Internet Member Agreement

1)  CompUSnet Services

CompUSnet offers access to the Internet, that is, communication services through transmitting/receiving equipment (normally a PC with a modem connected to CompUSnet networks) and by using software supplied by different vendors. By completing the membership enrollment process, you accept all the terms of this agreement and become bound by the terms thereby.

Any information, services or products not clearly identified as being supplied by CompUSnet, is thereby supplied by other Internet suppliers or independent providers. Therefore, this information is the responsibility of that supplier. You acknowledge that some of these other suppliers sites may contain language, and pictures, which may be considered offensive, inflammatory, obscene, or otherwise objectionable. You agree not to hold CompUSnet liable for these contents. Your access to these materials is at your own risk. It is your responsibility to use Internet access control software that may limit content access to any minors that you permit to use your account. Minors who access the Internet are assumed to have parental consent, allowing them to access the service.

2)  Accountability

You must be considered an adult (18, 19 or 21 where applicable) in order to use the service. Using your account for any purposes not complying with Federal or local laws may result in account termination, penalties and additional fees, in addition to possible law enforcement action.

You are responsible for any fee related to products andservices purchased from CompUSnet. CompUSnet will not be a party for products and services purchased from any other supplier or provider.

You are responsible for maintaining accurate and up to date your account information, including your name, address, phone number, credit or charge card numbers and expiration dates and any other payment information. You must promptly inform CompUSnet of any loss, theft, or unauthorized disclosure or use of your Internet account, password, or any credit or charge card number provided to CompUSnet.

You acknowledge and agree that the company may update its membership database using USPS provided information.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH: 1) ANY BREACH OF THIS AGREEMENT BY YOU, 2) YOUR USE OF THE SERVICE, SOFTWARE PROVIDED BY THE COMPANY AND ITS SUPPLIERS, AND THE INTERNET; AND, 3) ANY IMPROPER OR ILLEGAL USE BY YOU OR ANYONE WHO USES YOUR ACCOUNT WITH YOUR DIRECT OR INDIRECT PERMISSION.

3)  Fees

You are responsible for paying all fees and charges for access usage associated with your username. By authorizing the company to charge a credit or charge card, or debit a bank account by electronic funds transfer for service fees and charges, you are authorizing the company to continue charging the account during your membership.

CompUSnet may change the service rate at any time and member authorizes CompUSnet to charge the new fee schedule upon notice, as required by applicable laws.

If you believe you have been billed erroneously, you must contact CompUSnet within 60 days of that charge date. NO refund, full or partial is permitted, following the 60-day grace period.

4)  Termination

You have the right to terminate your membership at any time without cause. On the other hand, CompUSnet may also terminate your account without cause. If you show dissatisfaction with CompUSnet policies, services, practices and guidelines, your only recourse is to use your right to terminate your account.

Initial fees paid are non-refundable and monthly accounts cannot receive any refund or partial refund upon cancellation. Prepaid yearly accounts receive refund prorated at the rate of $19.95 per month. This refund/credit  can be exchanged for other products/services. No cash refund allowed.

No other refund other than mentioned above is allowed.

CompUSnet may terminate account in case of agreement or policies violation or for conduct that may result in harm to other CompUSnet members or deteriorate the quality of service offered by CompUSnet.

In case of termination, the company shall not be responsible for any damages arising from your service discontinuance.

A fee of $10 for reconnection may be applied and only waived at CompUSnet discretion.

A fee of $10 for account cancellation may apply in certain cases, as CompUSnet may see it fit with the situation, that is, if cancellation is causing the company to pay additional unnecessary fees.

In case of chargeback, a fee of $25 will be applied against the account. 

5)  Use

CompUSnet service is intended to be used for lawful purposes, such as use of newsgroups, electronic mail, Internet browsing. Your residential account may not be used for operating a web server, mail server, ftp server or any other such commercial usage.

Use of your account in an unethical manner, that is, during the absence of legitimate browsing or emailing activities is prohibited and is in violation of your membership internet usage rights. This is an act, which results in a lower service quality to other members and as such may be subject to penalties.

The following acts are a breach of your membership service purpose:

  • CompUSnet service is intended to be used for lawful purposes, such as use of newsgroups, electronic mail, Internet browsing. Your residential account may not be used for operating a web server, mail server, ftp server or any other such commercial usage.
  • Use of your account in an unethical manner, that is, during the absence of legitimate browsing or emailing activities is prohibited and is in violation of your membership internet usage rights. This is an act, which results in a lower service quality to other members and as such may be subject to penalties.
  • Keeping account active in absence of your actual interaction with a browser and/or email member
  • Continued and excessive account usage
  • The use of automated methods in order to artificially keep your account active and defeat our system which limits inactivity
  • The use of your account by more than one person at a time or more than one location at a time
  • The use of your account to mass email unsolicited emails through unlawful Spamming methods and therefore resulting in a disservice to other members

As a result of such violations, CompUSnet may seek the following remedies:

  • Automatically question you and seek clarification
  • Automatically disconnect your session
  • Cancel your account
  • Automatically charge your account an additional monthly fee per each additional simultaneous usage of your id, whether intentionally or unintentionally. CompUSnet holds you fully responsible for your account username and passwords usage and it is your responsibility to remedy by inquiring password change in case of account access by others beyond your control
  • Charge your account a $50/day penalty for unintentional spamming (mass, 50 or more, emailing of unsolicited messages) using CompUSnet email server, domain, or in connection with CompUSnet’s trademarks, or for posting to newsgroup more than twenty-five times per day, whether for personal or commercial purposes. Any deliberate violations will result in a $500 penalty automatically charged to your account.

Your personal membership account cannot be used for commercial purposes or to run a business (except within your account limitations). CompUSnet provides such commercial accounts and if you desire to obtain any business service, check our business solutions web pages, or contact us by phone.

CompUSnet provides you with telephone numbers and it is your responsibility to make sure you are dialing into the service on a local dial tone. Any telephone number could be subject to change or interruptions at CompUSnet’s discretion or beyond CompUSnet’s control.

You reserve the right to access our network for Internet activity purposes. Any other type of access to our network is prohibited and is a violation of the law and will be subject to prosecution.

In using your personal web space, you are fully responsible for all copyright breaches resulting from your usage of copyrighted or licensed materials, such as software, literature, images and others. CompUSnet holds no responsibility in this matter and you may be subject to legal liability.

In addition to the penalties outlined above for unauthorized usage of the service, CompUSnet may cancel your membership and seek legal prosecution to compensate for violations of this agreement.

6)  Other information

CompUSnet does not endorse or stand behind the truthfulness or reliability of opinions, advice or statements given or made by anyone other than CompUSnet officers.

Opinions, advice and all other information expressed by anyone on the Service, represent their own views.

You agree not to use the service to send, store, or submit for public posting any obscene, sexually explicit, or illegal material (including material the transmission of which violates any applicable law, or material, which violates Internet standards or customs. The company reserves the right to review and remove any material submitted for display or placed on the Internet, excluding private mail. CompUSnet may remove any material that CompUSnet believes violates this Agreement, any policies or guidelines posted by CompUSnet, or any Internet Standards or customs, or is harmful to other Members, to third party providers, or to the Service or the business interest of CompUSnet. You are responsible of such material even if the claim arises after termination of membership.

CompUSnet will comply with the Electronic Communications Privacy Act of 1986, as amended, (“ECPA”) relating to private e-mail sent or received through the service, as well as personal information members have provided. CompUSnet will only disclose their contents either to the writer or to the recipient. CompUSnet may only alter content if required by recipient and may delete mail after certain time limits established by CompUSnet. CompUSnet will have no responsibility for retaining or delivering e-mail that are located in a Member’s online box at the time of that Member’s termination of the service.

You may not submit copyrighted material to public posting areas without the specific authority of the Copyright owner.

You acknowledge that submitting materials, you are granting CompUSnet the permission to use the Submission as if it were public domain. You are irrevocably granting anyone else permission to reproduce and/or redistribute all or parts of your submission in any form for non-commercial purposes.

7)  Software

CompUSnet provides legal copies of Internet connection and browsing software that may be used only in conjunction with CompUSnet service. Any other usage is prohibited. In case of account cancellation, CompUSnet provided software must be uninstalled and disposed of properly.

8)  Notices

All notices and account changes must be received in writing, either by US mail or by E-mail to service@compusnet.com. Any notice by a member will not change the terms of this agreement, unless authorized by an officer of CompUSnet.

9)  Personal Web Page

Personalweb pages provided with the account can be used for personal purposes. The allowed space cannot be used in conjunction with other webhosting services offered to you, such as allowing the personal space to be allocated as an additional space for your domain hosting.

Personal space cannot be used to post any rated material such as adult, discriminatory, hate promoting, or any such non-socially accepted or unlawful material. Copyright protected material, which does not belong to you, can be posted in your personal space at your own risk. CompUSnet will not be held responsible for any such violation of the law of for any violation of the privacy act.

When you submit Copyrighted material to your personal web space, you agree to HOLD COMPUSNET HARMLESS FROM ALL CLAIMS ARISING FROM THIS SUBMISSION.

10)  Disclaimers

IN NO EVENT SHALL CompUSnet BE LIABLE TO MEMBER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF CompUSnet IN PROVIDING NETWORK ACCESS TO THE INTERNET UNDER THIS AGREEMENT.

NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, CompUSnet SHALL NOT BE IN DEFAULT UNDER THIS AGREEMENT, SHALL NOT BE LIABLE TO MEMBER FOR ANY DELAYS IN THE PERFORMANCE OF SERVICES OR OBLIGATIONS HEREUNDER OR FOR ANY FAILURE TO PERFORM HEREUNDER IF AND TO THE EXTENT THAT ANY FAILURE OR DELAY IN CompUSnet' PERFORMANCE OF ONE OR MORE OF ITS OBLIGATIONS HEREUNDER IS CAUSED BY ANY OF THE FOLLOWING CONDITIONS, AND CompUSnet' PERFORMANCE OF SUCH OBLIGATION OR OBUGATIONS WILL BE EXCUSED AND EXTENDED FOR AND DURING THE PERIOD OF ANY SUCH DELAY: INCLEMENT WEATHER; ACT OF GOD; FIRE; FLOOD; FIBER, CABLE OR OTHER MATERIAL FAILURES, SHORTAGESOR UNAVAILABILITY OR OTHER DELAY IN DELIVERY NOT RESULTING FROM CompUSnet' FAILURE TO TIMELY PLACE ORDERS THEREFORE, LACK OF OR DELAY IN TRANSPORTATION; GOVERNMENT CODES, ORDINANCES, LAWS, RULES, REGULATIONS OR RESTRICTIONS (COLLECTI'VELY, "REGULATIONS"); WAR, EMBARGOES, OR CIVIL DISORDER; STRIKES OR OTHER LABOR DISPUTES; OTHER ACTS OF CompUSnet' VENDORS AND SUPPLERS, CONCEALED ACTS OF WORKMAN ('WHETHER OF CompUSnet OR OTHERWISE), OR ACCIDENTS OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

IN NO EVENT SHALL CompUSnet BE LIABLE TO MEMBER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PERFORMANCE OR BREACH THEREOF, OR THE ACCURACY OR CORRECTNESS OF THE DATABASES OR THE INFORMATION CONTAINED THERE IN, EVEN IF CompUSnet HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

ANY CLAIM OR LEGAL ACTION ARISING OUT OF FAILURE, MALFUNCTION OR DEFECT IN CompUSnet SERVICES OR GOODS, OR ARISING FROM THIS CONTRACT IN ANY RESPECT, SHALL BE BROUGHT TO LIGHT WITHIN A PERIOD OF ONE YEAR FOLLOWING THE OCCURRENCE OF SAID CLAIM OR SAID CLAIM SHALL BE DEEMED WAIVED. CompUSnet’ LIABILITY TO MEMBER HEREUNDER, IF ANY, SHALL, IN NO EVENT, EXCEED THE TOTAL AMOUNT MEMBER PAID TO CompUSnet HEREUNDER.

CompUSnet WILL NOT BE RESPONSIBLE FOR ANY DAMAGES SUFFERED BY MEMBER IN ANYTHING THAT IS RELATED TO THIS AGREEMENT. THESE DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, WRONG DELIVERIES AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CompUSnet AND ITS EMPLOYEES BY ITS OWN NEGLIGENCE, OR MEMBER'S ERRORS OR OMISSIONS.

IN THE EVENT OF BREACH OF THIS AGREEMENT ON THE PART OF MEMBER AND THE TERMINATION THEREOF, CompUSnet SHALL. HAVE NO LIABILITY TO MEMBER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT, GENERAL, ACTUAL, COMPENSATORY, EXEMPLARY OR PUNI'ITVE, NOMINAL, INCIDENTAL OR CONSEQUENTIAL, SPECIAL, LIQUIDATED, LOST VOLUME, RELIANCE, OR EXPECTANCY DAMAGES.

11)  Indemnity and Hold Harmless

As a MEMBER of CompUSnet, and as a user of our services, you, as an individual, and your company, agree to indemnify and to hold harmless CompUSnet from ANY and ALL claims resulting from your use of the service which causes damage to you or any other party. CompUSnet shall not be liable, neither in contract nor in tort, for protection from unauthorized network access of its MEMBER’ transmission facilities or MEMBER owned premise equipment, or for unauthorized network access to or alteration of, or theft or destruction of, a MEMBER' data files, programs, or information, through accident, fraudulent means or devices, or any other method, even should such network access occur as a result of CompUSnet' negligence.

CompUSnet shall not be in any way responsible for claims or damages caused by a MEMBER, through fault, negligence or failure to perform MEMBER' responsibilities, claims against a MEMBER by any other party, any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or CompUSnet.

12)  Disclaimers of Warranties

CompUSnet makes no warranties, expressed or implied, including, but not limited to, any warranties of merchantability or fitness for any particular purpose.

13)  Modification

These terms and conditions cannot be modified except by written amendment signed by both parties, or pursuant to the provisions of paragraph (b) of this section. No agent, employee or representative of CompUSnet has the authority to bind the parties to any representation or warranty unless such is specifically included in this Agreement, the CompUSnet INTERNET SERVICE ORDER FORM, or with a written amendment thereto. Notice to parties of disputes arising under this Agreement shall be sent by registered mail to the parties at the address shown on the most recent service order.

These terms and conditions can be modified if the Federal Communications Commission, a state Public Utilities Commission, or a court of competent jurisdiction issues a rule, regulation, law of order which has the effect of canceling, changing, or superseding any term or provision of this Agreement (collectively named "Regulatory Requirement"), then this Agreement shall be deemed modified in such a way as the Parties mutually agree is consistent with the form, intent and purpose of this Agreement and is necessary to comply with a regulatory requirement. Should the parties not be able to agree on modifications necessary to comply with a regulatory requirement that affects the rights of either party within (60) sixty days after the regulatory requirement is effective, then upon (30) thirty day written notice, either party may terminate either that portion of this Agreement impacted by the regulatory requirement, or, either party may terminate this Agreement upon (30) thirty day written notice.

14)  Entire Agreement

This Agreement is the sole agreement between the parties relating to the subject mailer hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either parry.

15)  Interpretation Governing Law and Jurisdiction

This Agreement shall be interpreted, governed by and construed in its entirety in accordance with the laws of the State of Maryland, without reference to its choice of law principles. Any litigation based hereon, or arising out of or in connection with a default by either party in the performance of its obligations hereunder, will be brought and maintained exclusively in the courts of the State of Maryland, and each party hereby irrevocably agrees to be bound by any judgment rendered thereby in connection with such litigation. MEMBER hereby agrees to waive any limitation and submit to personal jurisdiction in the above-described courts.

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