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Terms of Service

 

Internet Dialup Service

1. Application and acceptance.
Once GEO Internet has accepted you as a Subscriber, GEO Internet will furnish the Service to you in accordance with the terms of this Agreement, as amended from time to time. GEO Internet may accept or reject any Applicant in its sole discretion. You represent that all information that you provide during the application process is accurate and complete and that you will update such information with GEO Internet should it change. Only residents of the 48 contiguous United States are eligible for the Service. Corporations and other entities are not eligible to receive the Service without a separate written agreement with GEO Internet. Subscribers must be at least 18 years old.

2. Use of the Service.
You agree to use the Service only for your personal, family, household, and non-commercial purposes. The Service is intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web and may only be used for these purposes. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited unless you enter into a separate written agreement with GEO Internet. Internet access subscriptions may include one or more email accounts. Subscriber Names, Passwords and email addresses are GEO Internet’s property and GEO Internet may alter or replace them at any time. Commercial distribution or resale of the Service is prohibited.

Subscribers may not use the Service on a standby or inactive basis in order to maintain a connection. Continuous Internet access through the Service may be limited by idle timeout procedures. The use of any electronic or mechanical means to facilitate a continued connection, including but not limited to autodialer features, "pinging" software and automatic logins to mail servers, is prohibited. GEO Internet may limit the length of sessions to a reasonable period, as determined by GEO Internet, after which sessions may automatically be terminated.

Certain plans may offer GEO Internet Subscribers the ability to create personal web pages. Subscribers are required to use only the web design tools provided by GEO Internet and the maximum webspace available for use is 10MB. GEO Internet is not a web-hosting service.

3. Use of the Service by others.
You may not sell or transfer your right to use the Service to others, or share your Password with others; provided, however, that you may allow other Subscribers of your immediate household to use your Subscriber Name and Password to access the Service. In no event may your Subscriber Name and Password be used to access the Service from multiple computers in overlapping or concurrent sessions. You will be responsible for use of the Service by any person who uses a Subscriber Name and Password that you have supplied, whether or not you specifically authorize such person's use or actions. You will promptly notify GEO Internet if you become aware of unauthorized use of your Subscriber Name or Password.

4. Termination.
You may terminate your subscription for any reason by providing notice of intent to terminate to GEO Internet by:

·  calling 1-800-590-4764 during normal business hours

Email termination requests will not be accepted. Charges to your account will stop accruing the day GEO Internet confirms the termination of your subscription. Upon termination, you will be assigned a cancellation number. Please be sure to make a note of this number as it is your only proof of cancellation and will be used for reference in any and all subsequent correspondence regarding billing, refunds or the cancellation itself. Accounts are not considered closed unless a valid cancellation number has been issued. The effective date of termination will be the final day of your billing cycle. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation.

GEO Internet may terminate or suspend your subscription (i) without cause at any time for any reason upon 30 days notice, or (ii) with or without notice if you breach the terms of this or any other Agreement between you and GEO Internet or if you violate GEO Internet’s Acceptable Use Policy or any of the applicable user policies. If you terminate your subscription before the end of the fixed term or if GEO Internet terminates your subscription for violations of this Agreement, our Acceptable Use Policy or any of the applicable user policies, the amount you have paid for your subscription will not be refunded in whole or in part.

Other than to receive a return of refundable prepayments as described in sections 4 and 7, termination of your account is your sole and exclusive remedy with respect to any dispute with GEO Internet.

Sections 7, 14, 15, 16, 18, 22 and 24 of this Agreement shall survive termination of this Agreement.

5. Compliance with Laws, Agreements, etc.
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement, GEO Internet’s Acceptable Use Policy, or any of the applicable user policies that GEO Internet may adopt from time to time to govern use of the Service. You agree to abide by all applicable local, state, national and international laws and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through GEO Internet. GEO Internet has no obligation to monitor any Subscriber's use of the Service or to retain the content of any user session. You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise use of the Service by minors who use your Subscriber Name and Password to access the Service.

6. Special promotions.
From time to time, GEO Internet may offer special promotions for new Internet service subscriptions and other products. All such offers are limited time offers and cannot be combined. GEO Internet may terminate or modify such offers at any time without notice. Free software offers may require an Internet connection.

7. Fees.

Internet Access Monthly Subscriptions
If you have subscribed to the Service on a month-to-month basis, you agree to pay to GEO Internet a monthly service fee (the "Monthly Fee") in advance for each month or portion of a month in which you receive the Service, other than for any promotional or reward period during which GEO Internet has explicitly agreed to provide the Service to you free of charge. You authorize GEO Internet to charge your account immediately upon activation of your subscription. For billing purposes, the month will begin on the date you become a Subscriber, which may not be the first calendar day of the month. A service month will run from a numbered day in one month to the same numbered day in the following month. Subscribers who join on the 29th, 30th or 31st day of any month shall be billed on the last day of any month not containing 29, 30 or 31 days. GEO Internet will have the right to increase the Monthly Fee from time to time upon email notification to you at least one month before the effective date of the increase. If you do not cancel your subscription before the end of the notice period, you will be deemed to have agreed to such increase. GEO Internet may change its monthly billing cycle from time to time. If you have accepted a free offer for a specific number of days, you will incur GEO Internet’s standard monthly charges if you continue to use the Service after the free time period. If you terminate your use of the Service within the free time period, GEO Internet will not charge you. All fees and charges are stated and payable in U.S. Dollars.

Payment Obligations of a Subscriber

  • You authorize GEO Internet to charge the Monthly Fee, the Electronic Funds Transfer Fee (where applicable), and any other fees and charges payable under this Agreement to the credit card or direct debit account that you have supplied in connection with your subscription application. GEO Internet reserves the right to validate the payment method information provided at registration and account updates by attempting a $1 authorization to your credit card or a $0 prenote to your direct debit account. These procedures are not charges, only forms of authorization. Questions regarding charges to an account should be directed to 1-800-590-4764. 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.
  • You will promptly notify GEO Internet of changes to the account number, status, or expiration date of the credit card or direct debit account you have supplied, and of changes to your billing address. If GEO Internet is unable to process charges to the credit card or debit account you have supplied, or if the credit card is canceled or suspended, your subscription may be immediately suspended or terminated without notice. Any resulting fees, charges or expenses incurred by GEO Internet may be subsequently charged to your credit card or direct debit account. GEO Internet is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by GEO Internet.
  • If your subscription is terminated or suspended by GEO Internet based on your failure to pay applicable fees and charges or your failure to perform any of your other obligations under this Agreement (including your obligation to comply with GEO Internet’s Acceptable Use Policy and any of the applicable user policies), you may be required to pay reconnect charges in order to re-activate your subscription.
  • You acknowledge that no credit or refund will be provided if you are unable to use the Service due to circumstances beyond GEO Internet’s control, as determined by GEO Internet.
  • GEO Internet may charge for taxes and other applicable fees.
  • Except as expressly provided herein, any fees paid to GEO Internet in connection with the Service are nonrefundable.

8. Availability of Internet Access Numbers.
GEO Internet reserves the right to direct Subscribers to use certain numbers to access the Service or to restrict the use of specific access numbers. GEO Internet Internet access numbers may not be available in all areas on a local call, charge free or toll-free basis. GEO Internet may from time to time delete Internet access numbers in particular localities, without being obligated to provide replacement access numbers in the same locality. In the situation described in the preceding sentence, GEO Internet will not be obligated to refund any amount to Subscribers who have pre-paid for services, including Subscribers who have purchased GEO Internet Computer and Internet Access Bundles.

9. Telephone charges and computer equipment.
You are responsible for obtaining the telephone equipment and telephone services necessary to call GEO Internet’s Internet access numbers, and for paying any related telephone company charges, including long distance, time-based charges, and telephone line installation charges. You are solely responsible for determining whether calling a particular GEO Internet access number will result in additional charges. GEO Internet will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to long distance or other telephone company charges. You should contact your telephone company to determine whether calling a particular access number will result in additional charges. Calling an access number may result in additional telephone company charges even if the access number was presented by GEO Internet as an appropriate access number for your area.

In order to use the Service, you must use a computer system (including personal computer, software and modem) that meets GEO Internet’s minimum system requirements. Information about those requirements is available online at www.geopcs.com

10. Use of the Service consistent with Acceptable Use Policy.
You agree that your use of the Service will be consistent with GEO Internet’s Acceptable Use Policy and any of the applicable user policies that are posted on the GEO Internet web site from time to time. Violation of GEO Internet’s policies is cause for immediate termination or suspension of your subscription.

11. Restrictions on use of the Service.
You agree not to copy, download, upload, publish, or distribute any emails, programming code, information, data, or other materials ("Content"), or otherwise use the Service or constituent services (such as email, web site hosting, or data storage services) in any manner that in GEO Internet’s sole discretion:

1. infringes any third party's intellectual property rights or other proprietary or publicity/privacy rights;
2. violates any applicable law or regulation;
3. violates GEO Internet’s Acceptable Use Policy;
4. is defamatory, obscene, contains child pornography, or is harmful to minors; or
5. intentionally propagates any viruses, Trojan horses, worms, time bombs, cancel bots or other software that damages, interferes with, intercepts, or expropriates any system, data, or personal information.

GEO Internet and/or its suppliers may with or without notice take any action, including suspension or termination of service or filtering, blocking, or removal of Content, that it or they deem appropriate to address circumstances comprising a breach of the above promises.

12. Operation of the Service.
GEO Internet may from time to time in its sole discretion establish, modify, or discontinue operating policies and procedures governing operation of the Service. GEO Internet may, among other things:

1. prevent bulk email from entering or leaving any email account maintained through the Service;
2. delete email if it has not been accessed by you within a time set by GEO Internet from time to time;
3. not process or store email due to space limitations set by GEO Internet from time to time;
4. make available to third parties information relating to the Service and Subscribers, subject to GEO Internet’s Privacy Policy;
5. establish idle timeout and session length procedures that will cause an automatic log off of an Internet session after a period of time set by GEO Internet; and
6. change or discontinue any functionality or feature of the Service.

GEO Internet will not be responsible or liable for loss, deletion or failure to store or accept emails or other information. The use of any software that circumvents or impedes GEO Internet’s automatic timeout procedures is prohibited.

13. Content you post.
When you post or upload content (including feedback and suggestions) ("Posted Content") in a context that indicates that the Posted Content will be accessible to the public, you grant GEO Internet the worldwide, royalty free, and non-exclusive license, without payment of compensation, to publish, copy, distribute, transmit, publicly display and perform, reproduce, edit, translate, and reformat the Posted Content through the Internet and to publish your name (if posted by you) in connection with the Posted Content. GEO Internet is under no obligation to post or use any Posted Content, and GEO Internet may remove any Posted Content at any time, in GEO Internet’s sole discretion. You acknowledge that neither GEO Internet nor its suppliers have any obligation to monitor Content that you publish, upload, or distribute through the Service. However, GEO Internet and its suppliers reserve the right to review any such Content and to remove any Content that it or they deem inappropriate. You acknowledge that GEO Internet does not provide backup of your data, including Content. By posting or uploading Posted Content, you warrant and represent that you own or otherwise control rights to the Posted Content sufficient to grant the permission granted above. GEO Internet welcomes your feedback and suggestions regarding the Service, but GEO Internet will not be obligated to pay any compensation for such feedback and suggestions, nor will GEO Internet be restricted in any manner from using or acting on such feedback and suggestions.

14. Disclaimer of warranties.
YOU USE THE SERVICE AND THE INTERNET AT YOUR OWN RISK. GEO INTERNET AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICE OR OF ANY INFORMATION, SOFTWARE, OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE. GEO INTERNET AND ITS SUPPLIERS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR SPYWARE OR OTHER HARMFUL COMPONENTS, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS THE SERVICE AT ANY PARTICULAR TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SERVICE, THE GEO INTERNET SOFTWARE SUPPORTING THE SERVICE, AND ALL INFORMATION, SOFTWARE, AND PRODUCTS OBTAINED OR ACCESSED THROUGH USE OF THE SERVICE ARE PROVIDED "AS IS," ON AN "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GEO INTERNET AND ITS SUPPLIERS WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR DAMAGE TO YOUR COMPUTER SYSTEM FROM VIRUSES OR OTHER HARMFUL PROGRAMMING ROUTINES TRANSMITTED THROUGH USE OF THE SERVICE, NOR FOR BREACHES OF THE SECURITY OF YOUR COMPUTER SYSTEM ACCOMPLISHED BY THIRD PARTIES THROUGH USE OF THE SERVICE. NEITHER GEO INTERNET NOR ITS SUPPLIERS WILL BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF SUCH THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION GIVEN BY GEO INTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

15. Limitation of liability.
GEO INTERNET AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST OR UNDELIVERED EMAILS, CONTENT, AND OTHER DATA, OR LOST PROFITS OR ECONOMIC OR OTHER ADVANTAGE RESULTING FROM YOUR INABILITY TO USE THE SERVICE) ARISING OUT OF A BREACH OF THIS AGREEMENT OR ANY ACTION OR FAILURE TO ACT RELATED TO THE SERVICE, EVEN IF GEO INTERNET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GEO INTERNET, GEO INTERNET 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. GEO INTERNET 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 TOTAL AGGREGATE LIABILITY OF GEO INTERNET AND ITS SUPPLIERS FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE CUMULATIVE AMOUNT OF FEES PAID BY YOU TO GEO INTERNET. THE FOREGOING LIMITATIONS APPLY TO ANY CLAIM YOU MAY ASSERT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. Information.
You acknowledge that GEO Internet may be required to disclose information regarding you and the use of your subscription (including data and email) to the government or regulatory agencies or to third parties if legally compelled to do so. You authorize GEO Internet to disclose any information about you to private entities, law enforcement or other government officials as GEO Internet, in its sole discretion, believes necessary or appropriate to investigate or resolve potential violations of this Agreement or any of the applicable user policies. You acknowledge that Internet communications and servers may not be secure, and that information transmitted on such connections and servers may be subject to interception, disclosure or loss.

17. Shopping through GEO Internet.
We may from time to time send you emails about offers that we think will interest you. GEO Internet sometimes arranges for merchants to offer to Subscribers unique deals, special values and enhanced services. Please keep in mind, however, that when you purchase a product from a third party merchant, you are buying directly from that merchant and not from GEO Internet. GEO Internet is not responsible for the actions or omissions of a merchant, any advertising claims made by the merchant, or any damage or harm that may result from your use of products purchased from the merchant. All aspects of your purchase, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, service, and delivery, are solely between you and the merchant. Your rights and remedies with respect to a particular purchase will be solely against the merchant, and any questions, complaints, and claims related to a product should be directed to that merchant. You may have the option to purchase products through the GEO Internet web site by transmitting credit card information over the Internet. GEO Internet uses encryption technology to protect the credit card information you provide. However, GEO Internet cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access encrypted information. If you have any concerns about sending credit card information over the Internet, please use an alternative means of payment. By sending any sensitive information, such as credit card information, over the Internet while you are shopping with the Service, you agree that GEO Internet will not have any liability if the encryption technology fails to protect your information.

18. Software.
To access the Internet through GEO Internet’s network, you are required to use GEO Internet’s proprietary dialer software and other network management software that GEO Internet delivers to you from time to time ("Software"). GEO Internet may automatically check the version of the GEO Internet software you are using and may automatically download modifications and upgrades to such software. You consent to the downloading and use of such software and updates, as a condition of receiving the Service.

Software is the copyrighted work of GEO Internet and/or its suppliers. Your use of the software is governed by the terms of the end user license Agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement.

For any Software not accompanied by a License Agreement, GEO Internet grants to each Subscriber a limited, nonexclusive, nontransferable and nonassignable license to install and use the GEO Internet software (including software from third party vendors that GEO Internet distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Service. You agree to use the Licensed Programs solely in conjunction with the Service for your non-commercial purposes in accordance with this Online Service Agreement and for no other purpose. GEO Internet may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Subscriber.

The Licensed Programs constitute confidential and proprietary information of GEO Internet and GEO Internet’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain with GEO Internet and GEO Internet’s licensors. No person shall translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.

GEO Internet reserves the right, in its sole discretion, to modify or discontinue Software it provided to you and to limit, terminate or suspend your use of that Software. While GEO Internet’s proprietary software is designed to work with a wide range of Windows-based computers, GEO Internet does not warrant that it will work with every computer configuration.

19. Technical support.
GEO Internet will offer technical support related to the provision of Internet access during the term of your Internet Access subscription. Prior to seeking our technical support, you have the sole responsibility for adequate backup of data and protection of your software and equipment used directly or indirectly in connection with any technical support or information provided by GEO Internet. GEO Internet will use all reasonable efforts to resolve basic technical problems of its Subscribers, however, GEO Internet’s live or online technical support does not assure that every request for technical support will be resolved to the Subscriber's satisfaction. Our responses are merely technical advice and suggestions and may not resolve some hardware or software errors or problems that may not be correctable or extremely difficult to resolve.

20. Privacy Policy.
To find out what GEO Internet does to protect your personal information, please read our Privacy Policy at www.geopcs.com/

21. Links.
The dialer page, welcome page, and other online properties displayed through the Service may display links to web sites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a web site not controlled by GEO Internet. Third Party Sites may contain material or information that some people might find inappropriate or offensive. GEO Internet is not responsible for the content or operation of Third Party Sites reached by virtue of such links, and the presence of such links does not imply that GEO Internet endorses or is affiliated with such Third Party Sites or third parties. Therefore, please exercise your own independent judgment in deciding what web sites to visit.

22. Security.
No computer system or network is totally secure from intrusion. GEO Internet will take reasonable measures to protect the security of its systems and your data, but GEO Internet does not guarantee the security of any account or Subscriber data and will not be liable for unauthorized breaches of such security. Please note that unencrypted email is not a secure means of communications.

23. General.
If any provision of this Agreement is held to be unenforceable under applicable law in any respect, such provision shall be excluded from this Agreement and the balance of this Agreement shall be enforceable in accordance with its terms. This Agreement represents the complete agreement between GEO Internet and you with respect to the subject matter hereof, and supersedes any other written or oral agreements.


Effective Date: November, 2005