Terms and Conditions
Action Communications Internet Access and its various services (the "Services") are offered to you (the "subscriber" or "user") subject to rules governing the use of and access to its computer system (the "System") and related services. By subscribing to and using Action Communications or any Services, you agree to pay all applicable fees and abide by this agreement and it's applicable rules, as they now exist and as they may be amended in the future. To subscribe to this Service, you must be at least 18 years of age. If the rules change in some way that you find unacceptable, you are free to terminate your membership at any time. Your rights as a subscriber under this agreement are not transferable to any other person or entity. Action Communications SYSTEM ADMINISTRATORS RESERVE THE RIGHT TO MONITOR ALL ACTIVITY ON Action Communications.
As of January 1, 2000 all non-dedicated dialup accounts are permitted to use 'Unlimited Internet' as defined above.
I. CONFIDENTIALITY
Action Communications will work to protect the confidentiality of electronic mail exchanged over the system subject to a reservation of its right to access and disclose any message on the system for the purpose of providing the service or to protect the security of the system or the rights or property of Action Communications. Except as expressly provided herein or as required by law, Action Communications will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.
Action Communications may use for its own purposes non-public information regarding system use by its subscribers (other than private electronic mail) and any information regarding the contents of public postings. Action Communications will not reveal to any third party, including other subscribers, any detailed, non-public information that identifiably discloses any subscriber's specific use of the system, unless the subscriber has received advance notification the type of information involved will be disclosed or unless such disclosure is required to operate the system or by authorized demands of law enforcement authorities or by court order compelling disclosure of information within Action Communications's control.
II. LIMITATION OF LIABILITY
Action Communications DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED BY, OR THE INFORMATION OR SOFTWARE CONTAINED ON, THE SYSTEM WILL MEET THE MEMBER'S REQUIREMENTS OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. Action Communications IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Action Communications DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED BY OR VIA Action Communications. AS A SUBSCRIBER YOU SHOULD UNDERSTAND THAT Action Communications PROVIDES NO WARRANTY CONCERNING THE ACCURACY OF ANY INFORMATION FOUND ON OR EXCHANGED THROUGH THE SYSTEM. WITH THE EXCEPTION OF THE EXPRESS REPRESENTATIONS SET FORTH IN THIS AGREEMENT, Action Communications AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF Action Communications AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND SHALL CONSIST OF A DUTY TO REFUND AMOUNTS PAID BY THE SUBSCRIBER TO SUCH PARTY DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH SUBSCRIBER BY SIGNING THE SUBSCRIPTION AGREEMENT WAIVES ANY AND ALL CLAIMS RELATING TO THE USAGE OF MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM WHETHER SUCH CLAIMS ARE AGAINST Action Communications OR ANY OTHER PERSON WHO HAS SUPPLIED MATERIAL TO THE SYSTEM. IN NO EVENT SHALL Action Communications OR ANY PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
III. INFORMATION CONTENT & USES OF THE SYSTEM
You, as the subscriber and end user of Action Communications, agree to adhere to the terms and conditions set forth in this agreement. Subscribers are aware of the responsibilities they are about to acquire. Action Communications may modify these rules at any time by publishing the modified rule(s) on the System. You agree not to publish on or over the System any information which violates or infringes upon the rights of any other person or any information which would be abusive, profane or obscene; not to use the facilities and capabilities of the System, or cause the facilities and capabilities of the System to be used, to solicit the performance of any activity which is prohibited by law. The system administrators and Action Communications have no control of the content of information residing on other systems. This information may be or become available on or via Action Communications. Subscribers are advised that some systems may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material. Subscribers who are parents of minor children may wish to monitor home usage of the System.
IV. THIRD PARTY SUPPLIED INFORMATION
Opinions, advice, services and all other information expressed by subscribers, information providers, service provider, or other third party personnel on Action Communications are those of the provider and not of Action Communications. Subscribers are urged to seek professional advice for specific, individual situations. Subscribers may order services or merchandise from other agencies and subscribers of Action Communications, not affiliated with Action Communications, ("Seller") through Action Communications. All matters concerning the merchandise and services ordered from Seller, including but not limited to purchase terms, payment terms, warranties, guarantee, maintenance and delivery are solely between the Seller and the subscriber. Action Communications makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. Action Communications or the system administrators shall not be a party to such transactions or be liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of Sellers.
V. PAYMENT INFORMATION
The monthly fee for a Action Communications Internet Access account will vary according to the service provided. Please refer to the document entitled "Action Communications Payment Schedule" for more details on charges for Personal Accounts. For information on the monthly fee for an Internet Business Account, please refer to the account description provided at the time the account is established. Monthly fees apply to all 'active' accounts, whether or not the account is actually used (accessed) by the member in any given month.
VI. UPDATING MEMBER ACCOUNT INFORMATION
Action Communications may occasionally require new registration and account information from subscribers to continue the service. Subscribers must notify Action Communications of any changes in account information.
VII. ONLINE CONDUCT
Any action by a subscriber that is determined by a system administrator to constitute an inappropriate use of Action Communications or to improperly restrict or inhibit other subscribers from using and enjoying Action Communications is strictly prohibited and may result in termination of an offending subscriber's account. Subscriber specifically agrees not to submit, publish, or display on Action Communications any defamatory, inaccurate, abusive, obscene, profane, threatening, racially offensive, or illegal material. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of this agreement.
Subscriber agrees to indemnify Action Communications and the system administrators for any losses, costs, or damages, including reasonable attorneys' fees incurred by Action Communications and the system administrators relating to, or arising out of any breach of this agreement by subscriber.
Copyrighted Material: Copyrighted material must not be placed on any system connected to Action Communications without the author's permission. Only the owners(s) or persons they specifically authorize may upload copyrighted material to the Service. Subscribers may download copyrighted material for their own use. Any subscriber may also non-commercially redistribute a copyrighted program with the expressed permission of the owner or authorized person. Permission must be specified in the document, on the System, or must be obtained directly form the author.
Public Posting Areas (Message Boards/UseNet Groups): UseNet messages are posted from systems around the world and the Action Communications system administrators have no control on the content of messages posted from these other systems. The system administrators, at their sole discretion, may remove messages posted locally in violation of this Agreement. The system administrators, at their sole discretion, further reserve the right to immediately terminate the account of a subscriber who misuses the message boards or UseNet groups.
Real-Time/Interactive Communications Areas: The system administrators, at their sole discretion, reserve the right to immediately terminate the account of a subscriber who misuses the real-time conference features (talk/chat/internet relay chat).
Electronic Mail: Electronic mail ("Mail") messages received by the System are retained on the System until deleted by the recipient. A canceled Action Communications account will not retain its Mail. Subscribers are expected to remove old messages in a timely fashion and the system administrators may remove such messages if not attended to regularly by the subscriber. The system administrators will not intentionally inspect the contents of Mail sent by one subscriber to an identified addressee, or disclose such contents to other than the sender, or an intended recipient, without the consent of the sender or an intended recipient, unless required to do so by law or the policies of Action Communications, or to investigate complaints regarding Mail which is alleged to contain defamatory, inaccurate, abusive, obscene, profane, threatening, racially offensive, or illegal material. Action Communications reserves the right to cooperate fully with local, state, or federal officials in any investigation concerning or relating to any Mail transmitted on Action Communications.
Disk Usage: The system administrators reserve the right to set quotas for disk usage on the System. A subscriber who exceeds his or her quota will be advised to delete files to return to compliance. Subscribers may request that their disk quota be increased by submitting a request to Action Communications stating the need for the quota increase. A subscriber who remains in non-compliance of disk space quotas will have their files removed by a system administrator.
Security: If a subscriber identifies a security problem on Action Communications, the subscriber must immediately notify a system administrator or Action Communications. The subscriber should not demonstrate the problem to others. Subscribers may not let others use their account and password. Passwords are nontransferable. Subscribers are strongly encouraged to select passwords to the system that can not be easily guessed by others; passwords should not be words that could be found in a dictionary. Attempts to login to the system using another subscriber's account or as a system administrator will result in termination of the account. Subscriber should immediately notify a system administrator or Action Communications if their password is lost or stolen, or if they have reason to believe that someone has obtained unauthorized access to their account. Any subscriber identified as a security risk or having a history of problems with other computer systems may be denied access.
Vandalism: Vandalism will result in the cancellation of all privileges, termination of the subscriber's account and possible prosecution. "Vandalism" means any malicious attempt to harm or destroy data of another subscriber, Action Communications, or any of the agencies or other networks that are connected to the Internet or the Internet backbone. This includes, but is not limited to, the uploading or creation of computer viruses.
VIII. GENERAL RULES REGARDING USE OF THE SYSTEM
All subscribers of Action Communications or any Action Communications service must abide by the following rules:
Authorized Users: In order to be an authorized user, an individual must be (i) a guest whose use of the system remains at all times subject to certain limitations and restrictions as may be established from time to time by Action Communications; (ii) a subscriber, with a then valid account provided by Action Communications; or (iii) a sponsored guest, approved by Action Communications, who has agreed to abide by all applicable rules and terms and conditions for use of the system. Sponsored guests include information providers and others whose views and participation will, in the judgment of Action Communications, provide substantial value to subscribers. Each subscriber signing on behalf of a firm or corporation agrees to provide a copy of the membership agreement, including these terms and conditions for use of the system, to each authorized user and to monitor and require the user's strict compliance.
Passwords: All authorized users will have a unique password, allowing them to access the system and to receive personal correspondence form any terminal that is connected to the Action Communications network. Each authorized user agrees to keep his or her personal password confidential and to notify Action Communications of any violation of these rules or threat to system security.
Statistics: Subscribers and information suppliers given access to transactional reports regarding activity relating to the materials they upload or areas they host shall hold such information strictly confidential unless the subscribers whose activities are reported on or have been notified in advance to the contrary.
Reselling: Reselling of any services obtained through Action Communications is expressly forbidden and will result in immediate termination of the account.
SPAM: mass email of unsolicited material(s) or information is strictly forbidden by any user of the system - misuse of email accounts and facilities may result in termination of account without any refund. Whether or not any emailed message or material(s) constitutes SPAM shall be determined at the sole discretion of Action Communications employees and/or officers. Users are solely liable for any legal actions arising out of the use/misuse of Action Communications email systems.
IX. RULES RELATING TO SUBMISSION AND DELETION OF MATERIALS
Submissions: Action Communications Business Account subscribers may submit for approval documents, memoranda, articles, outlines and other materials for inclusion on the Action Communications server.
Deletions: Action Communications will delete any materials at the request of the subscribers that submitted the materials. Action Communications reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system. Although Action Communications reserves the right to exclude materials, it does not assert any right to edit materials submitted by subscribers.
Virus Protection: Each party that submits materials agrees that in uploading executable files to the system it will use only computer systems employing reasonable means to check for and prevent the spread of computer viruses.
X. ADDITIONAL RULES REGARDING COPYRIGHT
While a subscriber may preserve its copyright interest in submitted material, all materials submitted for public posting to the system shall become part of a database, the compilation copyright of which is owned exclusively by Action Communications. Moreover, subscribers who submit material shall be deemed to (i) grant to Action Communications and subscribers to the system a paid up, perpetual, world-wide irrevocable license to use, copy and redistribute such materials and any portions thereof and any derivative works there from and (ii) warrant that such submitting subscriber has all rights necessary to submit such material and that the use of such material by Action Communications and subscribers to the system will not infringe any other party's rights. Each information provider and subscriber agrees, as a condition of such license, (i) not to remove identifying source information from verbatim copies of member-supplied materials (or substantially similar derivative works) found in public areas of the system and (ii) warrant that such submitting subscriber has all rights necessary to submit material and that the use of such material by Action Communications and subscribers to the system will not infringe any other party's rights. Each information provider and subscriber agrees as a condition of such license, (i) not to remove identifying source information from verbatim copies of member-supplied materials (or substantially similar derivative works) found in public areas of the system and (ii) not to reproduce portions thereof in any way that identifies the source but fails to describe accurately the nature and source of any modification, alteration thereto or selection there from.
Not withstanding the licenses granted by subscribers and information suppliers, subscribers to Action Communications shall not engage in systematic, substantial and regular replication of materials supplied to the system by a commercial publisher where the effect of such actions is to provide another person who is not an authorized subscriber to such materials with a substantial substitute for such a subscription.
All subscribers must abide by special terms and conditions associated with materials posted in each of the respective areas or otherwise associated with information originating information providers.
XI. TERMINATION OF ACCOUNT(S)
Should you ever need to disconnect (terminate your contract with Action Communications) the following rules apply:
1) No refund of setup fee(s).
2) Full refund of account fees, if unable to connect acceptably, within the1st 10 days after original signup.
3) No Refund (after first10 days) of 3 Month contracts.
4) Refund on 6 & 12 month contracts = 50% of remaining contract fees (based on whole calendar months).
5) All requests for Cancellation/Refund must be received in writing (via email or USPS) with full account information (your name, username, password, etc)
6) All requests for Cancellation/Refund must be received (in writing) on or before the 1st business day of the month of cancellation.
7) All requests for Cancellation and/or refund of the current calendar month received after the 1st business day of the month will be denied with the exception of rule 2..
XII. Finally
The terms and conditions set forth in this agreement, including the applicable price sheet incorporated herein by reference, represent the complete statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof.