Terms of Service

Prohibited Uses

CLIENT may not:

• restrict or inhibit any other CLIENT from using and enjoying the Internet;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• post on any webspace provided any sexually explicit materials or materials that may be deemed illegal;
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• send unsolicited advertising or promotional materials to other network CLIENTs (See section titled "MESSAGING");
• allow CLIENTs to run Maillist, Listserv or any form of auto-responds from a non-business account;
• run or activate processes while CLIENT is not logged in;
• violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• use their personal FTP site for business sites;
• attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of CLIENT's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");
• use a OUR Access connection as a dedicated Internet connection, which is considered in excess of a total of 15 (fifteen) hours of use per day; or
• violate any of the rules, regulations and policies of those networks and computer systems accessed via CLIENT's account.

WE have no obligation to monitor the Service. However, CLIENT agrees that WE have the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other request, to operate the Service properly, or to protect ourself or our CLIENTs. WE will not intentionally monitor or disclose any private E-mail message except as outlined in sections 29 through 33 & 50 unless required by law. WE reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. WE reserve the right to suspend access to the Service for CLIENT's account. The account's suspension may be rescinded within the sole and absolute discretion of US following payment of a reconnection charge, to be determined by US in our sole and absolute discretion.

Hosting Restrictions

• CLIENT may not run any daemons on the server.
• CLIENT may not run any program that sends out bulk email through the hosting server.
• CLIENT may not run any formmail.pl program earlier than version 1.92

We reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. CLIENT may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow personal websites that exceed 5 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

We reserve the right: to refuse to post, or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Messaging

CLIENT agrees to limit their use of OUR service, specifically regarding the use of OUR electronic (email) services, to the following restrictions:

• CLIENT agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
• CLIENT may not send to more than 25 recipients at a time.
• CLIENT may not send more than 100 emails per hour period.
• CLIENT may not send from an email address that is not their own.
• CLIENT may not send an email that is over 5 Mb in size.
• CLIENT may not forge message headers to hide the origin of their email.
• WE may block certain attachment types used in transmitting viruses.
• Email is kept on the server for only 30 days.

Unauthorized Use of Relay Servers

CLIENT agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

CLIENT agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. CLIENT may not purposefully misrepresent the origination information of any email messages sent while using OUR service.

E-mail Spamming

We maintain a NO TOLERANCE Spamming Policy. This ISP is based in Washington State and mail spamming is considered an ILLEGAL activity in this state. In the event that Spamming is traced back to your account, You will receive a fine of no less than $300.00 per account/violation and service termination, with no possibility of refund. Also, if the spamming occurred via an e-mail account with OUR Access, you will receive an additional $300.00 fine per e-mail account/violation. In addition, you will void the privacy policy set forth by US and all entities within OUR service. WE will provide, as per written request, and with  substantiated proof, all crucial customer details to any persons or organizations whom file a complaint as a direct result of bulk email receipt. As a direct result of sending unsolicited email (SPAM), these companies may opt to file criminal and civil lawsuits on any persons or companies participating in the submission of unsolicited bulk email.

The following information is commonly used in e-mail spamming to deter recipients from reporting unauthorized spamming. We are aware of this tactic and are also aware that it is completely NULL in value. ANY e-mail containing this section or any like it will be considered a SPAM and will be handled as such.

<<<This message is being sent to you in compliance with the proposed Federal legislation for commercial e-mail (S.1618 - SECTION 301). "Pursuant to Section 301, Paragraph (a)(2)(C) of S. 1618,. Further, this message cannot be considered spam as long as we include sender contact information.>>>

Fraudulent Content

CLIENT agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN ANY SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $300 PER EACH ACCESS. IN ADDITION, IN THE EVENT THAT VIOLATIONS ARE INCURRED VIA CLIENT'S E-MAIL ACCOUNT WITH US, AN ADDITIONAL PENALTY OF $300 PER E-MAIL DEEM TO BE FOUND LIABLE WILL BE CHARGED TO CLIENT. WE RESERVE THE RIGHT TO CHARGE CLIENT'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF OUR SERVICES, A ONE-TIME FEE OF $300 PER VIOLATION OF THESE TERMS. IN THE EVENT CLIENT PRE-PAYS FOR THEIR SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, WE RESERVE THE RIGHT TO INVOICE AND HOLD CLIENT RESPONSIBLE FOR THE ONE-TIME FEE OF $300 PER VIOLATION/ACCOUNT OF THESE TERMS. CLIENT ALSO AGREES TO THE IMMEDIATE TERMINATION OF OUR SERVICE FOR VIOLATION OF ANY OF THESE TERMS. WE ARE BASED IN WASHINGTON STATE AND ALL LISTED VIOLATIONS ARE CONSIDERED ILLEGAL UNDER STATE LAWS AND REGULATIONS. IN THE EVENT THAT CLIENT CONTESTS CHARGES, WE WILL PROSECUTE AND CLIENT WILL ALSO BE RESPONSIBLE FOR ALL ATTORNEY, COURT, COLLECTION AND ALL OTHER LEGAL FEES.

Limitation of Dial-Up Services

Although WE advertise "Unlimited Access" in regards to some of our Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of OUR services by any such CLIENT, which restricts overall OUR system availability for other such CLIENTs. These limitations apply only to Dial-Up access services offered by US.

Any activity beyond the limit set forth in accordance with signed service agreement will result in denied access for the remainder of that billing month. All accounts are reset at the beginning of each month.

CLIENT agrees to not use the service as a dedicated connection. CLIENT 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. CLIENT may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection

CLIENT agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes).

CLIENT may not attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of CLIENT's connection, including the use of pingbots and other methods of avoiding timing disconnection.

Limitation of E-mail Services

CLIENT agrees to maintain their e-mail account and keep such account at or below 5 megabytes of data at any one time. Exceeding this amount will incur a $5.00 extra storage fee per megabyte/per month for each account.

Limitation of Technical Support

Technical support is limited to assisting the CLIENT with setup of dialup, dedicated, and e-mail accounts as well as any technical problems related directly to these accounts.

Verbal abuse of our employees will NOT be tolerated. Our employees are given authority to terminate any CLIENTs account upon their own discretion and determination of verbal abuse.

Idle Timeout

CLIENT agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between CLIENT's modem and OUR service.

Maximum Single Session

CLIENT agrees to have a non-dedicated connection session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session. Re-connection will again be possible after 60 seconds from disconnect.

Minimum Re-Connect Limit

CLIENT understands they may not be able to log back onto OUR system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination. This is due to the servers acknowledging and processing the disconnection.

Multiple, Concurrent Online Sessions

CLIENT agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Terms of Payment

A credit card CLIENT agrees to allow US to bill his or her card on each successive billing date without obtaining CLIENT's permission. A credit card CLIENT shall notify US of any changes in credit card number or expiration date. If the card is not honored for any reason, WE will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. WE will contact the card holder, and if alternative billing has not been established within five (5) days, the account will be disabled. Restoring the account may be subject to a re-connect/setup fee minimum of $14.95.

If you are paying by a credit card, it will be billed as MCISP.net, josiejobsearch.com, or Paypal.

If payment is by check or check draft, payment due dates are indicated on CLIENT's invoice. Check drafts will be automatically drafted each month on the day of service establishment. Dishonored checks or drafts are subject to a collection fee to be determined by US in OUR sole and absolute discretion and CLIENT's account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated and a setup fee of $14.95 will be added to charges for additional Service.

WE maintain the right to disable or terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve CLIENT from the obligation to satisfy outstanding invoices. In the event WE utilize an attorney or collection agency to collect any unpaid amounts, CLIENT shall be responsible for the payment of all of OUR attorney, court, and collection fees and costs in the collection of these sums. ALL ACCOUNTS CONSIDERED IN COLLECTION STATUS WILL BE REPORTED TO ALL MAJOR CREDIT REPORTING AGENCIES.

ALL OUTSTANDING ACCOUNTS THAT HAVE NOT FORMALLY REQUESTED CANCELLATION IN WRITING WITH RECEIPT OF CANCELLATION CONFIRMATION WILL BE CONSIDERED OPEN WITH PAYMENT DUE ACCORDINGLY REGARDLESS OF ACCOUNT ACTIVITY LEVEL BY THE CLIENT.

WE reserve the right to change prices at any time without prior notice to our customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Credit Card/Check Debit Card Disputes

WE will make every effort to correct any discrepancies in errors that may occur in the billing system. However, all proper payments for services ordered will be bound as stated in Terms of Payment above and Right to Cancel below.

In the event that a CLIENT formally disputes the charges made by US to their credit card provider and these payments have been originally received according to these Terms of Service, CLIENT WILL CONTINUE TO BE LIABLE FOR ALL PAYMENTS AND COLLECTIONS THEREFORE REGARDLESS OF JUDGEMENTS MADE BY CREDIT CARD ISSUING COMPANIES. ALL BALANCES OF PAYMENTS DUE WILL BE FORWARDED TO A COLLECTION BUREAU. (See above Terms of Payment)

Test/Trial Period

WE grant account requesting CLIENTs a period of 24 hours from the time that the account confirmation is sent in order for you to evaluate our services and ensure that you are receiving adequate connection/transfer rates from your location. You have the right to cancel your account at any time within the first 24 hours and you will receive no charges. Cancellations after the first 24 hours will still be charged for that month. This applies to all dial-up access accounts with the exception of a request for a Static IP address. Once the request is submitted for a Static IP account, or a non-dial-up account, you are bound to the setup fees and charges for that account for the period set forth in the contract.

Right to Cancel

WE reserve the right to cancel Service for any reason without prior notice. Prepaid month-to-month service is non-refundable. Prepaid service for discount plans is non-refundable in the event that you are involuntarily canceled. WE will not refund any shipping or handling fees. Cancellations after the calendar date that your payment is received will be charged for that month without recompense.

CLIENT must notify US via telephone or in writing to cancel Service. CLIENT will receive a cancellation confirmation upon termination. Cancellations submitted to US via electronic mail shall only be honored if the CLIENT includes their CLIENT name, and password. Fees for any setup, shipping and handling, and monthly service charges placed by US are non-refundable. CLIENT MUST request cancellation prior to the calendar billing date on the account to avoid charges being processed for the next month of service. If a charge has already been processed, there will be NO REFUNDS of any monetary value. In the event that a dispute should arise and with the CLIENT stating that the account had already received request for cancellation, CLIENT must submit proper cancellation confirmation documentation for reimbursement for said time period.

Cancellation of an account may be requested so as to end at the close of the current billing period. This will be honored at the CLIENT'S REQUEST ONLY. If a cancellation request is received without specification of cancellation date, the account will be considered terminated immediately without compensation for unused service.

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 CLIENT. WE reserve the right to monitor any CLIENT's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of OURS.

Non-transferable

The right to use the Service is not transferable. Accounts are for CLIENT's use only. CLIENT shall be responsible for the confidentiality of CLIENT's password. Loaning CLIENT's account to others, connecting a system used by multiple persons, group use of CLIENT log-ins, and consuming more than one modem line are explicitly prohibited. If CLIENT has multiple accounts, then CLIENT shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If CLIENT wishes to make purchases on the Service, CLIENT may be asked by the merchant or information or service provider from whom CLIENT is making the purchase to supply certain information, including credit card or other payment mechanism information. CLIENT agrees that all information CLIENT may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. CLIENT agrees to pay all charges incurred by CLIENTs of CLIENT's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. CLIENT shall also be responsible for paying any applicable taxes or fines relating to purchases on the Service.

No System Backup

WE do not, and will not, perform system backups on any CLIENT'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 do not, and will not, perform system backups on any CLIENT's personal web site account(s) or personal co-located server(s) except for the backup services that are purchased. WE shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein.

Failure to Comply With Terms and Conditions

WE may deny CLIENT access to all or part of the Service without notice if CLIENT 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 CLIENT access to the Service because of such a violation, CLIENT shall have no rights (1) to access through US any materials stored on the Internet, (2) to obtain any payment(s) otherwise due to CLIENT, and such payment(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

CLIENT agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). CLIENT also agrees to not remain connected to OUR system for periods exceeding (8) eight hours, in any single continuous session. CLIENT authorizes US to enforce these restrictions by appropriate software and network measures, automated and manual.

CLIENT agrees to notify US if CLIENT moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms CLIENT supplies to US.

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 such modification at http://josiejobsearch.com/terms/tos.html and CLIENT's continued use of the Service following such modification shall be deemed to be CLIENT's acceptance of any such modification. It is CLIENT's responsibility to check this online area regularly to determine whether this Agreement has been modified. If CLIENT does not agree to any modification of this Agreement, CLIENT must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action CLIENT 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 the reasonable control of US.

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 CLIENT to enforce any of the terms of this Agreement, WE shall be entitled to recover expenses, including reasonable attorney, court, and collection fees.

This Agreement constitutes the entire agreement between CLIENT and US with respect to the Service.