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of Services | Payment Obligation
| My Obligation | Appropriate
Uses
Security | Warranty Disclaimer | Limitation of Liability and Damages Indemnification | Force Majeure | Termination | Complete Agreement
My
Obligation: I understand
that I am responsible for determining whether an Appalachian Technologies'
phone number is within my local calling area. I understand and agree
that I am responsible for any long distance charges I may incur
in connecting to Appalachian Technologies. If I am using one of
Appalachian Technologies' unlimited plans, I agree that I will not
provide any public information services over this connection. Likewise,
I agree not to use any automatic method to avoid inactivity disconnect
and will keep the connection open only when I am actively using
it. I understand that I may cancel my account at any time effective
the end of that billing cycle. If I am not satisfied and wish to
cancel my account within thirty (30) days of my account's activation
date, I may do so and receive a full refund of all monies paid.
I understand that Appalachian Technologies may change its prices
from time to time, and that I will be provided with a fifteen (15)
days' written or electronic mail notice of any such changes.
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Appropriate Uses: I agree to maintain
my password as private and confidential information. I agree to
use my Appalachian Technologies account in a way that conforms to
all applicable laws and regulations. I specifically agree not to
make any attempt to gain unauthorized access to any systems or networks.
I agree that I will not use the Appalachian Technologies services
(including any web site I establish on Appalachian Technologies'
server) or the Appalachian Technologies web site to publish, post,
distribute or disseminate another's proprietary information, including
trademarks or copyrighted information, without express authorization
of the rights holder. Furthermore, I understand that it is my sole
responsibility to investigate copyright laws for the Internet should
I have a question. I understand and agree that Appalachian Technologies
reserves the right to immediately remove (with or without terminating
my account) from my account, or any web site I establish on Appalachian
Technologies' server, any material or information which infringes
another's property rights.
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Security: I understand that
the information available through Appalachian Technologies or interconnecting
networks may be inaccurate, including the content displayed on the
Appalachian Technologies Desktop. I understand that some of the
information available through Appalachian Technologies or interconnecting
networks may be intended for adult audiences. I understand that
internetworking communications are not secure, and may be subject
to interception or loss. Appalachian Technologies Enterprises, Inc.
makes no warranties of any kind, whether expressed, implied, or
statutory concerning the data or information available through the
Appalachian Technologies network.
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Warranty Disclaimer: I understand that the
use of my Appalachian Technologies account, and any data of information
accessed using that account, will be completely at my own risk.
I understand that the cumulative liability of Appalachian Technologies
for any and all claims relating to the services provided by Appalachian
Technologies, in contract, tort, or otherwise, shall not exceed
that total amount of the basic service fees paid to Appalachian
Technologies for services within the prior year. I agree that Appalachian
Technologies shall have no liability for any consequential, indirect,
special or incidental damages regardless of the success or effectiveness
of other remedies.
While
Appalachian Technologies makes reasonable efforts to maintain
the Appalachian Technologies service, many factors are not within
Appalachian Technologies’s control. Therefore, Appalachian
Technologies does not warrant, and is not responsible for (even
if caused by the negligence of Appalachian Technologies) any loss
of data, delays, non-delivery or misdelivery of information, lack
of access, slows response time, or service interruptions or errors.
Loss, delay or non-delivery of data can be due to but not limited
to Appalachian Technologies’s own negligence, viruses or
other third parties. Customer’s data is defined as any data
held by Appalachian Technologies and includes account information,
web hosting data, email and domain name services. This disclaimer
and waiver shall apply equally to any and all third party providers.
Appalachian Technologies provides no warranty to customer regarding
the accuracy of usage statistics, which Appalachian Technologies
may provide in its discretion. Further, no advice or information
given by an Appalachian Technologies representative shall create
a warranty or serve as an amendment to this agreement. Indemnification: Customer shall indemnify and hold Appalachian Technologies harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the Appalachian Technologies Service. |top| Force Majeure: Either
party shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, acts of
God, earthquake, labor disputes and strikes, riots, war, and governmental
requirements. The obligations and rights of the party so excused
shall be extended on a day-to-day basis for the period of time
equal to that of the underlying cause of the delay.|top| |
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