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Sun Access Service Agreement
Please read this Service Agreement carefully. Together with the
Guidelines for Acceptable Use and the Privacy Statement, it
governs your use of the Internet access and other information,
communication and transaction services (collectively called the
"Service") provided to you by Sun Access. This
Agreement, the Guidelines and the Privacy Statement supersede
all prior communications and agreements with regard to their
subject matter; the current version of each may be found at Sun
Access's Website at http://www.sunaccess.net/terms1.html
.
1. Service
1.1 By becoming a subscriber of the Service or by using the
Service or any software provided by Sun Access other than to
read this Agreement, you agree to accept the terms of the
Agreement (including the Guidelines and the Privacy Statement.
Sun Access may change this Agreement at any time; such changes
will be effective immediately upon transmission of notice by
e-mail, postal mail, or any other means. Each time you use the
Service reaffirms your acceptance of the then-current Agreement.
If you do not wish to be bound by this Agreement, you may
discontinue using the Service and the Software and immediately
terminate your account as set forth below.
1.2 Please refer to your initial signup package description for
specific information on your services and service level. Sun
Access may discontinue or alter any service level or aspect of
the Service at any time, without notice, without liability and
in Sun Access's sole discretion.
2.Your Obligations
2.1 You agree to provide Sun Access accurate, current and
complete information (including but not limited to billing
information, name changes and users) to the extent required by
Sun Access to become a subscriber of the Service and at any time
thereafter. Further you agree to maintain and to update this
information as required, keeping it accurate, current and
complete. You agree in your enrollment and in your use of the
Service not to impersonate any other person or entity, and you
represent that you are 13 years of age or older.
2.2 You are responsible and liable for any activity by any
person who uses your subscription to the Service. Other users of
your account will be bound by this Agreement as if they were
you. You are responsible for maintaining the confidentiality of
your password and for any liability resulting from the
disclosure of your password. You agree that, upon becoming aware
that your password or account is (or possibly is) being used
without authorization, you will immediately change your password
and notify Sun Access by sending e-mail to security@sunaccess.net.
2.3 You are responsible for obtaining and maintaining the
equipment and telephone services necessary to access and use the
Service and for any telephone charges associated with connecting
to the Service. Any and all charges associated with said
equipment and telephone services are your sole responsibility.
Depending on your location, connecting to the Service may
involve long distance telephone charges.
2.4 You expressly permit and authorize Sun Access (and such
third parties as may be authorized by Sun Access, subject to the
Privacy Statement) to furnish you, electronically or by any
other means selected by Sun Access, information prepared by Sun
Access or by (or on behalf of) other entities, including
advertising information and solicitations. You acknowledge that
any such advertisements and solicitations are an inseparable
part of the Service, and you understand and agree that such
advertisements and solicitations cannot be terminated unless the
Service is also terminated. Some third parties furnishing you
with advertisements and solicitations through the Service may
permit you to "opt out" of receiving such
communications from them, in which case you can do so by
following the instructions they provide. However, Sun Access is
not responsible for any such party's failure to comply with its
own "opt out" policies. All such advertisements and
solicitations will be understood to be "requested" by
you through the act of using the Service, and each time you use
your account reaffirms such request Sun Access's policies
relating to privacy and the collection and use of subscriber
information are set forth in the Privacy Statement, which forms
an integral part of this Agreement.
2.5 You agree in using the Service to comply with Sun Access's
Guidelines for Acceptable Use. You acknowledge that the Service
is provided only for personal use by you and members of your
household, business or organization. You agree that the Service
is a shared dial-up arrangement and does not provide dedicated
access.
2.6 You agree that Sun Access may establish general practices
and limits concerning use of the Service. These may include, but
not be limited to, the maximum number of days that unread e-mail
messages will be retained by the Service, the maximum number of
e-mail messages that may be sent from or received by an account
on the Service, the maximum size of any e-mail message that may
be sent from or received by an account on the Service, the
maximum disk space that will be allocated on Sun Access's
servers on a subscriber's behalf, and the maximum number of
times (and the maximum duration for which) a subscriber may
access the Service in a given period of time. You acknowledge
that such limits may differ for different portions of the
Service, and in particular may be set at different levels for
subscribers based on their chosen service level and/or
geographic location. You also acknowledge that Sun Access
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
3.Content
3.1 You acknowledge that information, communications,
photographs, video, graphics, software, music, sounds and other
materials may be accessible to you through your use of the
Service. You acknowledge that, as a matter of policy, Sun Access
does not pre-screen such materials, but that Sun Access has the
right (but not the obligation) to remove from its computer
servers, materials (including, without limitation, materials
created, posted, uploaded or transmitted by you) that Sun
Access, in its sole discretion, determines to be in violation of
the Guidelines. You further acknowledge, however, that Sun
Access does not have the capability to monitor, review,
restrict, edit or remove materials made available by third
parties on the Internet, and you agree that you must evaluate,
and bear all risks associated with, the use of any materials,
including any reliance on the accuracy, completeness, or
usefulness of such materials. The fact that Sun Access provides
a link to a particular Web page is not an indication that Sun
Access endorses that site's policies or the content or products
available from that particular site.
3.2 You acknowledge that copyright, trademarks, and other
intellectual property rights protect materials available through
the Service. You agree that your use of such materials is
governed by all applicable laws and regulations, and by any
further restrictions placed on such materials by their owners or
licensors.
3.3 You acknowledge that the Service may provide certain public
areas (e.g. message boards, newsgroups, forums, and public
mailing lists), and that Sun Access is a distributor (and not a
publisher) of information disseminated by persons using the
Service. By posting, uploading or transmitting material to any
such area, you are requesting Sun Access and/or its partners to
make such material available to others, and you are
acknowledging that placing such material in a public area will
result in copies of such material being transmitted to others.
By posting, uploading or transmitting material to any public
area, you grant (i) to Sun Access and/or its partners, suppliers
and subcontractors a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive license (including any moral rights)
to use, reproduce, modify, adapt, publish, distribute, display,
and create derivative works from, such material (in whole or in
part) and to incorporate it into other works in any form, media
or technology (whether now known or later developed) and (ii)
warrant that the owner of any rights in the material, including
intellectual property and moral rights, has waived such rights
and has given you the right to grant the license described
above.
4.Software License
4.1 Sun Access grants to you a personal, non-transferable,
non-exclusive license to use the Access Software
("Software"), in object code form only, to access the
Service subject to the terms and conditions of this Agreement.
The Software is licensed, not sold, to you by Sun Access and may
be used only to connect to the Service from the United States of
America and such other locations as Sun Access may authorize.
4.2 You may copy and archive the Software, and you may
distribute copies of the Software to third parties, provided
that all such copies contain the same copyright notice and
proprietary markings as are on the original Software; and
provided further that you do not sell, transmit or otherwise
dispose of any copy for compensation or as part of a commercial
offer. Notwithstanding the foregoing, Sun Access may, at any
time, and in its sole discretion, prohibit your distribution or
your further distribution of the Software to third parties and
require you to discontinue any such activity.
4.3 You agree not to translate, reverse engineer, reverse
compile, disassemble or make derivative works from the Software.
You agree not to modify the Software in any manner or form, or
to use modified versions of the Software including, without
limitation, for the purpose of obtaining unauthorized access to
the Service or disabling features of the Software or Service.
Except as may be permitted by Sun Access, you agree not to
access the Service by any means other than through the interface
that is provided by Sun Access or its partners for use in
accessing the Service.
4.4 The Software includes certain cryptographic software that
may be subject to export controls under the U.S. Export
Administration Act. The Software may not be exported to any
country or to any foreign entity or "foreign person"
to the extent prohibited under applicable U.S. government
regulations. By downloading or using the Software, you are
acknowledging and agreeing to the foregoing limitations on your
right to export or re-export the Software, and are also
representing and warranting that you are neither on any of the
U.S. government's lists of export precluded parties nor
otherwise ineligible to receive software containing cryptography
that is subject to export controls under the U.S. Export
Administration Act.
4.5 You acknowledge that Sun Access and its suppliers and
subcontractors retain all title rights including but not
exclusively, intellectual property rights and interest in the
Software, except as expressly licensed in this Agreement. All
rights in the content, information and materials accessed
through use of the Software are the property of the applicable
content owner and may be protected under intellectual property
and other applicable laws. You agree that Sun Access's suppliers
and subcontractors are direct and intended third party
beneficiaries of this Agreement.
5.Fees
5.1 As a subscriber of the Service you are solely responsible
for any charges to your account and any activities conducted
through your account. By using a credit card or other payment
method to pay for any billable portions of the Service, you
expressly authorize Sun Access or its agents to charge all fees
and other charges incurred in connection with your service to
the credit card or other payment method you have designated, and
such authorization will remain valid unless revoked by you
pursuant to Section 8.2.
5.2 If you use a credit card and Sun Access does not receive
payment from the card issuer or its agents, you agree to pay all
amounts due upon demand by Sun Access. Fees are non-refundable,
except as otherwise provided in this Agreement.
5.3 You may change your designated payment method by contacting
Sun Access in the manner specified for that purpose on Sun
Access's Website or by calling Sun Access Customer Service at 1
(800) 810-6896 as of the date of this Agreement. Sun Access
reserves the right to accept other forms of payment or to modify
the forms of payment it will accept. If Sun Access elects to
authorize alternative or additional methods of payment, your
designation of such a method of payment will be deemed to be an
authorization to Sun Access to bill you, in a manner appropriate
to your designated payment method, for all fees and other
charges incurred in connection with your service.
5.4 If your designated credit card denies payment when billed
for the service, you will be notified by e-mail. You will then
have ten (10) days to arrange for alternative means of payment
or your Service will be suspended. A reconnection fee of $10
will be applied to re-activate your account after it has been
suspended.
5.5 Your subscription to any billable portion of the Service
will continue and renew automatically, unless terminated by Sun
Access or until you notify Sun Access by telephone (or in such
other fashion as is then deemed acceptable by Sun Access) of
your decision to terminate your subscription to a portion of the
Service. Sun Access reserves the right at any time to change its
fees and charges for use of portions of the Service, to
institute new or additional fees, and to change its policies,
methods, and procedures with respect to pricing, billing,
cancellations, and surcharges. Although Sun Access expects to
provide e-mail or other notice to you prior to increasing the
price you pay for the Service, Sun Access shall not be required
to do so before making any of the changes described. You may
obtain current pricing information for different service levels,
as well as information about policies, methods and procedures
with respect to pricing, billing, cancellation and surcharges (i)
by calling Sun Access Customer Service at 1(800) 810-6896 as of
the date of this Agreement, (ii) through Sun Access's Website,
or (iii) by sending e-mail to care@sunaccess.net.
Sun Access may modify the means of accessing rates and billing
information at its sole discretion.
5.6 You agree to pay all sales, use, value-added, personal
property or other governmental taxes or levies imposed on fees
for the Service or goods or services that you purchase through
the Service.
6.No Warranties
6.1 You agree that use of the Service is at your sole risk. You
acknowledge that the Service may provide access to the Internet,
but that the Internet is not owned, operated or managed by Sun
Access.
6.2 With respect to information, goods and services provided or
accessed on or through the Service or otherwise available on the
Internet, Sun Access (i) has no responsibility or obligation
with respect to (and does not endorse) any information, good or
service, (ii) makes no warranties whatsoever (express or
implied) with regard to any information, good or service
(including, without limitation, warranties of accuracy,
completeness, usefulness, merchantability, safety or fitness for
a particular purpose), (iii) will not be a party to a
transaction between you and any other user of the Service and
(iv) will not be liable, under any circumstance, for any loss,
cost or damage arising directly or indirectly from any act or
omission of any person or from any information, good or service;
except to the extent the foregoing may not be disclaimed under
law. Sun Access does not assume liability to subscribers or
others for any failure to enforce the Guidelines.
6.3 Sun Access AND ITS PARTNERS AND SUBCONTRACTORS DO NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR
MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE
SERVICE. Sun Access DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME,
FOR ANY LENGTH OF TIME OR AT ANY SPEED. THE SERVICE AND THE
SOFTWARE ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER
EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN (INCLUDING
ELECTRONIC) INFORMATION PROVIDED BY Sun Access, ITS EMPLOYEES,
AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED
USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH
ADVICE OR INFORMATION.
6.4 UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL Sun
Access OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR
SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR
INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. Sun
Access's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT
TO THE SERVICE AND SOFTWARE WILL BE REPLACEMENT OF MEDIA
CONTAINING THE SOFTWARE THAT Sun Access DEEMS TO BE DEFECTIVE.
7.Indemnification
7.1 You agree to indemnify Sun Access and its affiliates against
liability arising from your use of the Service (including,
without limitation, your dissemination of any information on the
Service).
8.Termination
8.1 Sun Access may terminate your access to the Service and your
account at any time, for cause or for no cause, with or without
written (including electronic) notice. Upon termination, you
will have no right to continue to use the Service or access any
stored content on the Service (and any such content will be
forfeited). You acknowledge that if an account on the Service is
terminated (or you delete your account from Sun Access's central
computers), any unread e-mail sent prior to such termination may
be deleted from the Service.
8.2 You may cancel billing for your service at any time by
calling Sun Access's Customer Service at 1 (800) 810-6896 as of
the date of this Agreement or by using such other means as Sun
Access may make available from time to time, provided that you
will remain liable for any fees to which you have committed at
the time of registration. If you are dissatisfied with this
Agreement or any terms, policies, or practices of Sun Access in
operating the Service, any content available through the Sun
Access Service, or any change to any of the foregoing, your sole
recourse is to cancel your service.
9.Miscellaneous
9.1 The failure of either you or Sun Access to insist upon or
enforce strict performance by the other of any provision of the
Agreement will not be construed as a waiver of any provision or
right. Neither the course of conduct between you and Sun Access
nor trade practice will act to modify any provision of the
Agreement.
9.2 If any provision of this Agreement is held to be
unenforceable for any reason, that provision will be reformed
only to the extent necessary to affect the original intentions
of the parties, and the remainder of this Agreement will remain
in full force and effect.
9.3 This Agreement and its enforcement will be governed by, and
construed in accordance with, the laws of the State of South
Carolina, without regard to conflicts-of-law principles. You
consent to the exclusive jurisdiction of the state and federal
courts situated in the State of South Carolina in connection
with any action arising under this Agreement or relating to the
Service or Software. Any cause of action brought by or on behalf
of you with respect to this Agreement, the Service or Software
must be commenced within one year after the claim or cause of
action arose.
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