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All
provisions of this SULPHUR CANYON INTERNET SERVICES ("SCIS")
Service Contract ("Agreement") apply to the User's Principal
Account and Associate Accounts billed to the Principal Account.
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The
benefits of rights conferred by this agreement are non-transferable.
Use of SULPHUR CANYON INTERNET SERVICES accounts is expressly
Limited to the individual or business whose name appears on the
accounts and dependents of the account holder living at the same
address.
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User
agrees to use the service in a manner consistent with any and
all applicable laws.
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User
agrees to follow the Acceptable Use Policy of a network the user
connects to, Including SULPHUR CANYON INTERNET SERVICES system.
Dial-up accounts are not to be used as dedicated accounts at any
time. These connections should be allowed to come up and down
as necessary with use. Any attempts to maintain a dedicated connection
will result in the customer paying for a dedicated account from
the inception of the contract and/or the termination of service
at the sole discretion of SULPHUR CANYON INTERNET SERVICES. Dial-up
accounts are offered solely for personal, interactive Internet
access. Accounts may not be used for automated, unsupervised use
of the Internet or simultaneous connections by multiple people.
Account access time may be limited at the sole discretion of SULPHUR
CANYON INTERNET SERVICES during periods of heavy use. Accounts
may not be kept connected with a keep-alive of any sort, such
as setting an email program to check mail periodically unattended.
SULPHUR CANYON INTERNET SERVICES may disconnect dial-up connections
after extended periods of inactivity or unauthorized use. In addition,
dialup accounts may not be used for proxy servers. Customer will
be liable for full amount of a dedicated account from the first
date of usage if it is found a customer is using a dialup account
for a proxy server.
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If
user is less than 18 years of age, Agreement must be signed by
a parent or legal guardian, who is responsible for all charges
related to the use of the user's account(s).
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Use
of SULPHUR CANYON INTERNET SERVICES for advertising or promotion
of a commercial product or service without the express, written
consent of SULPHUR CANYON INTERNET SERVICES is prohibited.
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User
is responsible for all use of the User's accounts and confidentiality
of password(s). SULPHUR CANYON INTERNET SERVICES will suspend
access to User's account(s) within a reasonable time upon written
notification by User that his/her password has been lost, stolen
or otherwise compromised.
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User
is responsible for all local and long distance telephone charges
for connecting to SULPHUR CANYON INTERNET SERVICES.
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User
agrees to pay SULPHUR CANYON INTERNET SERVICES all charges relating
to the use of User's account(s) according to the rates and prices
published on-line at the time the service is used. On-line rates
and prices are incorporated into this agreement by reference.
User is also responsible for monthly storage charges as described
on-line. Use of the system shall be conclusive acceptance and
agreement of the rates, prices and storage charges published on-line
whether or not User may take steps to verify such prices prior
to use.
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User
is responsible for charges at the time the service is used and
SULPHUR CANYON INTERNET SERVICES may apply the amount due to User's
credit card at any time.
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SULPHUR
CANYON INTERNET SERVICES reserves the right to change prices on
30 days notice published on-line.
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THE
SULPHUR CANYON INTERNET SERVICE IS PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. NO WARRANTY EXPRESSED OR IMPLIED INCLUDING,
BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO SULPHUR CANYON INTERNET
SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. THIS NO WARRANTY
EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE
TO DISRUPTION OF SERVICE BY SULPHUR CANYON INTERNET SERVICES OR
ITS PROVIDERS.
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SULPHUR
CANYON INTERNET SERVICES reserves the right to change without
notice the SULPHUR CANYON INTERNET SERVICES service including
but not limited to, access procedures, hours, documentation, vendors
and services offered.
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SULPHUR
CANYON INTERNET SERVICES is not responsible for User's personal
files residing on SULPHUR CANYON INTERNET SERVICES. User is responsible
for independent backup of data stored on SULPHUR CANYON INTERNET
SERVICES.
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SULPHUR
CANYON INTERNET SERVICES reserves the right in its sole discretion,
to delete User's personal files after one or both parties terminates
agreement.
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SULPHUR
CANYON INTERNET SERVICES reserves the right in its sole discretion
to delete any information entered into SULPHUR CANYON INTERNET
SERVICES by User. SULPHUR CANYON INTERNET SERVICES and its authorized
representatives shall have the right, but shall not be obligated,
to edit publicly viewable information.
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USER
HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON SULPHUR
CANYON INTERNET SERVICES THROUGH USERS'S ACCOUNT(S) DOES NOT VIOLATE
OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON
LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE
OR LIBELOUS.
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SULPHUR
CANYON INTERNET SERVICES at its sole business judgement, may terminate
this membership Agreement immediately or suspend User's access
to the service upon breech of this membership Agreement by user
including, but not limited to, refusal or failure to pay for services
provided or by sole judgement of SULPHUR CANYON INTERNET SERVICES
that the User may be performing activities harmful to SULPHUR
CANYON INTERNET SERVICES or it's Users. Credit card and deposits
for future user shall be refunded within an reasonable time, and
User may reapply for membership, although SULPHUR CANYON INTERNET
SERVICES reserves the right in its sole discretion to accept or
deny such application.
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Due
to pubic nature of the Internet, all e-mail is considered publicly
accessible and important information should be treated carefully.
SULPHUR CANYON INTERNET SERVICES is not liable for protection
or privacy of electronic mail and information transferred through
the internet.
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SULPHUR
CANYON INTERNET SERVICES reserves the right to terminate access
to service for any User account which has been inactive for 2
months.
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User
of distribution lists via electronic mail or other mass electronic
mailings is subject to approval by SULPHUR CANYON INTERNET SERVICES.
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This
Agreement shall be governed by the laws of the State of New Mexico.
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In
the event it is necessary to refer any dispute to an attorney
or resolve it in a court of law, the prevailing party will be
entitled to an award of attorney's fees and all costs associated
with any legal action, whether a suit shall actually be filed.
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SULPHUR
CANYON INTERNET SERVICES may modify these terms and conditions
upon notice published on-line, or sent to User via email by SULPHUR
CANYON INTERNET SERVICES. User's use of services after such notice
shall constitute User's acceptance of the modifications of this
Agreement.
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Non-enforcement
of any section of this Agreement does not constitute consent and
SULPHUR CANYON INTERNET SERVICES reserves the right to enforce
this Agreement at its sole discretion.
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If
any one or more paragraphs in this Agreement is found unenforceable
or invalid, User's and SULPHUR CANYON INTERNET SERVICES Agreement
on all other paragraphs remain valid.
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SULPHUR
CANYON INTERNET SERVICES maintains control and ownership or all
IP addresses and reserves in its sole discretion the right to
change or remove any and all IP addresses.
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SULPHUR
CANYON INTERNET SERVICES reserves the right to charge for incoming
and/or outgoing electronic mail if the volume for a single user
exceeds ten (10) megabytes or five thousand (5,000) messages per
month
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NSF
checks will be charged an additional fee of $25 in addition to
service charges.
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Accounts
that are 30 days past due and not paid by the 10th of the following
month will be put on hold. A $10 service fee will be assessed
to take the account off hold. Monetary adjustments will not be
made for time the account is on hold.
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Accounts
that are 60 days past due will be disconnected. A service fee
of $25 plus amounts past due will be assessed before account will
be re-established.
