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...Internet Access
Agreement
1) Introduction
I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein,
EZN1 Internet Service shall provide me (the Subscriber) with certain Internet
access and/or web site hosting services (the Network). By accessing the
Internet through EZN1 Internet Service and its affiliates Networks,
I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly
accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and
I agree to be
bound thereby.
I UNDERSTAND THAT EZN1 INTERNET SERVICE RESERVES THE RIGHT TO TERMINATE
THIS ACCOUNT AT ANY TIME,
FOR ANY REASON.
2) Provision of
Services/Access
I understand and agree that I am fully responsible for the use of the Networks
by me or by anyone whom I permit to use my account
, and that EZN1 Internet Service reserves the right to terminate my account
at any time, for any reason.
EZN1 Internet Service will provide me with analog or digital access to
the Internet,
depending upon the rate plan selected,
subject to conditions generally beyond the control of EZN1 Internet Service,
including, but not limited to,
the type and condition of the equipment (personal computer, modem, etc.)
I have.
I understand that simultaneous, multiple logins under the same login identification
are not allowed.
I understand that the Networks may be temporarily unavailable or limited
because of capacity limitations and may be temporarily interrupted or curtailed
due to equipment modifications, upgrades, relocations, repairs,
and similar activities necessary for the proper operation of Networks,
as well as conditions of the Internet beyond EZN1 Internet Service control.
3) My Obligations As A Customer
a) I understand
that I am responsible for determining if a KA Services phone number is
within my local calling area, and for any long distance charges I may incur in
connecting to their networks.
b) I understand that I may cancel my
account at any time, but that I am responsible for the entire monthly charge in
the month in which I cancel, in addition to any additional usage charges
accrued though the day I cancel.
c) I understand that KA Services may
change its prices from time to time, and that I will be provided with at least
10 days written or electronic mail notice of any such changes.
d) I
understand that I can not use or permit other users to use the Network in
ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of KA Services Network or other networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property
rights of others; or
v) otherwise violate the policies referenced in this
Agreement.
e) I understand that I must comply with U.S. export laws
concerning the transmission of technical data and other regulated materials via
the Network (i.e., data encryption software).
4)
Security
I understand that the information available through
the KA Services Network or other interconnecting networks may not be accurate,
including the content displayed on my PC’s desktop.
I
understand that some of the information available through KA Services
Network or other interconnecting networks may be intended for adult audiences.
I understand that internet communications are not secure, and may be
subject to interception or loss.
I understand that KA Services makes
no warranties of any kind, whether expressed, implied, or statutory concerning
either the security of data and/or information or its accuracy available through
the KA Services Network, or other interconnecting networks.
5) Term
and Termination
I agree that this Agreement becomes effective upon registration of my login identification
name
and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement.
I further acknowledge that this Agreement shall continue in effect for
consecutive additional terms following
the Initial Term until either Party gives the other party online notice
or other notice of termination
at least ten (10) calendar days prior to the expiration of the then-current
term.
I understand that EZN1 Internet Service reserves the right to terminate my account
at any time,
for any reason, including, but not limited to, my failure to abide by the terms of this agreement
or my failure to pay any fees or charges when due.
If my account is deactivated, I understand that I may be required to pay reactivation charges
and a prepaid deposit in order to reactivate my account.
If my account remains inactive for a period exceeding thirty (30) days
consecutively,
I understand my account may be deleted.
If my deleted account includes content stored on EZN1 Internet Service
servers, anything stored therein will also be deleted.
I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings
and mass advertising, or posting to inappropriate newsgroups,
may cause severe operating difficulties for EZN1 Internet Service, and
would likely be a cause for termination of my account.
I agree to abide at all times by the EZN1 Internet Service current Usage Policies
6)
Pricing/Payments/Credits
If I have given my credit card number to Real Easy Internet Service or
it's affiliated billing services,
I understand that charges will be automatically billed to my credit card each month for the basic service fee
and any additional usage fees.
I expressly authorize this automatic billing by EZN1 Internet Service and
I understand that
Real Easy Internet Service monthly billing cycle runs from the date of
registration to the same date the following month.
I agree and understand that I will be billed for the next month’s basic
service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month.
I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date.
I understand and agree that EZN1 Internet Service shall not be responsible for any charges or
expenses that I may incur resulting from overdrawing my bank account or
exceeding my credit card limit as a result of an automatic charge
generated by EZN1 Internet Service pursuant to this authority.
I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service.
I understand there will be no prorating for Service in either the first
or last months of Service.
7) Disclaimer And
Limitation Of Liability
I understand
that the use of my EZN1 Internet Service account, and any data or information accessed using that account,
will be completely at my own risk. I understand that the cumulative liability
of EZN1 Internet Service
for any and all claims relating to the services provided by EZN1 Internet
Service, in contract, tort, or otherwise,
shall not exceed that total amount of the basic service fees paid to EZN1
Internet Service for services within the preceding three months. I agree
that EZN1 Internet Service shall have no liability for any consequential,
indirect, special or incidental damages regardless of the success or effectiveness
of other remedies.
EZN1 INTERNET SERVICE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE
OF EQUIPMENT OR SERVICES,
FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL
EZN1 INTERNET SERVICE BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR
CREATED BY SUBSCRIBER'S OR ITS AUTHORIZED USERS’ EQUIPMENT.
SUBSCRIBER HEREBY RELEASES REAL EASY INTERNET SERVICE FROM LIABILITY ARISING
FROM ANY CONTENT ACCESSED VIA THE NETWORK. REAL EASY INTERNET SERVICE PERFORMANCE
UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL
ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL. EZN1 INTERNET SERVICE SHALL NOT BE LIABLE
IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR
ALTERATION OF SUBSCRIBER'S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE
OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL EZN1 INTERNET SERVICE
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS
OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF EZN1 INTERNET
SERVICE FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING
NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT
OF THE BASIC SERVICE FEES PAID TO EZN1 INTERNET SERVICE FOR SERVICES WITHIN
THE PRECEDING ONE MONTH.
EZN1 INTERNET SERVICE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER
EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES
OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY
AND ANY OTHER WARRANTY IMPLIED BY LAW.
8) Law And
Jurisdiction
I
understand and agree that the laws of the State of
Michigan govern this Agreement and my EZN1 Internet account.
I expressly agree that exclusive jurisdiction for any claim or dispute
with EZN1 Internet Service or relating in any way to my account or my use
of EZN1 Internet Service resides in the courts of Michigan. I further agree and expressly consent
to the exercise of personal jurisdiction in the courts of Michigan in connection with any such dispute, including any claim involving
EZN1 Internet Service or its affiliates, subsidiaries, employees, contractors,
officers, or directors.
.
9) Indemnity
I
agree to defend, indemnify and hold EZN1 Internet Service and all of its affiliates
harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys' fees, related to
or arising from, any violation of this agreement by me
or those who access the Network through my account, or the use of the Network
or the Internet whether or not I have knowledge
of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior.
I agree to indemnify EZN1 Internet Service along with any and all parties
from whom EZN1 Internet Service obtains network services, and to hold them
harmless from any claims resulting from the use of the Network or Networks
by me or any authorized users that damage another party or that violate
the law.
10) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published
EZN1 Internet Service Usage Policies
(incorporated herein by reference as if fully set out) represents the complete
agreement between EZN1 Internet Service and myself with respect to the
subject matter of this Agreement, and supersedes any other written or oral
agreement.
I
understand and agree that EZN1 Internet Service may amend or modify this agreement and/or the
EZN1 Internet Services Usage Policies, or impose new conditions at any
time. Any use of EZN1 Internet Service Network or Affiliated Networks subsequent
to any changes or amendments shall be deemed to constitute acceptance by
me of the then-current service agreement (including any amendments, modifications
or new conditions) as published and made available via a link on the EZN1
Internet Service home page.
11) REAL EASY INTERNET SERVICE Disconnect Policy
EZN1 Internet Service reserves the right to disconnect a dial-up account
after 20 minutes of inactivity,
as detected by EZN1 Internet Service through electronic means.
This time is approximate and subject to change without notice at EZN1 Internet
Service sole discretion.
Electronic or mechanical means to avoid an inactivity disconnect are strictly
prohibited. Electronic or mechanical means include,
but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection
or repeatedly checking for e-mail by autolog-in to the mail server.
EZN1 Internet Service reserves the right to electronically audit connections
to enforce the above requirements.
EZN1 Internet Service reserves the right to disconnect a dial-up account
after 4 hours of continuous connect time.
This time is approximate and subject to change without notice at EZN1 Internet
Service sole discretion.
EZN1 Internet Services reserves the right to electronically audit connections
to enforce the above requirements.
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.Acceptable Use
Policy
Intent and
Scope
The purpose of this Acceptable Use Policy (AUP) is to inform our customers of our expectations regarding their use of the Internet through the EZN1 Internet Service Network. It is binding on all resellers and end-users
of the EZN1 Internet Service Network. This policy should be read in conjunction with
the
EZN1
Internet Service Internet Access Agreement,
and all other published EZN1 Internet Service policies.
Notice Any Violation(s) of This Acceptable Use Policy Will
Result In Immediate Suspension or Termination of Your Account.
Illegal Use of EZN1 Internet Service Network:
EZN1 Internet Service neither censors nor precludes any content passing through
its network.
However, EZN1 Internet Service will not allow any user to use the EZN1 Internet Service Network or
Affiliated Networks in a manner that is illegal, or infringes on the rights of others.
EZN1
Internet Service will cooperate with legal authorities in the investigation
of any suspected criminal or civil infringements.
The following
are examples of unacceptable
use:
Fraud:
Fraud is making a knowing
misrepresentation or misleading statement, writing or activity with the intent
that the person receiving it will act upon it.
Child
Pornography:
[18 U.S.C § 2256] defines
child pornography as any visual depiction, including any photograph, film,
video, picture, or computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of sexually explicit
conduct, where (A) the production of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; (B) such visual depiction is, or
appears to be, of a minor engaging in sexually explicit conduct; (C) such visual
depiction has been created, adapted, or modified to appear that an identifiable
minor is engaging in sexually explicit conduct; or (D) such visual depiction is
advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a
minor engaging in sexually explicit conduct.
Such visual
depictions are illegal to possess, produce, receive, transport or distribute by
any means, including computer.
Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property
Rights:
The Digital Millennium Copyright Act [17 U.S.C. § 512(c)] sets forth our
responsibilities and duties as an ISP. The act requires us to take down
any content on our servers that is properly alleged to be a copyright infringement,
and we can only restore the content upon receipt of proper counter-notice.
To notify us of a suspected infringement please contact our Infringement
Notification Department.
Illegal Software Exportation:
All users must comply with
U.S. export laws concerning the transmission of technical data and other
regulated materials via the KA Services Network (i.e., data encryption
software).This list is representative of prohibited activities and is not all
inclusive.
Network Resource Usage:
EZN1 Internet Service will not tolerate any conduct that constitutes invasions
of privacy, or otherwise compromises
the security of our users, our Network or its resources. Such acts include,
but are not limited to:
Hacking/Violation of
Privacy/Unauthorized Use:
Attempting to access the
accounts of others;
Penetrating or attempting to penetrate security measures
of other computer systems,
whether or not the intrusion results in
corruption or loss of data; actual or attempted unauthorized entry and/or use of
another company’s and/or individual’s computer system.
This list is
representative of prohibited activities and is not all inclusive of future
violations. Any of the above acts, or similar acts will result in immediate
termination of your service.
Third Party
Liability:
All EZN1 Internet Service subscribers and any third parties using their EZN1 Internet Service access account
are responsible and accountable for any activity that violates this Acceptable
Use Policy.
Disclaimer:
EZN1
Internet Service does not assume liability for our subscribers violation(s) of this policy.
EZN1 Internet Service reserves the right to make changes to this policy without
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Privacy Policy
We are committed to protecting your privacy while you are connected to
the Internet.
This policy outlines how EZN1 Internet Service handles information you to us,
as well as facts you need to know to protect your privacy during your online
experience.
We hope that this policy demonstrates our commitment to you and your experiences
on the Internet.
Please read this Privacy Policy carefully.
Remember that no network systems or computers are completely secure.
We do not guarantee the security of data on the Internet, including "secure"
servers.
Use your own common sense. In many cases, the same rules that apply to
everyday life apply to the Internet.
EZN1 INTERNET SERVICE Customer Information
EZN1 Internet Service collects and stores customer information in many ways:
We will use the
information for the following purposes:
Disclosure:
EZN1 Internet Service will not sell, trade, or disclose to third parties your
customer information
derived from the registration for or use of an EZN1 Internet Service online service
including customer names and addresses without your consent.
When EZN1 Internet Service uses others to perform services on its behalf,
EZN1 Internet Services will ensure that the company protects your customer
information consistent with this Policy.
If EZN1 Internet Service includes your name and any other customer information
in a customer directory
that EZN1 Internet Service creates from information we receive as an online service provider,
we will give you the opportunity to opt out of participation in that directory.
Business directories that EZN1 Internet Service creates may, however, contain information obtained from
other sources.
Customer
Choice:
You may choose not to receive direct marketing communications from EZN1 Internet Service in connection
with EZN1 Internet Internet online services. You may communicate that choice by e-mail.
Usage Data:
EZN1 Internet Service servers automatically gather information about which
sites customers visit on the Internet
and which pages are visited within a EZN1 Internet Service Web Site.
We do not use that information except in the aggregate.
Security:
EZN1 Internet Service has implemented technology and security features and strict policy guidelines
to safeguard the privacy of our customer's information from unauthorized
access or improper use,
and we will continue to enhance our security procedures as new technology
becomes available.
Improper
Conduct:
EZN1 Internet Service may also use customer identifiable information to investigate
and help prevent potentially
unlawful activity or activity that threatens the network or otherwise violates
the customer agreement for that service.
Please Remember
That You May Become the Target of Spam as a Result of Electronically Registering a Product
Signing Up For Product Updates or Otherwise Opting in to an E-Mail list.
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