Dial up Terms and Conditions

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. Introduction

2. Subscription Requirements

3. Payment Obligations of a Member

4. Member's Account, Password, And Security

5. Monitoring The Services

6. Disclaimer of Warranties and Limitation of Liability

7. Software License

8. Web Site Usage

9. Un-Metered vs. Un-Limited Usage

10. Term of Agreement

11. Termination

12. Jurisdiction

13. Miscellaneous

1. Introduction

Internet Professionals & Network Solutions (IPNS) provides its Internet services, as they may exist from time to time (Services), to users who pay a monthly service fee to subscribe to the Services (Members) as well as to those who access some of our Services but do not have accounts (Visitors). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, IPNS's Acceptable Use Policy, and other policies that may apply by utilizing any service provided by IPNS or its upstream network providers.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10 & 11.

2. Subscription Requirements

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. IPNS is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for IPNS's Services are posted throughout our web site at www.ipns.com These rates may also be obtained by emailing sales@ipns.com or calling 503-205-4767. IPNS reserves the right to change prices and institute new fees at any time upon posting notice on the IPNS web page.

3. Payment Obligations of a Member

• Members must (i) provide IPNS with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to IPNS all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
• Members having questions regarding charges to an account should contact IPNS's Accounting Department at accounting@ipns.com, or Customer Service Department at support@ipns.com You may also call us at 503-205-4767. All charges are considered valid unless disputed in writing within Thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
• Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. IPNS is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by IPNS.
• If paying by check, payments are due upon receipt the month in which the charges are incurred.
• If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
• If you purchase Services through a reseller who in turns pays IPNS, the reseller must pay all amounts owing for your account. If the reseller fails to pay IPNS any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
• If you purchase Services through a reseller who in turns pays IPNS, the reseller must pay all amounts owing for your account. If the reseller fails to pay IPNS any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
• Delinquent accounts may be suspended or canceled at IPNS's sole discretion; however, charges will continue to accrue until the account is canceled. IPNS may bill an additional charge to reinstate a suspended account.
• IPNS allows simultaneous logins on an account. This means that multiple users dialing into the same account, at the same time will incur additional charges. The simultaneous usage charges are in addition to any other charges in effect for your account. Please note that you are responsible for recognizing when more than one person is logged in at the same time.

4. Member's Account, Password, And Security

Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your IPNS account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify IPNS immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at IPNS's discretion, be transferred to a compressed temporary file or storage. IPNS may delete the temporary file from the server 30 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by emailing sales@ipns.com or calling 503-205-4767.

Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

IPNS may change its POP numbers at any time. IPNS reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are IPNS's property and IPNS may alter or replace them at any time.

5. Monitoring The Services

IPNS has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if IPNS, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. IPNS may immediately remove your material or information from IPNS's servers, in whole or in part, which IPNS, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

6. Disclaimer of Warranties and Limitation of Liability

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY IPNS, IPNS DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. IPNS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPNS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IPNS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH IPNS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY IPNS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. IPNS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, IPNS'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. Software License

IPNS makes no claims arising from the use of any software not purchased or developed directly by IPNS. Each member is solely responsible for the use of third part software to access service.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

8. Web Site Usage

Our site on the World Wide Web with its home pages in the domain "ipns.com" or any other site operated by IPNS (the "Web site") is a complimentary information service offered by IPNS at no charge to users.

We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site, which has an address (or URL), which does not contain "ipns.com" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by IPNS of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "IPNS", (b) the link must "point" to the URL "www.ipns.com" not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by IPNS, (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) IPNS may, in its sole discretion, revoke consent to link to our web site at any time. All other hypertext links to the Web site must be approved in writing by IPNS.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by IPNS. IPNS assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold IPNS harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify IPNS from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. IPNS will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to IPNS to use on the Web site will be deemed to be a grant by you to IPNS of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

9. Un-Metered vs. Un-Limited Usage

IPNS offers un-metered 56K Dial-up service, this means we do not monitor usage unless we see that the user is never disconnecting or setting their computer up to dial-up automatically even when the user is not even near the computer. Unlimited or Dedicated internet service can be obtained via a Dedicated Dial-up account, DSL or like services.

10. Term of Agreement

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

11. Termination

You may terminate your account at any time and for any reason by providing notice of intent to terminate to IPNS. To cancel the Service you must provide us with a cancellation form, this form is located at www.ipns.com Your service date ends when the cancellation form is returned and all amounts owed for the service are brought current. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on IPNS servers will be deleted.

IPNS may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if IPNS, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing.

If your account included space on IPNS's servers, anything stored on this space will be deleted upon termination.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

12. Jurisdiction

This Agreement is governed by Oregon law without regard to conflict of law provisions. The federal and state courts located in Portland, Oregon alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in Portland, Oregon with respect to such matters or otherwise between you and IPNS, and waive your rights to removal or consent to removal.

13. Miscellaneous

This Agreement, the Acceptable Use Policy, and IPNS's other Agreements and policies posted on IPNS's Web site constitute the entire agreement between you and IPNS with respect to your use of the Service.

IPNS may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on IPNS's Web site (www.ipns.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you.

Rev. 08/11/2004