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Personal Internet Access Account
Price:
- $20.00 per month. Includes One dial-up PPP
Account with (1) e-mail address.
- Unlimited Access (as defined in terms and
conditions of use).
- V.92 56k Compatible Modem
Connection
Member Terms & Conditions of
Use
" White Mountains Online also known as The Rim Internet Services
" requires that all subscribers conform to the terms and conditions of use
specified here when using The Rim Online Services directly or when accessing
any other computer system via The Rim Online Services. The Rim Online Services
reserves the right to modify these terms and conditions as may be necessary or
as circumstances merit. The controlling master copy of this document is
maintained at The Rim Online Services in Lakeside with a current copy posted on
the The Rim Online Services web site at http://www.therim.com. Subscriber
agrees to be bound by the terms and conditions as stated on the "master copy."
Failure to comply may result in the termination of a subscriber's account(s).
If you do not agree with these terms or conditions of use, please notify us at
1-888-250-1694 or via e-mail at wmc@wmonline.com to terminate your account(s).
Usage of account implies that the subscriber agrees with these terms and
conditions.
The subscriber is solely responsible for the content of any
transmissions using the Services or any other use of the Services, by
subscriber or by any person or entity subscriber permits to access the Services
(a "User"). Subscriber agrees that it and any User will not use the Services
for illegal purposes, or to interfere with or disrupt other network users,
network services or network equipment. Disruptions include, but are not limited
to: distribution of unsolicited advertising or chain letter, propagation of
computer worms and viruses, and using the network to make unauthorized entry to
any other machine accessible via the network. (See definition and related
information on Spam below). Any transmission of information in violation of any
local, state, federal, or international regulations is prohibited. This
includes, but is not limited to: obscene, copyrighted, or threatening material
and material protected by trade secrets. The Subscriber agrees to indemnify and
hold harmless The Rim Online Services for any claims that arise from the
Subscriber's use of the service. All services provided by the Subscriber in
part or in total using The Rim Online Services's connection are subject to
relevant local, state, federal, and international regulations. If The Rim
Online Services or other relevant authorities determine inappropriate usage of
this service, The Rim Online Services reserves the right to suspend or
terminate the service immediately and without notification. Subscriber shall
defend, indemnify, and hold harmless The Rim Online Services from and against
all liabilities and costs (including reasonable attorneys fees) arising from
any and all claims by any person based upon the content of any transmissions by
Subscriber or any User using the Services or any other use of the Services by
Subscriber or any User.
SPAM IS ILLEGAL:
The subscriber shall not participate in the distribution of
unsolicited commercial e-mail (spam) and agrees not to promote any web site
hosted by The Rim Online Services using unsolicited commercial e-mail, whether
that e-mail originates from the The Rim Online Services network or not.
Participation in such activities will result in termination of services without
notice. Spam can be considered as any unsolicited large amount of e-mail (more
than 10 for example) which provokes complaints to The Rim Online Services by
any recipient; or harassment of any individuals on the Internet after being
asked to stop by those individuals and by The Rim Online Services; or
impersonation of another individual on the Internet or falsification and
individual's name in e-mail, Usenet postings, on IRC or with any other Internet
service. This doesn't prohibit the use of nicknames or the use of anonymous
re-mailer services.
Subscriber, if a business, shall limit access to and use of the
Services to its employees (and in the case of a Subscriber that is a nonprofit
educational institution, to employees and students), shall not authorize any
person to use the Services other than for the Subscriber's business purposes,
and shall not resell or otherwise generate income by providing access to the
Services to any User.
SUBSCRIBER SHALL NOT ALLOW MULTIPLE USERS ON MULTIPLE MACHINES
TO ACCESS The Rim Online Services INTERNET SERVICE UNDER ONE DIAL-UP ACCOUNT.
If Subscriber permits Users to access the Services, Subscriber shall defend,
indemnify, and hold harmless Company from and against all liabilities and costs
(including reasonable attorney's fees) arising from any and all claims by any
such Users in connection with the Services, regardless of the form of action,
whether in contract, tort (including Company's active or passive negligence),
warranty, or strict liability. However, Subscriber shall have no obligation to
indemnify and defend Company against claims for direct damages to real or
tangible personal property, or for bodily injury or death, proximately caused
by The Rim Online Services negligence.
"Unlimited access" is defined as access to unlimited
opportunities to connect to our service, but does not mean that subscriber can
maintain a continuous connection at all times. All users are subject to a
possible modem reset after four continuous hours of service. The Rim Online
Services account options specify unmetered usage, but this doesn't mean
unlimited connection time. The Rim Online Services dial-up connections are
configured with time-outs, which will disconnect the line after several minutes
of inactivity. This is to prevent any subscriber from excessively using The Rim
Online Services resources when a connection is inactive. Subscriber attempts to
defeat this mechanism may result in account termination or billing for the
excessive connection time. Options for full time dial-up connections are
available if this is a requirement.
Any misuse of The Rim Online Services resources that disrupts the
normal use of the system is strictly prohibited. Such abuse may lead to
termination of a subscriber's account(s). Examples of system abuse include (but
aren't limited to) spawning processes which consume The Rim Online Services
resources, consuming excessive amounts of disk storage/main memory/CPU for
extended periods of time, or spam. The Rim Online Services is not responsible
for any Internet scheme, which may be enacted by a client. The Rim Online
Services claims no responsibility over the content of the information generated
by subscribers, whether for personal or business use.
Indemnity:
Subscriber understands that The Rim Online Services does not
operate or control the Internet in any way. All merchandise, information, and
services offered on the Internet are accessible by third parties which are not
affiliated with The Rim Online Services or its affiliates. Customer assumes
total responsibility and risk for client's use of the service and the Internet.
Data Storage:
The Rim Online Services is NOT responsible for your data! We
offer no assurance that data stored on The Rim Online Services computer systems
will be maintained. Files may be deleted at any time and in the event of system
failure that results in files being lost, The Rim Online Services may choose
not to restore these files. The subscriber must take precautions to back up
information that they desire to preserve. Subscribers whose account(s)
is suspended or is in violation of The Rim Online Services terms and conditions
of use: The Rim Online Services reserves the right to delete any and all files,
including e-mail. If a subscriber account is terminated for any reason, the
subscriber will be held responsible for the cost of labor to clean-up and
respond to complaints if necessitated by The Rim Online Services in order to
restore confidence and/or service. Subscriber agrees to comply, and to
cause any User to comply, with United States law with regard to the
transmission of technical data, which is exported from the United States using
our Services. The Rim Online Services makes no warranty or guarantee, express
or implied, with respect to any services or products provided under this
agreement, merchantability and fitness for a particular purpose.
The Rim Online Services will not be held responsible for
consequential damages resulting from use of our services. The Rim Online
Services liability to customer on account of any acts or omissions relating to
this agreement shall be limited to proven direct damages in an aggregate amount
not to exceed the amounts paid by customer for services during the twelve (12)
month period preceding the incident giving rise to the claim for damages. The
Rim Online Services shall not be liable for indirect, incidental,
consequential, reliance or special damages, including without limitation
damages for harm to business, lost profits, lost savings or lost revenues,
whether or not The Rim Online Services has been advised of the possibility of
such damages. The Rim Online Services shall not be liable for any damage that
customer may suffer arising out of use, or inability to use, the services or
products provided hereunder unless such damage is caused by an intentional act
of The Rim Online Services. The Rim Online Services shall not be liable for
unauthorized access by third parties to customer's transmission facilities or
premise equipment or for unauthorized access to or alteration, theft, loss or
destruction of customer's net-work, systems, applications, data files,
programs, procedures or information through accident, fraudulent means or
devices, or any other method. Except as expressly set forth in or contemplated
by this agreement, in any instance involving performance or nonperformance by
The Rim Online Services with respect to services or products provided
hereunder, customer's sole remedy shall be (a) in the case of services, refund
of a pro rata portion of the price paid for services which were not provided,
or (B) in the case of products, repair or return of the defective product to
The Rim Online Services for refund, at the option of The Rim Online Services,
except as expressly set forth in or contemplated by this agreement, in the case
of refund for lost services, credit will be issued only for periods of lost
service greater than twenty-four (24) hours. These limitations of liability
shall apply regardless of the form of action, whether in contract, warranty,
strict liability or tort, including without limitation negligence of any kind,
whether active or passive, and shall survive failure of an exclusive
remedy.
Payment of Fees:
Subscribers will be billed in advance for all services by credit
card . Payments are due as soon as services are made available. Service
payments for the coming month(s) are due as indicated on our invoice (sent via
e-mail or postal mail.) Delinquent accounts are those that are 7 days
past due. If The Rim Online Services does not receive payment for services
within 7 days, we reserve the right to suspend or terminate access to our
services. The Rim Online Services services are supplied to paying subscribers
only. The Rim Online Services reserves the right to terminate services to
non-paying subscribers at any time. Accounts that are unpaid are
suspended and may not be used. An account must be paid up to current status in
order to be re-instated. Any account suspended as a result of non-payment will
be charged a collection fee of $9.95. Unpaid balances will automatically accrue
interest charges. After reasonable attempts are made by The Rim Online Services
to collect past due charges, the account may be turned over to a collection
agency for resolution. New accounts payments to The Rim Online
Services are fully refundable for 7 days. No refunds shall be given for
canceled accounts, returned merchandise, or installations unless the account,
merchandise, or installation was clearly defective and non-working.
There is a service reconnection charge equal to one (1) month's service charge
to remove accounts from suspended status. The subscriber acknowledges
responsibility for the account until payment in full is made. There is a $20.00
service charge for each returned check. The Subscriber is responsible
for any and all local or long-distance telephone charges for connection to The
Rim Online Services Internet connection points. The Subscriber must
pay, and must keep The Rim Online Services Indemnified against any Tax with the
exception of income tax payable upon or in respect of this agreement or any
services, payments, document, transaction or matter referred to, in, or
contemplated by this agreement.
Account Cancellations:
Cancellation requests for The Rim Online Services accounts must
be received in writing via e-mail, fax, or postal service at The Rim Online
Services. Such requests must be received prior to the billing date of the next
month's service. All accounts of the canceling subscriber must be paid in full
before the transaction will be considered complete.
Access & Security of
Accounts:
The Rim Online Services provides no guarantee regarding system
availability, especially during periodic maintenance of the site. The Rim
Online Services will attempt to provide 24 hour a day, 7 day per week service,
but we cannot guarantee any specific level of service. The Rim Online
Services shall make reasonable efforts to maintain subscriber account security.
Subscriber agrees the The Rim Online Services shall not be held responsible in
the event that account security has been breached. Multiple logins are not
allowed. A The Rim Online Services login account entitles the account holder to
log in on only one modem or TCP/IP session at a time. A subscriber is expected
to maintain user id and password information in the strictest confidence and
shall not allow others to use the same account(s). Any attempt to
penetrate The Rim Online Services security or to access another subscriber's
account(s) or file(s) will result in the termination of the subscriber's
account(s) without notice.
Technical Help:
Technical assistance is provided for problems related to software
configuration support for supported software packages. The Rim Online Services
will support the customer software provided to the customer by The Rim Online
Services for use with , Windows 95, Windows 98, Windows XP and the most recent
versions of Microsoft Internet software for PC's and Macintosh. The Rim Online
Services shall not be responsible for the installation, operation or
maintenance of Clients equipment or software. Customer shall be responsible for
the use and compatibility of equipment or software not provided by The Rim
Online Services; in the event that the customer uses equipment or software not
provided by The Rim Online Services, which impairs client's use of the Service,
customers shall nonetheless be liable for payment for the service. The Rim
Online Services shall not be responsible for any changes on the Internet that
may cause the Clients equipment or software to become unsuitable. Free
help is NOT available for Internet training. Examples of Internet
training may include, but are not limited to: instruction on how to send or
receive e-mail, how to use a computer operating system, how to conduct Internet
searches, general information regarding the Internet (World Wide Web), how to
create a Web Site or on File Transfer Protocols (FTP). The Rim Online Services
reserves the right to refuse to provide telephone training or to provide it at
an additional hourly rate at our option. Additionally, The Rim Online Services
does not provide support in the use of various HTML editors that may include
Microsoft Front Page, Hot Dog, Hot Metal Pro or others. |