MICHIGAN CONNECT, LLC. DBA FastNet USA Terms of Service
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MICHIGAN
CONNECT, LLC. DBA FastNet USA® 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.
You understand that you may access both MICHIGAN CONNECT, LLC. DBA
FastNet USA® and the Internet in general through the Service.
You understand further that, except for information, products or
services clearly identified as being supplied by MICHIGAN CONNECT,
LLC. DBA FastNet USA®, neither MICHIGAN CONNECT, LLC. DBA FastNet
USA® nor any of its affiliates operates or controls any information,
products or services on the Internet in any way and that, except
for such MICHIGAN CONNECT, LLC. DBA FastNet USA ® - identified
information, products or services, all merchandise, information
and services offered or made available or accessible through MICHIGAN
CONNECT, LLC. DBA FastNet USA® or on the Internet generally
are offered or made available or accessible by third parties who
are not affiliated with MICHIGAN CONNECT, LLC. DBA FastNet USA®
or its affiliates.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of MICHIGAN
CONNECT, LLC. DBA FastNet USA® and the Internet. Neither, MICHIGAN
CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® 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. MICHIGAN CONNECT, LLC.
DBA FastNet USA® has no control over and accepts no responsibility
whatsoever for such materials. You understand further, that any
"unlimited use" membership that MICHIGAN CONNECT, LLC.
DBA FastNet USA® 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. All accounts
may only have as many concurrent logins as their plan allows. All
standard access plans allow one connection to the Internet at a
time. Connections are defined as the use of one MICHIGAN CONNECT,
LLC. DBA FastNet USA modem or ISDN channel.
No Service Warranties The service is provided on an "as is"
and "as available" basis without warranties of any kind,
either express or implied, including but not limited to warranties
of title, non-infringement or implied warranties of merchantability
or fitness for a particular purpose. No advice or information given
by MICHIGAN CONNECT, LLC. DBA FastNet USA®, its affiliates,
resellers or its contractors or their respective employees shall
create a warranty. Neither MICHIGAN CONNECT, LLC. DBA FastNet USA®
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 MICHIGAN CONNECT, LLC. DBA FastNet
USA®, its affiliates, resellers 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 MICHIGAN CONNECT, LLC.
DBA FastNet USA® 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.
MICHIGAN CONNECT, LLC. DBA FastNet USA® has no obligation to
monitor the Service. However, you agree that MICHIGAN CONNECT, LLC.
DBA FastNet USA® 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. MICHIGAN
CONNECT, LLC. DBA FastNet USA® will not intentionally monitor
or disclose any private electronic-mail message unless required
by law.
MICHIGAN CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® policy
for any user of any of these services to effect or participate in
any of the following activities through and MICHIGAN CONNECT, LLC.
DBA FastNet USA® - 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 emailing provoke complaints
from the recipients; To engage in any of the foregoing activities
using the service of another provider, but channeling such activities
through an MICHIGAN CONNECT, LLC. DBA FastNet USA® account or
remailer, or using a MICHIGAN CONNECT, LLC. DBA FastNet USA®
account as a maildrop for responses; To falsify user information
provided to MICHIGAN CONNECT, LLC. DBA FastNet USA® or to other
users of the service in connection with use of MICHIGAN CONNECT,
LLC. DBA FastNet USA® service.
MICHIGAN CONNECT, LLC. DBA FastNet USA® 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, MICHIGAN CONNECT, LLC. DBA FastNet USA®'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 MICHIGAN CONNECT, LLC. DBA
FastNet USA® services.
A CHARGE OF $15.00 PER COMPLAINT, AS A RESULT OF UNSOLICITED E-MAIL
SENT ON OUR NETWORK OR FROM ANOTHER NETWORK BUT DIRECTED TO A WEB
SITE HOSTED ON OUR NETWORK, WILL BE BILLED TO THE CHARGE CARD OR
CHECKING ACCOUNT OF THE OFFENDER, without notice and you agree to
this charge by signing up for and using any of our services.
This policy is for regular cutomers, resellers, or corporate partners.
We will not toloerate any form of SPAM ABUSE. If the offending party,
reseller, or corporate party does not pay the fine all service will
be interupted until such said fine is PAID IN FULL, THERE ARE NO
EXCEPTIONS TO THIS POLICY, SO DONT ASK FOR ANY EXCEPTIONS, as they
will not be given.
In addition, MICHIGAN CONNECT, LLC. DBA FastNet USA® reserves
the right, where feasible, to turn off the offending, customer ,
reseller or corporate partner and we reserve the right to implement
technical mechanisms which block multiple postings as described
above before they are forwarded. This policy addresses all kinds
of network abuse specifically and not only the abuses enumerated
above. In addition to these activities, MICHIGAN CONNECT, LLC. DBA
FastNet USA® 's terms and conditions of service also prohibit
other forms of abuse such as harassment and the posting of illegal
or unlawful materials, and MICHIGAN CONNECT, LLC. DBA FastNet USA®
will respond as appropriate to these other activities as well. Consumer
Information You understand and agree that MICHIGAN CONNECT, LLC.
DBA FastNet USA® 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 MICHIGAN CONNECT,
LLC. DBA FastNet USA® may deny you access to all or part of
the Service without notice if you engage in any conduct or activities
that MICHIGAN CONNECT, LLC. DBA FastNet USA® in its sole discretion
believes violates any of the terms and conditions in this Agreement.
If, MICHIGAN CONNECT, LLC. DBA FastNet USA® denies you access
to the Service because of such a violation, you shall have no right
(1) to access through MICHIGAN CONNECT, LLC. DBA FastNet USA®,
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 MICHIGAN CONNECT, LLC. DBA FastNet USA®, and
MICHIGAN CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA
FastNet USA® 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.
MICHIGAN CONNECT, LLC. DBA FastNet USA® '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. MICHIGAN CONNECT, LLC.
DBA FastNet USA® 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
MICHIGAN CONNECT, LLC. DBA FastNet USA® with respect to the
Service. You understand that you may access both MICHIGAN CONNECT,
LLC. DBA FastNet USA® and the Internet in general through the
Service. You understand further that, except for information, products
or services clearly identified as being supplied by MICHIGAN CONNECT,
LLC. DBA FastNet USA®, neither MICHIGAN CONNECT, LLC. DBA FastNet
USA® nor any of its affiliates, resellers or corporate partners
operates or controls any information, products or services on the
Internet in any way and that, except for such MICHIGAN CONNECT,
LLC. DBA FastNet USA® - identified information, products or
services, all merchandise, information and services offered or made
available or accessible through MICHIGAN CONNECT, LLC. DBA FastNet
USA® or on the Internet generally are offered or made available
or accessible by third parties who are not affiliated with MICHIGAN
CONNECT, LLC. DBA FastNet USA® or its affiliates.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of MICHIGAN
CONNECT, LLC. DBA FastNet USA® and the Internet. Neither, MICHIGAN
CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® 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 MICHIGAN CONNECT, LLC. DBA FastNet USA® 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. MICHIGAN CONNECT, LLC.
DBA FastNet USA® has no control over and accepts no responsibility
whatsoever for such materials.
You understand further, that any "unlimited use" membership
that MICHIGAN CONNECT, LLC. DBA FastNet USA® 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.
All accounts may only have as many concurrent logins as their plan
allows. All standard access plans allow one connection to the Internet
at a time. Connections are defined as the use of one MICHIGAN CONNECT,
LLC. DBA FastNet USA modem or ISDN channel.
You also understand and agree that MICHIGAN CONNECT, LLC. DBA FastNet
USA will not be held liable if you sign up for a Dial Up Account
without first checking to see if we have a Local Phone Number in
your area, you also agree that MICHIGAN CONNECT, LLC. DBA FastNet
USA will not be held liable for any charges you may incurr from
your phone company if you choose to dial into a phone number that
is not local to you, and you are billed for these calls by your
phone company. MICHIGAN CONNECT, LLC. DBA FastNet USA WILL NOT REFUND
ANY MONEY to any customer that signs up for service and realizes
after they have signed up that MICHIGAN CONNECT, LLC. DBA FastNet
USA does not have a local phone number for them in their area. It
is the responsabilty of the customer to check for a local phone
number before signing up for any dial up services we offer.
All Ameritech Phone customers may check to see if a phone number
we offer is local to them by going to http://www.ameritech.com and
clicking on Internet Tools. This will tell you if a number we offer
is local and whether or not you will be billed for dialing that
phone number in question.
REFUNDS MICHIGAN CONNECT, LLC. DBA FastNet USA, LLC. wiil not issue
refunds for the set up charges if a customer decides after accessing
the service more than at least once, and then decides they do not
wish to use the service.
MICHIGAN CONNECT, LLC. DBA FastNet USA, LLC. will not issue a credit
for the monthly service charge in a prorated amount if the cusotmer
cancels the service after siging up for the service and decides
to cancel for any reason.
There will be no exceptions to this policy for any reason, due to
the expense MICHIGAN CONNECT, LLC. DBA FastNet USA, LLC. incurs
by setting the customer up at our network operation center.
ALL CANCELLATIONS MUST BE IN WRITING NO EXCEPTIONS !!!!! EMAILS
WILL NOT BE ACCEPTED YOU MUST WRITE A LETTER THIS INCLUDES: FAX,
US POSTAL SERVICE LETTER.
OUR
FAX NUMBER IS: 810-396-6072
Our
mailing address for cancellations is:
Michigan
Connect, LLC. PO BOX 63 Grand Blanc, MI 48439
CANCELLATIONS
All
cancellations require a 30 day notice upon cancelling, IN WRITING
NO EXCEPTIONS. When you write to cancel your account will be active
for 30 days from the day you cancel the service and you will be
billied for this 30 days, NO EXCEPTIONS. So if you cancel on the
1st of the month your account is terminated the first of the following
month. Please call 30 days before you need the account turned off
in order to avoid any billing errors.
ACCOUNT
OVERAGES
MICHIGAN
CONNECT, LLC. DBA FastNet USA® will charge for all overages
that your account incurs without warning. It is the customers responsibility
to watch their account for web hosting, dedicated hosting server,
internet access account and any other account which can and will
use disk space and or bandwidth. The charge for these overages are
as follows: .25 cents for every megabit of disk space over your
hosting package allowance, and $5.00 for every gigabit of bandwidth
usage over your hosting plan allowance. There will be no exceptions
to this term and the charges will appear without warning on your
account credit card or checking account. Non payment of overages
can suspend your account and cause service interruption, this can
also incur a turn off and or turn on fee if your account is disabled
or supsended for non payment of overage fees.
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