Member Service Agreement

1. This is an agreement between you and MTCNet. Your Internet service is between you and/or your designated representative. You agree that your username and password and changes to both of these items are your responsibility.
2. MTCNet shall not, in any way, be held responsible for any claims or damages caused by any of its customers. You agree to use all of the services provided by MTCNet at your own risk. MTCNet specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MTCNet be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify MTCNet against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of MTCNet. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by MTCNet, its employees, by its own negligence, or your errors or omissions.
3. MTCNet shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, MTCNet shall in no event be liable for any long distance charges billed to the customer.
4. MTCNet always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supercede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. In the event that you wish to terminate your account due to the price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax MTCNet a written request to terminate services. Otherwise, the existing service will be billed at the new rate.
5. We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.
6. MTCNet reserves the right to change its services without notice including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.
7. You understand that your MTCNet service may be interrupted for several reasons. This is including, but not limited to, malfunctions, maintenance, and improvement or, as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. MTCNet will make every effort to post future service interruptions on their homepage. MTCNet shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
8. Any Internet activity which references back to MTCNet or its services in a damaging manner will result in suspension or termination of account(s). Illegal Internet activity using or referencing to MTCNet such as a mtcnet.net account or other domain hosted by MTCNet could result in immediate termination, possible prosecution, and assessment of legal fees accrued.
9. Use of MTCNet and the access of your Internet account by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full. This agreement is effective when you first use MTCNet and continues until service terminated by either party. If either party terminates this agreement, you are still responsible for any charges on your account.
10. There is not a discount for MTCNet to forward your mail or web site, if you choose to terminate your account with MTCNet. It is recommended that you continue your account with MTCNet for an additional month for forwarding purposes. If you need your site forwarded longer, you will need to continue your account with MTCNet for the appropriate amount of time.
11. MTCNet bills for services from the 16th of each month through the 15th of the following month. Initial bills may include billing for more than 1 month. Past due accounts may be inactivated or removed at MTCNet’s discretion. If an account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court costs.
12. MTCNet reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. Currently, users are not disconnected for any amount of continual use. These parameters can be changed at any time at MTCNet’s discretion.
13. The use of your MTCNet account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy may result in the immediate termination of your MTCNet account.
14. MTCNet shall not be held liable for malfunctions of users computer(s) due to a virus originating from another domain or from the mtcnet.net domain. MTCNet reserves the right to disable a users account if a known virus is detected on a users computer. If an account is disabled for a virus, the user must continue to pay for the service. If the user chooses not to pay for the service while a virus is being cleaned, the account will be removed and the user will need to pay a reconnect fee.
15. Impersonating another user or otherwise falsifying one’s username in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
16. You shall be held liable for any and all costs incurred by MTCNet as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. MTCNet’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.