial-Up (the “Service”) subscribers. If you are an ADSL subscriber, please click here to view the Terms of Service for ADSL. Also, you can view the Terms of Service for Domain Hosting by clicking here.
All dial-up subscribers (“Members”) are bound by these Terms of Service.
PLEASE REVIEW THESE TERMS BEFORE ACCESSING THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS OF SERVICE YOU MAY NOT ACCESS THE SERVICE. YOUR USAGE OF THE SERVICE BINDS YOU TO ALL TERMS SET FORTH HEREIN.
Billing Period
All accounts are billed on either a monthly, quarterly, bi-annual, or annual basis. The Service is considered a pay-ahead service and as such, all payments are due by the first day of each new billing cycle. The billing cycle begins the day after initial signup and continues until account is cancelled. If payment is not received by the first day of the billing cycle and payment arrangements have not been made by Member, Service may be subject to disconnection. MODEM MADNESS IS IN NO WAY LIABLE FOR DAMAGES, DIRECT OR INDIRECT, WHICH MAY BE INCURRED BY MEMBER DUE TO DISCONECTION FOR NON-PAYMENT. If Member believes an error has been made it is their sole responsibility to contact the Modem Madness billing department in order to rectify the problem. If Modem Madness determines, in its sole discretion, that an error has been made, a $5.00 USD credit will be issued to Member’s account, and applied to future invoices.
Cancellation
Once signed up for Service, Member has a period of ten (10) days in which to work with Modem Madness to resolve any technical problems which, if deemed by Modem Madness, in its sole and absolute discretion, to be irresolvable and not in any way related to Member’s personal property, they may cancel Service without any penalty and receive a full refund. After this period has expired, Member will be refunded according to normal refund policies. If Member wishes to cancel, they must inform Modem Madness of their intent to cancel by the last day of their billing cycle. Once charges have been incurred or paid by Member for a billing cycle, Modem Madness will consider the account to be active for the new billing cycle and Member may not be refunded for the first month of the cycle regardless of usage on the account.
Refunds
Refunds are available to Members paying for Service on a quarterly, biannual, or annual basis. If Member cancels their account after the initial ten-day period it will be converted to a monthly account for billing purposes. This is calculated as the initial payment minus (-) $19.95 times (x) the number of months in which account has usage in the then current billing cycle. If Modem Madness determines in its sole discretion that extenuating circumstances exist, it reserves the right to issue a refund to a Member who does not meet the criteria set forth herein. Any such actions shall not constitute a change to the provisions set forth herein nor guarantee similar future performance.
Age Requirement
Member setting up account maintains they are at least eighteen (18) years of age. Member also understands there to be content available through the Service that is out of the control of Modem Madness, and may not be suitable for access by persons under the age of 18. Member understands the content of the Internet to be unedited in many cases and that Modem Madness accepts no responsibility whatsoever for any access by Member or minor in the care of Member to this material.
Warranty Disclaimer
Modem Madness grants Member a non-exclusive, non-transferable right to access, use and display Service on any computer(s) of which Member is the primary user. Unlimited access does NOT entitle Member to a full time or dedicated connection. Service is provided on an “AS IS” AND “AS AVAILABLE” BASIS. NO WARRENTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MODEM MADNESS, IT’S EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE EMPLOYEES, SHALL CREATE A WARRANTY OF ANY TYPE. It is also understood that Member may be subject to Terms of Service or the like for other services purchased from Modem Madness or any other services available through Service provided by Modem Madness.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MODEM MADNESS, ITS EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL THAT ARE A RESULT OF MEMBER’S USE OF THE SERVICE, THEIR INABILITY TO USE THE SERVICE, OR THEIR ABILITY OR INABILITY TO ACCESS OR USE ANY SERVICES OR PRODUCTS AVAILABLE THROUGH THE SERVICE PROVIDED BY MODEM MADNESS. MODEM MADNESS SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY DAMAGE TO PROPERTY OF ANY KIND BELONGING TO MEMBER, OR HARM, PHYSICAL OR OTHERWISE, TO MEMBER OR ANY PERSON GRANTED ACCESS TO THE SERVICE BY MEMBER.
Indemnification
Member agrees to hold harmless and indemnify Modem Madness, its employees, affiliates, contractors, licensors, and any of their respective employees against any claim, loss, judgment, damage or expense incurred without limitation to attorney’s expenses or fees incurred by Modem Madness, its employees, affiliates, contractors, licensors, and any of their respective employees due to authorized or unauthorized use of Member’s account or access to Service, willful misconduct or breach of this Terms of Service agreement, negligence, including but not limited to claims, liabilities, losses, damage, judgment and expense which may arise out of such actions. Member shall notify Modem Madness of any obligations it may incur due to these or any other actions.
Technical Support
Modem Madness will provide technical support to Member during regular business hours. The scope of this support reaches only so far as to address technical problems preventing access by Member to the Service. Member understands that not all technical problems may be addressed by telephone, including but not limited to viruses, spyware, adware, or any other software or hardware problems that Member’s computer may have. Member understands that Modem Madness will work to resolve problems to the fullest, commercially reasonable extent, but also understands some problems may require the attention of a technician. Modem Madness will not under any circumstances be responsible for costs incurred or damage of any kind caused to Member by the performance of a computer technician not authorized by Modem Madness.
Telephone Charges
Member is responsible for any and all telephone charges that may be knowingly or unknowingly billed to Member as a result of their use of the Service. While Modem Madness may from time to time advise Member with regard to local access numbers available in Member’s particular location, it is ultimately the responsibility of member to verify the status of the telephone number used to access the Service with their local telephone company.
Prohibitions
Member will not at any point use the Service in a way that is prohibited by any law or regulation or to facilitate the violation of any law or regulation.
Member will not use the Service in any way to disrupt the quiet enjoyment of others.
Member will not at any time operate a web server, mail server, or other similar equipment utilizing the Service without prior written consent of Modem Madness.
Member will not use the service to send large quantities of email, unsolicited or otherwise by way of Modem Madness email servers or in any way which implicates or harms the image of Modem Madness in the marketplace.
Member will not attempt through any means to hack, exploit, or destabilize in any way Modem Madness’ network or equipment or those of any party accessed through the Service.
Confidentiality
Member understands that any information transmitted through use of the Service in general is not confidential. Modem Madness makes no guarantee of privacy to any Member and reserves the right to from time to time monitor the usage of Member if in the sole and absolute discretion of Modem Madness it is deemed necessary.
Backup
Member understands that Modem Madness does not at any point in time guarantee backup of email or any other information stored on Modem Madness’ network with regard to any Member.
Purchases
If Member wishes to at any time purchase goods, services, or anything else through use of the Service, it is solely Member’s responsibility to verify the authenticity and intentions of any particular vendor. Modem Madness does not guarantee such actions to be secure and will under no circumstances be held liable for any fraud, theft or any damages, liabilities, claims, or judgments brought about by Member’s purchase or attempted purchase through use of the Service.
Failure to Comply
If at any point in time Member fails to comply with any of the terms set forth herein, Modem Madness reserves the right to terminate Service provided to Member without issuance of a refund for any unused access. Member will also be held liable for any damages, direct or indirect, financial or otherwise incurred by Modem Madness for any harm caused due to a failure to comply with these Terms of Service.
Privacy Policy
Modem Madness agrees that all information provided by Member (including but not limited to name, address, phone number, password, checking and/or credit card and email address) will remain confidential. Such information may be viewed only by Modem Madness staff members. Modem Madness reserves the right to make such information available under extenuating circumstances to appropriate medical/law enforcement personnel as deemed necessary by staff. Modem Madness also reserves the right to use information for internal marketing purposes at any time deemed appropriate by staff. In addition, Modem Madness also RESERVES THE RIGHT TO MAKE ALL PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO USAGE HISTORY, AVAILABLE TO CONTACTS OR REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES UPON REQUEST OF SUCH AGENCIES or for collection purposes.
Agreement Flexibility
Modem Madness reserves the right to make exception to terms of this agreement without formally altering its policies. Such variations in no way constitute a change to this Terms of Service agreement and make absolutely no guarantee of future performance to the same effect.
Changes to this Agreement
Modem Madness reserves the right to from time to time revise the terms of this agreement. Modem Madness will provide notice on its homepage (www.madbbs.com) under the system news section at least thirty days prior to the effective date of the changes. If Member does not agree with terms of the new agreement, it is their sole responsibility to cancel their account with Modem Madness. If Member’s account is not cancelled before the effective date of the new Terms of Service agreement, they signal their agreement to the new terms and will be bound by them.
Remedies
Member’s sole remedy regarding disputes with regard to the terms of this agreement will be to cancel their account immediately.
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