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We agree to provide you with
those services set forth at the time of signup and you agree to abide by the
restrictions made below. In the event of any violation of the below terms
and conditions of using our service, we reserve the right to suspend or
terminate your account immediately, without notice. If you do not wish to be
bound by the below terms and conditions of using our service, then you may
not access the service.
Privacy Policy
Privacy Policies are located at
http://www.myvcs.net/privacy.htm
Billing & Cancellation Policies
Service must be cancelled within 15 days of due date to avoid the next cycle
billing. Any service not cancelled
within 15 days of billing date will be charged for the next billing cycle
and then cancelled. Annual or
Semi Annual accounts terminated before the end of the subscription will not be
refunded and a termination fee will apply of $ 49. Service credits are
issued. Service credits will be available for use when you re-join
MyVCS.net. DSL accounts are subject to Termination Fees and other charges if
you are in a contract. Refund
are not issued, only service credits.
Verbal authorizations for automatic debit or changes to your account are as
solid as a signature.
Cancellations must be made over phone by calling (573) 276-6415.
We do not accept email, fax or written cancellations. If your
cancellation is made by email, fax or written this will be disregarded.
We need to verify your account
information before cancelling your account.
Referral Policies
Refer a friend credits are given after your referral pays for 3 months of
Internet service.
Late & Reconnection Fees
Late fees are added 5 days after invoice is past due.
Late fee are $ 5.00 per invoice.
Reconnection fees are $ 5.00. These fees must be paid before service
will be restored.
Collection Policy
Any account not paid after (30) thirty days will be referred to our
collection agency for processing. Accounts turned over for collection will
have additional collection handling fees added.
These fees will not be removed.
In order to avoid collection and recovery fees, ensure you pay your
past due balance before (30) days of being past due. Our collection agency
is Pioneer Adjustment Services.
To discuss a collection account please call (573) 481-0900.
We do not handle collection
accounts. If you need to dispute a collection, please contact Pioneer
Adjustment Services at (573) 481-0900 for dispute information.
Promotion Policies
New customers only qualify for promotional pricing.
If you have been a MyVCS.net customer in the past you will NOT
qualify for promotional pricing.
We offer promotional pricing from time to time to existing customers
on certain products and you would qualify for that promotion.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice.
In the event that a user's service is cancelled for a reason outside of this
TOS, the service will remain active until the end of the billing cycle. We
reserve the right to cancel service without giving specific notice to any
customer.
Warranty Disclaimer
No warranty's are made regarding the service. We do not guarantee that the
service will be uninterrupted or error free. We exercise no control
whatsoever over the content of information that is passed through our
system. The service is provided on an "as is" basis.
Responsibility of Use
User shall assume all responsibility for all content distributed, accessed,
or viewed while connected to our service. Under no circumstance shall we be
held liable for your actions while you are using the service. In the event
of a court order, we may provide any and all information that they request
of us to them.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be
liable for any damages, which result in any way from user's use or inability
to use the service or any part thereof. This includes all direct and
indirect damages, special, punitive or consequential damages that may result
from busy signals, errors, delays in the service, deletion of files,
viruses, theft, or alteration of a user's computer. In the event that we are
found liable under any circumstance under the terms of this agreement, our
liability shall be limited to the unused balance of user's subscription
payment pro-rated to reflect the current term.
Age Limit
User represents to us that he or she is 18 years of age or older. User
understands that certain materials available from Service provided under the
terms of this Agreement may not be suitable for individuals under the age of
18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which
are sexually explicit or may be offensive. User accesses such materials at
his or her own risk. We have no control over and accept no responsibility
whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are applied to the service:
User May Not:
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Send SPAM, or bulk email when dialed into the network.
·
Post offensive, threatening, or SPAM, when using the newsgroups.
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Use their personal FTP site for business sites.
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Post or transmit viruses or any harmful component to others.
·
Transmit anything that is protected by copyright without permission.
·
Attempt to violate the security of any computer network
·
Engage in any illegal activity.
Dialup Restrictions
User understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than 15 channel
hours a day, based on a 30 day calendar month usage report. User may be
blocked and forced to upgrade to continue service if their account of 450
hours is used as a dedicated connection.
User understands that some services may be offered as limited. Once the user
has reached their limit, they shall not have access to the internet until
the 1st of the next month. User will not be given and may not purchase more
than one limited account in an attempt to get unlimited access on a limited
service. If user wants a dedicated connection, they must purchase a
dedicated account.
The right to use the Service is not transferable. Accounts are for User's
use only. User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting a system used by
multiple persons, group use of user log-ins, and consuming more than one
modem line are explicitly prohibited. If User has multiple accounts, then
User shall be limited to one log-in session per system account at any time.
Email Restrictions
·
User agrees that Port 25 (SMTP) is blocked for all outgoing mail
servers except our own.
·
User may not send to more than 25 recipients at a time.
·
User may not send more than 100 emails per hour period.
·
User may not send from an email address that is not their own.
·
User may not send an email that is over 10 MB in size.
·
User may not forge message headers to hide the origin of their email.
·
Provider may block certain attachment types used in transmitting
viruses.
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Email is kept on the server for only 60 days.
System Backups
We do not and will not perform system backups on any User's E-mail
account(s). We shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the reasoning for
data loss or system causes. Except as otherwise set forth herein, we will
not provide historical data, to any party for any reason, regarding any
system or Internet activity.
Although we do perform system backups on hosting content, we shall not be
held responsible for any lost web data, web files, or any website contents,
regardless of the reasoning for data loss or system causes. User should
always keep their own backup of their website. Except as otherwise set forth
herein, We will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
We do not perform backups on the mysql databases. We shall not be held
responsible for any lost data. User should always keep their own backup of
their database content.
No Confidentiality
Information transmitted through us and through the Internet in general is
not confidential. We can not and shall not guarantee privacy or protection
of any User. We reserve the right to monitor any User's transmissions when
deemed necessary for providing proper service and/or to protect the rights
and property of our company.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User
engages in any conduct or activities that we in our sole discretion believes
violates any of the terms and conditions in this Agreement. If we deny User
access to the Service because of such a violation, User shall not have the
right (1) to access through us any materials stored on the Internet, (2) to
obtain any credit(s) otherwise due to User, and such credit(s) shall be
forfeited, (3) to access third party services, merchandise or information on
the Internet through us, and we shall have no responsibility to notify any
third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
Miscellaneous
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions
of this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between parties nor trade practice
shall act to modify any provision of this Agreement.
We may modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's
acceptance of any such modification. It is User's responsibility to check
this online area regularly to determine whether this Agreement has been
modified. If User does not agree to any modification of this Agreement, User
must immediately stop using the Service. This Agreement shall be governed by
and construed in accordance with the laws of the State of Missouri without
regard to its conflicts of law provisions. Any cause of action User may have
with respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts
of public enemy, war, riots, civil disturbances, insurrections, accidents,
dire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation or
any cause beyond our reasonable control. Venue for litigation of any
dispute, controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof, naming us as the
defendant, shall be proper only in a venue determined by us. In any action
between us and User to enforce any of the terms of this Agreement, We shall
be entitled to recover expenses, including reasonable attorney's fees. This
Agreement constitutes the entire agreement between User and us with respect
to the Service. |
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