Terms of Internet Access Agreement

Customer agrees to use the service in a manner consistent with any and all applicable local, state, and national, and/or international laws. Use of Graphtronics for bulk and/or unsolicited email, commercial or otherwise, is prohibited and shall be cause for immediate account termination.

All Graphtronics subscribers agree to use and use only the email address(es) as confirmed at time of signup for their "Return" and/or "Reply-To" Internet email address. The use of a "fake" email address, email address belonging to another Internet user, or no email address as a "Return" and/or "Reply-To" Internet mail address is prohibited and such use shall be cause for immediate account termination.

Customer agrees to utilize appropriate protocols for data transmissions. Email messages are limited to a maximum of 20 MB (20000K) incoming storage space.

Customer shall be held liable for any and all costs incurred by Graphtronics as a result of customer violation of these terms and conditions.

Customer is responsible for any and all information and/or graphics contained on websites hosted with Graphtronics. Account space shall not be used for software FTP sites, sites containing stolen, hacked, copyrighted, pornographic or other questionable material, any illegal activity, and any other activities or material prohibited by Graphtronics' terms and conditions.

Customer is responsible for use of account(s) and confidentiality of password(s).


Billing

Customer is solely responsible for any and all local or long-distance telephone charges for connecting directly or indirectly to Graphtronics. It is the sole responsibility of the customer to determine if the provided Graphtronics access telephone number(s) will be a local telephone call.

Customer agrees to pay Graphtronics all charges relating to use of Customer's Account(s). Customer acknowledges that there is a 30 day minimum subscription period, which means no full or partial refund of the initial month's service fee and activation fee will be given if service is canceled within the initial 30 day subscription period. Additionally, all cancellations become effective at the end of the current billing cycle. There are no refunds issued for monthly subscribers. Refunds may be issued for a partial period of subscription for annual and semi-annual subscribers. As such, used months will be pro-rated to the current monthly subscription charges, and any remaining monies will be refunded.

Standard accounts have a 250 hour per month usage limit. After 250 hours, the account will be disabled for the remainder of the month. No refunds will be given if account is disabled for exceeding the 250 hour limit. Customers needing more access time can upgrade their accounts to a persistent connection. It is the sole responsibility of the subscriber to track their own on-line connection time. This may be accomplished by recording the time listed on your PPP connection dialer prior to disconnecting, or usage stats may be viewed online here.

Graphtronics reserves the right to change its billing rates by notifying customer 30 days in advance of the effective date of change.

Customers will be billed via email 15 days prior to the due date of their next scheduled payment. Monthly subscriptions are payable via credit card ONLY, and credit card on record will be billed monthly until customer's account is cancelled or otherwise terminated. It is the customer's responsibility to make sure credit cards on file are current. Annual and semi-annual subscriptions may be paid by cash, check, money order or credit card. Bills and receipts are sent via email to customer's Graphtronics default email account. Customers may request e-bills be sent to an alternate account, or may request paper billing and receipts.

If customer's payment is returned unpaid for any reason, including but not limited to overlimit, expired, or otherwise not available to make payment, you will be notified of such. Checks and/or money orders that are returned by the bank for any reason will incur a $25 returned check fee. It is the sole responsibility of the customer to insure their payment instrument information is maintained current and available for payment of incurred fees.

Graphtronics reserves the right to suspend access to service for Customer's Account(s) upon an indication of credit problems including delinquent payments. A reconnection charge equivalent to applicable activation fees will apply after payment of any outstanding balance for accounts over thirty (30) days past due.

Customers defaulting on account payments agree to pay Graphtronics reasonable expenses, including, but not limited to attorney and/or collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.


Ownership/Copyright

Information available on Graphtronics is the property of Graphtronics, its Information Providers, or Customers. Customer shall not redistribute, reproduce, or commercially exploit such information without express written permission of its owner.

Information Providers shall have the right to assert and enforce such copyright provisions directly on their own behalf.


Limitation of Liability

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.

Neither Graphtronics nor its Information Providers are responsible for any damages arising from Customer's use or inability to use Graphtronics. There is no guarantee of message delivery. Graphtronics is not responsible for Customer's files residing on Graphtronics servers. Customer is responsible for independent backup of all such data at a site determined by customer.

Graphtronics cannot, does not, and will not exercise any control whatsoever over the information passing through its network or through the Internet.

Due to the potential threat of viral attack, Graphtronics highly recommends the practice of safer computing to protect against computer viruses. Graphtronics is in no way responsible for any data loss or damage arising from viral infection from the Internet. Customers undertake browsing and downloading of Internet files at their own risk. Consult with your local computer reseller, systems analyst, consultant, and/or management information systems personnel to determine the anti-viral protection program best suited to your needs.

Customer is hereby warned that some Internet sites accessible via Graphtronics allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Graphtronics is not responsible for inadvertent or deliberate access to such material and cannot and will not prevent access of such material. It is recommended that each customer closely monitors use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

Graphtronics services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret. Customer agrees to indemnify and hold harmless Graphtronics from any claims resulting from your use of the service which damages you or another party.

Any access to other networks through the Graphtronics must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited commercial email.

Graphtronics and its affiliates shall not be liable under any circumstances for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

Graphtronics is not responsible for any hardware conflicts or failures which may occur.

Graphtronics is not liable for any third party software, websites, or website contents.


Operation

Graphtronics reserves the right to change its services without notice including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to these Terms and Conditions will be posted to this web page. Customers are encouraged to review the current Terms and Conditions of Use on a regular basis. Customer's use of Graphtronics after such notice shall constitute Customer acceptance of such modifications.

Customer understands that Graphtronics services may be interrupted for several reasons, including, but not limited to, malfunctions, maintenance, improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. Scheduled outages will be sent via email to all of our customers. Graphtronics shall not be liable for any delay in or failure to perform the services caused by circumstances entirely beyond its control such as those occasioned by acts of God or other causes or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.

There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, Graphtronics may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours.

Customer hereby agrees that any material submitted for distribution on Graphtronics through Customer's Account(s) does not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, objectionable, or libelous.

Graphtronics at its sole discretion and judgment may immediately suspend Customer's access to the service upon any breach of any of the Terms and Conditions by Customer, including, but not limited to, refusal or failure to pay for services provided or disruptive on-line behavior.

Graphtronics reserves the right at its sole discretion to delete any information entered or maintained on our servers by Customer. Graphtronics and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information.

Graphtronics reserves the right to disconnect non-dedicated dial-up connections with inactivity for more than 10 minutes ("time-out"). Non-dedicated dial-up connections may not be utilized as a dedicated connection, and Graphtronics reserves the right to disconnect non-dedicated dial-up connections exceeding 8 hours in connection duration.

Graphtronics reserves the right to delete Customer's personal files for which a storage fee has not been paid.

Graphtronics reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.


Accounts terminated for violation of any of these terms and conditions are not eligible for any refund of monies for unused service.


last updated March 1, 2004

Graphtronics.net is your Premium Internet Service Provider for business and personal use. Contact us at 937.878.9727 or email us at info@graphtronics.net

Current subscription pricing may be viewed on our pricing page. Our billing and payment policies may also be viewed here.

Graphtronics' privacy policy may be viewed here.

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