Amicron Internet Use Policy
If you have any questions regarding this policy, please contact us.
Please note that you are subscribing for a month-to-month dialup account which will automatically renew each month. If you wish to cancel your account, to prevent your credit card from being charged you must contact us BEFORE your account renewal date - which will be located on your monthly statement. Be sure to make sure that we acknowledge receipt of your cancellation. Monthly statements will be sent each month by email, so be sure to check your email regularly. You can optionally request your statement to be sent via fax. There is a $1.00 statement charge if you wish your statement to be sent via US mail.
Also, please note that we do not provide any special software with your dialup account. Our service uses the Dialup Networking software which comes with Windows 95, 98, Me, NT, 2000, and XP. If you have one of these operating systems, you already have all of the software necessary to access the Internet. Please consult your Windows software user manual for specific instructions for connecting to the Internet. You will be provided with a dialup phone number, username, and password when you sign up for your account.
All customers are billed in advance. All customers are billed from the date they are activated to the
date they are disconnected. AMICRON will maintain a customer service department
to handle any billing disputes which are submitted by a subscriber whether by
telephone, in writing or by e-mail. Once notice of changes have been displayed
over the service, AMICRON reserves the right to adjust this agreement, price
structure, operating regulations and/or may cease or revise any or all aspects
of the service without prior notice. Unless otherwise agreed, subscriber's
rights to use the service or to appoint users is not transferable and is subject
to any limits established by AMICRON, or by a subscriber's credit card company
if billing through a credit card. Subscribers shall pay, in accordance with the
provisions of the Billing Option selected by the subscriber, any registration or
monthly fees, connect time charges, minimum charges and other charges incurred
by the subscriber or its designated users at the rates in effect for the billing
period in which these occurred, including but not limited to charges for any
purchases made through the Service and any surcharges incurred using any
supplemental networks or networks or services other than the Service.
Subscribers shall pay all applicable taxes relating to use of the Service by
member or its designated users. Subscribers shall be responsible for all use of
the Service accessed through the subscriber's or its designated user's
password(s).
Subscribers will be responsible for and must provide
all equipment including but not limited to computer, modem, telephone, etc.
necessary to access the service. Neither subscribers nor their assigned users
may reproduce, retransmit, redistribute, transfer, publish or commercially
capitalize on any information, software or general content which they receive
via the service. Neither AMICRON nor any of its content providers, licensers,
employees or agents warrant that the service will be uninterrupted or error
free; make any warranty as to the results to be obtained from the use of the
service. The service is distributed on an "as is" basis without
warranties of any kind, either expressed or implied. Neither AMICRON nor anyone
else involved in creating, producing or delivering the service shall be liable
for any direct, indirect, special or consequential damages developing out of use
of the service. Subscribers expressly acknowledge that the provision of this
agreement shall also apply to the third party content.
AMICRON provides free technical support via email and fax only. Phone-based technical support will be billed at the then-current rates for phone-based technical support when such calls are made. AMICRON may provide free phone-based technical support SOLELY at the discretion of our technicians, and only for getting connected to the Internet upon the signup of a new prepaid Internet plan. AMICRON does not provide any software to access the Internet. All AMICRON Internet services are accessible using dialup networking (Windows 98, Me, NT, 2000, and XP) and Microsoft Internet Explorer version 5.0 or higher. We do not support any other software applications or operating systems. While POP3 email services are available, we do not guarantee or support any POP3 email programs, including Microsoft Outlook or Outlook Express. A Web-based email program is available on our web site. For information on our POP3 and SMTP settings, please email support@amicron.com.
If member's account is a qualified business account
and approved AMICRON for corporate billing, charges for the services provided
under this Agreement will be accumulated and identified by User ID and will
normally be invoiced prior to the beginning of the period in which the service
is provided. Terms of payment on all charges are net ten (10) days. If payment
due hereunder is not made by the member within ten (10) days after the invoice
date, late charges of one and one-half percent (1.5%) per month shall be due and
payable with respect to such payment. AMICRON may, in addition, at its sole
discretion and without notice to the member, (a) suspend its performance under
this agreement and the member's and its designated users' access to and use of
the Service, or (b) terminate this agreement and member's and its designated
users' access to and the use of the Service. For accounts not approved by
AMICRON for corporate billing, member must provide payment in advance by credit
card or company check. Checks returned for Non-Sufficient Funds will be debited
against the customer's account and a fee of $25.00 for each returned check will
be charged against the customer's account.
AMICRON offers Internet access and related services
through its system to its subscribers. AMICRON does not and cannot control the
content, quality or accuracy of information available through its system(s) or
over the Internet in general. These terms and conditions of sale set forth the
basic rules which apply to AMICRON services and use of its system. AMICRON may
change these terms and conditions of sale in the future upon notice published
on-line or otherwise provided by AMICRON. By using AMICRON services and system,
a subscriber agrees to comply with the terms and conditions of sale as published
online or otherwise available AMICRON from time to time. AMICRON
services and system may only be used for lawful purposes and consistent with all
rights of other parties. Without limiting the foregoing, AMICRON services and
system shall not be used in a manner which would violate any law or infringe any
copyright, trademark, trade secret, right of publicity, privacy right or any
other right of any person or entity or for the purpose of transmitting or
storing of material which is obscene, libelous or defamatory. Use and access to
other networks through AMICRON'S system must comply with the rules for such
other networks.
The services provided by AMICRON are expected to
change from time to time. AMICRON reserves the right to change any service
offered or the features of any service offered or its system without notice,
including changes to access and use procedures, such as idle disconnections, and
system hardware and software. A subscriber must pay fees per AMICRON rate
schedule in effect from time to time as a condition to obtaining access to
AMICRON services and system. Rate changes will be effective when published
on-line or otherwise provided to subscribers. Payments not made within 10 days
of billing date are considered delinquent. Delinquent accounts are subject to
immediate suspension and/or termination without notice. AMICRON may, at its sole discretion, terminate the
subscriber's account at any time with or without reason. AMICRON also may, at
its sole discretion, suspend a subscriber's account at any time with or without
reason. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE
AMICRON may delete all data, files or other information that is stored in
subscriber's account upon termination. As a courtesy to subscribers, AMICRON has
accumulated a library of software which is "shareware" or
"freeware". AMICRON is not the author of or otherwise responsible for
any of such software or engaged in the sale or licensing of such software.
AMICRON makes no warranty of any kind, either expressed or implied, with respect
to freeware or shareware available to subscribers. AMICRON accepts no liability
of any kind with respect to such software and/or damages resulting from use
thereof. Subscriber and any other user assumes all risk of all kinds with
respect to such software. Subscriber and not AMICRON must pay all shareware
license fees. No subscriber or user will assert any claim against AMICRON with
respect to any shareware or freeware obtained through AMICRON.
Use of AMICRON services and system and the Internet
in general is at user's sole risk AMICRON does not warrant that its services and
system will be uninterrupted or error free; nor does AMICRON make any warranty
as to the results or information obtained from use of its service or system or
the Internet in general. AMICRON services and system are provided on an "as
is," "as available" basis without warranties of any kind, either
expressed or implied, including implied warranties of merchantability or fitness
for a particular purpose, all of which warranties are hereby expressly
disclaimed except to the extent any warranty cannot be disclaimed under
applicable law. Under no circumstances shall AMICRON be liable for any indirect,
incidental, special or consequential damages, including, without limitation,
loss of profits. The maximum liability AMICRON to any subscriber or user for any
and all loss, claim, damage or liability of any kind, including due to AMICRON'S
negligence, shall be limited to the amount paid by the subscriber or user to
AMICRON during the six month period preceding the claim. The subscriber agrees
to indemnify and hold harmless AMICRON, its directors, officers, shareholders,
agents, employees and its other subscribers from any and all claims,
liabilities, damages, or expenses, including attorney fees, arising out of or
resulting from any and all use of subscriber's account whether or not
authorized. Subscriber's account and right to use AMICRON services and system is
not transferable without AMICRON'S consent. Subscriber agrees to protect its
password and account and to keep them secure from unauthorized users and use.
Electronic mail and other transmissions passing over
the Internet and through AMICRON'S system are not confidential. Accordingly,
AMICRON cannot guarantee the protection or privacy of any information of any
user. AMICRON reserves the right to monitor a user's mail and transmissions as a
necessary incident to providing service and otherwise to protect the rights or
property of AMICRON. AMICRON will not disclose any such information unless
required to do so pursuant to a court order, subpoena, or similar legal request
or otherwise on the advice of counsel. Sending unsolicited mail messages,
including, without limitation, commercial advertising and informational
announcements, is explicitly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of the AMICRON. These
terms and conditions supersede all other written and oral communications or
agreements with regard to the subject matter. A waiver or modification of these
terms and conditions shall only be effective if in a writing signed by an
authorized officer of AMICRON. These terms and conditions shall be governed by
and interpreted in accordance with the laws of the State of New York without
regard to choice of law principles.