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Agreement- R. Lee Heath is an interactive online service provider for access onto the Internet promoted with the trade name 'wyndows techknow(tm)' and ActivatorMail(tm). R. Lee Heath also provides consulting services and product sales support, particular within the medical field and internet services and development areas. This agreement sets forth the Account Terms and Conditions which apply to the subscriber for use of R. Lee Heath online services. The subscriber is deemed to have agreed to comply with all these terms and conditions herewith by use of the service and network.
Billing Period - All services provided by R. Lee Heath will be billed and paid in advance for the forthcoming month,or annual period(s), and will include all applicable local, State and Federal taxes. If the customer utilizes a service, through R. Lee Heath, with any additional hourly charges or single-use special charges, these charges will be billed at the time of the next months billing. Credit card authorized payment will also be billed in the same manner. Payments not received within 30 days of invoicing will be subject to a 1.5% financing charge accumulating per month. R. Lee Heath reserves the right to cancel, terminate, or discontinue any or all services at any time for any one delinquent accounts.
Returned Checks- A returned check charge of $25.00 will be incurred for all returned checks.
Minimum Payment - A minimum payment of one (1) month, or period of months, will be assessed on all new accounts. The subscriber is responsible for choice of service and is bound to remit payment.
Billing Disputes - All billing disputes, with R. Lee Heath, must be received at our business office in writing, and the obligation to pay for service will continue until such notice is received. Termination of your service does not constitute relief from amounts incurred prior to termination. Agreements or contracts not on a monthly basis (yearly, quarterly, etc...) can be canceled in writing or by phone, but the subscriber will be obligated to pay any and all monthly fees until termination of the contract is finalized.
Cancellation Policy - On cancellation; dialup accounts will be billed to the end of the present month and at regular dialup service subscription rates, $21.95 per month, for each dialup account canceled, and for the whole period each dialup access account was used in conjunction with this contract. If the subscriber had pre-paid for any services beyond the present month or the prior use period's then total at normal rates, as indicated above, then the remainder beyond that month, or period, will be refunded, less an additional $50 termination charge. No refunds are offered for invoiced time-based ordered or contracted website or software development services which must be paid in full by subscriber on a timely basis and in any event. No refunds may be awarded to subscriber if subscriber breached any of the provider's policies. No refunds are offered for domain name registrations or search engine submissions.
Acceptable Use Policy - System abuse is strictly prohibited. R. Lee Heath may terminate without refund or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. To view our AUP click on Acceptable Use Policy.
Dial-up Numbers - Installation packets may be shipped with pre-installed dial up numbers for Chicago. On installation of the service the subscriber is responsible for inputting the appropriate number corresponding to their area of dial up service. R. Lee Heath is not responsible for charges incurred by the subscriber for the inputting of the wrong dialup number. Dialup numbers available are posted and regularly updated on our website at http://www.wyndows.com.
Line Condition - R. Lee Heath uses state of the art, modern digital equipment for offered internet/network services. R. Lee Heath is not responsible for the deterioration of line speeds based on the location of the subscriber. 56K provides speeds significantly higher than 33,600 BPS for over 80% of local phone lines. Typical speeds range between 42 and 54 KBPS (the current limit set by the FCC)
Multiple Logins - Only one person, the subscriber, may use the PPP dialup account. Multiple or simultaneous logins will constitute forfeiture of the account and your account will be terminated without refund.
Time Limits - R. Lee Heath customers may not leave their PPP dial-up accounts connected for more than 23 hours at a time. This constitutes "nailing-up an account". Your PPP Personal account is intended for unlimited personal use: meaning, (and our definition is final) that you may have your connection up as long as you are personally in front of your PC. Your PPP Personal account is not a dedicated account. If you disregard this policy and leave your account up for more than 23 hours, your account will be terminated without refund.
Responsibilities - R. Lee Heath makes no warranties, expressed or implied, regarding services provided. R. Lee Heath is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service or network connection interruptions and/or delays, or third party litigation. R. Lee Heath is not responsible for any loss you suffer resulting from delays, improper or incomplete delivery of information, possible 'computer viruses', removal of accounts and their related content, or interruption or period of interruption of service, regardless of cause. Servers are sometimes intentionally taken down momentarily for routine maintenance, upgrades, backups, server or power failures or hazards, and hardware add ons or upgrades, replacements, or improvements. as with normal operations by R. Lee Heath and most other providers. R. Lee Heath cannot control failures of other telephone lines or systems, networks connected to the Internet, and cannot be responsible for any such failures.
Patents and Trademarks - Subscriber agrees to respect all copyrights, patents and trademarks rights of R. Lee Heath. ActivatorMail(tm), InfoGrid(tm), KidGrid(tm), ActivatorDesk(tm) , wyndows(tm), techknow(tm) are products and/or trademarks of R. Lee Heath. All trademarks and registered trademarks referenced are the property of their respective companies.
Internet Domain Names - R. Lee Heath registers, manages and sells Internet Domain Names (with extensions ending in .com, .net, .org, .info, etc.) and administrates their servers settings. Names registered through and/or managed by R. Lee Heath remain in his name or possession until the business relationship ends and all amounts due for all services, Internet and otherwise, are paid in full. In the event of a dispute, or potential dispute, domain names managed by R. Lee Heath will remain in his title or name, and under his exclusive administrative control, until such disputes, or potential disputes, are settled to the satisfaction of R. Lee Heath. R. Lee Heath reserves the right to own, sell, use, redirect, or disable any or all such services and the related domains should a dispute remain unresolved according to R. Lee Heath.
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Content Screening - R. Lee Heath cannot and does not control the content of information available over the Internet. For this reason, the subscriber certifies that he/she is at least 18 years of age or, if the subscriber is a parent or guardian, he/she assumes all responsibility for supervising all of the on-line activities of any under-age users. Any information garnered through R. Lee Heath is done so at your own risk.
Subscriber is aware that this internet connected system makes available an unabridged copy of the information known as 'Usenet', and that portions of this system may contain uncensored messages or material which subscriber may find offensive. Subscriber therefore consents to the display and transfer of all information presented and hereby waives all rights and claims towards provider in this regard. Should any potentially illegal content or material be uploaded to provider's system, without notice to Provider, Subscriber agrees to immediately notify provider of any such content so that provider may have reasonable time to promptly remove such material.
Legality of Content - Provider's online system may be used only for lawful purposes. Transmission or solicitation for reception of material which violates U.S. Federal Laws or Arizona or Illinois State Laws, or State Law in the state you reside in is expressly prohibited. The subscriber agrees to use R. Lee Heath for lawful purposes only. The subscriber will not receive, post, or transmit any material, through R. Lee Heath, which violates or infringes upon the rights of other users or which violates any laws. This includes, but is not limited to: threatening, abusive, defamatory, vulgar or obscene language, any action which threatens public or private rights or which is considered objectionable, any action which encourages a criminal offense, any action which gives rise to civil liability or violates any law. Attempts to gain unauthorized access to outside computer systems are expressly prohibited. Users agree to abide by any and all rules of the network they access through R. Lee Heath The subscriber agrees to defend and hold harmless R. Lee Heath, its directors, officers, employees, agents or affiliates for all damages and claims that might arise from the subscribers use or misuse of the service, which damages or otherwise harms either the subscriber, R. Lee Heath or a third party.
Privacy and ECPA Notice - Provider reserves the right to monitor and save or backup any and/or all communications though or with our systems and facilities and are not considered to be secure communications medium purposes of the ECPA (Electronic Communications Privacy Act), and no expectation of privacy is afforded. User also understands that information can be discerned via the internet 'finger' command to third parties and agrees this is not private. This is usually includes your full name, login id, and time of last system access.
R. Lee Heath has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. The provider takes strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Routine secured system backups are performed at regular intervals. R. Lee Heath does not disclose any personal or private information to any third party without your consent with exception only to lawful investigations regarding network policy potential violations. See Acceptable Use Policy. R. Lee Heath reserves the right to use any information that passes through our services or systems. All related data or communications stored as backup material is property of R. Lee Heath and not Subscriber or Customer.
Unauthorized Connections - The subscriber shall not allow unauthorized connections to R. Lee Heath, unauthorized reselling of R. Lee Heath, or the solicitation of R. Lee Heath users to become subscribers to other online service providers in R. Lee Heath. The subscriber agrees to defend and hold harmless R. Lee Heath, its directors, officers, employees, agents or affiliates for all damages and claims that might arise from the subscribers use or misuse of the service, which damages or otherwise harms either the subscriber, R. Lee Heath or a third party. competition with R. Lee Heath, nor shall the subscriber make any unauthorized copies or duplications of any R. Lee Heath material, advertising, forms, brochures, pamphlets and the like which is the property of R. Lee Heath.
Relationship - The relationship between the subscriber and R. Lee Heath is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, R. Lee Heath reserves the right to immediately terminate the services provided to the subscriber without refund, with the subscriber being fully responsible for any and all attorney's fees incurred by R. Lee Heath with regard to this agreement at all trial and appellate court levels.
Court Venue - In the event of a dispute, R. Lee Heath and the subscriber agree that the venue for such litigation shall be Cook County, Illinois and that the terms and conditions of this agreement shall be interpreted under the laws of the State of Illinois. At discretion of R. Lee Heath, this agreement may be alternately be subject to the venue being subject to the laws of Maricopa County, Arizona and the terms and conditions of this agreement shall be interpreted under the laws of the State of Arizona should R. Lee Heath determine that this venue will be used.
AntiSpam Policy - The transmission of any type of material, whether graphical or textual in content, to other subscribers or non-subscribers without their express consent is prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate termination. Any complaints received from our subscribers or non-subscribers of unsolicited materials will result in a charge of $250.00 per complaint charged to the offending subscribers account automatically. Should such charges remain unpaid for more than 10 days, the account will be terminated without refund. The abuser may also be subject to prosecution under antispam laws of the State of Illinois.
Unauthorized use of R. Lee Heath Equipment - Any subscriber attempting to attack R. Lee Heath equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair any damage they may have caused. Should such charges remain unpaid for more than 10 days, the account will be terminated without refund
Acceptance and Modification of Terms - R. Lee Heath reserves the right to change or modify the terms, conditions, rates or services at a any time, without any prior notification. Any updates to the terms and conditions of this agreement will be posted on our website at http://www.wyndows.com. Acceptance of contracts and activation of services may be contingent upon a purchase of a computer(s) and account authorization or purchase by a computer sales or manufacturing organization.
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