Terms and Conditions
Consumer Internet Access Customer Agreement
Statement of Principles
Config.Com, Inc., believes in the Constitution of the United States of America and intends to operate its Internet service on the principles contained in that Constitution. We particularly like Amendment I, "Congress shall make no law . . . abridging the freedom of speech, or of the press . . .", and Amendment V, "No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." We also believe in Family Values and Personal Responsibility. Our Customer Agreement is based on those principles.
We believe that no government has the right to interfere with the free flow of information among private citizens. We also believe that any private citizen using Config.Com's private property must respect Config.Com's terms for the use of our property. We prefer to deal with Customers who exercise good taste and common sense. Customers who use Config.Com's property in a vulgar, rude or disruptive manner will be denied further use of Config.Com's property. We believe that Family Values and Personal Responsibility are best promoted when parents participate with their children, and demonstrate to their children by example the responsible use of Config.Com's property. Config.Com does not presume to provide any electronic means of preventing children from doing what their parents have told them not to do. Config.Com believes it is the responsibility of each Customer to not let anyone use that Customer's account, that the Customer does not trust.
The Terms of the Agreement
1. THE CUSTOMER AGREEMENT
This Agreement is your entire agreement with the Company and controls your use of the Company's Internet online service. The Company is not involved in any terms or conditions of your use of other services which you may access through the Company's service, such as Netscape Instant Messenger(TM) service or third-party software and/or services.
To use the Company's service you must accept the terms of this Agreement. To be a Customer, you must be at least 18 years old and not under any legal disability that would prevent you from entering into a binding contract in the State of Ohio. Persons who are minors or otherwise under legal disability may not themselves be a Customer, and may only use the Company's service on a Customer's account, with the permission of that Customer, and with that Customer's agreement to take all responsibility for the acts of the minor or legally disabled person and to hold the Company harmless for all such acts.
When you accept this Agreement and complete the Company registration process, you become a "Customer", and the Company provides you with a limited, non-exclusive license, for the time that you are a Customer, to use the Internet access account and email address you select. Terms concerning the selection of an email address are at http://config.com .
As the Customer, you are responsible for all activity on your account. You may receive email notices about your account from time to time, so it is important for you to regularly check your Customer account mailbox. Because you are responsible for all use of your account, you should supervise the use of your account by others. This is especially important when children are using the service; if you let a child use your account, YOU are responsible for that child and WE are not. It is important that you not reveal your password to other users. You agree not to reveal your password to other users and you agree to indemnify and hold the Company harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your Customer account is terminated for violating this Agreement, the Company may refuse to permit you to use the Company's property in the future.
2. CHARGES AND BILLING
The Customer is responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.
There may be extra charges to access certain premium content. The Company will provide notice of any extra charge imposed by the Company before entering a premium area. You are responsible for any charges for premium content incurred using your account. Some Web sites charge separate fees, which are not included in the cost of your Customer account with the Company. The Company provides access to third-party vendors, who provide content, goods and/or services on the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your Customer account. In any commercial dealings that a Customer has with a third party, the Company is a "common carrier" as defined by the Uniform Commercial Code, and will act in accordance with the Uniform Commercial Code, Section 7-309, and with the Ohio Revised Code.
Most Customers pay by credit card. For some billing plans the Company will charge your designated card every month, but some charges may accumulate on your account before they are charged to your card. If you don't have a credit card, you can authorize the Company to make electronic fund transfers from your checking account. There is an additional surcharge for this payment option and you should go to http://config.com for more information. By selecting this billing option and providing the Company with your debit/checking account information, you authorize the Company to debit your checking account for charges incurred using the Company. Every time you use the Company, you re-affirm that the Company is authorized to charge your credit card or withdraw funds via electronic transfer from your checking account, depending on which payment method you have selected. You also agree to authorize the Company to charge purchases you make online to the credit card you supplied to the Company when you joined or to debit your checking account if you selected that option during the registration process.
We expect you to pay your account balance on time. We will give you 25 days from the date on your account statement to pay your bill. The Company will assess an additional $3.00 per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that the Company may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your Customer account or are terminated. You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to the Company's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
It is possible that the nearest the Company access number might be a long distance or toll call from your location. Any telephone charges incurred connecting to the Company are your responsibility. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether an the Company access number is a long distance or toll call from your location.
3. ONLINE CONDUCT AND CONTENT
By content, we mean the text, software, communications, images, sounds and other information provided online. Most content on the Company service is provided by the Company, our Customers, or independent content providers under license. In general, the Company does not pre-screen content made available on the Company service by Custoemrs. The Company does not assume any responsibility or liability for content that is provided by others. The Company will remove content that, in the Company's judgment, does not meet its standards or does not comply with the Company's requirement of Common Sense and Good Taste, but the Company is not responsible for any failure or delay in removing such material. Keep in mind that the Company is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to the Company or its Customers.
Individual Customers have the ability to create their own content and voice their own opinions. The Customer should remember that there are rules and standards that you must abide by as a Company Customer These rules and standards are described in the Company terms. As a Company Customer, you agree to follow the the Company terms and you acknowledge that the Company has the right to enforce them in its sole discretion. This means that if you, or anyone using your account, violate the Company terms, the Company may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. You understand the Company is not required to provide notice prior to terminating your account for violating these rules and standards, but it may choose to do so. Additionally, as a Customer, you may have access to other services, such as Netscape Instant Messenger(TM) service, that are available to both the Company Customers and to other Internet users. When using these services, your conduct remains subject to this Customer Agreement; however, non-Company Customers who use these services are not subject to this Customer Agreement and as a result you understand that these other users may not be governed by the same rules or standards. Because of the changing nature of the Internet and Online Services, the terms may change at any time. You can always find the most current version of the the Company terms at http://config.com.
Unsolicited Bulk E-mail
Your Customer account allows you to send and receive e-mail to and from other Customers and users of the Internet. This does not mean that you may use the Company to send unsolicited bulk e-mail or junk e-mail. Your Customer account and your authorization to use the the Company e-mail service do not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else. You may not use any area of the Company property to harvest or collect information, including email addresses, about the Company Customers, and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions can subject your Customer account to immediate termination and further legal action. The Company also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the Company property.
Much of the content available on our service is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you upload or download while using the service must be authorized; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on the Company, unless you have the legal right to. Making unauthorized copies of any content found on the Company can lead to the termination of your Customer account and may even subject you to further legal action beyond the termination of your Customer account. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless the Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Bear in mind that some areas of the Company are "public," like message boards, and other Customers will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on the Company, you expressly grant the Company the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.
4. CONFIG.COM, INC., SOFTWARE LICENSES
The Company provides you with a limited license to use our software, which you agree to use in accordance with these rules. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. We will occasionally provide automatic upgrades to improve your online experience, and we employ virus-screening technology to assist in the protection of our network and our Customers.
(((((((We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat the Company's automatic log-off feature.)))))))
The Company grants to you a non-exclusive, limited license to use the Company software to connect to the Company from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Company software. You may not modify the Company software or use it in any way not expressly authorized by this Agreement. You understand that the Company's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by the Company may vary depending on your computer and other equipment.
CUSTOMER EXPRESSLY AGREES THAT THE USE OF CONFIG.COM, INC.; THE COMPANY SOFTWARE, AND THE INTERNET IS AT CUSTOMER'S SOLE RISK. CONFIG.COM, INC., THE COMPANY SOFTWARE, THE COMPANY PRODUCTS, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE COMPANY PROVIDES SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT CUSTOMERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. CONFIG.COM, INC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY THE COMPANY SHALL BE THE REPLACEMENT OF ANY COMPANY SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE COMPANY IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 7. IN NO CASE SHALL THE COMPANY BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CONFIG.COM, INC., THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR CUSTOMER ACCOUNT WITH THE COMPANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CONFIG.COM, INC., DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon a request by the Company, you agree to defend, indemnify and hold harmless the Company and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Customer Agreement for which you are responsible or from the use of the Company or the Internet, or in connection with your transmission of any Content on the Company property. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Customer. In that event, the Customer shall have no further obligation to provide indemnification for the Company in that matter.
7. TERMINATION AND CANCELLATION
Either you or the Company may terminate or cancel your Customer account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with the Company. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the Company's enforcement or application of this Agreement; (2) any policy or practice of the Company; (3) the content available through the Company or the Internet or any change in content provided through the Company; (4) your ability to access and/or use the Company; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Customer account by delivering notice to the Company at (330) 297-9595, by sending your cancellation request via US Mail to: the Company, 124 East Spruce Avenue, Ravenna, Ohio 44266, or by fax at (330) 296-4005. Cancellation will take effect within 72 hours of receipt of your request, and the Company will send you written confirmation. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee contact the Company at the number above to have the charges reversed. The Company will collect fees, surcharges or costs incurred before you cancel your Customer account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
In the event that your account is terminated or canceled, no refund, including any Customer fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active Company Customers may not allow former Customers or other agents whose Customer accounts have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Company must be concluded before you may re-register with the Company.
8. LAW AND LEGAL NOTICES
The Customer Agreement represents your entire agreement with the Company. You agree that this Customer Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Ohio, excluding its conflicts-of-law rules, govern this Agreement and your Customer account. As noted above, Customer conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your Customer account or your use of the Company resides in the Court of Common Pleas of Portage County. Ohio, and you further agree and expressly consent to the exercise of personal jurisdiction in the Court of Common Pleas of Portage County, Ohio, in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Company any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer, available through the Company. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on the Company.
Pricing Information. Current rates for using the Company are posted at http://config.com/ and may be obtained by calling (330) 297-9595. The Company reserves the right to change fees, surcharges, monthly Customer account fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in the Customer Agreement at Section 2.