By accepting this account you (the subscriber) agree to the following terms and conditions:
1) The term''company" refers to Dynamic Consulting, Inc. and its representatives and assigns. The term "subscriber" refers to the person or entity approving this agreement. The term "authorized account associates"- refers to the subscriber and other persons permitted use of the subscriber's account under the terms of this agreement. The term "company host" refers to the computer facilities directly operated by the company at its place of business in Charleston County, SC. The term "service period" refers to the length of time the subscriber has paid for.
2) All services rendered to authorized account associates by the company, either through access to the Internet or locally on the company host, may only be used for law-abiding purposes. Transmission or storage of any information, data or material in breach of any US federal or state regulation or law is prohibited. This includes, but is not limited to, copyright material, trade secret, or any other statute, threatening material, or obscene material. Anything that Dynamic Consulting, Inc. deems offensive will be deleted from the company host, the subscriber's account will be canceled, and a refund will be prorated based on the remaining life of the subscription.
3) The subscriber is responsible for adherence to any policies and restrictions pertaining to the communications means by which authorized account associates connect their terminal or computer to the company host or any other service provided by the company.
4) Access to the company host shall be provided as a local call within the current area code in the community defined as "Greater Charleston" by the local service provider, Bell South. Company provides no warranty or guarantee that the telephone access to the company host is within, or will remain within, the area code or local dialing area provided to the subscriber by his or her local service provider.
5) Payment of the service fee is due prior to the first day of the service period. Renewals not received prior to 15 days past the first day of the service period are to be considered delinquent and may subject the account to termination. Returned checks are subject to a charge of $25.00, as well as suspension of the account until payment is received, subject to the above delinquency terms.
6) The subscriber agrees that the company, has the right to delete all data, files or other information that is stored in the subscriber's account on the company host if the subscriber's account with the company, is terminated for any reason by either the company or the subscriber.
7)ACCOUNTS ON THE COMPANY HOST CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT ASSOCIATES. USE OF THIS ACCOUNT BY PERSON OR PERSONS NOT AUTHORIZED BY COMPANY IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT ASSOCIATE CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. ACCOUNTS WHICH HAVE BEEN TRANSFERRED TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. THE COMPANY RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THIS CONTRACT. THIS PARAGRAPH IS NOT TO BE CONSTRUED SO AS TO ALLOW PROVIDER TO VIOLATE ANY STATE OR FEDERAL LAW REGULATING PRIVACY.
8) Services provided by the company can be canceled at any time by either the company or the subscriber, with written notice sent by the subscriber to the address of the company listed in this contract, or by the company, with written notice of the reason for termination sent to the last mailing address listed with the company by the subscriber. It is the responsibility of the subscriber to keep the company informed of his or her current mailing address.
9) The subscriber certifies that he or she is at least 18 years of age and a legal resident of South Carolina. The subscriber certifies that the legal names of all persons to be accepted by company as authorized account associates are listed in the space provided. Subscriber further certifies that all authorized account associates are legal relatives under South Carolina Law, being directly related by blood or marriage, and living at the same permanent residence as the subscriber.
10) Company agrees to permit access by the subscriber and, if married, the subscriber's spouse, to use of individual e-mail addresses and passwords for an additional charge of $36/year/e-mail address limit 4 addresses per account.
11) Subscriber agrees to hold the company harmless for any offensive material that may be viewed by any authorized account associate under the age of 18. Furthermore, subscriber agrees to indemnify and hold harmless the company from any claims resulting from the use of the service by any account associate which damages either the account associate, the subscriber, or another party or parties.
12) Subscriber certifies that neither he nor she, or any other account associate has been convicted of a violation of any US Federal or state regulation involving either the illegal use of any regulated telecommunication facilities or illegal distribution of commercial computer software or data. Furthermore, subscriber certifies that neither he nor she, or any other account associate has been removed from any other facility accessing the Internet for cause other than non-payment or voluntary cancellation by the subscriber.
13)THE COMPANY WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, THE COMPANY WILL, UPON NOTIFICATION FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES PRORATED TO INCLUDE THE CURRENT MONTH AND ANY REMAINING MONTHS OF THE CURRENT SERVICE PERIOD. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPANY HOST OR OTHER SERVICES PROVIDED BY THE COMPANY, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14) LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT SERVICE PERIOD.
15) These terms and conditions supersede all previous representations, agreements or understandings and shall be the prevailing terms of this agreement.
16) Use of a company host account constitutes subscriber's acceptance of these terms and conditions.
17) Unlimited access does not imply dedicated service.
