Subscriber Access Terms and Conditions
This agreement represents the complete agreement and understanding between Attitude Online and the account holder (hereinafter called subscriber) and supersedes any other written or oral agreement. Upon notice published online via Attitude Online services, Attitude Online may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Billing Department at (559)440-9086 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval and acceptance of these terms.
1. Attitude Online will not be held responsible for selection of the wrong city and the long distance charges that may occur as a result of such error. Please make sure you select the correct city for your area, or if you are in doubt, please call us and we will help locate the correct city.
2. Attitude Online exercises no control whatsoever over the content of the information passing through it. Attitude Online makes no warranties of any kind, whether express or implied, for the service it is providing. Attitude Online also disclaims any warranty of merchantability or fitness for a particular purpose. Attitude Online will not be responsible for damages the subscriber suffers. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
3. Subscriber shall not tamper with other accounts, or commit unauthorized intrusion into any part of Attitude Online’s system, or use any of Attitude Online’s machines, files, servers, or accounts to intrude without authorization into any other system. Subscriber shall not use Attitude Online’s services not included in subscriber’s account, nor shall subscriber devise ways to circumvent security in order to access other systems.
4. Subscriber shall not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Subscriber shall not send unsolicited mass mailings or unsolicited subscriptions. Subscriber shall not flood/Spam newsgroups with postings of a commercial, non-commercial, inflammatory, or adult nature. Attitude Online does not endorse such materials and disclaims any and all liability for such content.
5. Attitude Online Internet connections and all other services provided to the subscriber by Attitude Online may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or any other regulation or law, threatening material or obscene material. Attitude Online reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of copyright infringement.
6. Subscriber shall not use Attitude Online's services to make, create or solicit and initiate the transmission of any material which is obscene or indecent in any of the following manners: a. With the intent to annoy, abuse, threaten or harass another; b. To knowingly send such material to a person under the age of 18 years; c. To post such material for online display without taking precautions that shield material to minors.
7. Subscriber agrees to indemnify, save and hold Attitude Online, its successors, licensees and assigns, harmless from any and all liability, claims, demands, losses and damages (including attorney fees and court costs) arising out of or connected with Subscriber's breach of this Agreement. This paragraph shall survive the term or termination of this Agreement.
8. Regarding the connection, although a dial-up account is unlimited (i.e. we do not bill for usage), it is not intended to be a full time connection nor are multiple concurrent logins allowed. Connection will be disconnected after 20 minutes of inactivity. Member agrees not to use any automatic method to avoid inactivity disconnect or automatic reconnection procedures and to keep the connection active only when the registered member is actively using it.
9. Attitude Online accounts cannot be transferred or used by anyone other than the subscriber. No more than one login session can be used at any time by the subscriber on any system account. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
10. Attitude Online and connecting networks may be used by subscribers to conduct legal businesses. These businesses should, however, not infringe upon the use of Attitude Online’s services by other subscribers. Subscriber agrees to abide by the Acceptable Use Policies of connecting networks. This includes, but is not limited to, electronic mail and USENET news policies. Attitude Online’s services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. When Attitude Online becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Attitude Online may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Attitude Online, following payment of a reconnection charge.
11. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
12. Attitude Online requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Attitude Online cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
13. Attitude Online reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Accounts are created on a continual subscription basis. All accounts will automatically renew unless Attitude Online is otherwise notified by the subscriber prior to the renewal date. Subscriber must notify Attitude Online in writing to cancel service. Fees for setup and the first month's service are not refundable.
14. All services must be paid in advance. Payment due dates are indicated on your invoice. If payment is not received within 60 days of the due date, your account will be assessed a $15.00 late fee for each month in arrears, your service may be terminated and a re-connection fee equal to the standard setup fee may be added to charges for further services. Your account will be assessed an additional $15.00 late fee for each month that your account remains over 60 days past due. If payment exceeds 75 days past due, Attitude Online may commence collection procedures. In the event that the account is turned over to a collection agency, the account will be assessed a $25.00 collection charge. Termination of service shall not relieve the subscriber from the obligation to satisfy outstanding invoices including any and all late charges. Six month and 12 month accounts terminated for non-payment of renewal charges will be prorated to the date of termination at the rate of a monthly service account for each month or fraction thereof that is outstanding. In the event Attitude Online utilizes an attorney to collect such sums, the subscriber shall be responsible for the payment of all Attitude Online’s attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the subscriber's relationship with Attitude Online shall be in Fresno County, California.
15. Use of Attitude Online's is at your own risk. Attitude Online specifically denies any responsibility for the accuracy or quality of information obtained through its services. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Attitude Online's servers. Attitude Online is not responsible for files and/or data residing on your account.
16. This Agreement represents the entire agreement between the parties and supersedes all prior agreements oral or written.