The undersigned SUBSCRIBER agrees to the following Terms and Conditions:
A. PARTIES. This agreement is entered into between ONE WORLD TELECOMMUNICATIONS, INC. ("ONE WORLD") and the undersigned individual or company ("SUBSCRIBER") for purposes of SUBSCRIBER receiving INTERNET services or other services from ONE WORLD. ONE WORLD is located at 415 North Quay, Kennewick, Washington 99336.
B. SERVICE RESTRICTIONS. Services provided to SUBSCRIBER by ONE WORLD may only be used in accordance with applicable state, federal, international or third-party nation laws, statutes, regulations and rules. Transmission, theft, procurement of; communication, alteration, publication or storage of any information, protected material/property, data or material, in violation of any law, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, proprietary information, or trades secrets. It is unlawful and a violation of this agreement to communicate or transmit in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use ONE WORLD's services for any illegal or unlawful purpose. SUBSCRIBER is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining
(1) to SUBSCRIBER's use of any ONE WORLD service, and
(2) the telecommunications means by which SUBSCRIBER connects his/her terminal or computer to ONE WORLD'S services. "Parking", "Pinging" or similar methods of retaining a "live" modem connection is not permitted. Such practices seriously degrade service for subscribers wishing to gain access to the Internet. Usage hours are intended for active use, such as viewing newsgroups, surfing the World Wide Wide, or transmitting email.
ONE WORLD RESERVES THE RIGHT TO CANCEL ANY ACCOUNT WHICH ONE WORLD, IN IT'S SOLE DISCRETION, BELIEVES IS HARMFUL TO THE SERVICE OF ANY OTHER ACCOUNT.
(1) ONE WORLD encourages the use of credit card payment and has priced its services to encourage such use.
(2) All basic charges must be prepaid no later than five (5) business days prior to the next calendar month. The service month is defined as beginning on the first day of the calendar month and ending on the last day of the same calendar month, regardless of whether or not the calendar month is less than or more than thirty (30) days.
(3) All additional charges will be billed five (5) business days prior to the next calendar month. Additional charges include the following:
(a) Hours of use in excess of the standard plan adopted by SUBSCRIBER;
(b) Charges for excessive file storage on ONE WORLD's server. Excessive file storage is defined as hard drive storage in excess of five (5) megabytes; and
(c) Any other chargable services provided by ONE WORLD during the prior service month.
(4) Credit card customers: Credit card customers will be E-mailed an itemized statement reflecting charges to their credit card. SUBSCRIBER agrees to pay all billed amounts according to their card issuer agreement until SUBSCRIBER cancels his/her account in writing with ONE WORLD or gives ONE WORLD written notice of SUBSCRIBER's intent to discontinue credit card billing. Any discontinuance of credit card billing shall take effect for the next service period. However, if written notice is not received at least 5 business days prior to SUBSCRIBER's next service month, discontinuance shall not be effective until the second service period following notice of discontinuance of credit card billing.
(5) If a credit card is not used for monthly payment an invoice will be mailed to SUBSCRIBER and prepayment must be received no later than five (5) business days prior to the next calendar month. If payment is not received in the time required SUBSCRIBER's service will be suspended until payment is received. Late payments will result in suspension and a reinstatement fee of ten dollars ($10). Any account that remains unpaid for thirty (30) days shall be deemed cancelled. Reinstatement thereafter would require a $25 reinstatement fee.
(6) No grace periods are permitted for receipt of monthly subscription fees.
(7) Connect time is billed in 5 minute increments.
(8) Disk space is limited to 5 megabyte for each account. Overages shall be billed $.50 per megabyte of disk space per day after twenty four (24) hours. Any increment in excess of .5 megabytes shall be rounded up to one megabyte. Regular additional space can be provided for a negotiated monthly fee. Negotiated space is strongly encouraged to aid in system management.
D. FILE MANAGEMENT. SUBSCRIBER agrees that ONE WORLD has the right to delete all data, files or other information that is stored in SUBSCRIBER's account if SUBSCRIBER's account with ONE WORLD is terminated, for any reason, by either party.
E. ASSIGNMENT/TRANSFER. SUBSCRIBER's rights granted herein cannot be transferred, shared, sold or used by anyone other than the SUBSCRIBER. No more than one modem session can he used at any time by SUBSCRIBER on any system account. If SUBSCRIBER has multiple accounts, SUBSCRIBER is limited to one modem session per system account at any time. Accounts which have been transferred to or shared by other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
F. ACCOUNT CANCELLATION. INTERNET access and related services provided by ONE WORLD can be canceled at any time by either party by providing written notice by certified mail. Cancellation shall occur five (5) business days after the date of mailing. It is the responsibility of SUBSCRIBER to keep ONE WORLD informed as to a valid mailing address to which notice can be sent. Upon cancellation ONE WORLD will credit SUBSCRIBER with any unearned prepaid subscription fees if such prepaid fees exceed one month's service. Reimbursement will be made within thirty (30) days of cancellation.
G. ACCOUNT SUSPENSION OR CANCELLATION FOR BREACH. Notwithstanding the foregoing conditions, ONE WORLD can immediately suspend or cancel SUBSCRIBER's service without notice for any breach contained herein.
H. ACCOUNT SUSPENSION. ONE WORLD shall have the right to suspend service to the SUBSCRIBER at any time, for reasonable cause, without notice.
I. MINIMUM AGE TO SUBSCRIBE. SUBSCRIBER certifies that he or she is at least 18 years of age. Any and all acts of minors shall be the legal responsibility of SUBSCRIBER, whether or not known or reasonably knownto SUBSCRIBER.
J. INDEMNIFICATION. SUBSCRIBER agrees to indemnify and hold harmless ONE WORLD, its officers, shareholders, agents and employees, and ONE WORLD's subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from SUBSCRIBER's use of ONE WORLD's services, in any manner, whether directly or indirectly. ONE WORLD has the right to pursue any legal remedy to cure a breach by SUBSCRIBER or to recover damages resulting from the acts or omissions of SUBSCRIBER. SUBSCRIBER agrees to pay ONE WORLD's reasonable attorneys' fees and court costs. In the event of litigation both parties agree that the laws of the State of Washington shall apply. Both parties consent to the jurisdiction of the state courts of Benton County, Washington, or in the event of diversity of citizenship, the United States District Court for the Eastern District of Washington.
K. LIMITED WARRANTY. ONE WORLD WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, ONE WORLD SHALL, UPON WRITTEN NOTIFICATION TO ONE WORLD BY CERTIFIED MAIL, REFUND UNEARNED SERVICE FEES IN EXCESS OF ONE MONTH'S SERVICE. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY ONE WORLD REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF ONE WORLD'S INTERNET ACCESS OR OTHER SERVICES PROVIDED BY ONE WORLD, AND THE ONE WORLD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND
(2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONE WORLD SPECIFICALLY DOES NOT WARRANT THAT FILES DOWNLOADED FROM INTERNET OR ONE WORLD'S SERVER ARE VIRUS FREE.
L. LIMITED LIABILITY. ANY LIABILITY OF ONE WORLD, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE, ELECTRICAL DAMAGE, ELECTRICAL INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH. ONE WORLD HAS NO LIABILITY FOR DAMAGES RESULTING FROM VIRUSES CONTAINED IN FILES DOWNLOADED FROM INTERNET OR ONE WORLD'S SERVER, WHETHER OF NOT ONE WORLD SHOULD HAVE REASONABLY KNOW OF THE PRESENCE OF SUCH VIRUS.
M. RULES AND REGULATIONS. Attached hereto and incorporated by reference is a list of Rules and Regulations. Breach of any of the attached Rules and Regulations shall constitute a breach of this Contract. ONE WORLD reserves the right to amend the Rules and Regulations from time to time and any such amendments shall become effective upon posting to the RULES AND REGULATIONS file entered at ONE WORLD's service or when E-mailed directly to your account. It is SUBSCRIBER's responsibility to review such changes at the time they are posted.
N. ACCEPTANCE. Upon acceptance of the INTERNET Account Application and upon payment as provided therein, SUBSCRIBER will be provided with instructions and access to the INTERNET via ONE WORLD. Use of ONE WORLD's services constitutes acceptance of this agreement.
O. COMPLETE AGREEMENT. This Contract represents the complete understanding between ONE WORLD and SUBSCRIBER as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guarantees, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
THIS IS A LEGALLY BINDING CONTRACT AND AFTER ONE HOUR OF ONLINE USAGE I AGREE TO HAVE BEEN DEEMED TO HAVE READ THE SAME AND BE BOUND BY ITS TERMS AND CONDITIONS.