IS A LEGALLY BINDING CONTRACT AND BY USING COMPANY'S SERVICES YOU AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS.
"The Company" means Marlon Schafer d.b.a. Accima located at
P.O. Box 489, Odessa Washington 99159.
"The Subscriber" refers to an individual, corporation or
legal entity who incurs usage charges for the Company services, for its own use
or who incurs such charges on behalf of a third party user.
A. General. The Subscriber shall pay to the Company the
charges associated with the rate plan selected, including without limitation,
deposits, set-up fees, equipment purchase and/or rentals, service charges,
etc., all as set forth on the service info page.
B. Usage Based Pricing. The Company reserves the right to
establish incremental service charges for use of Company's services exceeding
stated thresholds as set forth from time to time on the service info page
usage based pricing will be billed in arrears. For example, incremental usage
above the threshold for the month of January will be billed on February's
C. Changes. All charges are subject to change at Company's
discretion upon thirty days advance notice.
D. Payment. With the exception of usage based fees, which
will be billed in arrears, payment of all charges, are due, on the first day of
the service period selected by the Subscriber. All periods of service shall
begin on the first day of the month. Accounts more than 5 (five) days overdue
will be temporarily disabled until full payment is received. A $10.00 reconnect
fee will be assessed on all disabled accounts. Returned checks will be charged
a fee of $25.00. Except for the first month of service, MONTHLY SERVICE IS NOT
3. Term and Termination.
This agreement commences upon activation of service by the
Company and remains in effect for the selected rate plan period, or until
terminated as herein provided.
Subscriber may terminate this agreement upon ten days
advance, on line notice, or other written notice. Unless Company has increased
fees or charges within one month prior to subscribers' notice of termination,
subscriber shall pay to company upon discontinuance of service, a termination
charge equal to the applicable monthly fees and charges multiplied by the
number of months remaining in the term. The Company shall have the right to
suspend or terminate this agreement at any time without prior notice to
subscriber. The Subscriber also agrees that the Company has the right to delete
all data, files or other information that resides or is stored on the Company's
hardware, if the Subscriber's account with the Company is terminated, for any
reason, by either the Company or the Subscriber.
Subscriber and User shall indemnify and hold harmless, the
Company, its agents and employees from and against any loss, cost, claim,
liability, damage, or expense (including reasonable attorneys' fees) to third
parties, relating to or arising from the use of the service by Subscriber,
User, or any of their personnel, whether or not Subscriber or User has
knowledge of or has authorized such access or use, including, without
limitation, claims for libel, slander, an invasion of privacy, infringement of
copyright, patent infringement (where Subscriber or User has used, connected,
or combined the service with the products or services of others), negligence,
breech of security, or tortious behavior. Subscriber agrees to indemnify the
Company along with any parties from whom the Company obtains network services,
and to hold them harmless from any claims resulting from the use of the service
by Subscriber or its users that damage another party or that violates the law.
5. Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY (THE "CONTENT") ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON INFRINGEMENT. THE COMPANY AND ITS LICENSORS, AGENTS AND
EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR SECURE. THAT
THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SYSTEM IS SOLELY AT YOUR RISK.
6. Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY
FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY COMPANY, FAILURE OF
COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE
CONTROL OF COMPANY, NOR SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES
CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER
HEREBY RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE
SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF
LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR
OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. COMPANY SHALL
NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE
SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS
OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR ACTUAL PROVEN
DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF
OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT
EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE
SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES
OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND
EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE
WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
7. Use of Service.
A. Subscriber shall insure that its users shall comply with
the terms and conditions of this agreement.
B. Subscriber and its users shall not use or permit its end
users to use the services in ways that violate laws, infringe the rights of
others, interfere with users of our service or other service networks.
Subscriber is responsible for the knowledge of and adherence to any and all
laws, statutes and regulations pertaining to or in any way connected with the
services provided by the Company and all use of any information, data, material
or service in violation of any such law, etc., is strictly prohibited.
C. By posting information in or otherwise using any
communications service, chat room, message board, news group, software library,
or other interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that:
1. Is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals), or otherwise
violates Company's rules or policies;
2. Victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (also known as "spamming"), chain letters, any other form
of unauthorized solicitation, or any form of lottery or gambling.
5. Contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or other information of any third
6. Impersonates any person or entity, including any
employee or representative of the Company.
You further agree that you will not knowingly solicit or
collect personal information from a minor without appropriate prior verifiable
Company generally does not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message boards,
news groups, software libraries, or other interactive services that may be
available on or through this site. However, Company and its agents have the
right at their sole discretion to remove any content that, in Company's
judgment, does not comply with these rules or is otherwise harmful,
objectionable, or inaccurate. Company is not responsible for any failure or
delay in removing such content.
D. Subscribers rights herein granted, cannot be
transferred, assigned, shared, sold, or used by anyone other than the
Subscriber. No more than one connection to the services provided by Company,
can be used at any time by the Subscriber on any system account.
E. Company reserves the right to establish and enforce time
limits and/or session limits for connecting to the Company's services for all
"dial up" accounts.
F. Subscriber and/or users shall not establish Internet
servers of any kind, including without limitation, Web, E-Mail, games, FTP, or
the like, without prior written authorization and pricing agreement from the
8. Broadband Availability.
Company reserves the right to establish and enforce usage
limits limiting the speed of uploads and downloads of any kind and in all
protocols, including without limitation, file downloads (FTP's), Web browsing,
etc., from time to time, for all wireless, DSL or other system accounts.
9. Service Calls.
Subscriber is responsible for the entire cost of service
calls including labor, materials and equipment for all failures which are not
the fault of the Company including without limitation, acts of God, weather
phenomena, failure of Subscriber's equipment, etc., including service calls to
In the event the Company is required to engage the services
of an attorney because of a breach by the Subscriber of any of the terms herein
contained or arising out of the Subscriber's use of the services provided by
the Company in any other manner, the Subscriber agrees to pay all of the
Company's reasonable attorneys fees and court costs. Upon breach of this
Contract, all of subscribers' rights and privileges shall be immediately
terminated and upon any such termination for breach of the provisions of this
Contract, or the breach of any applicable law or statute governing the use of
the services provided, all Subscriber fees shall be forfeited as liquidated
damages to the Company. In the event of litigation both parties agree that the
law of Washington shall apply and both parties consent to the jurisdiction of
the courts of Lincoln County, Washington. Both parties expressly waive a jury
The Company shall have the sole right to decide what
information (Web Page content, etc.) can or cannot be uploaded onto, or reside
upon, the Company's system and the Company has the right to delete all such
information data, or files that it decides cannot reside on the Company's
12. Contract Amendments.
The Company reserves the right to amend this contract from
time to time, in its sole discretion, and any such amendments shall become
effective upon promulgations, subject to the terms of this agreement.
13. The Subscriber certifies that he or she is at least 18
years of age or that a parent or guardian has given their express consent. The
parent or guardian acknowledges responsibility for the minor's actions.
14. Entire Contract.
This Contract represents the complete understanding between
the parties as to the subject matter hereof, and supersedes all prior written
or oral negotiations, representations, guaranties, warranties, promises,
orders, statements or agreements between the parties or any statement or
representation made or furnished by any other person representing or purporting
to represent either party.