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If I have given
my credit card number to Appalachian Technologies, I understand
that charges will be billed to my credit card each month for
the basic service and any additional usage. I authorize this
automatic billing by Appalachian Technologies. Appalachian Technologies'
monthly billing cycle is based on my sign-up date. The basic
service fee for each month is due and will be charged according
to my personal billing cycle along with additional usage fees
(if applicable) from the previous billing cycle. I understand
that all charges are considered valid unless disputed in writing
within thirty (30) days of invoice date. I understand and agree
that Appalachian Technologies shall not be responsible for any
charges or expenses that I may incur resulting from overdrawing
my bank account or exceeding my credit card limit as a result
of an automatic charge generated by Appalachian Technologies
pursuant to this authority.
If I have elected
to pay for my basic service through a prepayment plan, I understand
that the automatic billing described in paragraph (a) shall
only apply to the services, charges, and expenses not paid for
through the prepayment plan.
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.
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.
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.
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.
PROVIDES THE Appalachian Technologies SERVICE ON AN “AS
IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether
express or implied, including, but without limitation, any implied
warranty of merchantability, or fitness for a particular purpose.
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.
Appalachian Technologies has
the right to change prices, or add or delete product features
of any existing product or service. The right to change products
or services extends to any software supporting a product or service.
Appalachian Technologies reserves the right to change prices or
material features at any time upon 30 days prior notice. Appalachian
Technologies reserves the right to institute new fees or new material
features at any time upon 30 days prior notice. Appalachian Technologies
has the right to discontinue products or services and the right
to remove or reassign IP addresses of a customer’s web site.
Appalachian Technologies also has the right to deactivate a customer’s
service with a thirty (30) day notice. Except for certain products
and services specifically identified as being offered by Appalachian
Technologies, Appalachian Technologies 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. Appalachian Technologies 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.|top|
of Liability and Damages: THE
TOTAL AGGREGATE LIABILITY OF APPALACHIAN TECHNOLOGIES TO CUSTOMER
SHALL BE LIMITED TO THE AMOUNT PAID TO APPALACHIAN TECHNOLOGIES
BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING
A CLAIM IN WHICH APPALACHIAN TECHNOLOGIES IS LIABLE TO CUSTOMER.
IN NO EVENT SHALL APPALACHIAN TECHNOLOGIES BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE
AND WHETHER OR NOT APPALACHIAN TECHNOLOGIES HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.|top|
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|
I understand that Appalachian Technologies
reserves the right to terminate my account at any time, for any
reason, including, but not limited to, my failure to abide by
the terms of this agreement or my failure to pay any fees or charges
when due. If my account is inactivated, I may be required to pay
reconnect charges and a prepaid deposit in order to re-activate
my account. If my account includes space on Appalachian Technologies'
server, anything stored in this space will be deleted upon inactivation.
I understand that violation of certain generally accepted guidelines
on Internet usage, such as restrictions on mass e-mailings and
mass advertising, or posting to inappropriate newsgroups, may
cause severe operating difficulties for Appalachian Technologies
and would be a likely cause for termination of my account. (More
detail of violations can be found in the Appalachian Technologies
Policy on Appropriate Use.) I agree to abide at all times by Appalachian
Technologies' then-current Policy on Appropriate Use as made available
on the Appalachian Technologies home page at /
and by any other policies posted on the Appalachian Technologies
This agreement represents
the complete agreement between Appalachian Technologies, Inc.
and myself with respect to the subject matter of this Agreement,
and supersedes any other written or oral agreement. I understand
and agree that Appalachian Technologies may amend or modify this
agreement or impose new conditions at any time. Any use of Appalachian
Technologies' services shall be deemed to constitute acceptance
by me of the then-current service agreement (including any amendments,
modifications or new conditions) as published and made available
via a link on the Appalachian Technologies home page at /.