I  n  t  e  r  n  e  t      U  s  e  r      A  c  c  o  u  n  t      A  g  r  e  e  m  e  n  t
 
For the text of this Internet User Account Agreement,
Mobile Internet Services will be called MOBIS
 

          I understand that MOBIS may change it's prices and policies at any time, and I will be notified via electronic mail at least 15 days in advance of any changes.  In the event that my account is terminated or canceled, online time credited to my account is not convertible to cash or other form of credit.  If MOBIS does not receive the full amount of my MOBIS service account balance within thirty (30) days of the invoice date or billing date, an additional 1.5% or the highest percentage allowed by law (whichever is less), of the outstanding balance will be added to my bill as a late charge for each month and shall be due and payable.  I shall also be liable for all attorney and collection fees arising from MOBIS's efforts to collect any unpaid balance from my account(s).

          I understand that I am responsible for all charges (e.g. telephone) associated with connecting to the MOBIS service through an available access number.  I am responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, as necessary to access the MOBIS service.

          I agree to conform to all local, state and federal laws and regulations applicable to the use of my Internet service account.

          I understand that my account is my personal account, to be used only by me. I agree to keep my password confidential and not disclose or share it with anyone.

          I agree not to attempt to access any systems or networks to which I am not authorized to access.

          I understand that the information available through the Internet may not be accurate. I UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE. I ACCESS SUCH MATERIALS AT MY OWN RISK. MOBIS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

          I understand that communication on the Internet is not secure, and may be subject to interception or loss.

          I understand that this service account and dial-in access is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MOBIS shall create a warranty. MOBIS does not warrant that the service will be uninterrupted or error-free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.

          UNDER NO CIRCUMSTANCES SHALL MOBIS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

          If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of the Internet Access Service from MOBIS, your sole and exclusive remedy is to discontinue using the service.

          I understand that MOBIS 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.

          I also understand that the use of the MOBIS Internet Account may be revoked by the administrators of the system at any time for abusive conduct. Such conduct would include, but not be limited to, the placing of unlawful information on the system, and the use of obscene, abusive or otherwise objectionable language in either public or, upon registration of complaint, private messages. The staff of MOBIS will be the sole arbiter of what constitutes obscene, abusive, or objectionable language. MOBIS reserves the right to review any material stored in files and will edit or remove any material which the staff, in its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable.

          We offer unlimited access to the Internet through our dial-up accounts. This means that you are free to dial into the Internet using our service at any time of the day or night and on any day of the year, and you may do so on an unlimited basis for as long as you are at your computer or other Internet access device and are actively using the connection for e-mail, browsing the Web, chat, usegroups, etc. Dial-up service is not intended for long-term connections.

          Perhaps the easiest way to understand what we mean by "dial-up" is to use the analogy of a telephone call. When you call another party, you keep that connection open for as long as you need to complete your conversation. However, once you have completed it, you are expected to hang up and not leave the connection open "in case" you want to talk with that party again. This same principle applies to dial-up Internet usage.

          Based on our experience with a large number of users, we interpret a "long-term" connection to be a session of 6 hours or longer. In the event that your sessions regularly exceed 6 hours, we reserve the right to charge you; to require that you upgrade your service to an unrestricted, dedicated connection, or to terminate your account.

          Using any means to keep a connection open other than through normal Internet usage is not permitted. If you find that you need a full-time unrestricted connection, please contact us to upgrade your account.

          I acknowledge that I am expressly prohibited from utilizing the MOBIS service, MOBIS's equipment, or any MOBIS electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients.  This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of  the MOBIS service, MOBIS's equipment or any MOBIS electronic mail address.

          A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message.  For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

          I specifically agree that I will not utilize  the MOBIS service, MOBIS's equipment or any MOBIS electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more USENETs or newsgroups in a single day.  For each day upon which this provision is violated, I agree to pay MOBIS damages to compensate for the lost goodwill such a violation causes.  I agree to pay MOBIS $100 (US) per day for an unintentional violation of the provision, but where warranted, such as in the case of accidental transmission, MOBIS may waive all or part of the application charge.  In cases of willful violations of this provision, I agree to pay MOBIS $200 (US) per day.  MOBIS at its sole discretion shall determine whether a violation was unintentional or willful.  Payment by me under this provision does not prevent MOBIS from seeking to obtain other legal remedies against me, including other damages or an injunction.

          MOBIS will not monitor or disclose the contents of its members' private communications unless required to do so by law or in the good faith belief that such action is necessary to protect and defend MOBIS rights or property, or under extreme circumstances, to protect the personal safety of its members or the public.

          This agreement represents the complete agreement between MOBIS, and myself, and supersedes any other written or oral agreement.

 

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