C2I2 agrees to provide and Customer
agrees to receive access to the C2I2 Internet Telnet or dial-up
service according to the following terms and conditions: All sections
of C2I2's Service Agreement (Agreement) apply to the Customer's
account billed to the Customer. Use of c2i2.com services denotes
customer's agreement to these terms.
1. The benefits of or rights conferred
by this agreement are non-transferable. Use of C2I2 accounts is
expressly limited to the individual or business whose name appears on
the account. Attempted or actual simultaneous dial-up connections
using the same User ID or LOGIN name are prohibited. Use of more than
one service (i.e. your browser and email or news software) is
permitted. Use of more than one C2I2.COM modem connection with the
same User ID/LOGIN Name is not. C2I2.COM may, at its sole discretion,
place limits on the frequency or duration of access to its system or
equipment. C2I2.COM's use of the term "unlimited" when
referring to dial-up access, does not mean continuous, uninterrupted,
attended or unattended use of C2I2.COM's systems, equipment or
services. C2I2.COM offers "dedicated access" accounts for
this type of use.
2. Customer agrees to use the service
in a manner consistent with all applicable laws. In the event that
this account is not used in accordance with all applicable laws
including, but not limited to Local, State or Federal Laws, C2I2
reserves the right to cooperate with all or any law enforcement
3. Customer agrees to follow the
Acceptable Use Policy of any network Customer connects to, including
4. If Customer is less than 18 years
of age, Agreement must be signed by a parent or legal guardian, who is
responsible for all charges related to use of Customer's account(s).
5. Use of C2I2 for advertising or
promotion of a commercial product or service without a C2I2 business
account is prohibited. Reselling of web space or Internet access on
C2I2's server is prohibited.
6. Customer operation of a server
through a C2I2.COM dial-up account is prohibited.
7. Customer is responsible for all use
of Customer's account(s) and confidentially of password(s). C2I2 will
suspend access or change access to Customer's account(s) immediately
upon notification by Customer that his other password has been lost,
stolen or otherwise compromised. C2I2 is not liable for any usage and
or charges prior to C2I2 making the necessary account
8. Customer is responsible for all
local and long-distance telephone charges for connecting to C2I2.
9. Customer agrees to pay C2I2 all
charges relating to the use of Customer's account(s) according to
rates and prices stated on said sales order at the time of
commencement, in some cases including a one-time sign-up fee.
10. Customer is responsible for
charges at the time the service is used and C2I2 may apply the amount
due to Customer's credit card or checking account at any time,
depending on payment type selected.
11. C2I2 reserves the right to change
prices on 30 days notice.
12. C2I2 reserves the right to suspend
access to service for Customer's account(s) upon an indication of
credit problems including delinquent payments or rejection of any
13. The C2I2 service is provided on an
as is, as available basis. No warranties, expressed or implied,
including, but not limited to, those of merchantability or fitness for
a particular purpose, are made with respect to C2I2 or any information
or software therein. C2I2.COM is not obligated to refund customer fees
or reimburse losses of income, in whole or in part, due to disruption
of any service by C2I2.COM from any cause.
14. Neither C2I2 nor its Information
Providers are responsible for any damages arising from Customer's use
of C2I2 or by Customer's inability to use C2I2's services.
15. C2I2 reserves to right to change
without notice C2I2's services, including, but not limited to, access
procedures, hours of operation, menu structures, commands,
documentation, vendors and services offered.
16. C2I2 is not responsible for
Customer's personal files residing on C2I2. Customer is responsible
for independent backup of his/her data stored on C2I2.
17. C2I2 is in no way responsible
insuring the delivery of electronic mail messages across networks not
completely owned by C2I2. Customer agrees to make a backup of any and
all electronic mail Customer wishes not to lose through any hardware
or software failure.
18. C2I2 reserves the right to delete
Customer's personal files.
19. C2I2 reserves the right in its
sole discretion to delete any information entered into C2I2 by
Customer. C2I2 and its authorized representatives shall have the
right, but shall not be obligated, to edit publicly viewable
20. Customer hereby agrees that any
material submitted for publication on C2I2 through Customer's
account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything obscene or libelous.
21. C2I2, at its sole business
judgment, may terminate this membership agreement immediately or
suspend Customer's access to the service upon any breach of this
membership Agreement by Customer, including, but not limited to,
refusal or failure to pay for services provided or by sole judgment of
C2I2 that Customer may be performing activities harmful to C2I2 or its
Customers, employees, vendors, business relationships or any other
Customers of the Internet.
22. The following violations of
"netiquette" are grounds for immediate suspension of service
pending investigation by C2I2 and will result in termination of the
account(s) the investigation determined to have originated or
transmitted these types of traffic.
a) Posting a single article or
substantially similar articles to an excessive number of newsgroups
(i.e., more than 20) or continued posting of articles which are
off-topic (e.g., off-topic according to the newsgroup charter or the
article provokes complaints from the regular readers of the newsgroup
for being off-topic, generally known as spamming).
b) Sending unsolicited mass E-mailings
(i.e., to more than 25 Customers) which provoke complaints from the
c) Engaging in either (a) or (b) from
a provider other than C2I2 and using an account on C2I2 as a mail drop
d) Continued harassment of other
individuals on the Internet after being asked to stop by those
individuals or by C2I2.
e) Impersonating another Customer or
otherwise falsifying one's username in E-mail, Usenet postings, on IRC,
or with any other Internet service. (This does not preclude the use of
nicknames in IRC or the use of anonymous remailer services.) Customers
whose accounts are terminated for any of the above infractions are
also responsible for the cost of labor to cleanup and respond to
complaints incurred by C2I2.
23. This document and the rights and
duties of the parties shall be governed by and interpreted according
to the laws of the State of Arizona.
24. C2I2 may modify these terms and
conditions. Customer's continued use of C2I2's shall constitute
Customer's acceptance of any and all modifications to this Agreement.
25. Non-enforcement of any section of
this Agreement does not constitute consent and C2I2 reserves the right
to enforce this Agreement at its sole discretion.
26. If any one or more paragraphs in
this Agreement are found to be unenforceable - or invalid, Customer's
and C2I2's agreement on all other paragraphs shall remain valid.
27. Monthly charges must be paid on a
timely basis to maintain Customer's membership privileges. Monthly
charges will continue regardless of your use unless and until you
notify us in writing that you wish to cancel your membership, which
you may do at any time, unless bound by a specific term or agreement.
Payments more than 15 days late will be assessed a $5 late payment
28. Past due accounts are subject to
disablement by c2i2.com. Accounts disabled for non-payment will be
assessed a $5.00 reconnect charge in addition to any late fees in
order to have service restored.
29. C2I2 billing is done through
automatic credit/debit withdrawal or via email to the email address
specified by the Customer. Non-business accounts requiring mailed
paper invoices for any reason, including credit/debit card
declination, may be assessed a $2.00 per invoice processing fee.
30. Returned checks will result in a
$35.00 fee to be charged to the Customer.
31. The Customer is in default of this
Contract if: 1. Any Customer covered by this contract fails to obey
any present or future C2I2 rule or regulation; or 2. We do not receive
a monthly payment on or before its due date; or 3. Any material
statement by the Customer in this contract is false.
32. Failure to use this account(s)
does not relieve the Customer of payment obligations, except as
specifically provided in this contract.
33. In the event the Customer defaults
on this contract, C2I2 may suspend or revoke the Customer's membership
privileges and the Customer may have to reapply for membership at the
price C2I2 is charging to new members. The Customer agrees to pay
C2I2's reasonable attorney's fees and court costs, where permitted, in
collecting the amount remaining in the Customer's contract as stated
in the sales order.
34. Communication systems are subject
to degradation of service from phenomena such as so-called Line-Noise
interference and other causes beyond the reasonable control of C2I2.
C2I2 provides dial-up user Internet access up to and including C2I2's
own modems. C2I2 assumes no responsibility for the working order of
Customer's phone line(s) and modems.
35. C2I2 may assign this order, its
rights here under and its ownership of said service and commitment at
anytime without notice.
36. Customer may not cancel orders
placed in accordance with the provisions of this agreement.
37. In addition to any price specified
herein, Customer shall pay the gross amount of any present or future
sales, use, excise, value added or other similar taxes applicable to
the price, sales or delivery of any products or services furnished
here under or to their use by Customer.
38. C2I2 reserves the right to
terminate or change priority of any process started by said Customer.
39. C2I2 reserves the right to collect
damages (software, hardware & man hours) if any harm is done to
C2I2 by Customer which requires repair or reconfiguration of any kind.
40. C2I2 may offer a trial period
during which the Customer may cancel membership without incurring any
costs. It is the responsibility of the Customer to contact C2I2 to
cancel during the trial period and receive verification that
cancellation has occurred. Failure to use the account(s) does not
41. C2I2, being the Internet provider,
does not assume the responsibility of ensuring the functionality or
usefulness of any software product written by any individuals or
companies (including C2I2) which is distributed to Customer. Any
software distributed to Customer is provided on an as is, as available
basis to help Customer use C2I2.
42. Operating system configuration on
Customer's computer(s) may be changed by software distributed by C2I2
only if/when Customer runs and installs it. C2I2 is not responsible
for any changes made to any storage units installed in Customer's
computer(s) after Customer runs software distributed by C2I2.
43. C2I2 is not responsible to
configure, or to teach Customer how to operate any hardware or
software on Customer's computer(s). C2I2 reserves the right to refuse
technical support to any Customer who C2I2 believes is abusing the
service of technical support.
44. Customer is responsible for
learning to use the Internet services that Customer wishes to use, and
for the use of software designed for use with the Internet. Customers
using C2I2's Internet access are paying for the access, not the
education on how to use the Internet.
You need to be certain that your
computer is not dialing the area code when you are making a local call. The easiest way to
check is to listen as your MODEM dials the number. If you hear more than 7 tones, you may
be dialing extra digits.
We strongly recommend that you check your
settings by opening the "My Computer" icon on your desktop, select "Dial-Up
Networking," use your RIGHT mouse button to select the C2I2 connection, and select
"Properties" from the drop down menu. Please make sure that the phone number
shown is a LOCAL call from your area and that the "Use country code and area code
when dialing" check box is NOT CHECKED.
Please note that in Arizona your local phone
carrier may report a long distance call to your long distance carrier if you dial the area
code, even though the number you are calling is actually local. While credits are
sometimes given by long distance carriers in these circumstances, c2i2 cannot intervene on
your behalf with the phone companies involved and will not be responsible for these types
of charges. Avoid the hassle and make the changes indicated above if you need to.
C2i2.com is in no way responsible for, nor
will it refund any long distance phone charges in connection with your use of the Internet
under any circumstances. The phone number chosen during set-up and subsequent use of the
service is a customer responsibility as are the system settings on your computer.