I. GENERALLY
1. All provisions of this Agreement apply to
the User's Principal Account and any additional accounts billed to the
Principal Account. Use of your account constitutes acceptance of the
terms of this Agreement.
2. The benefits of or rights conferred by this Agreement are
non-transferable. Use of Mo-net, Inc. Internet Access accounts is
expressly limited to the individual or business whose name appears on this
Agreement.
3. User is responsible for all hardware and software necessary to
connect to the Mo-Net, Inc. system and to the Internet. We will provide
you with information regarding suggested minimum hardware and software
requirements, and our technical support department is available for
consultation.
4. User agrees to use the account in a manner consistent with any and
all applicable state and federal laws and regulations. This agreement is
made in and shall be construed under the laws of the United States and the
State of Missouri. User expressly agrees that his account may be
suspended or terminated, without notice, if the User breaches any part of
this Agreement.
5. User agrees that the account is for "Unlimited USE", and NOT
"Unlimited Connect Time", also known as "camping on". User agrees that
they will disconnect their modem from the server when their computer will
be unattended for more than 15 minutes. User agrees that failure to
adhere to this condition will constitute violation of the terms of this
agreement, and will permit Mo-Net, Inc. to discontinue the account and
refuse reinstatement. User and Mo-Net, Inc. mutually agree that as long
as the user is actually present at the computer AND ACTIVELY USING THE
CONNECTION, connection time is not limited.
6. User agrees that the account may be used to log on to only one
modem/line at a time. Logging on from multiple computers using the same
account username and password constitutes "multiple logins", and requires
payment of full access charges for each additional login. Providing your
username and password to other persons for their use in obtaining access
to the system violates the terms of this agreement and will result in
cancellation of the affected account. (See also paragraph 8 below)
7. If User is less that 16 years of age, this Agreement must be signed
by a parent or legal guardian, who is responsible for all charges related
to the use of User's account(s).
8. User is responsible for all use of User's account(s) and
confidentiality of password(s).
9. Mo-Net, Inc. will suspend access or change access to User's
account(s) immediately upon the notification by User that his or her
password has been lost, stolen, or otherwise compromised. The Internet is
NOT SECURE and, absent a written agreement to the contrary involving a
secure server, Mo-Net, Inc. cannot and will not guarantee the privacy of
any User's account. Encryption software is available to help you protect
your privacy.
10. Use of "phantom", or non-existent e-mail addresses for messages
sent from users of the Mo-Net, Inc. system is strictly forbidden. Sending
of anonymous e-mail messages, or posting anonymous messages on any portion
of the mo-net.com server, including web pages, are prohibited. Mass
mailing, also known as "spam", "unsolicited commercial e-mail", "junk
e-mail", or "bulk e-mail" is expressly prohibited from and to the mo-net.com
server. Use of your Mo-Net, Inc. account to engage in the practice of
"mail bombing" is expressly prohibited, and will result in the
cancellation of the account responsible. Participation in any
illegal activity, including but not limited to false or fraudulent messages,
chain letters, or other illegal solicitation or mailing is strictly prohibited,
and may result in suspension of service. Customer agrees that his/her use
of the service will be within the bounds of the "CAN-SPAM" law of the
United States. Anyone outside our system wishing to send e-mail into our
system, and therefore using our system, also agrees to abide by the terms of the
"CAN-SPAM" law of the United States. Sending mail into, or viewing web pages on our system,
constitutes "use" of our system, and thus agreement with the terms of this Agreement.
11. Accessing, or attempting to access another user's computer, whether a
12. Mo-Net, Inc. reserves the right to refuse service to anyone violating any of the terms of this agreement. This includes refusing service to an internal customer, as well as refusing incoming mail and/or web services to outside parties wishing to utilize our facilities. Harassment by, or to our customers is grounds for refusal of service under the terms of this Agreement. Outside parties e-mailing our customers with unwanted mail, commercial or otherwise, for which complaints are received, will be blocked from further sending to our network. Harassing e-mails, whether from or to our customers, are subject to blocking and will be reported to the proper authorities.
13. Mo-Net, Inc. reserves the right to block any incoming e-mail that it deems to be "spam", or Unsolicited Commercial E-Mail. Mo-Net, Inc. will be the sole determiner of the definition of "spam". Mo-Net, Inc. also reserves the right to block any incoming e-mails at the request of a customer if that customer files a complaint regarding such messages.
II. BILLING
1. User is responsible for all telephone charges for connecting to the Mo-Net, Inc. system or other network access node.
2. User agrees to pay Mo-Net, Inc. all charges relating to the use of User's account(s) according to rates and prices published online at the time the service is used. Online rates and pricing are incorporated into this Agreement by reference.
3. Access is subject to credit limits established by the issuer of User's credit card and by Mo-Net, Inc. We may suspend User's access to the service if User exceeds his or her credit limit unless prior arrangements have been made.
4. User is responsible for charges at the time the service is used and Mo-Net, Inc. may apply the amount due to the User's credit card at any time.
5. Mo-net, Inc. shall charge your account a 1.5%, compounded monthly, liquidated damage charge and late fee for any and all delinquent accounts. User expressly agrees that User will pay all reasonable costs of collection including court costs and reasonable attorney's fees.
6. Fees are due in advance of the period for which service is
provided, and are non-refundable.
7. Mo-Net, Inc. reserves the right to suspend access to service for
User's account(s) for delinquent payments or rejection of charges.
8. A returned check charge of $25.00 will apply to all checks returned
by the bank for any reason, including, but not limited to insufficient
funds, closed account, etc. Any account for which a returned check is
received will be immediately debited for the amount of the check, and if
that action causes the account to be delinquent, the account will be
suspended until payment of the amount due, plus the returned check fee is
received.
III. INTELLECTUAL PROPERTY
1. Much of the information available on the Internet is patented, copy written or trademarked and the property of the copyright, trademark or patent holder. Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copy written, trademarked or patented material to any third party without the express written permission of the owner(s) of the intellectual property. Mo-Net, Inc. will suspend any User's account upon receipt of notice of a User's potential or actual infringement of intellectual property laws. User agrees to indemnify and hold harmless Mo-Net, Inc. from any infringement User's potential or actual infringement of applicable intellectual property laws.
IV. LIMITATION OF LIABILITY
Mo-Net, Inc. will use its best efforts to provide you, the User, with continuous, high quality Internet Access. The Internet is a decentralized network of computer systems throughout the world. There is no "system administrator" over the whole Internet, and because of the decentralized nature of the Internet, the quality and availability of any particular service or services is highly variable. As such, Mo-Net, Inc. cannot guarantee you that the particular service will always be available. Consequently, Internet access is provided "as is" without warranty of any kind. Further, Mo-Net, Inc. does not warrant, guarantee or make any representations regarding the use, or the results of the use of the service. In the event that Mo-Net, Inc. is unable to perform any of its obligations under this Agreement because of natural disaster, actions or decrees of governmental bodies or communication line failure not the fault of the affected party, the party who has been so affected immediately shall give notice to the other party and where Mo-Net, Inc. is able to do so, it shall use its best efforts to resume performance. You, the User, have the sole remedy of the return of your fee for the time that all of your access to the internet service is interrupted by the failure of Mo-Net, Inc. to provide you with access to the Internet network.
V. OPERATION
1. Mo-Net, Inc. reserves the right to change,
without notice, certain aspects of the service, including but not limited
to: Access procedure, hours of operation, menu structure, commands,
documentation and services offered.
2. Mo-Net, Inc. reserves the right to delete User's account(s) when
not accessed for more than one year, or if the account is delinquent more
than 30 days.
3. Mo-Net, Inc. may at any time and without notification, delete any held
mail over 30 days old, or in excess of 10 megabytes total storage in a
customer's mailbox. Accounts exceeding 10 megabytes of storage may also
have further mail rejected until the customer downloads a sufficient quantity of
stored mail to bring the account under 10 megabytes of storage. The server
should not be used to store important messages. These should be
immediately downloaded to your computer and stored locally by the
customer. Mo-Net, Inc. shall not be held responsible for the retention or
deletion of any e-mail messages.
4. Mo-Net, Inc. reserves the right, at its sole discretion, to delete
any information entered into the Mo-Net, Inc. system by User. Mo-Net,
Inc. have the right, but are not obligated, to edit information submitted
by User for storage and public access.
5. User agrees that any material submitted for publication does not
violate or infringe any copyright, trademark, patent, proprietary rights
of others, and does not contain anything obscene or libelous, and does not
constitute a personal attack on any other person.
6. Use of database information on the Mo-Net, Inc. system not normally
made public, such as membership lists and in-house electronic mail
distribution lists is subject to approval by Mo-Net, Inc. management.
VI. LEGAL
1. Entire Agreement and Amendments. This Agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein. This Agreement shall not be varied in any particular or respect except by a written instrument executed in the same manner and formality as this Agreement is executed.
2. Severability. In the event any of the provisions of this Agreement are deemed to be invalid or
unenforceable, the same shall be deemed severable from the remainder of this Agreement. If such provision shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
3. Use of the service constitutes your full and complete acceptance of the
terms of this Agreement.