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MICHIGAN CONNECT, LLC. DBA FastNet USA Terms of Service

 

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.