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VTISP.COM TERMS OF SERVICE The Terms of Service in this Agreement ("Agreement", "User Agreement", "Terms of Service", or "TOS") are entered into by and between the subscriber ("Subscriber", "User", "Member", "Customer", "you", or "your") and Access the Net ("Access the Net", "Company", "us", "we", or "our"). You are deemed to have accepted this Agreement, and you agree to be bound by and to comply with this Agreement as if you had signed it, upon the earliest of: (a) your submission of an order either online, by telephone, or by U.S. mail; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the VTISP.com service ("VTISP.com" or the "Service", as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the Service.1. SERVICE. Access the Net, via the VTISP.com service, will provide you with limited dial-up access to the Internet subject to the pricing and fees described herein (the "Service"). In addition, the Service may include, for free or for additional fee, certain Optional Services, such as email, web acceleration, or other Internet services as offered from the VTISP.com website. VTISP.com Service is subject to the terms and conditions set forth herein. You acknowledge that the Service is provided on an "as is" and "as available" basis. You agree that you are responsible for obtaining and maintaining any equipment or service necessary to use the VTISP.com Service, including, but not limited to, modems, computer hardware and software, and local telephone service. You are responsible for ensuring that such equipment or service is compatible with VTISP.com's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through VTISP.com services or other Internet services, and for all use of your account with or without your knowledge or consent. 2. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Access the Net relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify Access the Net whenever your personal or billing information changes, including without limitation, your name, address, telephone number, email address, and credit card or debit card number with expiration date and corresponding billing address. 3. COMMUNICATION. Access the Net makes available to Subscribers various avenues of communication as defined herein. You agree that it is your responsibility to maintain and have available to you all applicable Access the Net contact information. Access the Net will initiate direct communication with Subscribers only when deemed necessary, at Access the Net's sole discretion, or as a courtesy to such Subscribers. You agree that Access the Net is not responsible for initiating direct communication for any reason, including but not limited to: (a) invoicing Subscriber; (b) warning Subscriber of impending usage limit overage; or (c) notifying Subscriber directly of any impending Service changes. You agree that a lack of any such communication does not absolve you of any responsibilities under the Terms of this Agreement. When contacting a Subscriber, Access the Net will determine at its sole discretion the most appropriate means of communication. (a) WEBSITE COMMUNICATION. The primary means of communication between Access the Net and Subscribers shall be via the VTISP.com website, located on the Internet at http://www.vtisp.com, and the various linked webpages contained therein. Examples of such linked webpages include, but are not limited to: (a) The VTISP.com Members Page (http://www.vtisp.com/start); (b) The VTISP.com Contact Page (http://www.vtisp.com/contact.shtml); and (c) The VTISP.com Announcements Page (http://www.vtisp.com/start/announcements.shtml). The website addresses of such linked webpages are subject to change without notice. You agree that it is your responsibility to become familiar with the VTISP.com website and associated links as described herein, and that you will visit the website no less than monthly in order to actively seek new information, links, or changes that may affect your Service. You agree that it is your responsibility to acquire the means of visiting the VTISP.com website in the event that you cannot visit the website via the VTISP.com Service. You understand and agree that the availability of the VTISP.com website is on an "as is" and "as available" basis, and that interruptions of such availability may occur. Furthermore, you agree that such interruptions do not absolve you of your responsibilities as defined herein. (b) EMAIL COMMUNICATION. Access the Net will make available to Subscribers various email addresses for contacting VTISP.com departments. Such email addresses are listed on the Contact Page of the VTISP.com website. Contact via email is on an "as is" and "as available" basis, and no specific availability is guaranteed. Access the Net does not guarantee any specific timeframe for a return email and does not assume any responsibility for any inability to contact Subscriber for any reason. Contact email addresses are subject to change without notice. Subscriber agrees to maintain, whether through VTISP.com or another service, a valid, active email account for receiving VTISP.com communications, and to assure that such communications are not blocked by filtering software or other means. (c) TELEPHONE COMMUNICATION. Access the Net will make available to Subscribers a contact telephone number for billing and general service inquiries, and a separate telephone number for technical support issues (such number will be made available on or before September 1, 2009). Such phone numbers are listed on the Contact Page of the VTISP.com website. Contact via telephone is on an "as is" and "as available" basis, and no specific availability is guaranteed. A call to any Access the Net phone number may result only in the ability to leave a message for an Access the Net Representative, and a return call may be necessary. In such cases, Access the Net does not guarantee any specific timeframe for the return call and does not assume any responsibility for any inability to contact Subscriber for any reason. Contact phone numbers are subject to change without notice. (d) OTHER COMMUNICATION. Access the Net will make available to Subscribers a postal mailing address for check payments or any other correspondence related to a Subscriber's Service. Access the Net's mailing address is subject to change without notice. 4. GENERAL PRICING AND FEES. VTISP.com prices are displayed on the VTISP.com Home Page at http://www.vtisp.com. However, all prices are subject at any time and without prior notice to increase to Access The Net's then current prices. Subscriber will be charged automatically on a recurring basis in accordance with the Plan and Options selected during the ordering process. Should you elect to change your Plan and Options at a later date, and if such change is approved in writing by Access the Net, you will be charged automatically on a recurring basis in accordance with the new Plan and Options selected at such time. In addition to regular fees set forth on the VTISP.com Home Page, you agree to pay all other charges, including but not limited to fees defined herein. Promotional packages, unless specifically stated otherwise, are available only to first-time Access the Net Subscribers. Any special pricing, if offered in writing by Access the Net, will: (a) consist of the Plan and Options, the pricing, and the duration specified in such offer; (b) revert to the standard pricing for said Plan and Options as published on the VTISP.com Home Page upon conclusion of the offer period; and (c) be subject to all other terms and conditions set forth herein. 5. PAYMENT, LATE FEES AND OTHER CHARGES. Subscriber understands and agrees that payment is to be received in advance of each service term ("Monthly Term" or "Prepaid Term", as defined herein). A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay in advance of each Monthly Term the monthly price(s) as listed on the VTISP.com Home Page corresponding to the Plan and Options selected. A Subscriber who selects a "Prepaid" Plan (a "Prepaid Subscriber") will pay in advance of the Prepaid Term the prepaid price(s) as listed on the VTISP.com Home Page (or, as otherwise offered in writing by Access the Net, as a special pricing offer) corresponding to the Plan and Options selected. Upon conclusion of the Prepaid Term, such Prepaid Subscriber will automatically revert to being a Monthly Subscriber at Access the Net's then current prices. Subscriber understands and agrees that Access the Net will automatically process Subscriber's credit card or debit card payments on Subscriber's behalf, without notice or additional consent, using any credit card or debit card number provided to Access the Net at any time by either Subscriber, other authorized account holder for such credit card or debit card, or any member of Subscriber's household. Such payments include a recurring monthly charge for each Monthly Term, a charge for each Prepaid Term, charges for Optional Services as requested by Subscriber, charges for Technical Support as defined herein, charges for applicable fees described herein, charges for past due balances, and any charges requested by Subscriber and approved by Access the Net. Subscriber authorizes any and all such charges. If payment is not received in advance of the Monthly Term, Access the Net may deny, discontinue or otherwise suspend the Subscriber’s Service until full payment is received. Subscriber will continue to accrue, and is responsible for paying, monthly subscription fees and all applicable fees and charges as described herein while Service is suspended for any reason. Access the Net reserves the right to charge a ten dollar ($10) reactivation fee to reinstate a suspended account. Upon Termination, any Subscriber entering into a new Agreement with Access the Net may be subject to a reactivation fee as described herein. Subscriber understands and agrees that billing errors may occur. You agree to notify Access the Net in writing if you suspect a billing error, and to allow Access the Net every reasonable opportunity to correct such an error, prior to contacting your bank, credit card company, or other entity. Subscribers are solely responsible for, and Access the Net will not provide adjustments or refunds for, any charges that are disputed by Subscriber beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge per incident on all returned checks including electronic checks or drafts, all disputed credit card or debit card payments, and all credit card or debit card chargebacks. All credit card or debit card payments that are declined for any reason are subject to a two dollar ($2.00) reprocessing fee. Subscriber agrees that Access the Net assumes no responsibility for, and is not liable for, any third party charges or fees imposed upon Subscriber as a result of Access the Net charges, including but not limited to Overdraft fees or Over Limit fees. 6. ANNIVERSARY DATE. Subscriber's monthly Anniversary Date ("Anniversary Date") is based on the day of acceptance as provided above and occurs at monthly intervals as defined herein. A Subscriber having a date of acceptance on the "nth" day of any month will have an Anniversary Date of the "nth" day of each subsequent month. For example, a Subscriber having a date of acceptance on the ninth (9th) day of any month will have an Anniversary Date of the ninth (9th) day of each subsequent month. If a Subscriber does not have a valid Anniversary Date during a particular month (for example, if the Subscriber's Anniversary Date is the thirtieth (30th) of each month, but the month is February, which does not have a 30th day), then the effective Anniversary Date for such month is deemed to be the last day of the month. An Anniversary Month ("Anniversary Month") is deemed to be the period beginning with an Anniversary Date and ending on the day immediately preceding the next monthly Anniversary Date. 7. TERM. This Agreement is effective upon Subscriber’s acceptance as provided above and shall continue until terminated by Subscriber or Access the Net pursuant to this Agreement. A Monthly Subscriber is on automatically renewing Monthly Terms, beginning on the date of Subscriber’s acceptance as provided above and automatically renewing on each monthly Anniversary Date until Termination ("Termination" or "Cancellation", as defined herein). A Prepaid Subscriber is on one (1) Prepaid Term, beginning with the nearest Anniversary Date subsequent to the prepaid payment (inclusive of the date of payment) and concluding upon the passing of the agreed-upon prepaid period following such Anniversary Date (e.g., a one-year prepaid period would terminate after twelve (12) Anniversary Months). Upon conclusion of a Prepaid Term, Subscriber reverts to Monthly Terms as defined herein. 8. SUSPENSION. At Access the Net's sole discretion, Subscriber's Service may be indefinitely disabled or suspended without notice for reasons to include, without limitation, non-payment or violation of any terms of this Agreement. Such Service Suspension does not constitute Termination, and you agree that you remain bound to all terms of this Agreement during any such period of Suspension. At Access the Net's sole discretion, a Subscriber's suspended account will be reactivated, subject to the terms and conditions of this Agreement, at such time as Access the Net determines that Subscriber has satisfied all terms and payment obligations as described herein. 9.TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by submitting a valid termination request ("Termination Request" or "Cancellation Form"), as defined herein) and providing Access the Net with: (a) notice of not less than six (6) days prior to Subscriber's earliest scheduled billing following Subscriber's requested Cancellation Date; and (b) payment of all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such Subscriber’s Termination will be effective on Subscriber's requested Cancellation Date. Notwithstanding the foregoing provisions of this section, if Access the Net receives a Termination Request from a Subscriber, Access the Net may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement. 10. TERMINATION REQUEST. A Subscriber Termination Request may be submitted by web form via the VTISP.com website or by telephone by speaking directly with an Access the Net Billing Representative. Such Termination Request is deemed valid only if it includes (a) identifiable Account information to include Subscriber's full name, billing address, and VTISP.com dialup username; (b) Subscriber's requested Cancellation Date; (c) Subscriber's email and telephone contact information; (d) Subscriber's acknowledgement that Subscriber has read and fully understands the then current VTISP.com TOS; and (e) receipt of a unique Cancellation Number provided to Subscriber by Access the Net. You understand and agree that Access the Net does not monitor your accounts for activity, and absence of activity will never constitute a Termination Request. You agree that non-payment will never constitute a Termination Request. You acknowledge that Termination will not occur unless you have met all applicable conditions set forth herein. You agree that you may not dispute any aspect of an alleged Termination Request without first producing a valid Cancellation Number. 11. TERMINATION FOR CAUSE BY ACCESS THE NET. If, in Access the Net’s sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Access the Net’s servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Access the Net’s technical support staff, customer service staff or any other Access the Net employees or representatives; (d) Access the Net receives an order from a court to terminate a Subscriber’s Service; or (e) Access the Net for any reason ceases to offer the Service, then Access the Net at its sole election may terminate or suspend such Subscriber’s Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement. 12. TERMINATION WITHOUT CAUSE BY ACCESS THE NET. Access the Net may terminate or suspend a Subscriber's Service at any time, without notice, for any reason or without cause, at Access the Net's sole discretion. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement. 13. TERMINATED SUBSCRIBER. Access the Net, in its sole discretion may refuse to accept a Subscriber’s application for renewal or resubscription following a termination or suspension of such Subscriber’s use of the Service. If a Subscriber’s Service is terminated for any reason, such Subscriber, upon approval by Access the Net, may enter into a new Agreement and must pay a new setup or activation fee as provided above, and such Subscriber is also subject to a ten dollar ($10) reactivation fee if entering into a new Agreement within sixty (60) days of Termination of any Access the Net account. Upon the termination of a Subscriber’s Service, Access the Net has the right to immediately delete all data, files and other information stored in or for the Subscriber’s account without further notice to the Subscriber. 14. REFUNDS. No refunds will be provided to Monthly Subscribers. No refunds will be provided for any partial Monthly Term, nor will any refunds be provided in any amount less than five dollars ($5). No refunds will be provided for any setup fees, activation fees, or Optional Services. No refunds will be provided for Service that is Terminated for Cause ("Termination for Cause by Access the Net", as defined herein). No refunds will be provided for any payments not specifically referenced in this paragraph, unless otherwise agreed to in writing by Access the Net. Prepaid Subscribers may be entitled to a prorated refund, unless otherwise excluded by the conditions set forth herein. A Prepaid Subscriber who terminates Service prior to the completion of a Prepaid Term will be deemed to have returned to Monthly Terms, retroactive to the beginning of the Prepaid Term, and subject to the standard monthly billing rates as published on the VTISP.com Home Page at http://www.vtisp.com. As such, the Subscriber will forfeit the sum of all such monthly fees for each such Monthly Term or partial Monthly Term up to and including the date of Termination. An eligible Subscriber may be refunded the remainder of the amount paid for the Prepaid Term, less any applicable charges or fees as defined herein, and subject to the conditions set forth herein. To be eligible for such refund, Subscriber must not have an outstanding balance for any Access the Net services, and Subscriber must submit a Refund Request in writing within thirty (30) days of Termination, to include without limitation: (a) a request for refund; (b) Subscriber's valid Cancellation Number, VTISP.com dialup username, name, address, phone number, and email address; (c) a self-addressed envelope, which will be used by Access the Net to mail such refund to Subscriber; and (d) Subscriber's acknowledgement that Subscriber has read and agrees to the terms and conditions set forth in this paragraph. Subscriber's Refund Request must be mailed (not electronically) to Access the Net's mailing address as listed on the VTISP.com Contact Page at http://www.vtisp.com/contact.shtml. Eligible refunds will be processed within thirty (30) days of receipt of such Refund Request. 15. SOFTWARE. In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Access the Net or its third party licensors, providers and suppliers, and which may be provided free or for a fee (the "Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Access the Net or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement. You understand and agree that any and all Software is provided on an "as is" basis and that Access the Net is not liable for any damages or other effects arising from the use of such Software or from the inability to use such Software. 16. SPEED OF SERVICE. Access the Net does not guarantee any specific connection speed. Such speed is dependent upon phone line conditions and Subscriber equipment. As it relates to dialup connection speed, "56K" is an industry term that indicates only the potential speed of certain dialup modems and is not an indication of the connection speed that you will achieve. All Services are provided on an "as is" basis and throughput speeds are not guaranteed. 17. ACCESS PHONE NUMBERS. Subscriber's use of the VTISP.com Service is dependent upon the ability of your computer to dial into, and establish and maintain a connection with, Access the Net's equipment via a standard telephone line. Access the Net provides access telephone numbers for this purpose. You understand and agree that it is solely your responsibility to confirm with your telephone service provider(s) that you will not incur any fees, including but not limited to long distance charges, as a result of using any Access the Net access phone number(s). Access the Net assumes no responsibility and will not be held liable for charges imposed upon you by any third party, including but not limited to your telephone service provider(s). Access phone numbers may, at Access the Net's sole discretion, be changed or discontinued without notice. Local access numbers may not be available in all areas. You agree that it is solely your responsibility to confirm the availability of a local access number(s) in your area prior to ordering the Service and until such time as your Service is Terminated. 18. USAGE LIMITS AND RESTRICTIONS. Each VTISP.com dialup account is limited to 100 hours of usage per calendar month. Such limit is independent of Anniversary Date. You understand and agree that Access the Net's servers maintain accurate usage statistics, calculated to the second, and that Access the Net will deem said statistics to be the only valid resource in determining whether the usage limit has been exceeded. Once it is determined, at Access the Net's sole discretion, that the limit has been exceeded, your account will be suspended automatically without notice until the first (1st) day of the subsequent calendar month. VTISP.com Service is intended for Customers for whom 100 hours of Internet access in any given month is clearly sufficient. If we detect a pattern of a Customer repeatedly using all or most of the allotted 100 hours each month, we may, at our sole discretion, terminate such Customer's account. Access the Net also imposes session limits and idle limits on all VTISP.com dialup accounts. An account that has been continuously connected to the Internet for four (4) or more hours, or an account that shows no activity (is idle) for fifteen (15) or more consecutive minutes, may be disconnected without notice. Subscriber agrees not to use an automatic method to avoid inactivity disconnection or to maintain a connection that is otherwise idle. After a disconnection period of two (2) minutes, Subscriber may reconnect. Access the Net is not responsible for any loss of data or other effects resulting from such disconnections. 19. EMAIL, ANTI-SPAM AND ANTI-VIRUS. Subscriber may elect to obtain one or more email accounts provided by Access the Net, subject to any applicable fees as posted on the VTISP.com Home Page at http://www.vtisp.com. All email services are provided on an "as is" and "as available" basis. Email addresses can be created via the Members Page of the VTISP.com website. All email stored on the server for an account that has been Terminated will be removed automatically and cannot be recovered. Access the Net is not responsible for any lost email due to an account being Terminated. Anti-spam and anti-virus features are enabled for each email account, by default. Access the Net takes no responsibility for any viruses not blocked by the software. We highly recommend acquiring and using additional third party virus protection software that runs on your computer. The anti-spam filter helps protect clients from receiving spam (unsolicited email) in their Inbox. Access the Net takes no responsibility for any loss of legitimate email that is blocked by our anti-virus or anti-spam software. Access the Net utilizes the Google Apps platform to provide email service to Subscribers. Upon obtaining a VTISP.com email account, you agree to the terms of service that are located at http://www.google.com/a/help/intl/en/users/terms.html. 20. TECHNICAL SUPPORT. Technical Support is provided to Subscribers subject to the limitations described herein. Technical Support is provided by email for free, and beginning on or before September 1, 2009, Technical Support by telephone will be available for a fee, as described herein. Technical Support, when deemed necessary and appropriate at Access the Net's sole discretion, refers to assistance with any aspect of successfully using your Service. Technical Support does not refer to billing inquiries. Access the Net assumes that Subscribers have a basic understanding of their computers and the programs used to navigate the Internet and process email. Access the Net will not train you in basic computer skills (e.g., opening programs or deleting files) or Internet functions (e.g., how to visit a web site or open an email message). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem and receive a dial tone before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting your computer, associated components or devices, or telephone equipment, neither will they provide any technical assistance or support for any third party software. Access the Net is not responsible for connection problems due to poor phone line conditions, a poorly functioning computer, Subscriber's lack of computer knowledge, a computer that is infected with viruses, spyware or malware, or any condition outside of Access the Net's control. It is Subscriber's responsibility to initiate and be available for technical support during Access the Net's hours of operation. If a Subscriber wishes to utilize Access the Net's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. Subscriber is responsible for arranging any support or repair not offered by Access the Net, which may be necessary for use of the Service, and Subscriber is solely responsible for any associated costs. Subscriber understands and agrees that any technician or other person contracted to troubleshoot Subscriber's line or equipment is not an employee or agent of Access the Net, and Access the Net is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person. Subscriber is subject to, authorizes, and agrees to pay, Technical Support fees for any technical assistance provided by telephone, including calls initiated by Subscriber to any Access the Net phone number and return phone calls initiated by Access the Net at Subscriber's request. Subscriber agrees that you will be charged without notice at the rate of five dollars ($5) per Technical Support phone call for up to two (2) such phone calls in any twelve (12) month period, or ten dollars ($10) for each such call in excess of two (2) calls in any twelve (12) month period. Subscriber understands and agrees that all Technical Support fees described herein are independent of any expected or realized result and will be charged without regard to such result. Notwithstanding the foregoing provisions of this section, Subscriber will be allowed one (1) free Technical Support phone call within the first thirty (30) days of Subsciber's new Service order, provided Subscriber has not previously been a Customer of VTISP.com or any other Access the Net Service. 21. ACCEPTABLE USE. Subscriber agrees to use the VTISP.com Service in accordance with Access the Net’s acceptable use policy ("Acceptable Use Policy") published at http://www.vtisp.com/terms/aup.html . Access the Net reserves the right to make changes to the Acceptable Use Policy without notice. 22. PRIVACY POLICY. Access the Net will treat each Subscriber’s personal information in accordance with Access the Net’s privacy policy ("Privacy Policy") published at http://www.vtisp.com/terms/privacy.html . Subscriber agrees to the terms of the Privacy Policy. Access the Net reserves the right to make changes to the Privacy Policy without notice. 23. PORT FILTERING. A port 25 (outgoing mail) filter is applied to all Subscribers to prevent spam (unsolicited email) from being generated from our network. Access the Net will provide an outgoing mail server with port 25 unblocked for use by all Subscribers. Subscriber agrees to use only the Access the Net outgoing mail server for sending email while using our service. Access The Net reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port, or to improve or protect the network in any situation in which Access the Net, at its sole discretion, deems such action to be necessary. 24. WARRANTIES AND LIMITATIONS OF LIABILITY.. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY ACCESS THE NET (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). ACCESS THE NET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY ACCESS THE NET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF ACCESS THE NET TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. ACCESS THE NET DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY ACCESS THE NET WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. ACCESS THE NET SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ACCESS THE NET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. ACCESS THE NET MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY, INCLUDING ANY AND ALL SUCH USE WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL ACCESS THE NET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF ACCESS THE NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO ACCESS THE NET’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH ACCESS THE NET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ACCESS THE NET’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ACCESS THE NET RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS ACCESS THE NET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING ACCESS THE NET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF ACCESS THE NET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY. 25. LINKS. Access the Net or third parties may provide links to websites other than http://www.vtisp.com or other resources. Because Access the Net has no control over such websites and resources, you acknowledge and agree that Access the Net is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Access the Net will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. 26. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Access the Net from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet. 27. REVISIONS. Access the Net may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.vtisp.com/terms/tos.html . Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. Subscriber accepts and agrees to any and all posted revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate the Service immediately. 28. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. Access the Net may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed. 29. CHOICE OF LAW. You and Access the Net agree that the substantive laws of the State of Vermont, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND ACCESS THE NET CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN CHITTENDEN COUNTY, VERMONT FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Vermont laws relating to consumer transactions, any cause of action or claim you 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. 30. COMPLIANCE. Access the Net’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. 31. THINGS BEYOND ACCESS THE NET’S CONTROL. Access the Net will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, labor-related disputes, or other circumstances we do not control, or an inability to obtain necessary equipment or services. 32. ENTIRE AGREEMENT. This Agreement, including all policies posted on Access the Net’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Access the Net with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void. 33. NOTICE. Notices by Access the Net to you shall be deemed given: (a) when posted on any page of the VTISP.com website; (b) when sent to your VTISP.com email address; (c) when sent to an email address that you have provided to, or used in communication with, Access the Net; (d) when deposited in the United States mail addressed to you at the address you have specified in your account options; or (e) when hand delivered to your home, as applicable. 34. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
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