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BY CLICKING ON THE START BUTTON OR BY USING ANY OF
THE TELEASY SERVICES (INCLUDING, WITHOUT LIMITATION, THE TELEASY
FREE OR PAY INTERNET ACCESS SERVICES, SOFTWARE OR SERVICES DISTRIBUTED
OR MADE AVAILABLE BY TELEASY, EMAIL SERVICES AND ANY SERVICES
PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY TELEASY OR
ON ANY TELEASY PUBLIC ACCESS INTERNET TERMINALS OR KIOSKS OR TELSTATIONS
(COLLECTIVELY, THE TELEASY SERVICE OR SERVICES)),
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE
USE GUIDELINES FOR THE TELEASY SERVICE, THE TELEASY SOFTWARE LICENSE
AGREEMENT AND THE TELEASY PRIVACY STATEMENT WHICH ARE REFERRED
TO COLLECTIVELY AS THE RULES.
IF YOU DO NOT AGREE TO BE BOUND BY THE RULES,
YOU SHOULD DISCONTINUE AND CLICK ON THE "EXIT" BUTTON,
OR DISCONTINUE THE USE OF, THE TELEASY SERVICES. YOUR CREDIT CARD
WILL NOT BE CHARGED AND THE CASH DEPOSITED IN THE TERMINAL WILL
BE RETURNED ON CLICKING THE EXIT BUTTON NOW. Clicking
the START button constitutes your consent to abide by the Rules
given below, and the authorization to charge your credit card
for the amount calculated through the applicable rate stated on
the TELEASY terminal.
Please review the Rules at the TELEASY Site
prior to accessing the TELEASY Services since the Rules may have
changed since the date of production of this software. TELEASY
may change the Rules and the scope of the TELEASY Services, in
whole or in part, at any time. Posting of the updated Rules at
the TELEASY Site will constitute notice to you of any such changes,
although TELEASY may choose other types of notice for certain
changes. Changes will be effective upon notice, although TELEASY
will use reasonable efforts to provide you with thirty days advance
notice of material changes that adversely impact you. Your continued
use of the TELEASY Services following notice constitutes your
acceptance of all changes, and each use of the TELEASY Services
constitutes your reaffirmation of your acceptance of the Rules.
If you do not agree to changes to the Rules or the scope of the
TELEASY Services, your sole and exclusive remedy will be to terminate
your use of TELEASY Services, although if you have a prepaid account
you will not have the right to terminate your use of the TELEASY
Services unless the change is material and adverse to you.
1.0 General
The Rules are your entire agreement with
TELEASY and govern your use of the TELEASY Services. TELEASY reserves
the right to prohibit any conduct or to remove any materials or
content in violation of the Rules or which TELEASY believes in
its sole discretion to be illegal or potentially harmful to others
or may expose TELEASY to harm or liability. TELEASY may suspend
or terminate your use of TELEASY Services for any reason at any
time, including if it determines that you have failed to comply
with any of the Rules. TELEASY reserves the right to take or terminate
the use of any user name or email address provided by TELeasy
at any time without notice.
TELEASY Services. TELEASY
offers a variety of services, including Internet access services.
TELEASY retains the right at its discretion to make changes to
the TELEASY Services, including its fees and billing methods and
the amount of time a user may access the Internet for free or
for a specified fee, or to discontinue some or all of the TELEASY
Services. TELEASY retains the right to change, suspend or terminate
your use of the TELEASY Service at any time for any reason, without
notice, and nothing herein shall be construed to limit that right.
If you have elected a prepaid, service agreement with TELEASY,
you may have rights to a refund as outlined in the Rules.
Collection and Use of Personal Information.
TELEASY will collect, store, compile and
utilize information about you, your computer, your phone number
and your use of the TELEASY Services including, without limitation,
information regarding the Web sites you visit and information
that you provide in response to TELEASY questionnaires, surveys
and registration forms. TELEASY may provide this information to
third parties including advertisers, clients, marketing organizations
and others. However, TELEASY will not disclose your name, address,
telephone number, credit card number(s), e-mail addresses or other
personal identifying information to third parties other than those
acting on behalf of TELEASY, unless you give TELEASY consent to
do so or except as may be required by law. Please refer to the
Privacy Statement for the TELEASY privacy policies and information
practices.
2.0 Your Obligations
Completion of TELEASY Questionnaires,
Surveys and Registration Forms. In
exchange for TELEASY providing the TELEASY Services, you agree
to provide TELEASY with accurate and complete information it may
request, from time to time, through questionnaires, surveys and
registration forms.
Charges and Billing. By
using the TELEASY Services, you agree to accept the fees you may
incur as a result of using TELEASY Services, including but not
limited to, fees for supplemental services or features and purchases
made through the use of TELEASY Services. You will be notified
of any applicable fees prior to incurring liability for such fees
and, by providing your billing information; you agree that you
are liable for payment of such fees. TELEASY reserves the right
to change its fees or billing methods at any time and TELEASY
will provide thirty days notice of any such changes in the same
manner as described above for changes in the Rules and/or scope
of TELEASY Services. If you do not like these changes, you may
stop using the TELEASY Services at any time; however, you will
not be entitled to receive a refund for the charges you have already
incurred and you are responsible for timely payment of such amounts
(including any applicable late fees). In the event you have prepaid
for an extended period of time and we either terminate your TELEASY
Service or we make a material change to the TELEASY Service that
adversely impacts you and elect to terminate the TELEASY Service,
as your sole and exclusive remedy you will be entitled to a refund
for amounts prepaid to cover future periods from the date of termination.
The amount prepaid will be based on the cost over the service
period. If you pay for our services on a prepaid basis, you will
not be entitled to a refund if you elect to terminate your account,
although TELEASY will provide you with a pro rata refund for the
remainder of the time you have prepaid if TELEASY terminates your
account.
For most services for which there is a fee,
TELEASY will charge your designated credit card each time you
enter your credit card number or insert or swipe your credit card
at a TELEASY TERMINAL, KIOSK or TELSTATION to pay for the service,
unless you have authorized recurring payments to be charged to
your credit card, for which you may be required to only enter
the account number or code number allotted
to you for such purposes, You are responsible for all charges
that accrue with the account number or code number allotted to
you. If you select a recurring payment or automatic billing option
for any of the TELEASY fees, you hereby authorize TELEASY to charge
the credit card number you provided to TELEASY for such fees on
a recurring or automatic basis. You acknowledge and agree that
TELEASY will not obtain any additional authorization from you
for this recurring payment. Every time you use TELEASY Services,
you re-affirm that TELEASY is authorized to charge your credit
card. If you have any billing-related questions or want to stop
a recurring payment from being charged to your credit card account,
call our toll-free billing support number (1-866-267-2058). Some
fees that you may incur using the TELEASY Services may accumulate
on your TELEASY account before they are charged to your credit
card. Once the charges appear on your credit card, you are responsible
for payment of such charges. TELEASY will assess a late fee of
1.5% per month (or the highest amount permissible by law, whichever
is less) if your payment is more than 30 days past due. You will
be liable for any fees TELEASY incurs in its efforts to collect
any unpaid balances from you. Any billing problems or discrepancies
must be brought to TELEASYs attention, by you, within 90
days from the date you are billed. If you do not bring them to
TELEASYs attention within 90 days, you agree that you waive
your right to dispute such problems or discrepancies with TELEASY.
TELEASY may suspend or terminate your use of the TELEASY Services
if you fail to provide a valid credit card number upon request
or if TELEASY is unable for any reason to bill your credit card
for the fees you have incurred.
You are responsible for all charges incurred,
including applicable taxes and purchases made by you or anyone
you allow to use your account, including but not limited to your
children and other members of your family. This means that, unless
your account or credit card information is obtained unlawfully
or fraudulently by someone other that those authorized to use
your account, you will be responsible for all usage and purchases
under your account.
You may obtain pricing information for supplemental
services or features, as well as answers to common billing questions
by going to the TELEASY Site.
Minors. If
you are less than 18 years old but older than 12 years old, you
should obtain your parents permission to use the TELEASY
Services. You may not obtain an account for TELEASYs pay
services unless you are at least 18 years old, and you represent
that you are at least 18 years old by clicking on the START
button to use such services. If you are less than 13 years old,
you are not allowed to use the TELEASY Service without providing
TELEASY with your parents consent in writing submitted to
TELEASY. Parents may read further information and obtain the Parental
Consent Form by going to our Privacy Statement section entitled
Notice to Parents About Children Under Age 13. If
you are a parent permitting a minor to use TELEASY Services, you
agree to (i) exercise supervision over the minors use of
TELEASY Services and access to the Internet, (ii) assume all risks
associated with the minors viewing of content received through
use of TELEASY Services and the minors transmission of materials,
content, or information to another person via the Internet, (iii)
assume any and all liabilities resulting from the minors
use of TELEASY Services, including any and all payment obligations,
and (iv) ensure to the fullest extent possible the accuracy and
truthfulness of all information submitted by the minor in response
to TELEASY questionnaires, surveys and Registration Forms. TELEASY
provides information on the TELEASY Site regarding parental control
software available through third party vendors, but you should
know that such software is not completely effective in preventing
minors access to material that is unsuitable for children.
TELEASY does not endorse any of these third parties and makes
no representation as to them or their software.
Registration Information. When
using TELeasy services for commercial transactions or to purchase
goods or services, you must register for TELEASY Services using
your own name. During registration, you will be asked to provide
the name or number you wish to use as your login identification.
If the login identification you request is not available you will
be asked to supply another login identification. TELEASY reserves
the right to verify the accuracy of the information you submit
in connection with your online purchases for TELEASY Services
(including, without limitation, performing cross tabulations with
external databases) and you hereby consent to TELEASYs verification
of such information.
Accessing TELEASY Services. You
are responsible to access the TELEASY Services and for ensuring
such equipment and services are compatible with TELEASYs
requirements.
Use of your TELEASY Account. You
are responsible for all use of your TELEASY Services and for the
security of your prepaid account numbers, access codes, your passwords
and any security lock code that you use to protect access to your
data, TELEASY personal profile, your file name(s) and files, network
and user access, and any information you disseminate through use
of TELEASY Services or through other Internet services. You may
not transfer or permit any other person to use your prepaid TELEASY
account.
Transmission and Receipt of Content.
TELEASY exercises no control over the content of information passing
through its network or equipment. Disputes may arise between you
and others or between you and TELEASY related to such content
or commerce. Such disputes could involve, among other things,
the use or misuse of domain names; the infringement of copyrights,
trademarks or other rights in intellectual property; defamation;
fraud; the use or misuse of information; and problems with online
auction or commercial transactions. You agree that all claims,
disputes or wrongdoing which result from, or which are related
in any way to, the content of information that you transmit, re-transmit
or receive through TELEASYs network or equipment are your
sole and exclusive responsibility.
Email. You
may not incorporate a third partys trademark within your
TELEASY email address without permission of the trademark owner.
Email messages may not exceed 3 megabytes and TELEASY shall have
no obligation to transmit files exceeding 3 megabytes to or from
your account. Your mailbox account storage may not exceed 5 megabytes
and TELEASY shall have no obligation to allow your account to
exceed 5 megabytes. Once your mailbox account storage reaches
5 megabytes you will not receive any additional email messages
and TELEASY may, without notice, terminate your TELEASY email
service and delete any or all email stored in your mailbox account.
If your TELEASY Services or TELEASY email service is terminated
you will be unable to access any email messages in your TELEASY
email account.
TELEASY may,
from time to time, place a message and or a hypertext link geared
to promoting the benefits of TELEASY Services or a third party
sponsor in the footer location of outgoing email messages transmitted
from TELeasy Terminals. You agree to permit TELEASY to include
such messages or links in email messages you transmit and agree
not to alter, obscure or remove such messages or links.
Links to Third Party Sites. The
TELEASY Service contains links to other sites on the Internet
that are owned and operated by third parties. In some instances
these sites are co-branded and the third parties are entitled
to use TELEASYs name and logo on these sites. TELEASY does
not control the information, products, or services on these third
party sites. The inclusion of any link does not imply endorsement
by TELEASY of the site or any association with their operators.
Because TELEASY has no control over such sites and resources,
you agree that TELEASY is not responsible or liable for the availability
or the operation of such external sites, for any material located
on or available from any such sites, or for the protection of
your privacy data by third parties. Any dealings with or participation
in promotions of advertisers on our service, including the payment
and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings or promotions, are solely between you and the advertiser
or other third party. You further agree that TELEASY shall not
be responsible or liable, directly or indirectly, for any loss
or damage caused by the use of or reliance on any such material
available on or through any such site or any such dealings or
promotions.
Indemnification of TELEASY. YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD TELEASY AND ITS SPONSORS,
PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES
AND COURT COSTS) (COLLECTIVELY, CLAIMS) ARISING OUT
OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY
YOU OR ANY THIRD PARTY) OF TELEASY SERVICES THROUGH THE TELEASY
TERMINALS OR OTHERWISE. THE FOREGOING INDEMNIFICATION OBLIGATION
SHALL SURVIVE ANY TERMINATION OF TELEASY SERVICES PROVIDED TO
YOU.
3.0 Termination and Cancellation
Either you or TELEASY may terminate or
cancel your account at any time. Except as specified herein, you
will not be entitled to a refund for any prepaid amounts. Other
than to receive a return of refundable prepayments, cancellation
is your sole remedy with respect to any dispute with TELEASY.
This includes, but is not limited to, any dispute regarding the
TELEASY Services, the Rules and the enforcement or interpretation
of the Rules, TELEASYs policies and practices including
our privacy policy, your ability to access the TELEASY Services
and TELeasy Terminals the content available on the TELEASY Services,
TELeasy Terminals and any matters relating to billing. You can
cancel your prepaid TELEASY Services account by following the
instructions on the TELEASY Site.
4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT TELEASY SERVICES ARE
PROVIDED AS IS, AS AVAILABLE WITHOUT ANY WARRANTY
OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT
TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE TELEASY SERVICES
OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION
OBTAINED FROM OR AVAILABLE THROUGH USE OF TELEASY SERVICES OR
THAT TELEASY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TELEASY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER
PROGRAMS AND INFORMATIONAL CONTENT. TELEASY DOES NOT GUARANTEE
THAT USERS WILL BE ABLE TO ACCESS OR USE THE TELEASY SERVICES
AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TELEASY WILL
SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.
5.0 Limitation of TELEASY's Liability
YOU ACKNOWLEDGE THAT TELEASY SERVICES ARE
PROVIDED AS IS, AS AVAILABLE WITHOUT ANY WARRANTY
OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT
TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE TELEASY SERVICES
OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION
OBTAINED FROM OR AVAILABLE THROUGH USE OF TELEASY SERVICES OR
THAT TELEASY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TELEASY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER
PROGRAMS AND INFORMATIONAL CONTENT. TELEASY DOES NOT GUARANTEE
THAT USERS WILL BE ABLE TO ACCESS OR USE THE TELEASY SERVICES
AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TELEASY WILL
SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.
6.0 Policy to Terminate Use of Services
for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended
by Title II of the Digital Millennium Copyright Act, TELEASY will
terminate the account of any subscriber who uses his or her account
privileges to unlawfully transmit copyrighted material without
a license, or legal right to do so. After proper notification
by the copyright holder or its agent to TELEASY and later confirmation
through court order or an admission by the subscriber that an
account has been an instrument of unlawful infringement, TELEASY
will terminate the infringing subscribers account. TELEASY
may also in its sole discretion decide to terminate a subscribers
account privileges prior to that time if it has good faith belief
that infringement has occurred. In addition, pursuant to 17 U.S.C.
§ 512(c). TELEASY respects the intellectual property of others,
and we ask our subscribers to do the same.
If you believe that your copyright has been
infringed through the use of a TELEASY account, please contact
us by sending an email through our website.
7.0 Miscellaneous
Liability Limitation. TELEASY
shall not be liable for non-performance or delay in performance
caused by any reason, whether within or outside of its control.
Entire Agreement. These
Rules (as may be modified by updated Rules on the TELEASY Site)
together constitute the sole agreement between TELEASY and you
respecting the subject matter hereof and fully supersede any and
all other agreements, either oral or in writing. You acknowledge
and agree that you have read the Rules and understand and accept
their terms.
Legal Actions. These
Rules will be governed by and construed in accordance with the
laws of the State of Delaware, excluding its conflict of laws
principles. The exclusive personal jurisdiction of and venue for
all disputes arising out of these Rules shall be the state and
federal courts located in Delaware, USA and you consent to such
exclusive jurisdiction and waive all objections to such jurisdiction
and venue.
Severability. If
any provision of these Rules is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to comply with applicable laws, and the remainder shall remain
in full force and effect.
No Waiver. Any
failure of TELEASY to enforce any provision of these Rules shall
not constitute a waiver of any rights under such provision or
any other provision of these Rules.
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