Customer Internet Access Agreement

AirZip Internet access agreement

READ THIS INTERNET SERVICE AGREEMENT CAREFULLY BEFORE USING OUR INTERNET SERVICES.

1. INTRODUCTION.

AirZip Internet. provides its Internet services, as they may exist from time to time, ("Services") to all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("customers"). By using the Services or by establishing an account, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other user 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 customer, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

customers must be at least 18 years old. Local access System may not be available in all areas. Current prices for AirZip Services are posted throughout our website at http://www.airzip.net\html\services.htm. These rates may also be obtained by calling (435)-896-2819. AirZip Internet reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

3. PAYMENT OBLIGATIONS OF A customer.

(a) customers must (i) provide AirZip with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to AirZip any changes to this information within thirty (30) days of the change. customers are responsible for all charges to their account.

(b) customers having questions regarding charges to an account, should contact AirZip Customer Service Department at (435)-896-2819. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

(c) Charges are billed to customers' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. EarthLink is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by AirZip.

(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.

(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(f) If you purchase Services through a reseller who in turns pays AirZip, the reseller must pay all amounts owing for your account. If the reseller fails to pay AirZip 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.

(g) Delinquent accounts may be suspended or canceled at AirZip's sole discretion; however, charges will continue to accrue until the account is canceled. AirZip may bill an additional charge to reinstate a suspended account.

4. CUSTOMER'S ACCOUNT, PASSWORD AND SECURITY.

customers receive a user name, password and account designation upon registration. You and customers of your household or business, if you have purchased a business account, are the only authorized users of your AirZip 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 AirZip within 24 hours of discovering any unauthorized use of your account. This is your personal account and you are responsible for it, Legaly.

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 AirZip's discretion, be transferred to a compressed temporary file or storage. AirZip may delete the temporary file from the server 60 days after notifying you. Any Web site exceeding 225MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling (435)-896-2819.

5. MONITORING THE SERVICES.

AirZip has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if AirZip, 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 customers. Please see our Privacy Policy. AirZip may immediately remove your material or information from AirZip's servers, in whole or in part, which AirZip, 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 AIRZIP, AIRZIP 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. AIRZIP 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. AIRZIP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. AIRZIP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AIRZIP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AIRZIP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. AIRZIP OR IT'S 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, AIRZIP'S CUMULATIVE LIABILITY TO ANY customer 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. SOFTWARE LICENSE.

AirZip grants to each customer a limited, non-exclusive, non-transferable and non-assignable license to install and use the AirZip access software (including software from third-party vendors that AirZip distributes) (in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. AirZip may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a customer.

The Licensed Programs constitute confidential and proprietary information of AirZip and AirZip's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with AirZip and AirZip's licensors. customer shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.

You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders

8. WEBSITE USAGE.

Our site on the World Wide Web with its home pages in the domain "airzip.net" or any other site operated by Airzip (the "Website") is a complimentary information service offered by Airzip at no charge to users.

You may provide a hypertext link to our Website on another website, provided that: (a) the link must be a text-only link clearly marked "AirZip Website", (b) the link must "point" to the URL "http://www.AirZip.net" and not to the other pages within the Website, (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, (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 Airzip, (e) the link, when activated by a user, must display this Website full-screen and not within a "frame" on the linked website, and (f) Airzip may revoke consent to the link to our website at any time in its sole discretion. All other hypertext links to the Website must be approved in writing by Airzip

Personal information posted by you to the Website is posted at your own risk. Airzip will have no liability arising from use of that information. You shall not use the Website 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 Website.

9. 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 customer, to terminate your account.

10. TERMINATION.

You may terminate your Non Contractual account at any time and for any reason by providing notice of intent to terminate to AirZip by:

* telephone calls directed to Customer Service at (435)-896-2819

* email to [email protected]

* registered or certified mail, return receipt requested addressed to
AirZip Internet
P.O. Box 442
Richfield, UT 84701

Email termination of your basic Internet access account will not be accepted.To terminate additional services, such as extra email boxes or website hosting, you must send an email to [email protected]. Any incoming email sent to canceled accounts will not be forwarded to another account; instead, it will be bounced back to the sender. If your account included Web space on AirZip's servers, anything stored on this space will be deleted upon termination.

Without prior notice, AirZip may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if AirZip, 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. AirZip 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

Section 3, Sections 6, and 11 of this Agreement shall survive termination of this Agreement