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TELE-PAGE, Inc.

Service Agreement

 

1. Application and acceptance.
Once TELE-PAGE, Inc. has activated your internet accout , TELE-PAGE, Inc. will furnish the Service to you in accordance with the terms of this Agreement, as amended from time to time. TELE-PAGE, Inc. may accept or reject any Applicant in its sole discretion. You represent that all information that you provide during the application process is accurate and complete and that you will update such information with TELE-PAGE, Inc. should it change.

2. Use of the Service.
You agree to use the Service only for your personal, family, household, and commercial purposes. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web and may only be used for these purposes. Internet access accounts may include one or more email accounts. Account Names, Passwords and email addresses are TELE-PAGE, Inc.'s property and TELE-PAGE, Inc. may alter or replace them at any time. Commercial distribution or resale of the Service is prohibited.

Accounts may not use the Service on a standby or inactive basis in order to maintain a connection. Continuous Internet access through the Service may be limited by idle timeout procedures. The use of any electronic or mechanical means to facilitate or reproduce the connection is prohibited.

Certain plans may offer accounts the ability for TELE-PAGE, Inc.  to host users websites.  The maximum webspace available for use is 10MB.  Other webspace will require authorization.

3. Use of the Service by others.
You may not sell or transfer your right to use the Service to others, or share your Password with others; provided, however, that you may allow other Members of your immediate household to use your User Name and Password to access the Service.  You will be responsible for use of the Service by any person who uses a User Name and Password that you have supplied, whether or not you specifically authorize such person's use or actions. You will promptly notify TELE-PAGE, Inc. if you become aware of unauthorized use of your User Name or Password.

4. Termination.
You may terminate your account for any reason by providing notice of intent to terminate to TELE-PAGE, Inc. by:

calling 423-569-8595 during normal business hours.

Email termination requests will not be accepted. Charges to your account will stop accruing the day TELE-PAGE, Inc. confirms the termination of your account. The effective date of termination will be the final day of your billing cycle. Based on your billing cycle, charges accrued prior to your termination may apply. If you have an account for a fixed term, termination charges may apply as set forth in section 7.

TELE-PAGE, Inc. may terminate or suspend your account (i) without cause at any time for any reason upon 30 days notice, or (ii) with or without notice if you breach the terms of this or any other Agreement between you and TELE-PAGE, Inc. or if you violate TELE-PAGE, Inc.'s Acceptable Use Policy or any of the applicable user policies. If you terminate your account  before the end of the fixed term or if TELE-PAGE, Inc. terminates your account for violations of this Agreement, our Acceptable Use Policy or any of the applicable user policies, the amount you have paid for your account will not be refunded in whole or in part. If TELE-PAGE, Inc. terminates your account without cause and you have paid TELE-PAGE, Inc. in advance for Account services, TELE-PAGE, Inc. will refund to you an amount equal to the number of months remaining on your account term prorated. If your account is terminated, TELE-PAGE, Inc. may without notice to you delete any data (including email and personal web site content) stored on TELE-PAGE, Inc.'s servers. Any suspension or termination will not relieve any person of obligations incurred and accrued prior to the effective date of termination.

Other than to receive a return of refundable prepayments as described in sections 4 and 7, termination of your account is your sole and exclusive remedy with respect to any dispute with TELE-PAGE, Inc..

Sections 7, 14, 15, 16, 18, 22 and 24 of this Agreement shall survive termination of this Agreement.

5. Compliance with Laws, Agreements, etc.
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement, TELE-PAGE, Inc.'s Acceptable Use Policy, or any of the applicable user policies that TELE-PAGE, Inc. may adopt from time to time to govern use of the Service. You agree to abide by all applicable local, state, national and international laws and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through TELE-PAGE, Inc.. TELE-PAGE, Inc. has no obligation to monitor any Account's use of the Service or to retain the content of any user session. You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise use of the Service by minors who use your User Name and Password to access the Service.

6. Special promotions.
From time to time, TELE-PAGE, Inc. may offer special promotions for new Internet service promotions and other products. All such offers are limited time offers and cannot be combined. TELE-PAGE, Inc. may terminate or modify such offers at any time without notice. Free software offers may require an Internet connection.

7. Fees.

Monthly Internet Access
If you have subscribed to the Service on a month-to-month basis, you agree to pay to TELE-PAGE, Inc. a monthly fee (the "Monthly Fee") in advance for each month or portion of a month in which you receive the Service, other than for any promotional or reward period during which TELE-PAGE, Inc. has explicitly agreed to provide the Service to you free of charge. For billing purposes, the month will begin on the first calendar day of the month.  A service month will run from the  first to the 29, 30, or 31 day; whichever ends that particular month.  If your account is activated other than on the 1st (first), your account will be prorated till the next month. TELE-PAGE, Inc. will have the right to increase the Monthly Fee from time to time upon email notification to you at least one month before the effective date of the increase. If you do not cancel your account before the end of the notice period, you will be deemed to have agreed to such increase. TELE-PAGE, Inc. may change its monthly billing cycle from time to time. If you have accepted a free offer for a specific number of days, you will incur TELE-PAGE, Inc.'s standard monthly charges if you continue to use the Service after the free time period. If you terminate your use of the Service within the free time period, TELE-PAGE, Inc. will not charge you. All fees and charges are stated and payable in U.S. Dollars.

Fixed-term Subscriptions If you have subscribed to the Service for a fixed term, but have not pre-paid for the subscription, you agree to pay the Monthly Fee as set forth in the preceding paragraph. If you terminate your subscription before the end of the fixed term, you agree to pay an Early Termination Fee. The Early Termination Fee will be $75 (in the case of a 12-month term) or $150 (in the case of a 24-month term). If we notify you of a change in the Monthly Fee and you give us notice of termination within 30 days, we will waive the Early Termination Fee. At the end of the fixed term of your subscription, you may choose to accept another fixed term or continue on a month-to-month basis until terminated. Pricing will be subject to the rates in effect at that time for equivalent service.

·          Payment Obligations of an Account Holder

·          You authorize TELE-PAGE, Inc. to charge the Monthly Fee, the Early Termination Fee, and any other fees and charges payable under this Agreement. Questions regarding charges to an account should be directed to 423-569-8595. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

·          You will promptly notify TELE-PAGE, Inc. of changes to the account number, status, or expiration date of the credit card or direct debit account you have supplied, and of changes to your billing address. If TELE-PAGE, Inc. is unable to process charges to the credit card or debit account you have supplied, or if the credit card is canceled or suspended, your account may be immediately suspended or terminated without notice. Any resulting fees, charges or expenses incurred by TELE-PAGE, Inc. may be subsequently charged to your credit card or direct debit account. TELE-PAGE, Inc. is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TELE-PAGE, Inc.  All returned and/or unpaid checks by your issuing bank will incur a fee of $20.00 per check. If any fees are not paid by the account holder, any legal fees and expenses will be paid by the account holder and signature on this agreement.

·          If your account  is terminated or suspended by TELE-PAGE, Inc. based on your failure to pay applicable fees and charges or your failure to perform any of your other obligations under this Agreement (including your obligation to comply with TELE-PAGE, Inc.'s Acceptable Use Policy and any of the applicable user policies), you may be required to pay reconnect charges in order to re-activate your account.

·          You acknowledge that no credit or refund will be provided if you are unable to use the Service due to circumstances beyond TELE-PAGE, Inc.'s control, as determined by TELE-PAGE, Inc..

·          TELE-PAGE, Inc. may charge for taxes and other applicable fees.

·          Except as expressly provided herein, any fees paid to TELE-PAGE, Inc. in connection with the Service are nonrefundable.

In order to use the Service, customer is responsible for all equipment and software necessary to connect to TELE-PAGE, Inc.  No warranty of any kind, implied or impressed is received from TELE-PAGE, Inc on equipment and/or software. 

8. Use of the Service consistent with Acceptable Use Policy.
You agree that your use of the Service will be consistent with TELE-PAGE, Inc.'s Acceptable Use Policy and any of the applicable user policies that are posted on the TELE-PAGE, Inc. web site from time to time. Violation of TELE-PAGE, Inc.'s policies is cause for immediate termination or suspension of your account.

9. Restrictions on use of the Service.
You agree not to copy, download, upload, publish, or distribute any emails, programming code, information, data, or other materials ("Content"), or otherwise use the Service or constituent services (such as email, web site hosting, or data storage services) in any manner that in TELE-PAGE, Inc.'s sole discretion:

1. infringes any third party's intellectual property rights or other proprietary or publicity/privacy rights;
2. violates any applicable law or regulation;
3. violates TELE-PAGE, Inc.'s Acceptable Use Policy;
4. is defamatory, obscene, contains child pornography, or is harmful to minors; or
5. intentionally propagates any viruses, Trojan horses, worms, time bombs, cancel bots or other software that damages, interferes with, intercepts, or expropriates any system, data, or personal information.

TELE-PAGE, Inc. and/or its suppliers may with or without notice take any action, including suspension or termination of service or filtering, blocking, or removal of Content, that it or they deem appropriate to address circumstances comprising a breach of the above promises.

10. Operation of the Service.
TELE-PAGE, Inc. may from time to time in its sole discretion establish, modify, or discontinue operating policies and procedures governing operation of the Service. TELE-PAGE, Inc. may, among other things:

1. prevent bulk email from entering or leaving any email account maintained through the Service;
2. delete email if it has not been accessed by you within a time set by TELE-PAGE, Inc. from time to time;
3. not process or store email due to space limitations set by TELE-PAGE, Inc. from time to time;
4. change or discontinue any functionality or feature of the Service.

TELE-PAGE, Inc. will not be responsible or liable for loss, deletion or failure to store or accept emails or other information.

11. Content you post.
When you post or upload content (including feedback and suggestions) ("Posted Content") in a context that indicates that the Posted Content will be accessible to the public, you grant TELE-PAGE, Inc. the worldwide, royalty free, and non-exclusive license, without payment of compensation, to publish, copy, distribute, transmit, publicly display and perform, reproduce, edit, translate, and reformat the Posted Content through the Internet and to publish your name (if posted by you) in connection with the Posted Content. TELE-PAGE, Inc. is under no obligation to post or use any Posted Content, and TELE-PAGE, Inc. may remove any Posted Content at any time, in TELE-PAGE, Inc.'s sole discretion. You acknowledge that neither TELE-PAGE, Inc. nor its suppliers have any obligation to monitor Content that you publish, upload, or distribute through the Service. However, TELE-PAGE, Inc. and its suppliers reserve the right to review any such Content and to remove any Content that it or they deem inappropriate. You acknowledge that TELE-PAGE, Inc. does not provide backup of your data, including Content. By posting or uploading Posted Content, you warrant and represent that you own or otherwise control rights to the Posted Content sufficient to grant the permission granted above. TELE-PAGE, Inc. welcomes your feedback and suggestions regarding the Service, but TELE-PAGE, Inc. will not be obligated to pay any compensation for such feedback and suggestions, nor will TELE-PAGE, Inc. be restricted in any manner from using or acting on such feedback and suggestions.

12. Disclaimer of warranties.
YOU USE THE SERVICE AND THE INTERNET AT YOUR OWN RISK. TELE-PAGE, Inc. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICE OR OF ANY INFORMATION, SOFTWARE, OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE. TELE-PAGE, Inc. AND ITS SUPPLIERS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR SPYWARE OR OTHER HARMFUL COMPONENTS, THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT ANY PARTICULAR TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SERVICE, THE TELE-PAGE, Inc. SOFTWARE SUPPORTING THE SERVICE, AND ALL INFORMATION, SOFTWARE, AND PRODUCTS OBTAINED OR ACCESSED THROUGH USE OF THE SERVICE ARE PROVIDED "AS IS," ON AN "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TELE-PAGE, Inc. AND ITS SUPPLIERS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR DAMAGE TO YOUR COMPUTER SYSTEM FROM VIRUSES OR OTHER HARMFUL PROGRAMMING ROUTINES TRANSMITTED THROUGH USE OF THE SERVICE, NOR FOR BREACHES OF THE SECURITY OF YOUR COMPUTER SYSTEM ACCOMPLISHED BY THIRD PARTIES THROUGH USE OF THE SERVICE. NEITHER TELE-PAGE, Inc. NOR ITS SUPPLIERS WILL BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF SUCH THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION GIVEN BY TELE-PAGE, Inc. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

13. Limitation of liability.
TELE-PAGE, Inc. AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST OR UNDELIVERED EMAILS, CONTENT, AND OTHER DATA, OR LOST PROFITS OR ECONOMIC OR OTHER ADVANTAGE RESULTING FROM YOUR INABILITY TO USE THE SERVICE) ARISING OUT OF A BREACH OF THIS AGREEMENT OR ANY ACTION OR FAILURE TO ACT RELATED TO THE SERVICE, EVEN IF TELE-PAGE, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY TELE-PAGE, Inc., TELE-PAGE, Inc. 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. TELE-PAGE, Inc. 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 TOTAL AGGREGATE LIABILITY OF TELE-PAGE, Inc. AND ITS SUPPLIERS FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE CUMULATIVE AMOUNT OF FEES PAID BY YOU TO TELE-PAGE, Inc.. THE FOREGOING LIMITATIONS APPLY TO ANY CLAIM YOU MAY ASSERT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Information.
You acknowledge that TELE-PAGE, Inc. may be required to disclose information regarding you and the use of your account (including data and email) to the government or regulatory agencies or to third parties if legally compelled to do so. You authorize TELE-PAGE, Inc. to disclose any information about you to private entities, law enforcement or other government officials as TELE-PAGE, Inc., in its sole discretion, believes necessary or appropriate to investigate or resolve potential violations of this Agreement or any of the applicable user policies. You acknowledge that Internet communications and servers may not be secure, and that information transmitted on such connections and servers may be subject to interception, disclosure or loss.

15. Shopping through TELE-PAGE, Inc..
We may from time to time send you emails about offers that we think will interest you.  Please keep in mind, however, that when you purchase a product from a third party merchant, you are buying directly from that merchant and not from TELE-PAGE, Inc.. TELE-PAGE, Inc. is not responsible for the actions or omissions of a merchant, any advertising claims made by the merchant, or any damage or harm that may result from your use of products purchased from the merchant. All aspects of your purchase, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, service, and delivery, are solely between you and the merchant. Your rights and remedies with respect to a particular purchase will be solely against the merchant, and any questions, complaints, and claims related to a product should be directed to that merchant. You may have the option to purchase products through the TELE-PAGE, Inc. web site by transmitting credit card information over the Internet. TELE-PAGE, Inc. uses encryption technology to protect the credit card information you provide. However, TELE-PAGE, Inc. cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access encrypted information. If you have any concerns about sending credit card information over the Internet, please use an alternative means of payment. By sending any sensitive information, such as credit card information, over the Internet while you are shopping with the Service, you agree that TELE-PAGE, Inc. will not have any liability if the encryption technology fails to protect your information.

16. Software.
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.

17. Technical support.
TELE-PAGE, Inc. will offer technical support related to the provision of Internet access during the term of your Internet access Account. Depending on the account plan you have selected you may receive such technical support without additional charge or you may be charged on a pay-per-call basis. Prior to seeking our technical support, you have the sole responsibility for adequate backup of data and protection of your software and equipment used directly or indirectly in connection with any technical support or information provided by TELE-PAGE, Inc.. TELE-PAGE, Inc. will use all reasonable efforts to resolve basic technical problems of its Accounts, however, TELE-PAGE, Inc.'s live or online technical support does not assure that every request for technical support will be resolved to the Account's satisfaction. Our responses are merely technical advice and suggestions and may not resolve some hardware or software errors or problems that may not be correctable or extremely difficult to resolve.

18. Privacy Policy.
To find out what TELE-PAGE, Inc. does to protect your personal information, please read our Privacy Policy.

19. Links.
The home page, and other online properties displayed through the Service may display links to web sites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a web site not controlled by TELE-PAGE, Inc.. Third Party Sites may contain material or information that some people might find inappropriate or offensive. TELE-PAGE, Inc. is not responsible for the content or operation of Third Party Sites reached by virtue of such links, and the presence of such links does not imply that TELE-PAGE, Inc. endorses or is affiliated with such Third Party Sites or third parties. Therefore, please exercise your own independent judgment in deciding what web sites to visit.

20. Security.
No computer system or network is totally secure from intrusion. TELE-PAGE, Inc. will take reasonable measures to protect the security of its systems and your data, but TELE-PAGE, Inc. does not guarantee the security of any account or Member data and will not be liable for unauthorized breaches of such security. Please note that unencrypted email is not a secure means of communications.

21. Notices.
TELE-PAGE, Inc. may give notices to you under this Agreement by email sent to the email account established by you through the Service, by a general posting on the TELE-PAGE, Inc. web site, or by conventional mail. You may give notices to TELE-PAGE, Inc. under this Agreement only by conventional mail addressed to:

TELE-PAGE, Inc.
Attn: Legal Department
258 S. Main St.     Oneida, TN  37841

Charges vary depending of the type of service. Current pricing may be obtained by calling 423-569-8595.  TELE-PAGE, Inc. reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Actions arising from this agreement may be brought in a court of competent jurisidiction located in Scott County, TN.

For non-Tennessee residents, this Agreement is governed by Tennessee law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Tennessee  law and will be held in a court of competent jurisidiction located in Scott County, TN.  The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.

22. General.
If any provision of this Agreement is held to be unenforceable under applicable law in any respect, such provision shall be excluded from this Agreement and the balance of this Agreement shall be enforceable in accordance with its terms. This Agreement represents the complete agreement between TELE-PAGE, Inc. and you with respect to the subject matter hereof, and supersedes any other written or oral agreements.

Effective 6-01-2004