Please read
and press the 'I Accept' button if you accept our Terms and
Conditions to continue the order process
INTERNET
SERVICE AGREEMENT
Read This Internet
Service Agreement Carefully Before Using Our Internet Services.
1. INTRODUCTION.
Public-Access.Net Internet Services, Inc. ("PAI") provides its Internet
services, as they may exist from time to time ("Services"), to users
who pay a monthly service fee to subscribe to the Services ("Members")
as well as to those who access some of our Services but do not have
accounts ("Visitors"). By establishing an account or using the Services,
you agree to be bound by this Agreement and to use the Services in
compliance with this Agreement, our Acceptable
Use Policy and other policies. If you do not agree to the terms
and conditions of this Agreement, including any future revisions,
you may not use the Services and if you are a current Member, you
must terminate your use of the Services under Section 10
2. SUBSCRIPTION
REQUIREMENTS.
Members must be at least 18 years old. Local access dial-up numbers
may not be available in all areas. You are solely responsible for
determining if use of a particular dial-up number will cause you to
incur long-distance, toll, or other charges. PAI is not responsible
for any long-distance, toll or other telecommunications charges you
incur. Toll-free (800 #), international, and simultaneous login access
costs are extra. Current prices for PAI’s Services are posted throughout
our website at http://www.public-access.net. These rates may also
be obtained by calling (314) 215-4161. PAI reserves the right to change
prices and institute new fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS
OF A MEMBER.
(a) Members must (i) provide PAI with accurate and complete billing
information including legal name, address, telephone number, and credit
card/billing information, and (ii) report to PAI all changes to this
information within thirty (30) days of the change. Members are responsible
for any charges to their account. (b) Members having questions regarding
charges to an account, should contact PAI’s Customer Service Department
at (314) 215-4161. All charges are considered valid unless disputed
in writing within thirty(30) days of the billing date. Adjustments
will not be made for charges that are more than 30days old. (c) Charges
are billed to Members’ credit cards or debit cards, as applicable,
each month for the basic service and any additional usage or services.
PAI is not responsible for any charges or expenses (e.g for overdrawn
accounts, exceeding credit card limits, etc.) resulting from charges
billed by PAI. (e) If you purchase Services through a reseller who
in turns pays PAI, the reseller must pay all amounts owing for your
account. If the reseller fails to pay PAI any amounts due whether
or not you have paid the reseller your account will be subject to
suspension or cancellation until you or the reseller has paid all
amounts due. (f) Delinquent accounts may be suspended or canceled
at PAI’s sole discretion; however, charges will continue to accrue
until the account is canceled. PAI may bill an additional charge to
reinstate a suspended account. (g) The full monthly rate will be charged
regardless of which day of month a Member subscribes for service due
to contractual agreements with the national network. (h) By subscribing
to PAI's service the Member expressly agrees not to dispute any charges
for service with a credit-card company (i.e. initiate a charge-back
to PAI) and any disputes or other conflicts which may arise between
PAI and the Member shall be handled in accordance with paragraph ten
(10) of this Agreement.
4. MEMBER'S
ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password, and account
designation. You are the only authorized users of your PAI account
and must comply with this Agreement. You must keep your password confidential
so that no one else may access the Services through your account.
You must notify PAI immediately upon discovering any unauthorized
use of your account. Using a personal account for high volume or commercial
use (e.g., revenue generation, advertising, etc.) is prohibited. Email
accounts exceeding 10MB in size may, at PAI’s discretion, be transferred
to a compressed temporary file or storage. PAI may delete the temporary
file from the server 60 days after notifying you. Any free Web site
exceeding 5MB may be suspended until the Member reduces the disk space
usage to 5MB or less or purchases additional megabytes. Any free Web
site exceeding 250MB of traffic will be billed for excess traffic.
You may establish a commercial or high-volume account by calling (636)
458-2866. Members agree not to use any automatic method to avoid inactivity
disconnect or to otherwise maintain a connection unless actively using
it. Members agree not to provide any public information services over
a dial-up connection. PAI may change its POP numbers at any time.
PAI reserves the right to direct Members to use certain numbers to
access the Service or to restrict use of specific access numbers.
Usernames, passwords and email addresses are PAI’s property and PAI
may alter or replace them at any time.
5. MONITORING
THE SERVICES.
PAI has no obligation to monitor the Services, but may do so and disclose
information regarding use of the Services for any reason if PAI, in
its sole discretion, believes that it is reasonable to do so, including
to: satisfy laws, regulations, or governmental or legal requests;
operate the Services properly; or protect itself and its Members.
Please see our Privacy
Policy. PAI may immediately remove your material or information
from PAI’s servers, in whole or in part, which PAI, in its sole and
absolute discretion, determines to infringe another’s property rights
or to violate our Acceptable
Use Policy.
6. DISCLAIMER
OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS
BEING OFFERED BY PAI, PAI DOES NOT CONTROL ANY MATERIALS, INFORMATION,
PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. PAI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR
SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF
THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS,
AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL
MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES
ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. PAI DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. PAI MAKES NO EXPRESS WARRANTIES AND WAIVES
ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH PAI OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN
BY PAI OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. PAI AND ITS
EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING
ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PAI’S CUMULATIVE LIABILITY
TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES
SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE
MONTH PERIOD.
7. WEB SITE
USAGE.
Our site on the World Wide Web with its home pages in the domain public-access.net
or any other site operated by PAI (the "Web site") is a complimentary
information service offered by PAI at no charge to users. We may provide
links on the Web site to other Web sites which are not under our control.
In general, any Web site which has an address (or URL) which does
not contain public-access..net, is such a Web site. These links are
provided for convenience only and are not intended as an endorsement
by PAI of the organization or individual operating the Web site or
a warranty of any type regarding the Web site or the information on
the Web site. You may provide a hypertext link to our Web site on
another Web site, provided that: (a) the link must be clearly marked
"Public Access Internet", (b) the link must "point" to the URL "http://www.public-access.net"
and not to any other pages within the Web site, (c) the appearance,
position and other aspects of the link may not be such as to damage
or dilute the goodwill associated with our name and trademark(s),
(d) the appearance, position and other aspects of the link may not
create the false appearance that an entity is associated with or sponsored
by PAI , (e) the link, when activated by a user, must display this
Web site full-screen and not within a "frame" on the linked Web site,
and (f) PAI may, in its sole discretion, revoke consent to link to
our website at any time. All other hypertext links to the Web site
must be approved in writing by PAI. Some portions of the Web site
are made available for the free exchange of ideas by participants
and are not regularly monitored nor moderated by PAI. PAI assumes
no responsibility and makes no warranty that it will undertake to
screen or remove such material. You agree to hold PAI harmless from
all claims based upon the materials posted by others. Also, in exchange
for availing yourself of the opportunity to upload or provide information
to this site and any associated chat rooms or discussion areas, you
will indemnify PAI from any claims made by third parties regarding
the material that you provide. Personal information posted by you
to the Web site is posted at your own risk. PAI will have no liability
arising from use of that information . You shall not use the Web site
to distribute or publish any advertising of goods or services, solicitations
for funds, or other commercial messages. You agree that you will not
post, upload or otherwise introduce a virus or other harmful code
onto the Web site. Your posting of material on the Web site or providing
material to PAI to use on the Web site will be deemed to be a grant
by you to PAI of a license to the material to include the material
on the Web site and to reproduce, publish, distribute, perform, display,
and transmit the material and to prepare derivative works as may be
reasonably necessary to do so, and you waive all rights of attribution
and integrity with respect to the material .
8. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this Agreement
and any future versions. If you are dissatisfied with the Services
or any related terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to discontinue using
the Services and, if you are a Member, to terminate your account.
9. TERMINATION.
You may terminate your account at any time and for any reason by providing
notice of intent to terminate to PAI by: registered or certified mail,
return receipt requested addressed to Public-Access.Net Internet Services,
Inc., Customer Service, 1374 Clarkson/Clayton Center, PMB 324, St.
Louis, Missouri 63011; or telephone calls directed to Customer Service
at (636) 458-2866. Email termination of your basic Internet access
account will not be accepted. Your termination will only be complete
upon your receipt of a cancellation confirmation number from PAI.
Charges to your account will stop accruing the day PAI provides you
with cancellation verification. Based on your billing cycle, charges
accrued prior to your termination may apply after you receive a cancellation
confirmation. Email cancellation requests will not be accepted. If
your account included space on PAI’s servers or services of PAI's
providers, anything stored on this space will be deleted upon termination.
Without prior notice, PAI may terminate this Agreement, your password,
your account, or your use of the Services, for any reason, including,
without limitation, if PAI, in its sole discretion, believes you have
violated this Agreement, our Acceptable Use Policy, or any of the
applicable user policies, or if you fail to pay any charges when due.
PAI may provide termination notice to you by: email addressed to your
email account or by US Mail or courier service to the address you
provided for the Services. All notices to you shall be deemed effective
on the first (1st) calendar day following the date of electronic mailing
or on the fourth (4th) calendar day following the date of first-class
mailing or deposit with a commercial courier service. Sections 3,
4, 6, and 10 of this Agreement shall survive termination of this Agreement.
10. JURISDICTION.
This Agreement is governed by Missouri law without regard to conflict
of law provisions. The federal and state courts located in Missouri
alone have jurisdiction over all disputes arising out of or related
to this Agreement and the Services. You consent to the personal jurisdiction
of such courts sitting in St. Louis, Missouri with respect to such
matters or otherwise between you and PAI, and waive your rights to
removal or consent to removal.
11. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and
PAI’s other user policies posted on PAI’s Web site constitute the
entire agreement between you and PAI with respect to your use of the
Services. PAI may revise, amend, or modify this Agreement, the Acceptable
Use Policy and any other user policies and agreements, at any time
and in any manner. Notice of any revision, amendment, or modification
will be posted on PAI's Web site (http://www.public-access.net) and/or
on Member's start pages and/or by email and/or in our various publications
and mailings to Members.
12. OTHER:
Web Hosting
Domain name registration requires a separate fee that will be billed
directly to PAI and paid in your behalf to Network Solutions or other
a applicable registration authority. There is no refund to PAI or
the Customer once a domain name has been registered. All domain names
that use PAI's or its providers nameservers must be authorized by
PAI or the application may be denied or delayed.
Email and News
Email messages greater than 2MB may not be transmitted by PAI or its
providers mail servers. Access to PAI or its providers mail and news
servers will be granted only to users accessing the Internet by means
of a PAI-authorized IP address. Newsreader accounts may not be shared
or resold. News articles must be selected manually. Automated selection
of news articles (e.g., news-sucking) is prohibited. News Service
(UseNet) has a maximum daily download limit of 500Mb (contact us if
you need additional capacity) which is reset at 12:01AM (CST) each
day.
No-Proration
of Fees
Service is monthly effective on the first day of each month at 00:00
(GMT) through the last day of each month 00:00 (GMT) and charges are
not pro-rated when signing up for service due to national network
fees thus an entire month is due and payable regardless of the date
you initially sign up for service.