EDIFAX Dial-up Client Agreement
You may print this form and mail to EDIFAX or
acknowledge agreement on the application form.
Terms and Conditions
This document forms an agreement to provide services between
EDIFAX and ________________________, hereafter referred to as the
"client."
Description of Services
EDIFAX will provide to the client dial-up access to the Internet
through local access numbers in the Hampton Roads Virginia area.
Service includes unlimited connection time, two e-mail accounts, 5 mb of
personal web space, and access to Usenet News groups. Specific
dial-up sessions may be limited to a maximum of 3 hours and 15 minute
inactivity time-outs.
Appropriate Usage
"Spam," or "Spamming," is the broadcasting of
mass quantities of unsolicited Email, which is usually, but not
necessarily, sent for commercial purposes. Spamming is an unauthorized
use of our Email sending and/or relaying resources and will not be
tolerated.
All services provided by EDIFAX may be used for lawful purposes only.
Transmission or storage of any information, data or material in
violation of any United States Federal, State or Local law is
prohibited. This includes, but is not limited to: copyrighted material,
material legally judged to be threatening or obscene, or material
protected by trade secret and other statue. The client agrees to
indemnify and hold harmless EDIFAX from any claims resulting from the
use of the service which damages the client or any other parties.
Payment for Services
Payment is due by the first day in each payment term.
If the client pays via credit card, the payment term may be monthly,
quarterly, semi-annually, or annually.. The client will provide and
maintain a valid credit card number and agrees to authorize a charge
equal to the amount owed on the first day of each term. This charge will
be processed without explicitly obtaining additional authorization each
term.
If the client pays via check or money order, the payment term is each
quarter (January-March, April-June, July-September, and
October-December).
For clients who opt for an six month payment, the payment term begins
on the semi-anniversary date of this agreement (e.g. if this agreement
is dated March 18, the payment terms begin each March 18 and September
18).
For clients who opt for an annual payment, the payment term begins on
the anniversary date of this agreement.
Accounts opened during a payment term will be charged a prorated fee
based on a 30-day month or 90-day quarter, whichever is applicable.
Accounts are in default if payment is not received by the 10th day of
the payment term. If a client's check is returned by the bank as
unredeemable, the client will be deemed to be in default, and will be
liable for a "returned check" charge of $25. Accounts unpaid
by the 15th day of the term may have their service suspended or
terminated. Such interruption does not relieve the client from the
obligation to pay the applicable charges. Only a written request to
terminate service relieves the client of their obligation to pay the
account charge. Accounts in default are subject to a late payment charge
of $10 and interest of 1.5% per month on the outstanding balance. If the
client's state or local law prevents EDIFAX from charging interest of
1.5% per month, the maximum allowable rate for the client's state or
locale will be charged. If the client defaults, the client agrees to pay
EDIFAX its reasonable expenses, including attorney and collection agency
fees, incurred in enforcing its rights under these Terms and Conditions.
Authorized usage and control of account
All files, information and mail under the account will be preserved
for 30 days from the date the payent is due. If the payment is not
received after 30 days, all files, information and mail under the
account may be deleted. If the client wishes to use the service again,
the client must re-apply as a new client. For this, a normal setup fee
will be required. A refundable deposit may also be required.
EDIFAX has the right to delete all data, files or other information
that is stored in the client's account if the client's account with the
company is terminated, for any reason, by either EDIFAX or the client.
All files stored on EDIFAX systems may be inspected at any time by an
authorized agent of EDIFAX. EDIFAX retains the right to make copies of
any and all files for archival purposes. The archives may not be purged
even though the client's account has been terminated and all original
files removed from their account locations.
The client acknowleges that, despite security measures, files stored
on any EDIFAX system are subject to inspection, theft, or corruption by
persons not employed by EDIFAX and agrees to hold EDIFAX blameless in
the event such inspection, theft, or corruption occurs.
The client acknowleges that electronic mail is inherently insecure
and unreliable. The client waives all expectations of privacy and/or
delivery in the use of electronic mail and will not hold EDIFAX liable
in any way for damages or losses caused by the loss, misrouting,
exposure, or corruption of electronic mail or any associated files.
Accounts cannot be transferred or used by anyone other than the
client or their authorized agent. No more than one login session may be
used at any time by the client or any agent. If the client has multiple
accounts, the client is limited to one login session per system account
at any time. Accounts which show activity in violation of this
paragraph are subject to immediate cancellation.
Suspension and cancellation of services
EDIFAX shall have the right to suspend or cancel services to the
client at any time, and for any reason, without notice. If such a
suspension is to last for more than 30 days, the client will be notified
as to the reason. If service is cancelled by EDIFAX, the client will
receive a prorated refund.
Service provided by EDIFAX may be cancelled in writing by the client
at any time with no penalty. Prepaid accounts (other than monthly) with
more than 10 days remaining in the payment term will receive a prorated
refund. If a client received a discount for a six month or one year
prepayment, the refund will be adjusted to reflect a charge for months
used at the full monthly rate at the time the prepayment was made.
Change of rates
EDIFAX reserves the right to change the rate by notifying the client
30 days in advance of the effective date of the change. This notice may
or may not be in writing.
Additional services
If the client requests that EDIFAX provide services not deliniated
herein, the client agrees to pay EDIFAX the rate for such services in
effect at the time such service was rendered.
Control of content
EDIFAX exercises no control whatsoever over the content of the
information passing through EDIFAX systems, other than attemping to
assure the safe, legal operation of their systems. EDIFAX specifically
does not exercise editorial control over any materials it believes to be
legal. The client assumes full responsibility for all materials placed
on the system by the client or on the clients behalf by EDIFAX.
Other aspects
EDIFAX makes no warranties of any kind, whether expressed or implied,
for the service it is providing. EDIFAX also disclaims any warranty of
merchantability or fitness for a particular purpose. EDIFAX will not be
responsible for any damage suffered. This includes loss resulting from
delays, nondeliveries, misdeliveries, or service interruptions caused by
EDIFAX's negligence or the client's errors or omissions. Use of any
information obtained via EDIFAX is at your own risk. EDIFAX
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT
OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE
AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE
CURRENT PAYMENT TERM.
Should any provision of this agreement be held to be illegal,
invalid, or unenforceable by a court law, the legality, validity and
enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order submitted. Use of EDIFAX
services constitutes acceptance of these Terms and Conditions.
Name: _____________________________________________________
Signature: ________________________________________________
Date: _____________________________________________________
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