The undersigned SUBSCRIBER agrees to the following Terms and Conditions:
A. PARTIES. This agreement is entered into between ONE WORLD TELECOMMUNICATIONS,
INC. ("ONE WORLD") and the undersigned individual or company ("SUBSCRIBER")
for purposes of SUBSCRIBER receiving INTERNET services or other services
from ONE WORLD. ONE WORLD is located at 415 North Quay, Kennewick, Washington
99336.
B. SERVICE RESTRICTIONS. Services provided to SUBSCRIBER by ONE WORLD may
only be used in accordance with applicable state, federal, international
or third-party nation laws, statutes, regulations and rules. Transmission,
theft, procurement of; communication, alteration, publication or storage
of any information, protected material/property, data or material, in violation
of any law, regulation or rule is strictly prohibited. This includes, but
is not limited to any material, data, matter, software/software code, intellectual
property, proprietary information, or trades secrets. It is unlawful and
a violation of this agreement to communicate or transmit in any matter,
means or medium, any threatening, harassing, or obscene material, matter,
communication of any sort, or to otherwise use ONE WORLD's services for
any illegal or unlawful purpose. SUBSCRIBER is solely responsible for the
knowledge of and adherence to any and all laws, statutes, rules and regulations
pertaining
(1) to SUBSCRIBER's use of any ONE WORLD service, and
(2) the telecommunications means by which SUBSCRIBER connects his/her terminal
or computer to ONE WORLD'S services. "Parking", "Pinging"
or similar methods of retaining a "live" modem connection is not
permitted. Such practices seriously degrade service for subscribers wishing
to gain access to the Internet. Usage hours are intended for active use,
such as viewing newsgroups, surfing the World Wide Wide, or transmitting
email.
ONE WORLD RESERVES THE RIGHT TO CANCEL ANY ACCOUNT WHICH ONE WORLD, IN IT'S
SOLE DISCRETION, BELIEVES IS HARMFUL TO THE SERVICE OF ANY OTHER ACCOUNT.
C. BILLING.
(1) ONE WORLD encourages the use of credit card payment and has priced its
services to encourage such use.
(2) All basic charges must be prepaid no later than five (5) business days
prior to the next calendar month. The service month is defined as beginning
on the first day of the calendar month and ending on the last day of the
same calendar month, regardless of whether or not the calendar month is
less than or more than thirty (30) days.
(3) All additional charges will be billed five (5) business days prior to
the next calendar month. Additional charges include the following:
(a) Hours of use in excess of the standard plan adopted by SUBSCRIBER;
(b) Charges for excessive file storage on ONE WORLD's server. Excessive
file storage is defined as hard drive storage in excess of five (5) megabytes;
and
(c) Any other chargable services provided by ONE WORLD during the prior
service month.
(4) Credit card customers: Credit card customers will be E-mailed an itemized
statement reflecting charges to their credit card. SUBSCRIBER agrees to
pay all billed amounts according to their card issuer agreement until SUBSCRIBER
cancels his/her account in writing with ONE WORLD or gives ONE WORLD written
notice of SUBSCRIBER's intent to discontinue credit card billing. Any discontinuance
of credit card billing shall take effect for the next service period. However,
if written notice is not received at least 5 business days prior to SUBSCRIBER's
next service month, discontinuance shall not be effective until the second
service period following notice of discontinuance of credit card billing.
(5) If a credit card is not used for monthly payment an invoice will be
mailed to SUBSCRIBER and prepayment must be received no later than five
(5) business days prior to the next calendar month. If payment is not received
in the time required SUBSCRIBER's service will be suspended until payment
is received. Late payments will result in suspension and a reinstatement
fee of ten dollars ($10). Any account that remains unpaid for thirty (30)
days shall be deemed cancelled. Reinstatement thereafter would require a
$25 reinstatement fee.
(6) No grace periods are permitted for receipt of monthly subscription fees.
(7) Connect time is billed in 5 minute increments.
(8) Disk space is limited to 5 megabyte for each account. Overages shall
be billed $.50 per megabyte of disk space per day after twenty four (24)
hours. Any increment in excess of .5 megabytes shall be rounded up to one
megabyte. Regular additional space can be provided for a negotiated monthly
fee. Negotiated space is strongly encouraged to aid in system management.
D. FILE MANAGEMENT. SUBSCRIBER agrees that ONE WORLD has the right to delete
all data, files or other information that is stored in SUBSCRIBER's account
if SUBSCRIBER's account with ONE WORLD is terminated, for any reason, by
either party.
E. ASSIGNMENT/TRANSFER. SUBSCRIBER's rights granted herein cannot be transferred,
shared, sold or used by anyone other than the SUBSCRIBER. No more than one
modem session can he used at any time by SUBSCRIBER on any system account.
If SUBSCRIBER has multiple accounts, SUBSCRIBER is limited to one modem
session per system account at any time. Accounts which have been transferred
to or shared by other parties, or show other activity in violation of this
paragraph, are subject to immediate cancellation.
F. ACCOUNT CANCELLATION. INTERNET access and related services provided by
ONE WORLD can be canceled at any time by either party by providing written
notice by certified mail. Cancellation shall occur five (5) business days
after the date of mailing. It is the responsibility of SUBSCRIBER to keep
ONE WORLD informed as to a valid mailing address to which notice can be
sent. Upon cancellation ONE WORLD will credit SUBSCRIBER with any unearned
prepaid subscription fees if such prepaid fees exceed one month's service.
Reimbursement will be made within thirty (30) days of cancellation.
G. ACCOUNT SUSPENSION OR CANCELLATION FOR BREACH. Notwithstanding the foregoing
conditions, ONE WORLD can immediately suspend or cancel SUBSCRIBER's service
without notice for any breach contained herein.
H. ACCOUNT SUSPENSION. ONE WORLD shall have the right to suspend service
to the SUBSCRIBER at any time, for reasonable cause, without notice.
I. MINIMUM AGE TO SUBSCRIBE. SUBSCRIBER certifies that he or she is at least
18 years of age. Any and all acts of minors shall be the legal responsibility
of SUBSCRIBER, whether or not known or reasonably knownto SUBSCRIBER.
J. INDEMNIFICATION. SUBSCRIBER agrees to indemnify and hold harmless ONE
WORLD, its officers, shareholders, agents and employees, and ONE WORLD's
subscribers from any and all claims, costs, expenses, judgments, causes
of actions, attorneys fees, litigation and court costs resulting from SUBSCRIBER's
use of ONE WORLD's services, in any manner, whether directly or indirectly.
ONE WORLD has the right to pursue any legal remedy to cure a breach by SUBSCRIBER
or to recover damages resulting from the acts or omissions of SUBSCRIBER.
SUBSCRIBER agrees to pay ONE WORLD's reasonable attorneys' fees and court
costs. In the event of litigation both parties agree that the laws of the
State of Washington shall apply. Both parties consent to the jurisdiction
of the state courts of Benton County, Washington, or in the event of diversity
of citizenship, the United States District Court for the Eastern District
of Washington.
K. LIMITED WARRANTY. ONE WORLD WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED
WITH THE SERVICE, ONE WORLD SHALL, UPON WRITTEN NOTIFICATION TO ONE WORLD
BY CERTIFIED MAIL, REFUND UNEARNED SERVICE FEES IN EXCESS OF ONE MONTH'S
SERVICE. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY ONE WORLD REGARDING
ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH,
OR LOCATED ON THE COMPUTER SYSTEMS OF ONE WORLD'S INTERNET ACCESS OR OTHER
SERVICES PROVIDED BY ONE WORLD, AND THE ONE WORLD 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.
ONE WORLD SPECIFICALLY DOES NOT WARRANT THAT FILES DOWNLOADED FROM INTERNET
OR ONE WORLD'S SERVER ARE VIRUS FREE.
L. LIMITED LIABILITY. ANY LIABILITY OF ONE WORLD, INCLUDING WITHOUT LIMITATION
ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE, ELECTRICAL DAMAGE, ELECTRICAL
INTERFERENCE, 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 MONTH. ONE WORLD HAS NO LIABILITY FOR DAMAGES RESULTING FROM
VIRUSES CONTAINED IN FILES DOWNLOADED FROM INTERNET OR ONE WORLD'S SERVER,
WHETHER OF NOT ONE WORLD SHOULD HAVE REASONABLY KNOW OF THE PRESENCE OF
SUCH VIRUS.
M. RULES AND REGULATIONS. Attached hereto and incorporated by reference
is a list of Rules and Regulations. Breach of any of the attached Rules
and Regulations shall constitute a breach of this Contract. ONE WORLD reserves
the right to amend the Rules and Regulations from time to time and any such
amendments shall become effective upon posting to the RULES AND REGULATIONS
file entered at ONE WORLD's service or when E-mailed directly to your account.
It is SUBSCRIBER's responsibility to review such changes at the time they
are posted.
N. ACCEPTANCE. Upon acceptance of the INTERNET Account Application and upon
payment as provided therein, SUBSCRIBER will be provided with instructions
and access to the INTERNET via ONE WORLD. Use of ONE WORLD's services constitutes
acceptance of this agreement.
O. COMPLETE AGREEMENT. This Contract represents the complete understanding
between ONE WORLD and SUBSCRIBER as to the subject matter hereof, and supersedes
all prior written or oral negotiations, representations, guarantees, warranties,
promises, orders, statements or agreements between the parties or any statement
or representation made or furnished by any other person representing or
purporting to represent either party.
THIS IS A LEGALLY BINDING CONTRACT AND AFTER ONE HOUR OF ONLINE USAGE I
AGREE TO HAVE BEEN DEEMED TO HAVE READ THE SAME AND BE BOUND BY ITS TERMS
AND CONDITIONS.