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.
Acceptable Use of Intouch Internet Services, Inc.
You understand that you may access both Intouch Internet Services, Inc. and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Intouch Internet Services, Inc., neither Intouch Internet Services, Inc. nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that, except for such Intouch Internet Services, Inc. - identified information, products or services, all merchandise, information and services offered or made available or accessible through Intouch Internet Services, Inc. or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Intouch Internet Services, Inc. or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of Intouch Internet Services, Inc. and the Internet. Neither, Intouch Internet Services, Inc. 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 Intouch Internet Services, Inc. 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 Intouch Internet Services, Inc. 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. Intouch Internet Services, Inc. has no control over and accepts no responsibility whatsoever for such materials.
You understand further, that any "unmetered use" membership that Intouch Internet Services, Inc. may offer to you, is for time used by you and you alone. The "unmetered usage" plans are not a dedicated connection to the Service and/or the Internet. "Unmetered" is defined as a flat rate plan that does not charge hourly charges or overtime fees to use The Service. All standard accounts are subject to session limits of 12 hours, and an idle limit of 1/2 hour. Intouch Internet Services, Inc. reserves the right to adjust these limits, in it's sole discretion, as it sees fit. These limits are put into place to prevent, whether intentional or accidental, connections to the Service which are not actively being used. The intention of this is to allow everyone a fair and equal chance to use the Service. 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 Intouch Internet Services, Inc. modem or ISDN channel.
If your Internet needs dictate a "Dedicated" 24/7 connection to the Service and/or the Internet, Intouch Internet Services, Inc. does offer such accounts, from Dedicated analog modem accounts, up to and including T-1 and T-3 Dedicated connections to the Internet. Please contact your local Intouch Internet Services, Inc. representative for more information. Additional charges may apply for a "Dedicated" type account.
The Service reserves the right to monitor usage activity of it's modem equipment, mail, web and other related servers, and bandwidth use. The Service further reserves the right to charge additional fees and/or change the account to a 'dedicated' type account if it is found that the acceptable use of the plan is being continually violated. Violations include using automated systems such as 'auto-redialers', 'ping programs', commercial web or mail servers, or any other automated means used to defeat the limit timers, and keep the modem connection in use when the end user is not actively using The Service.
Warranty of Service
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 Intouch Internet Services, Inc., its affiliates or its contractors or their respective employees shall create a warranty. Neither Intouch Internet Services, Inc. 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 Intouch Internet Services, Inc., its affiliates, 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 Intouch Internet Services, Inc. in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
Charges incurred while using Intouch Internet Services, Inc.
While accessing The Service, Intouch Internet Services, Inc. will not be held responsible for any charges resulting from:
Long distance charges incurred while accessing The Service. Both parties agree that The Service has no control over the telephone company, or the end user's computer. While we do try to provide assistance in choosing a local number via lists on our web site, or software distributed by Intouch Internet Services, Inc., it is the end user's sole responsibility to ensure that number that they are dialing is indeed local. The best way to do this is to contact your local telephone service provider.
Charges incurred from any transactions, communication, etc. with other persons on the Internet, or any fraud, theft, loss, etc. that may have initiated from a transaction via The Service.
Payment Authorization
You agree to authorize Intouch Internet Services, Inc. to process any payments made by you whether in paper form or electronically using any means we so choose. This includes our ability to convert your paper check into an electonic transaction. It also agreed that shall your account become delinquent in its billing status and/or you fail to make final payment upon termination of your account, Intouch Internet Services, Inc. may, at our sole discretion, attempt to obtain payment by electronic means using any credit card, debit card, or checking account that you have previously used for making payment to us in the past.
Both parties agree that The Service has no control over:
Content on the Internet
Business practices of any organization conducting business online.
Both parties finally agree that the End User will assume all risk, liability, and/or miscellaneous costs incurred associated with their access of the Internet via The Service. The Internet is a vast source of information, freedom of expression, and personal expression, and it is the intention of The Service not to filter or otherwise inhibit the end user's access to such information. Along with unrestricted access does come the end user's responsibility to use the service in a responsible manner.
Purchasing Goods and Services Online
If you wish to make purchases of goods and/or services online using 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.
When purchasing goods or services online, Intouch Internet Services, Inc., it's affiliates, or it's contractors will not be held responsible for any misrepresentation, theft, etc. of credit card or any other personal information by another party. YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of Intouch Internet Services, Inc. and the Internet to perform such transactions online. While online credit card processing is generally a safe practice, you should exercise the same caution, and do the same background research to ensure the legitimacy of the company, just as you would with any other mail order company, phone order company, or any other product or service that is not bought face to face.
Annual Rate Discount Agreement
It is common for Intouch Internet Services, Inc. to offer specially discounted rates to our customers who wish to prepay for our services in annual increments. These specially discounted rates are only valid for customers who purchase and maintain the associated services for the designated (annual) service commitment term. Please refer to the Service Termination Policy for more detailed information.
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 right holder; 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.
Intouch Internet Services, Inc. has no obligation to monitor the Service. However, you agree that Intouch Internet Services, Inc. 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. Intouch Internet, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Intouch Internet Services, Inc. reserves the right to refuse to post, monitor, or to remove any information, communication, or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Spamming Policy
Intouch Internet Services, Inc. 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 Intouch Internet Services, Inc. policy for any user of any of these services to effect or participate in any of the following activities through Intouch Internet Services, Inc. provided services:
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 (2) 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 Intouch Internet Services, Inc. account or remailer, or using a Intouch Internet Services, Inc. account as a maildrop for responses;
To falsify user information provided to Intouch Internet Services, Inc. or to other users of the service in connection with use of Intouch Internet Services, Inc. service.
Intouch Internet Services, Inc. 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, Intouch Internet Services, Inc.'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 Intouch Internet Services, Inc. services.
In addition, Intouch Internet Services, Inc. reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Intouch Internet Services, Inc. 's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Intouch Internet Services, Inc. will respond as appropriate to these other activities as well.
Failure to Comply with Terms and Conditions
Intouch Internet Services, Inc. may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Intouch Internet Services, Inc. in its sole discretion believes violates any of the terms and conditions in this Agreement. If, Intouch Internet Services, Inc. denies you access to the Service because of such a violation, you shall have no right (1) to access through Intouch Internet Services, Inc., 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 Intouch Internet Services, Inc., and Intouch Internet Services, Inc. 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 Intouch Internet Services, Inc. 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.
Intouch Internet Services, Inc. '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.
Intouch Internet Services, Inc. may modify this Agreement from time to time by placing a revised copy of this agreement on the Intouch Internet Services, Inc. website, under the 'Members' section, 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' section regularly, and this document in particular, 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 Intouch Internet Services, Inc. with respect to the Service.
Revision: 04/01/2008
