(b)
Charges for services are due in advance for the period billed.
Subscriber's billed on credit cards (cards which are
acceptable to CyberXpress) will also be billed in advance for
the period billed.
(c)
Payment is due fifteen (15) days after the Bill date. In the
event that Subscriber's full payment has not been received
within five (5) days past the Due Date, Subscriber will
receive a notification through eMail. In an event that a
Subscriber's full payment has not been received with ten (10)
days past the Due Date, Subscriber will be charged a $5.00
late charge and sent another notification through eMail. The
amount of $5.00 must be paid in addition to the full payment,
to prevent disruption of service. In the event that a
Subscriber's full payment (plus the $5.00 late charge) has not
been received within fifteen (15) days past the Due Date,
Subscriber's account(s) will be suspended until payment is
received.
(d) In the event a Subscriber issues a bad check,
CyberXpress reserves the right to charge a service charge in
the amount of $25.00 per occurrence. If a credit card is denied, CyberXpress
reserves the right to charge a service charge of $25.00 per occurrence.
(e) If Subscriber fails to use
their account(s) it does not relieve the Subscriber of payment
obligations. Subscriber may cancel services at any given time, unless bound by
a specific term or agreement.
(f) Subscribers that are
using a Prepaid plan that cancel before the end of their term,
will be refunded 50% of every Full Unused Month remaining in
the term. If an account is active in our system, it will be
considered actively using our system. However, CyberXpress strictly reserves the right to refuse any
refund(s) for an account.
5.
Filtering Policy:
(a)
Even though we offer Filtered Internet Access, you can
and will not hold CyberXpress responsible for any reason(s) because you find something objectionable or
illegal through CyberXpress services.
(b)
CyberXpress provides filtering of websites which CyberXpress,
in it's sole discretion,
deems inappropriate for viewing. CyberXpress, to the best of
it's ability and knowledge, will search for and prevent
Internet access to known websites which contain inappropriate
or offensive content or photographs on: pornography, hate,
illegal drugs, and other inappropriate subject matters.
(c)
Subscriber acknowledges and agrees that CyberXpress filtering
of websites relies
on two factors: (i) CyberXpress's subcontracting with thirty-party
firm(s) whose function is to locate known websites and provide
CyberXpress
with filtering information; (ii) Subscriber software
(optionally purchased) that can trace visited websites where
the Subscriber, or an Authorized User, has viewed.
(d)
CyberXpress does not represent nor warrant that all websites
that contain such inappropriate or offensive Content are
filtered. CyberXpress is relying on the Subscriber's
(collectively) to assist CyberXpress in its ongoing endeavor
to locate and filter known inappropriate websites; and because
there may be a difference of opinion between the policies of
CyberXpress and any opinion of Subscriber on whether or not a
website should be filtered, Subscribers' acknowledge and agree
that CyberXpress, at it's sole discretion, shall make the
determination on filtering, and such determination shall be
final.
6.
Internet Content & Copyright Information:
(a)
Subscriber acknowledges that: CyberXpress does not own the
Internet; CyberXpress
is not a content provider (except for CyberXpress's web-page),
and that all Content on the Internet is supplied by others,
which Content is wholly beyond the control of CyberXpress;
Subscriber shall use CyberXpress's service at their own risk;
and Subscriber is solely and entirely liable for all
activities of Subscriber, including any Authorized User on the
Account.
(b)
Subscriber further acknowledges that: CyberXpress provides
access to websites
that contain Content that is protected by copyrights,
trademarks, and other intellectual and property rights
(collectively "Rights"). Subscriber agrees to use
such Content in a legal manner, and Subscriber shall use
CyberXpress's Internet access only to properly obtain and use
Content that: (i) is not subject to any Rights, or (ii) the
holder of Rights has given express authorization for
distribution to the Subscriber.
(c)
Subscriber acknowledges that: Content downloaded may contain
viruses or other programs designed to harm, interrupt, or
compromise programs or files on CyberXpress's or Subscriber's
computer(s). Subscriber agrees that it is their obligation to install current and up-to-date
virus-checking/protection software, and to have a verified
current back-up of
programs and files necessary to properly and accurately
recover from a virus or other loss of data.
(d)
Subscriber further acknowledges that: CyberXpress's filtering
processes may be bypassed with a Filtering-Password.
Subscriber understands that once the Filtering-Password has
been entered, websites that contain inappropriate or offensive
Content can be accessed; and that the Subscriber or their Authorized User agree to immediately take measures to protect
other persons who might view or have access to such Content.
(e) Subscriber agrees that they will NOT and can NOT hold CyberXpress responsible
for ANY Content that they either bring in or send out
through CyberXpress services. Whether it be, but not
limited to: Viruses, Illegal Material, Pornography or
anything else considered illegal or objectionable.
7.
Subscriber Conduct (Netiquette); Certain Acts Prohibited:
Subscriber
agrees that the following acts of Subscriber or any Authorized
User are prohibited and that Subscriber shall not: post,
transmit, or promote any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful,
racially or ethnically offensive, or otherwise objectionable
Content; harass, threaten, embarrass, cause distress, unwanted
attention, or discomfort upon another Subscriber or user of
the Internet; post, transmit, promote, link, or facilitate the
distribution of sexually explicit or other Content which is
deemed by CyberXpress to be inappropriate or offensive; store
sexually explicit content
or photographs, or illegal or prohibited Content on
CyberXpress's server; disrupt the normal flow of dialogue in a
chat room or on a message board or otherwise act in a manner
that negatively affects other users of the Internet;
impersonate any person or entity, including but not limited to
a CyberXpress employee, a forum leader, guide or host, or
communicate under a false name or a name that the Subscriber
is not entitled or authorized to use, or impersonate a minor;
post or transmit a chain letter or pyramid scheme; post or
transmit any unsolicited advertising, promotional materials,
or other forms of solicitation to any user of the Internet,
except in those areas that are expressly designated for such a
purpose; collect or harvest eMail names of other users of the
Internet without permission; "spamming" which can be
described as the use of (and/or appearing to use) the service
for sending unwanted and unsolicited electronic eMail
messages; connect or use of an IRC (chat) server on
CyberXpress's network;
or transmit any communication or solicitation designed or
intended to obtain any password, account, or private financial
information from any user of the Internet; access, attempt to
access, or tampering with CyberXpress's equipment in any
unauthorized manner; violate any law, provision, operating
rule, policy, or guideline of CyberXpress, or any other
interactive service; or violate any applicable local, state,
national, international, or foreign law, or rules or
regulations having the force of law.
Subscriber
agrees to use the service in manner consistent with any and
all applicable laws. In the event that this account is not
used in accordance with all Applicable Laws including, but
not limited to Local, State or Federal Laws, CyberXpress reserves the right to cooperate with all or any law
enforcement agencies.
CyberXpress reserves the right to collect damages (software,
hardware & man hours) if any harm is done (due to Subscriber's
negligence) to CyberXpress which requires repair or
reconfiguration of any kind.
The
following violations of "netiquette" are grounds for
immediate termination of service. When these violations
occur, it puts our company at risk with our own provider(s)
and with other ISPs. Due to their serious nature, and the
work it takes for us to "undo" the damage, there is a
PENALTY assessed for each violation in the amount of $200.00 per occurrence.
(a) Posting a single
article or substantially similar articles (SPAM) to an
excessive number of newsgroups or continued posting of
articles which are off-topic (e.g., off-topic according to
the newsgroup charter or the article provokes complaints
from the regular readers of the newsgroup for being
off-topic).
(b) Sending unsolicited commercial mass
eMailings (i.e., SPAM) whether or not it provokes
complaints from the recipients. If some of the recipients
complain, even if it's from just one recipients, it will be
counted as Spam. If we receive Spam complaints about
Subscriber, Subscriber will need to show written proof that
the eMails they sent were not Spam.
(c) Engaging in
either (a) or (b) from a provider other than CyberXpress and
using an account on CyberXpress as a mail drop (or website)
for responses.
(d)
Continued harassment of other
individuals on the Internet after being asked to stop by
those individuals and/or by CyberXpress.
(e)
Impersonating another user or otherwise falsifying one's
user name in eMail, Usenet postings, on IRC, or with any
other Internet or BBS service. (This does not preclude the
use of nicknames in IRC or the use of anonymous remailer
services.)
(f) Use of IRC "bots" on CyberXpress,
whether on our IRC server or any other. Such software may
not be stored on CyberXpress.
(g) Attempting or succeeding
in hacking, no matter why or how.
Subscribers whose
accounts are terminated for any of the above infractions are
also responsible for the cost of labor to cleanup and
respond to complaints incurred by CyberXpress.
FBI
WARNING: Computer and Internet crimes are
investigated by the FBI utilizing
many criminal statutes under the FBI's jurisdiction. The
Computer Fraud
and Abuse statute was amended during the prior Congress and is
a comprehensive
tool to address computer crimes. Internet crimes conducted to
defraud consumers are addressed within myriad statutes
including Fraud by Wire, Mail Fraud, Interstate Transportation
of Stolen Property, and Money Laundering to name only a few.
Other computer related crimes involving Intellectual Property
including Hacking, Destruction of Property, Industrial
Espionage, Economic Espionage, and Copyright Infringements are
also investigated. Convictions of federal computer and
Internet crimes can involve fines of up to $1,000,000.00 and
imprisonment of up to 20 years.
8.
Subscriber Information:
(a)
CyberXpress, to the best of it's ability, has taken measures
to prohibit unauthorized
access to Subscriber account information, including
Subscriber's name, address, telephone numbers, eMail
addresses, eMail messages, billing information, credit
information, passwords, and credit card numbers. CyberXpress
will not release this information to any third-party, except
at the Subscriber's direction, or as required by law, court
order, subpoena, or criminal investigation by a law
enforcement agency. CyberXpress does not represent that its
efforts cannot be defeated or circumvented.
(b)
Subscriber acknowledges that information released by the
Subscriber to a third-party on the Internet is beyond the
control of CyberXpress. Subscriber understands
that disclosure of information (i.e. eMail address, telephone number,
address, place of work, and other personal information) to any
third-party
should be done with caution. Subscriber and any Authorized
User shall not at any time disclose any Account-Password or
Filtering-Password to any third-party.
9.
Collection of Information
Messages left on CyberXpress's eMail computer systems are stored
for one hundred
eighty (180) days. CyberXpress
does not retain information, except under special
circumstances, on chat rooms, oral on-line communication, or
records with whom the Subscriber communicated with in chat
rooms.
10.
CyberXpress's LIABILITY; DISCLAIMER OF WARRANTY; AND
INDEMNIFICATION:
CyberXpress
MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO
ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION
AS TO CyberXpress's SERVICE, SOFTWARE, INTERNET,
OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES:
THAT CyberXpress DOES NOT OWN THE INTERNET, IS NOT
A CONTENT PROVIDER, DOES NOT ENDORSE, WARRANT, OR
GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED
THROUGH THE INTERNET, AND SUCH CONTENT, PRODUCT,
AND SERVICE IS WHOLLY BEYOND THE CONTROL OF CyberXpress;
CyberXpress PROVIDES ITS SERVICE TO THE INTERNET ON AN
"AS IS" AND "AS AVAILABLE" BASIS FOR
SUBSCRIBER'S
PERSONAL USE. CyberXpress MAKES NO REPRESENTATIONS
THAT INTERNET ACCESS WILL BE AVAILABLE AT ALL TIMES;
THAT SUBSCRIBER ASSUMES ALL RISKS OF
LOSS OR DAMAGE; THAT ANY AFFIRMATION OF FACT OR PROMISE
MADE BY CyberXpress SHALL NOT BE DEEMED TO CREATE
ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER IS NOT
RELYING ON CyberXpress's SKILL OR JUDGMENT IN SELECTING
ANY PARTICULAR SERVICE SUITABLE FOR ANY PURPOSE;
AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE
FACE OF THIS AGREEMENT.
IN
THE EVENT ANY THIRD-PARTY TO THIS AGREEMENT MAKES ANY
CLAIM OR FILES ANY ACTION AGAINST CyberXpress, SUBSCRIBER
AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
CyberXpress FROM ANY AND ALL SUCH CLAIMS AND ACTIONS
AND SHALL PAY ALL COSTS OF SUCH CLAIM OR ACTION,
INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES,
COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY
AGREES TO WAIVE RIGHT OF SUBROGATION, AND
AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE
COMPANY IN ANY ACTION AGAINST CyberXpress.
11.
Service Termination:
(a)
Either party may terminate the service under this Agreement by
giving the other party thirty (30) days advance notice
by way of telephone. Subscriber understands and agrees that
termination of service is Subscriber's sole remedy with
respect to any service dissatisfaction with CyberXpress.
(b)
Notwithstanding paragraph (a) of this section, CyberXpress may
without liability terminate service without further notice in
the event Subscriber violates any of the terms or conditions
contained herein, and CyberXpress shall not be obligated to
refund to Subscriber any unearned portion of prepaid fees.
12.
Determination, Venue, and Non-Waiver:
Any
judicial or other determination nullifying or declaring
unenforceable any clause
or condition herein shall not affect the remainder of this
Agreement, which
shall remain in full force and effect. This Agreement is
performable in Jacksonville,
Duval County, Florida, and venue involving any action in this
Agreement
shall be performed in Duval County, Florida. In the event
CyberXpress fails to enforce any breach of agreement, policy,
or rule, it shall not be deemed to create a waiver of such
enforcement in the future.
Non-enforcement of any section of this Agreement does
not constitute consent and CyberXpress reserves the right to
enforce this Agreement at its sole
discretion.
This
document and the rights and duties of the parties shall be
governed by and interpreted according to the laws of the
State of Florida.
If any
one or more paragraphs in this Agreement is found to be
unenforceable or invalid, Subscriber's and CyberXpress's agreement
on all other paragraphs shall remain valid.
CHOICE OF LAW: Since our
service(s) can be reached by callers from all fifty states, and
around the world. Each of these places has a different set of
laws. Since we cannot keep track of all of these laws and
their requirements, you agree that the law of our own state,
Florida, will apply to all matters relating to this Agreement
and to our bulletin board system. In addition, you agree and
consent that if you ever take legal action against us, the
courts of our own state, Florida, will have exclusive
jurisdiction over any such legal actions.
13.
Personal homepage:
(a)
Personal Homepages with up to 10 megabytes of disk space is
included with Internet Accounts for non-commercial,
not-for-profit use. Reselling of your web space is prohibited unless
expressly contracted with CyberXpress. Sexual
images and illegal material on your web pages are
prohibited.
(b) Subscriber agrees to keep
a current copy of their Personal homepage. CyberXpress does
not keep a copy of personal homepages.
14. Domains:
(a)
Commercial Web site hosting is for commercial use. Reselling of your web space is prohibited unless
expressly contracted with CyberXpress. Subscriber is
responsible for all Third Party fees. Sexual
images and illegal material on your web pages are
prohibited.
(b) If CyberXpress registers a
Domain name for Subscriber, Subscriber agrees to pay
CyberXpress an amount of thirty ($30) for the Domain
Registration by CyberXpress.
(c) If Subscriber wants to
Transfer a Domain from CyberXpress, Subscriber agrees to
notify CyberXpress via Postal Mail on company letterhead prior
to the Domain transfer request. Without prior authorization,
CyberXpress will disregard any Domain Name Transfer Request.
(d) Subscriber is responsible
for obtaining the most recent copy of their Web site before
canceling with CyberXpress. Canceling before getting the Web
site copy from CyberXpress may result in the loss of the
entire site. CyberXpress does not archive nor keep Web sites
after they have been canceled.
(e) Subscriber understands
that CyberXpress provides Website space for Domains and does
not provide or maintain any content. However, CyberXpress can
remove any content off of a Domain or the Domain entirely
without any notification first to Subscriber.
(f) Subscriber understands
that CyberXpress will not take any actions to remove or change
Domain information from a dispute without prior LEGAL
authorization.
15.
Service Connections:
(a)
Subscriber is required to have local telephone service through
the carrier of their choice. Local (non-toll) calling is
necessary for Subscriber to avoid long distance telephone
charges. However, if Subscriber is out of CyberXpress's local
telephone service area, Subscriber may dial CyberXpress's
access number with the understanding that Subscriber is
responsible for all long distance telephone charges.
(b)
Subscriber acknowledges that telephone connection quality
varies between areas of town and individual connections. Modem
speeds are reduced when the modem senses a low-quality
connection. Modem speeds of 56Kb are not obtainable with
current service available from Regional Bell Operating
Companies utilizing a POTS (plain old telephone service) line.
More sophisticated lines are sometimes available from your
local telephone carrier at an additional cost. Subscriber
assumes all responsibility and all liability in connection
with subscriber's telephone service.
(c)
Subscriber acknowledges that Internet connections will drop
requiring a re-dial
into the system if the telephone service looses quality, or
for other reasons,
such as an interruption by call-waiting beep, person
picking-up an extension
line, and other factors, all of which are beyond the control
of CyberXpress.
(d)
Subscriber acknowledges that non-dedicated Internet
connections with CyberXpress
will automatically terminate if Subscriber has not made a
request within
thirty (30) minutes; or if the Subscriber has been connected
for more than
twelve (12) hours. Subscriber shall not devise any method of
automatically requesting
information for the purpose of maintaining a connection; all
requests for websites shall be legitimately made.
(e)
Subscriber acknowledges that while CyberXpress's service has
unlimited dial-ups,
if Subscriber should use CyberXpress's service beyond the
average customers
usage, CyberXpress has the right to council with the
Subscriber on their use, or terminate Subscriber's service.
(f)
Subscriber acknowledges that a single Subscriber account
entitles Subscriber
to one (1) simultaneous Internet connection, unless otherwise
agreed
in writing by CyberXpress. Violations may, at CyberXpress's
option, result in termination of the account.
(g) Subscribers may use their account at any location or locations
they choose under the following terms. 1) An individual
account may NOT be used by persons not a member of the
immediate family. 2) A business account, purchased by an
employer for an employee may not be used by that employee at
home as a personal account. It may, however, be used on a
laptop computer if the employee uses such a computer while
away from the employment location as part of a business trip
or the regular duties of his/her employment.
(h) CyberXpress will not reimbursement for losses of income due to disruption of
service by CyberXpress or its providers.
(i) Neither CyberXpress
nor its Information Providers are responsible for
any damages arising from Subscriber's use of CyberXpress or by
Subscriber's inability to use CyberXpress service.
(j) Subscriber shall pay the
gross amount of any present or future sales, use, excise,
value added or other similar taxes applicable to the price,
sales or delivery of any products or services furnished here
under or to their use by customer.
(k) CyberXpress dialup connections are not intended to
be full-time dedicated connections and we reserve the right
to disconnect a Subscriber for inactivity or for using what we
consider an excessive amount of time
online.
(l) Unless specifically contracted for a full-time
dialup connection, Subscriber may not remain connected when not at
his/her computer.
(m) Subscriber may not run publicly accessible "services" such as SMTP,
HTTP, MUD or IRC servers.
(n) Subscriber agrees not to
resell their account(s). Your account is meant to be for you
to be used by you. If you are dialing into us to provide
Internet Service(s), you are overstepping the scope of your
account, and must have us quote you for a commercial or
business account.
16.
Privacy / Security:
CyberXpress
reserves the right to correct system errors using means,
including but not limited, to examining logs and other
records, accessing an account mailbox, or other various means
necessary to ensure proper functioning of systems. CyberXpress
does not guarantee the security of any eMail or other data on
the system including that transmitted using secure servers.
CyberXpress assumes no liability for the loss of private or
confidential information or material. Subscriber's should be
aware that no computer system/network is safe from system
failures or intrusions by unauthorized parties, and therefore
no sensitive material should be passed through or stored in
the network. CyberXpress will endeavor to provide the latest
security measures.
17. Miscellaneous / Other Specific Rules
- Subscriber
is
responsible for all use of Subscriber's account and
confidentiality of password. We will suspend access or
change access to Subscriber's account immediately upon
notification by Subscriber that his her password has been lost,
stolen or otherwise compromised. CyberXpress is not liable
for any usage and or charges prior to CyberXpress making the
necessary account alteration.
- Subscriber agrees to pay CyberXpress all charges relating to the use of
Subscriber's account according to rates and prices stated online
at the time of commencement of that subscription
term.
- CyberXpress may offer credits to
Subscribers who refer additional users
who sign up for and keep CyberXpress accounts through at
least one billing cycle, provided that the new Subscribers signing
up mention at the time of signup the login name or Customer ID number of the Subscriber who referred
them.
- CyberXpress is not responsible for
Subscriber's personal files residing on
CyberXpress. Subscriber is responsible for independent backup of
his or her data stored on CyberXpress.
- CyberXpress reserves the right to delete
Subscriber's personal files after
one or both parties terminates agreement.
- CyberXpress reserves the right in its sole discretion to delete any
information entered into CyberXpress by Subscriber. CyberXpress and
its authorized representatives shall have the right, but
shall not be obligated, to edit publicly viewable
information.
- Subscriber hereby agrees that any material submitted for publication on
CyberXpress through Subscriber's account does not violate or
infringe any copyright, trademark, patent, statutory, common
law or proprietary rights of others, or contain anything
obscene or libelous. Software intended to facilitate any
such violations or infringements may not be stored on CyberXpress.
- CyberXpress, at its sole business judgment, may terminate this
Agreement immediately or suspend Subscriber's access to the
service upon any breach of this Agreement by Subscriber,
including, but not limited to, refusal or failure to pay for
services provided or by sole judgment of CyberXpress that Subscriber
may be performing activities harmful to CyberXpress or
its Subscribers, employees, vendors, business relationships or any
other users of the Internet.
- Communication systems are subject to degradation of
service from phenomena such as so-called "Line-Noise"
interference and other causes beyond the reasonable control
of CyberXpress.