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General Terms of Service - ACI Technologies LLC
THE GENERAL TOS COVERS ALL SUB OFFICES
St. Louis, MO / Rolla, MO / San Francisco, CA / Washington DC
Warranty Disclaimer
Dialup Access
No warranty's are made regarding the service. We do not guarantee that the service
will be uninterrupted or error free. We exercise no control whatsoever over the
content of information that is passed through our system. The service is provided
on an "as is" basis, from upstream providers.
Warranty Disclaimer Web Hosting Accounts & E-Mail
Accounts
We guarantee 99.6% uptime only on paid top level domain hosting accounts. If
your service down, please notify us immediately through a support ticket. Please
do not call, as e-mail support agents have direct communication with the servers
once we have your information. Free web space (when provided) and e-mail is not guaranteed
specific uptime, and is offered as a value added service.
On both paid and free subscriber services, it is the user’s
responsibility to have a back up file of their site's content. We are not responsible for any hard disk failures, or loss of data
due to corruption. Make sure your webmaster has a copy of your site a precaution.
All support tickets are answered within the hour - 7 days a week, 12 hours per
day. Reseller hosting emergency support is 18 hours per day. Depending on the
issue at hand, please allow additional time for your request to be executed.
Customers on premium e-mail service cannot receive phone support by telephone
for e-mail management, as this service is through a 3rd party vendor.
E-Mail Accounts are provided as a value-add service and have
no warranties whatsoever. We maintain state of the art servers, and make
every attempt to backup and manage our e-mail server messages. We do
backup all inbox contents, however we do not backup any auxiliary service within
the webmail system (Calendars, Address Books, Etc.) Our e-mail services
are not meant for storage. We preserve the right to delete any mail older
than 10 days old. We assume no liability due to natural hardware failure
or data loss.
Responsibility of Use Dialup Internet Access
User shall assume all responsibility for all content distributed, accessed,
or viewed while connected to our service. Under no circumstance shall we be
held liable for your actions while you are using the service. In the event of
a court order, we may provide any and all information that they request of us
to them.
User is responsible for making sure the access number they dial
is a local toll-free call. Under no circumstance will we be responsible for
long distance charges incurred to the end-user by using the service. If you
have any doubts if a number is local, please call your local phone provider.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be
liable for any damages, which result in any way from user's use or inability
to use the service or any part thereof. This includes all direct and indirect
damages, special, punitive or consequential damages that may result from busy
signals, errors, delays in the service, deletion of files, viruses, theft, or
alteration of a user's computer. In the event that we are found liable under
any circumstance under the terms of this agreement, our liability shall be limited
to the unused balance of user's subscription payment pro-rated to reflect the
current term.
Age Limit
Registered customer represents to us that he or she is 18+. User understands that
certain materials available from service provided under the terms of this agreement
may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which
are sexually explicit or may be offensive. User accesses such materials at his
or her own risk. We have no control over and accept no responsibility whatsoever
for such materials.
Restrictions of Use
User understands that the following restrictions are applied to the service:
User May Not:
Send SPAM, or bulk email when dialed into the network.
Post offensive, threatening, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others will incur instant termination.
Transmit anything that is protected by copyright without permission from the
owner of the material.
Attempt to violate the security of any computer network
Engage in any illegal activity.
Block CID from the
dialup management system or use tunneling. If caught user is warned 1
time, and terminated on 2nd offense.
**All above offenses are 100% traceable regardless of funneling,
IP blocking, or other surf redirects.
Dialup Usage Restrictions
At no time is our service is marketed as unlimited ("Unmetered" ports are
available from management only). Our ports are intended for consumer attended
access. Usage is monitored on a daily basis for actual use, and unauthorized
commercial access. Usage of more than 10 hours within a 24 hour period
consistently is flagged as dedicated. Our lines are not for users who require an
"always on" connection with periods of unattended activity. Commercial
or business users may
not signup online. If you plan to use the internet for more than 4 hours
per day, please call our management department for approval or special usage
accounts.
User agrees to allow provider to enforce a 15 minute idle timeout, 4-5
hour session, and up to 150hr monthly access limit on their dialup account
unless specifically changed on the plan. (150
Hours monthly wouldn't be reached unless the user is online 5 hours everyday) Attempts to
defeat the idle timer using a ping bot or system tool, or the use of a dialer
to automatically reconnect once disconnected is prohibited, and accounts are
deactivated without refund. The right to use the service is not transferable,
even if prepaid. Accounts are for registered use only. User shall be responsible
for the confidentiality of user's password. Loaning user's account to others,
connecting a system used by multiple persons, group use of user log-ins, and
consuming more than one modem line are explicitly prohibited. If user has multiple
accounts, then user shall be limited to one log-in session per account at any
given time. Auth-Collision will result in account suspension.
User's rates are permanent unless usage or excessive support
does not allow. You will be notified via mail if your rates will be increased.
It is the customer's responsibility to keep accurate payment and contact information
on file. If your credit card is declined, we reserve the right to immediately
terminate service. Accounts that are suspended due to card declines are charged
a re-activation fee of $3.99. Excessive declines/reattempts to manually
bill for service are billed at $1.00 each. We will make up to 3 attempts
to bill your account before suspension.
Right to Cancel
We reserve the right to cancel service for any reason without prior notice.
In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the
time of cancellation. You will normally be contacted way before this occurs,
if it is of TOS reason. You will be notified in 3 attempts if the company sells
its department to another company. We are not obligated to refund accounts in
violation of TOS.
Privacy Policy
At no time do we sell, rent, or lease your contact or payment information to
3rd parties. If we sell the majority of its assets or
business, it may provide this data to the purchaser of the business so that
they can continue providing service to our end-users. All Information in any
of our services are confidential and used only in each clients relationship
with the company. At no time do we sell, rent, or lease your contact or
payment information to 3rd parties.
Billing Policy
** All billing is done by our parent management company, ACI Technologies.
PayPal payments reflect the name ACI Internet Services. Credit Card Charges will
reflect either ACI Technologies or ACI Internet Services.
Upon signup, the end-user will be billed in full month’s
payments. All recurring transactions take place on the 24th-25th of the month
which prepays for the upcoming month's service.
There are no prorates for first month service unless specifically granted by
management. If the billing is declined, it
is up to management whether we will attempt a re-bill between the 26th and may
continue to do so every few days for service. It is the end users responsibility
to make sure that ACI always has the most up to date contact and billing information
for their account. Under no circumstances will we be liable for fees incurred
by the user for ACI attempting to charge for service. If account is declined
after 26th, it is deactivated. If there should be any billing disputes, all
disputes must be made first through ACI. Any billing disputes done through the
bank and not presented to ACI that result in chargeback fees from the
bank will result in immediate cancellation with and reserved
denial of service with all managed companies until fees are recovered.
We reserve the right to send any unpaid balance to collection and report to the
credit bureaus.
Unless explicitly specified, ACI reserves the right to
increase internet service rates. If the price increase is more than $1.00
USD, 30 days notice will be provided via postal mail to all affected customers.
We accept Visa, MasterCard, AMEX and PayPal for monthly recurring
payments. Payments to be processed via check or money order
must be approved by management ahead of time, or the payment will not be
accepted.
Cancellation Policy
You may cancel your service one of two ways.
By Mail to:
ACI Technologies, LLC
P.O. Box 220582
St. Louis, Mo 63122
By Cancellation Form on Support Website:
http://www.myispcenter.com
Please include your name, address, return phone number, dial-up
username, and email address. A reason for cancellation is appreciated,
but not required.
Cancellations are processed immediately. Cancellation requests must be
received by the 20th of the month to prevent next month's billing from being
processed.
Refunds
There are no refunds
for money order payments unless special circumstances apply. If approved, refunds for annual check or money order subscriptions
are available by the following calculation: Amount Paid minus number of months
since service began * amount monthly + 10.00 for early cancellation based on
current normal rates. A 30 day holdback is placed on all check payments before
issuing a refund to ensure that the check has time to clear the bank. No exceptions
are provided. Refunds will be only given upon request in the first seven (5)
days of service if the user states that they were not happy with the service
provided and provides a reason for cancellation.
Failure to Comply With Terms and Conditions
We may deny user access to all or part of the service without notice if user
engages in any conduct or activities that we in our sole discretion believes
violates any of the terms and conditions in this agreement. If we deny user
access to the service because of such a violation, user shall not have the right
(1) to access through us any materials stored on the Internet, (2) to obtain
any credit(s) otherwise due to User, and such credit(s) shall be forfeited,
(3) to access third party services, merchandise or information on the Internet
through us, and we shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any liability for
consequences resulting from lack of notification. ACI Technologies reserves the
right to change the terms of service at any time without formal notice.
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