PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. Before you begin to explore the Internet, you ("you", "your", "yourself", and/or "subscriber") will need to review the following terms and conditions of Cape Cod Mail (the "Access Service Cape Cod Mail "). These terms and conditions will constitute a binding contract between you and Cape Cod Mail . They explain Cape Cod Mail Service's obligations to you, and explain your obligations to Cape Cod Mail when you use the Access Service. By using Cape Cod Mail Internet Access Service, you agree that your use of the Access Service and your access to the Internet is provided in consideration of your agreement to abide by these following terms and conditions.
3. You agree that Cape Cod Mail may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on Cape Cod Mail home page, or on notification to you by e-mail or United States mail. 4. You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Cape Cod Mail Services with written notice by United States mail. Notice of your termination will be effective on receipt by Cape Cod Mail Services. 5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions. 6. Cape Cod Mail reserves the right to distribute informative e-mail's to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our service. These announcements are predominately informative in nature and often provide our subscribers with notification describing changes, upgrades, and other critical information pertaining to this evolving medium. II. Registration Information. 1. You agree to provide Cape Cod Mail with accurate, complete, and updated registration information. If you do not provide Cape Cod Mail with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately. 2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. III. Internet Access Service. 1. Cape Cod Mail Internet Access Service will provide you with: (1) connectivity to the Internet through Cape Cod Mail Internet Access Service; (2) free customer technical phone support; (3) fully licensed Internet access software, and (4) ISDN Internet access. Net link Plus Reserves the right to limit access to 200 hours per month. "The term Unlimited" refers to 200 hour of service. 2. The Internet is not owned, operated, or managed by, or in any way affiliated with Cape Cod Mail or any of Cape Cod Mail affiliates. The Internet is an international computer network of both Federal and nonfederal inter-operable packet switched data networks. Cape Cod Mail cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. 3. You agree that Cape Cod Mail retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if Cape Cod Mail , in its sole discretion, determines that you are in violation of this Agreement. You agree that, if Cape Cod Mail determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that Cape Cod Mail will have no liability to you for any restriction or termination of your Access Service pursuant to such violation. 4. You agree that if Cape Cod Mail terminates your Access account as a result of your violation of Cape Cod Mail Online Policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to you by you and Cape Cod Mail as liquidated damages and not as a penalty. You further agree that if you violate Cape Cod Mail Online Policies, Cape Cod Mail may refuse to accept any application for renewal or re-subscription following cancellation. 5. You are responsible for verifying that the phone number you are calling the Internet through Cape Cod Mail is a local access number to which your computer is dialing. Any telephone charges associated with your access to the Internet through Cape Cod Mail Services are solely your responsibility. Cape Cod Mail DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON. IV. Content of Communications. 1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on Cape Cod Mail computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service. 2. You agree that Cape Cod Mail has the right, but not the obligation, to remove Content from Cape Cod Mail computer servers, which Cape Cod Mail , in its sole discretion, determines to be in violation of this Agreement or Cape Cod Mail Online Policies. 3. As a matter of policy, Cape Cod Mail does not prescreen Content placed on Cape Cod Mail Services computer servers by any of its subscribers. Cape Cod Mail does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Cape Cod Mail Services servers which may violate this Agreement or Cape Cod Mail Online Policies. In addition, Cape Cod Mail cannot ensure the prompt editing or removal of any Content, which may violate this Agreement or Cape Cod Mail Services Online Policies after such Content has been posted on Cape Cod Mail servers. 4. The Internet provides access to individuals who are not Cape Cod Mail subscribers. Cape Cod Mail does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet. 5. Please be advised that, despite Cape Cod Mail efforts, you may receive Content, which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that Cape Cod Mail will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet. V. Copyright and Other Rights. 1. The Access Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service. 2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licenser of the Rights in such Content. 3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability. 4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights. 5. You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, web space or software libraries) you are requesting Cape Cod Mail to make that material available to other Internet users and that such access will result in copies of your Content being transmitted to others. In order to permit Cape Cod Mail to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, Cape Cod Mail a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to service your request. VI. Cape Cod Mail Access Service Software. 1. Your use of the Access Service gives you limited rights to use the software through which you access Cape Cod Mail Internet Access Service and the Internet (the "Access Service Software"). Cape Cod Mail grants you a non-exclusive, nontransferable, revocable, limited sublicense to use the Access Service Software for connecting to the Access Service in accordance with this Agreement. 2. You agree that your use of the Access Service provides you access to proprietary features of Cape Cod Mail Internet Access Service and of software provided by Cape Cod Mail Services licensers. 3. Cape Cod Mail and its software licensers have Rights in the Access Service, including but not limited to: software, software documentation, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features. 4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Service that is owned by Cape Cod Mail or its licensers. VII. NO WARRANTY. THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. 1. Cape Cod Mail exercises no control whatsoever over the content of the information passing through Cape Cod Mail system. Use of any information obtained via Cape Cod Mail Services is at User's risk. Neither Cape Cod Mail Services nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Cape Cod Mail make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Cape Cod Mail , ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Cape Cod Mail NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 2. You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. 3. Cape Cod Mail disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Cape Cod Mail or Cape Cod Mail subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and; (8) loss or liability resulting from acts of God. 3. You agree that Cape Cod Mail Service's entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Cape Cod Mail liability is limited to the extent permitted by law. VIII. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL Cape Cod Mail , ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Cape Cod Mail IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Cape Cod Mail LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT TERM. 1. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Cape Cod Mail Services in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. IX. Indemnification. 1. You agree to defend, release, indemnify, and hold Cape Cod Mail , its affiliated companies and licensers, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Service. 2. You agree that Cape Cod Mail has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section. X. Termination. 1. You agree that you or Cape Cod Mail may terminate this Agreement for any reason at any time .2. Cape Cod Mail must receive a termination request by means of e-mail or signed letter. Due to security reasons no accounts can be canceled via phone. 3. You agree that your only right with respect to any dissatisfaction with any: (i) Agreement term, policy, or practice of Cape Cod Mail Services in operating the Access Service; (ii) Content available on or through the Access Service or change therein; or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1. 4. You agree that Cape Cod Mail has the right, but not the obligation, to delete all program, data, or other files on Cape Cod Mail computer servers that are associated with your account at the time of termination. 5. Only the person whose name is on the account will be able to:(A) Change User ID and/or Password (B) Cancel an existing account (C) Some restrictions may apply to your selection of user id. 6. The following are nonrefundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub C charges and C charges. 7. A $50.00 processing fee will be charged for early cancellation of multi-month and multi-year prepaid contracts. Legitimate reasons for cancellation will be evaluated on a case-by-case basis. 8. Shipping and Handling charges are nonrefundable. XI. Law. 1. You agree that this Agreement and Cape Cod Mail Services Online Policies comprise the entire understanding between Cape Cod Mail and you, and supersede any prior agreements between you and Cape Cod Mail with respect to the subject matter of this Agreement. 2. You agree that, if any portion of this Agreement or Cape Cod Mail Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the state of Massachusetts, excluding its' conflicts of law rules. You and Cape Cod Mail each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the state of Massachusetts. X. Limitations of Dial-Up Services 1. Although Cape Cod Mail advertises "Unlimited Access" in regards to some of it's Dialup services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Cape Cod Mail , services by any such User, which restricts overall Cape Cod Mail system availability for other such Users. These limitations apply only to Dialup access services offered by Cape Cod Mail . a) Idle Time-out - User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Cape Cod Mail service. b) Maximum Single Session - User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session. c) Minimum Reconnect Limit – User understands they cannot log back onto the Cape Cod Mail system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination. d) Multiple, Concurrent Online Sessions - User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased. User agrees to pay for one additional account for each extra Concurrent Online sessions over and above the number of account purchased. e) Non-Dedicated Service - User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of the backbone provider and is beyond the control of Cape Cod Mail . Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection. Our backbone provider(s) define a dedicated connection as greater than 150 hours of usage per month. The end-users account may be disabled at the dedicated user limit. XI. No Confidentiality Information transmitted through Cape Cod Mail and through the Internet in general is not confidential. Cape Cod Mail cannot and shall not guarantee privacy or protection of any User. Cape Cod Mail reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Cape Cod Mail .
XII. Customer Information XIII. No System Backup 1. Cape Cod Mail does not and will not perform system backups on any User's E-mail account(s). Cape Cod Mail shall not be held responsible for any lost E-mail data, e-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Cape Cod Mail will not provide historical data, to any party for any reason, regarding any system or Internet activity. 2. Cape Cod Mail does not and will not perform system backups on any web sites. Cape Cod Mail shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Cape Cod Mail Services will not provide historical data, to any party for any reason, regarding any system or Internet activity. XIV. Cape Cod Mail Online Policies Cape Cod Mail dedication to customer service means that Cape Cod Mail strives to maintain an Internet Access Service ("Access Service") that provides Cape Cod Mail customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner. Cape Cod Mail Internet Service's Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Cape Cod Mail Internet Service's Account Charges; the Content of the Online Material that you may find on or through the Access Service; purchasing Online Goods and Services through the Access Service; and how to report complaints regarding a person's online conduct by using the Cape Cod Mail Complaint Response Procedures. Cape Cod Mail Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Service by engaging in any of the activities prohibited below, Cape Cod Mail may suspend or terminate your account. As explained in your subscriber agreement, your use of Cape Cod Mail Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, defamation, and the right of privacy, false advertising, and fraud. In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by the rules of proper Internet conduct. Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on Cape Cod Mail Internet Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience. 1. PROHIBITED/ABUSE ACTIVITIES. For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form. When using the Access Service: (a) Defamation. You agree not to post or transmit any information in violation of any applicable law. (b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on. c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. (d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., the field areas) that are designated for such a purpose. (e) Copyright Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's or entity's copyright in all or any part of the information. (f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's rights in its trademark, trade dress, or service mark. (g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity. (h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Service. (i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information. (j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an Cape Cod Mail official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting. (k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service. (l) Inappropriate Content. You agree not to post or transmit on or through the Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list. (m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service; (n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities. (o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service. (p) Multiple Accesses. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time. If multipliable connections are detected you will be bill for the additional accounts. (q) Abuse of Cape Cod Mail Procedures. You agree not to make false or unverified complaints against any Cape Cod Mail subscriber, or otherwise abuse any of Cape Cod Mail Complaint Response Procedures. (r) Systems Abuse. You agree not to abuse Cape Cod Mail Internet Service's system by causing any harm to the system so that it inhibits other users ability to effectively use the system. (s) SPAM. You agree not to post or cross post, regardless of content, of the same message to 20 or more newsgroups/e-mail. Any User caught Spamming is subject to a $200.00 penalty and will be banned from the service for life. No warning will be issued, no second chances given. Spam laws utilized but this site fall under the state of Massachusetts, the state user resides in and all federal statues that exist. (t) E-mail. You agree not to send messages or attachments over 100k in size. You agree not to allow your mailbox to exceed 5megs of storage capacity. (v) Relay Servers. You agree that any unauthorized use of any e-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. (w) Fraudulent Addressing. You agree that the purposeful distribution of any e-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any e-mail messages sent while using the Cape Cod Mail service. 2. CONTENT OF ONLINE MATERIAL. Cape Cod Mail Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on Cape Cod Mail computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account. As a matter of policy, Cape Cod Mail does not prescreen Content placed on Cape Cod Mail computer servers by any of its subscribers. Cape Cod Mail does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Cape Cod Mail Services servers which may violate Cape Cod Mail Services rules, nor can Cape Cod Mail ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on Cape Cod Mail Services servers. You may, therefore, receive offensive and unsolicited Content that Cape Cod Mail cannot control. Although Cape Cod Mail retains the right to remove Content from Cape Cod Mail computer servers that violates its subscriber agreement, the Access Service provides access to users who are not a part of Cape Cod Mail . Cape Cod Mail does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet. Accordingly, Cape Cod Mail cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. Cape Cod Mail suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. Cape Cod Mail recommends the installation of "Surf Watch," which is available at http://www.surfwatch.com. However, no parental control software is perfect. Your use of such software is solely at your own risk. Cape Cod Mail makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service. 3. PRIVACY OF COMMUNICATIONS. Cape Cod Mail Services intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that Cape Cod Mail has the right, but not the obligation, to monitor or disclose the contents of private communication, if Cape Cod Mail , in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect Cape Cod Mail rights or property; or (3) in emergencies when a person's physical safety is at issue. 4. ONLINE GOODS AND SERVICES. Cape Cod Mail does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. All such Content, goods, and services are made available by independent third parties and are not part of Cape Cod Mail or controlled by Cape Cod Mail Services. Please remember that Cape Cod Mail does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Service, and your use thereof is solely at your own risk. You should use your best judgment and exercise caution when purchasing a product through the Access Service. Cape Cod Mail will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service Cape Cod Mail assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions Cape Cod Mail disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site. By using the Access Service you agree that neither Cape Cod Mail nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage caused, or alleged to have been caused by your use of, or reliance on, any Content, goods, or services available on or through the Access Service. 5. ACCOUNT CHARGES. Your monthly account charges are payable in advance. If you terminate your account, you will receive a prorated refund for any access time credited to your account less processing fee. If your account is terminated by Cape Cod Mail Services because of violations of Cape Cod Mail Services Online Policies, you will not be entitled to a prorated refund, such forfeiture being agreed to you and Cape Cod Mail Services as liquidated damages and not as a penalty. You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify Cape Cod Mail of a breach of security by calling Cape Cod Mail a 508-760-3758 and change your password. Please be advised that the Contact Person or Owner of the Cape Cod Mail Services Internet Account is solely responsible for activities conducted through, on or with their Cape Cod Mail Internet Account. If you, or someone to whom you have given access to your account, violates the Cape Cod Mail Internet Access Agreement, your account will be canceled. If you pay by credit card, you expressly authorize Cape Cod Mail to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You re-authorized Cape Cod Mail to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization by e-mail or signed letter. Cape Cod Mail may immediately terminate your account, in Cape Cod Mail Internet Service's sole discretion, for declined credit cards, returned checks, or any other nonpayment of account charges. A billing cycle will begin on the date you purchase the Access Service and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Access Service. If any instrument received in payment is returned to Cape Cod Mail Services unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $35.00. If your account is canceled or interrupted for nonpayment, you must continue to pay your monthly account charges. Only you're written or e-mail request to terminate your account will relieve you of your obligation to pay your monthly account charges. If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay Cape Cod Mail its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Cape Cod Mail rights under Cape Cod Mail Access Agreement. 6. COMPLAINT RESPONSE PROCEDURES". Cape Cod Mail dedication to customer service means that Cape Cod Mail takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both Cape Cod Mail subscribers and complaints by other Internet users. Cape Cod Mail believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner. Cape Cod Mail Services will respond to any complaint that involves online activities that are Prohibited Activities under the Cape Cod Mail Services Online Policies. Cape Cod Mail Services will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about Cape Cod Mail subscribers. Under these procedures, Internet users -- including Cape Cod Mail subscribers -- are responsible for monitoring use of the Internet by others. Cape Cod Mail will issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of continuing improper activities. If you have any questions regarding these policies, you can call Net Cape Cod Mail Customer Service Department at to Submit a Complaint: 1. Form of Complaints may be submitted in any form: by e-mail sales@capecodmail.com, or mail to:
Diversified Technologies
|
|||||
