Web Access Network, Inc. End User Terms of Service.


Web Access Network, Inc. agrees to provide you ("User") with those Services ("Service") set forth on www.webaccessnetwork.com and affiliated sites subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST CANCEL.



WARRANTY DISCLAIMER

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

Web Access Network, Inc. exercises no control whatsoever over the content of the information passing through Web Access Network's system. Use of any information obtained via Web Access Network, Inc. is at User's risk. Neither Web Access network, Inc. nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Web Access Network, Inc. make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT

NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY WEB ACCESS NETWORK, INC. ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WEB ACCESS NETWORK, INC. NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.




LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WEB ACCESS NETWORK, INC. ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER"S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER"S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER"S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTIONUNDER NO CIRCUMSTANCES SHALL WEB ACCESS NETWORK, INC. ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL OCCURANCES.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Web Access Network, Inc. in operating the Service, User"s sole and exclusive remedy is to cancel per the terms outlined elsewhere in this Agreement.




INDEMNIFICATION

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Web Access Network, Inc. its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney"s fees and cost of litigation) incurred or suffered by Web Access Network, Inc. its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User"s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Web Access Network, Inc. in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Web Access Network, Inc. shall confer as to and agree on the legal counsel(s) to be selected in any such defense.




AGE LIMIT

User represents to Web Access Network, Inc. that he or she is 18 years of age or older. User understands that certain materials available while using the 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. Web Access Network, Inc. has no control over and accepts no responsibility whatsoever for such materials.




PROHIBITED USES

User may not:
Send unsolicited E-mail, (known as "Spam") to anyone residing on our servers or through our servers, or when dialed into the network. Use of System for Spam or other prohibited uses will result in immediate termination of any and all Web Access Network, Inc. accounts registered to the User in violation without notice.

The following types of E-mail sent constitute as Spam:

  • Forged E-mails To/From address other than from the actual sender or to the actual recipient.
  • Message subject not related to the E-mail body.
  • E-mail not requested by the recipient.
  • E-mails sent in bulk by sender.
  • Mail bombs.


Restrict or inhibit any other User 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 or transmit any sexually explicit materials or materials that may be offensive as determined by Web Access Network, Inc.;

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 right holder;

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 Users (See section titled "MESSAGING");

Allow Use:PersonName w:st="on">rs to run Maillist, Listserv or any form of auto-responds from User"s account;

Run or activate processes while User 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;

Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User"s connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

Violate any of the rules, regulations and policies of those networks and computer systems accessed via User"s account.

WEB ACCESS NETWORK, INC. HAS NO OBLIGATION TO MONITOR THE SERVICE. HOWEVER, USER AGREES THAT WEB ACCESS NETWORK, INC. HAS 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 GOVERNMENTAL REQUEST, TO OPERATE THE SERVICE PROPERLY, OR TO PROTECT ITSELF OR ITS SUBSCRIBERS. WEB ACCESS NETWORK, INC. WILL NOT INTENTIONALLY MONITOR OR DISCLOSE ANY PRIVATE E-MAIL MESSAGE UNLESS REQUIRED BY LAW. WEB ACCESS NETWORK, INC. RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT, IN ITS SOLE AND ABSOLUTE DISCRETION, ARE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THIS AGREEMENT. WEB ACCESS NETWORK, INC. RESERVES THE RIGHT TO SUSPEND ACCESS TO THE SERVICE FOR USER"S ACCOUNT. THE ACCOUNT"S SUSPENSION MAY BE RESCINDED WITHIN THE SOLE AND ABSOLUTE DISCRETION OF WEB ACCESS NETWORK, INC. FOLLOWING PAYMENT OF A RECONNECTION CHARGE, TO BE DETERMINED BY WEB ACCESS NETWORK, INC. IN ITS SOLE AND ABSOLUTE DISCRETION.




UNAUTHORIZED USE OF RELAY SERVERS

User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.




FRAUDULENT ADDRESSING

User agrees that the purposeful distribution of any E-mail message where the return address, originator"s address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any E-mail messages sent while using the Web Access Network, Inc. Service.




FRAUDULENT CONTENT / ACCEPTABLE USE

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

USER AGREES TO THE IMMEDIATE TERMINATION OF WEB ACCESS NETWORK, INC. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Any violations of illegal or criminal nature will be prosecuted to the fullest extent of the law.




RESTRICTED CONTENT

You agree not to post or transmit 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.




LIMITATION OF DIAL-UP SERVICES

The sole purpose of these limitations are intended to limit the amount of unnecessary use of Web Access Network, Inc. Services by any such User, which restricts overall Web Access Network, Inc. system availability for other such Users. These limitations apply only to Dial-Up access Services offered by Web Access Network, Inc.




IDLE TIMEOUT

User agrees to have their online session automatically terminated after fifteen (15) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User"s modem and the Web Access Network, Inc. Service.




MULTIPLE, CONCURRENT ONLINE SESSIONS

User agrees to maintain no more than one (1) concurrent online session for each Dial-Up account purchased.




TERMS OF PAYMENT

A User who provides payment by credit card or debit card agrees to allow Web Access Network, Inc. to bill his or her card on each successive billing date. A credit card User shall notify Web Access Network, Inc. of any changes in credit card number or expiration date. If the card is not honored for any reason, and if alternative billing has not been established, the account will be terminated.

Web Access Network, Inc. will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit card limits, exceeding available bank account balances, or any other such reason.

If payment is by check, payment due dates are indicated on User"s invoice. Dishonored checks are subject to a collection fee to be determined by Web Access Network, Inc. in its sole and absolute discretion up to the amount allowable by law and User's account may be suspended until the account is current. If payment is not received, Service will be terminated.

Web Access Network, Inc. maintains the right to terminate Service for any unpaid subscriptions. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Web Access Network, Inc. utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Web Access Network’s attorneys" fees and costs in the collection of these sums.

Web Access Network, Inc. reserves the right to change prices at any time without prior notice to its Users or the public. Price changes will not be retroactive for existing Users, regardless of the length of their existing Service subscription.

All amounts due, referenced on the Web Access Network, Inc. web site, or quoted by representations of Web Access Network, Inc. and its affiliates are understood by User to be in United States Dollars (USD).




USER INFORMATION

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, Web Access Network, Inc. will not publish User"s name and other consumer information. Web Access Network, Inc. will not make such information available to third parties.




NON-TRANSFERABLE

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. User shall be liable for any violations to this Agreement that may occur during the use of User account.




PURCHASES AND TRANSACTIONS WHILE ON THE SERVICE

Web Access Network, Inc. is not responsible for the confidentiality of information that User may provide to merchants and information or Service providers while connected to the Service. Negligence or other issues related to purchases, agreements, or other transactions performed while User is connected to the Service are the sole responsibility of User and merchants and information or Service providers. Web Access Network, Inc. assumes no responsibility or liability in such transactions.




FAILURE TO COMPLY WITH TERMS AND CONDITIONS

Web Access Network, Inc. may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Web Access Network, Inc. in its sole discretion believes violates any of the terms and conditions in this Agreement. If Web Access Network, Inc. denies User access to the Service because of such a violation, User shall not have the right (1) to access through Web Access Network, Inc. any materials stored on the Internet, (2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited, (3) to access third party Services, merchandise or information on the Internet through Web Access Network, Inc., and Web Access Network, Inc. shall have no responsibility to notify any third-party providers of Services, merchandise or information or any responsibility for any consequences resulting from lack of notification.




MISCELLANEOUS

All introductory promotional offers are intended for new customers only.

User agrees to notify Web Access Network, Inc. if User 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 User supplies to Web Access Network, Inc.

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.

Web Access Network’s 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.

Web Access Network, Inc. may modify this Agreement from time to time. 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 cancel the Service per the terms outlined elsewhere in this agreement.

Web Access Network, Inc. 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 Web Access Network, Inc.

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 Web Access Network, Inc. as the defendant, shall be proper only in a venue determined by Web Access Network, Inc.

In any action between Web Access Network, Inc. and User to enforce any of the terms of this Agreement, Web Access Network, Inc. shall be entitled to recover expenses, including reasonable attorney"s fees.

This Agreement constitutes an agreement between User and Web Access Network, Inc. with respect to the Service.