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- Provision of Services. I
understand and agree that, subject to the terms and conditions of the Agreement, TCI
Consulting, Inc. (hereafter referred to as Full Radius) shall provide me with certain
Internet access and web site hosting services. I understand and agree that I am
fully responsible for the use of such services by me or by anyone whom I permit to use my
account, and that Full Radius reserves the right to terminate my account at any time, for
any reason.
- Payment Obligations.
- If I have given my credit card number to Full
Radius, I understand that charges will be billed to my credit card each month for the
basic service and any additional usage. I authorize this automatic billing by Full
Radius. Full Radius' monthly billing cycle is based on my sign-up date, with the
basic service fee for each month charged and due at the beginning of my billing
cycle along with additional usage fees from the previous billing cycle. I understand
that all charges are considered valid unless disputed in writing within thirty days of
invoice date. I understand and agree that Full Radius shall not be responsible for
any charges or expenses that I may incur resulting from overdrawing my bank account or
exceeding my credit card limit as a result of an automatic charge generated by Full Radius
pursuant to this authority.
- If I have elected to pay for my basic service
through a prepayment plan, I understand that the automatic billing described in paragraph
(a) shall only apply to the services, charges, and expenses that are not paid for through
the prepayment plan.
- If I have elected to be invoiced monthly for
Internet services, I understand that late charges and or account suspension/termination
may apply if I am late remitting payment in full.
- My Obligations. I understand
that I am responsible for determining whether a Full Radius telephone number is within my
local calling area, and that I am responsible for any long distance charges I may incur in
connecting to Full Radius. If I am using one of Full Radius' unlimited plans, I
agree not to provide any public information services over this connection, not to use any
automatic method to avoid inactivity disconnect, and to keep the connection active only
when I am actively using it. I understand that I may cancel my account at any time
effective the end of that billing cycle. If I am not satisfied and wish to cancel my
account within thirty days of the day Full Radius activates my account, I may do so and
receive a full refund of all money paid. I understand that Full Radius may change
its prices from time to time, and that I will be provided with 15 days written or
electronic mail notice of any such changes.
- Appropriate Use of Services.
I agree to maintain my password as private and confidential information. I agree to
use my Full Radius account in a way that conforms with all applicable laws and
regulations. I specifically agree not to make any attempt to gain unauthorized
access to any systems or networks. I agree that I will not use the Full Radius
services (including any web site I establish on Full Radius' server) or the Full Radius
web site to publish, post, distribute or disseminate another's proprietary information,
including trademarks or copyrighted information, without express authorization of the
rights holder. I understand and agree that Full Radius reserves the right to
immediately remove (with or without terminating my account) from my account or any web
site I establish on Full Radius' server any material or information which infringes
another's property rights.
- Security. I understand that
the information available through Full Radius or interconnecting networks may not be
accurate, including the content displayed on the Full Radius Desktop. I understand
that some of the information available through Full Radius or interconnecting networks may
be intended for adult audiences. I understand that internetworking communications
are not secure, and may be subject to interception or loss. Full Radius makes no
warranties of any kind, whether expressed, implied, or statutory concerning the data or
information available through the Full Radius network.
- Warranty Disclaimer. I
understand that the use of my Full Radius account, and any data or information accessed
using that account, will be completely at my own risk. I understand that the
cumulative liability of Full Radius for any and all claims relating to the services
provided by Full Radius, in contract, tort, or otherwise, shall not exceed that total
amount of the basic service fees paid to Full Radius for services within the prior
year. I agree that Full Radius shall have no liability for any consequential,
indirect, special or incidental damages regardless of the success or effectiveness of
other remedies.
- Indemnification. I agree to
defend, indemnify and hold Full Radius and its affiliates harmless from any and all
liabilities, costs and expenses, including any reasonable attorneys' fees related to or
arising from any violation of this agreement by me or those who access the service through
my account, or the use of the services or the Internet and the placement or transmission
of any message, information, software, audio files or other materials on the Internet by
me or by those who have access to the services through my account.
- Termination. I understand
that Full Radius reserves the right to terminate my account at any time, for any reason,
including, but not limited to, my failure to abide by the terms of this agreement or my
failure to pay any fees or charges when due. If my account is inactivated, I may be
required to pay reconnect charges and a prepaid deposit in order to re-activate my
account. If my account includes space on Full Radius' server, anything stored in
this space will be deleted upon inactivation. I understand that violation of certain
generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings
and mass advertising, or posting to inappropriate newsgroups, may cause severe operating
difficulties for Full Radius, and would be a likely cause for termination of my
account. More detail of violations can be found in the TCI Consulting, Inc. Policy
on Appropriate Use. I agree to abide at all times by TCI Consulting, Inc.'s
then-current Policy on Appropriate Use as made available via a link on the Full Radius
home page at http://www.fullradius.com/ and by
other policies posted on the Full Radius web site.
- Law and Jurisdiction. I
understand and agree the laws of the State of Massachusetts govern these Terms of Service
and my Full Radius account. I expressly agree that exclusive jurisdiction for any
claim or dispute with Full Radius or relating in any way to my account or my use of Full
Radius resides in the courts of Massachusetts. I further agree and expressly consent
to the exercise of personal jurisdiction in the courts of Massachusetts in connection with
any such dispute, including any claim involving Full Radius or its affiliates,
subsidiaries, employees, contractors, officers or directors.
- Complete Agreement: Amendments.
This agreement represents the complete agreement between TCI Consulting, Inc. Enterprises,
Inc. and myself with respect to the subject matter of this Agreement, and supersedes any
other written or oral agreement. I understand and agree that Full Radius may amend
or modify this agreement or impose new conditions at any time. Any use of Full
Radius' services shall be deemed to constitute acceptance by me of the then-current
service agreement (including any amendments, modifications or new conditions) as published
and made available by a link on the Full Radius home page at http://www.fullradius.com/newbeta.
Please send any questions or comments to support@fullradius.com.
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Members agree to
abide by all Full Radius Policies
© 1999 TCI Consulting, Inc.
489 Common Street, Suite 2D
Belmont, MA 02478
Phone: 617.489.9741
Fax: 617.489.9746
E-Mail: webmaster@fullradius.com |