User Agreement / Terms of Service

1. Terms and Conditions
Access to and use of PerfectPC Dialup (the “Company”) is subject to the terms and conditions of this agreement and all applicable laws and regulations. By establishing an account with the Company you accept without limitation or qualification all of the terms and conditions in this user agreement.
 
If you do not agree to the terms and conditions of the User Agreement, including any future revision your sole recourse is to terminate your account as outlined above and in Section 6 of this agreement.
 
2. Modification of These Terms
PerfectPC Dialup reserves the right to modify this agreement at any time. You are responsible for regularly reviewing these terms and conditions. Continued use of the Company’s services after any changes to the agreement shall constitute your acceptance of these changes.
 
3. Subscription Requirements
Users must be at least 18 years old. Local access numbers may not be available in all areas and may change at any time. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll or other charges. The Company is not responsible for toll, long-distance or any other telecommunication charges you may incur.
 
4. Payment Obligations
The Company bills on a pre-payment basis. Billing periods may be monthly, semi-annual, bi-annual or annual. Accounts are billed at the end of the billing period unless cancelled according to the terms in this agreement. Billing dates are determined upon sign up. Any questions regarding your billing date should be directed to (877) 394-5008. Accounts are considered active unless terminated according to terms of this agreement, regardless of usage or non usage to the account as outlined in Section 6 of this agreement.
 
Users must provide the Company with accurate and complete billing information including legal name, address, telephone number, and credit card billing information. Any changes to this information must be reported to the Company within 30 days.
 
Users who have any questions regarding charges to an account should contact the Company’s Billing Department at (866) 727-3291. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
 
Payments for customers paying by check or money order are due 30 days from the date of the invoice. Any account that is not paid in full will be considered past due. Late fees will apply to any past due account for each month that an account is past due, and interest will accrue at 18% APR.
 
Charges may be billed to the User’s credit cards or debit cards each month for basic service and any addition fees. The Company is not responsible for any charges or expenses (i.e. overdrawn accounts) resulting from charges billed by the Company.
 
Accounts 60 days past due will be placed on hold. Accounts 90 days past due will be canceled and sent to a collection agency. The Company reserves the right to assess additional fees to reactivate a suspended or canceled account. The Company reserves the right to deny reactivation to any suspended or canceled account. Delinquent accounts may be suspended or canceled at any time upon the Company’s sole discretion. If the Company is required to institute any collection activity based on overdue accounts, the User will be responsible for all related costs and attorney fees in such collection matter.
 
If you purchase PerfectPC Dialup through a reseller who in turn pays the Company, the reseller must pay all amounts owing for your account. If the reseller fails to pay the Company any amounts due your account will be subject to suspension or cancellation until your account is paid in full—regardless if you have paid the reseller.
 
The Company reserves the right to change monthly billing amounts for services at the Company’s discretion and will notify the User via email communications.
 
5. Title; Copyright; Uses and Restrictions
This software product, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works (as defined by the U. S. Copyright Act) of such software products, services and materials are the copyrighted work of the Company. All use by you is governed by the terms of this agreement. The service is solely for use by end users according to the terms of this agreement. Any use, reproduction or redistribution of the Company’s products not in accordance with the terms of this agreement is expressly prohibited. Accordingly you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute or as stated, created derivative works or improvements (as defined by U. S. Patent law) from the Company’s software, services, or any portion thereof, or seek to obtain intellectual property protection of the Company’s software, services, or any portion thereof. Neither may you incorporate the Company’s software or services into any computer chip or the firmware of a computing device manufactured by or for you. Likewise, you may not use the Company’s software, services, or any portion thereof to operate nuclear facilities, life support or other medical equipment, manufacturing or construction equipment, weapons systems, air craft or nautical navigation or communication systems, air traffic control systems, or for any other mission critical application where human life or property may be at stake. You understand that the Company’s software, services, or any portion thereof, is not designed for such purposes and that it’s failure in such cases could lead to death, personal injury or severe property or environmental damage for which the Company is not responsible. The Customer, Client and/or User additionally represents and warrants:
 
· Shall not in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, will not use the Company’s software, services, or any portion thereof resulting in interference or destruction of the Company’s computer networks, websites, or services connected with or accessed;
 
· Shall not sell, lease, loan, distribute, transfer or sublicense the Company’s software, services, or any portion thereof, or access thereto or derive income from the use or provisions of, whether for direct, commercial or monetary gain or otherwise, without the Company’s prior, express, written permission; nor
 
· Transfer your rights to another person or entity; nor
 
· Misrepresent your identity to harass, slander, defame, misrepresent or otherwise violate the rights of any third party through the use of the Company’s software, services or any portion thereof.
 
6. Cancellation
You may cancel your account at any time and for any reason by providing notice to the Company in one of the following ways only:
 
· Telephone calls directed to the Billing Department at (877) 394-5008;
 
· Registered/certified mail, return receipt requested US postal mail addressed to PerfectPC Dialup Billing Department, 201 N Hickory St, Farmland, IN 47340.
 
Email termination of your account will not be accepted. Voicemail termination of your account will not be accepted. All accounts are considered active, regardless of usage, unless one of the previous methods is used to terminate your account. Your cancellation will only be considered valid upon receipt of a PerfectPC Dialup cancellation confirmation number. Charges to your account will cease accruing the day the Company provides you with a cancellation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive cancellation confirmation. Anything stored on the Company’s servers as part of your account will be deleted upon termination. Monthly accounts are not prorated. All payments to The Company are non refundable, this includes Setup fee's, Monthly, 3 month, 6 month, 12 month, late fees or any other payments to The Company. The Company will however refund the customer one month of service if The Company looses a local access number in customers calling area. The Company will also reimburse any overpayments.

The Company may terminate this Agreement at any time without prior notice, your use of our services for any reason including if the Company in its sole discretion believes you have violated this agreement, or any other Company policy, or if you fail to remit any charges when due.
 
7. Disclaimer of Liabilities; Release and Limitation of Liability by Customer User or Client
The Internet provides access to information, including without limitation, numerous websites, chat rooms, conferences, lists, bulletin boards, electronic mail solicitations and information servers (the "Sites"). Some of the Sites may contain objectionable and/or offensive material. The Company cannot and does not take any responsibility for the content of the Sites. Your authorized access to, and use of the Internet is conditioned upon your recognition that the Company neither assumes responsibility for, nor endorses, any of the content found in any of the Sites. The Company MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SITES OR THEIR CONTENT. The software the Company supplies, or services, or any portion thereof, are distributed "as is" and without representations or warranties of any kind, whether express or implied. the Company specifically disclaims all warranties regarding the software, including any warranties as to performance, merchantability, title, satisfactory quality, non-infringement, fitness for a particular purpose, or any other warranties whether express or implied. The Company does not make any guarantees that the software, services or any portion thereof accessed therefrom is available for use outside the United States. Using the software and accessing the Internet through the Company are contingent upon your agreement to release the Company and its officers, directors, shareholders, employees, agents, successors and assigns (the "released parties") from any and all claims and liabilities resulting from your use of the software or the Internet, including without limitation, any claims or liabilities for damage to your computer system, website or data files. By using the software and accessing the Internet, you are assuming the entire risk of using the software and the Internet. By the same, the Company cannot guarantee, at any given time, the amount of megabyte internet connectivity. You agree to indemnify and hold harmless each of the released parties from any claims or liabilities resulting from your use of the Internet including your publishing of any information on the Internet, as further described in Section ___ below. Some jurisdictions do not allow restrictions on implied warranties, thus some limitations may not apply to you.

The Company’s services are provided, as stated, on an “as is” and “as available” basis. The Company does not warrant that services will be uninterrupted or error-free. No advice, comments or suggestions given by the Company or a representative of the Company shall create a warranty. In any event, the Company’s cumulative warranty to any member, customer or client shall not exceed the total amount of service fee paid during any three month period.
 
Use of the Company’s software, services, or any portion thereof while driving, biking, boating, operating heavy machinery or engaging in any other potentially hazardous activity, may result in death, personal injury or property damage for which the Company is not responsible.
 
8. Indemnification
You shall indemnify and hold the Company, its related companies and its suppliers harmless from and against any claims or liabilities arising out of the use or improper use, including reproduction, or distribution of the Company’s services and related products. In no event will the Company be liable to you or any other persons for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, attorneys fees or other damages arising out of the use of or inability to use the services or products, even if the Company has been advised of the possibility of such damages.
 
9. Responsibility of Customers, Users or Clients
The customer, client and or user are responsible for correct and sufficient use of the tools available for maintaining the security of information stored on each computer system. The following precautions are strongly recommended:
 
· Computer accounts, passwords and other types of authorization that are assigned to individual customer, client and or user’s should not be shared with others;
 
· The customer, client and or user should understand the level of protection each computer system automatically applies to files and supplement it, if necessary, for sensitive information; and
 
· The customer, client and or user should be aware of computer viruses and other destructive computer programs, and take steps to avoid being a victim or unwitting distributor of these processes. Ultimate responsibility for resolution of problems related to the invasion of the user's privacy or loss of data rests with the user.
 
If the Company’s software, services or any portion thereof accessed therefrom proves defective, you assume the entire cost of all necessary repair to the Company’s software or to your computer systems, correction of inaccurate data, or injury of any kind, even if the Company has been advised of the possibility of such a defect or damages.
 
10. Email Spam
The Company filters port 25 to block spammers. The Company allows up to 25 email to be sent from any given computer at any given time.
 
a. Clients may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the client must not send that person any further email.
 
b. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
 
c. Forging of header of any other information is not permitted.
 
d. Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.
 
e. Clients are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). this includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. The user understands such actions are not only harmful because of its negative impact on consumer attitudes toward the Company, but additionally may result in the overloading of the Company’s network and disrupt services to the Company’s clients.
 
f. Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.
 
g. The Company accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this agreement or the agreement of another provider.
 
h. Maintaining an open SMTP relay is prohibited. When a complaint is received, the Company has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
 
i. Harassment, whether through language, frequency or size of messages, is prohibited.
 
j. Harm minors in any way.
 
k. Impersonate any person or entity.
 
l. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, software or hardware or telecommunications equipment.


m. Disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively effects the other users’ ability to engage in real time exchanges; or
 
n. Collect and store personal data about other users.
 
You acknowledge that the Company and its designees shall have the right, but not obligation, in their sole discretion, to monitor, refuse or move any content as transmitted by you via utilization of the Company’s software, service or any portion thereof. Customers in violation of any provision herein, or any other activity not consistent with the Company’s terms of services and conditions herein, at the Company’s sole discretion, will forfeit the balance paid on the account and must remit any remaining balance due at the time the Company terminates the account. The Company reserves the right to assess fines up to $1,000 for violations of Section 8 of this agreement. Customers who are terminated due to spamming will not be allowed to pen another account with the Company. Users caught will be assessed the entire balance due on the account and terminated immediately, as well as subjected to a $1,000 fine.
 
11. Defamatory or Abusive Language
Use of the network of the Company to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material is prohibited. The Company will make efforts to notify law enforcement agencies when it becomes aware of the presence of child pornography or pornography on or being transmitted through the Company network and may result in criminal prosecution and immediate account termination by the Company.
 
12. Overage and Usage Fees
Customers with limited usage dial-up accounts are responsible for monitoring their online time and for paying applicable overage fees. In any month where the customer’s online usage exceeds the number of hours included on their network, the customers account will be deactivated. The customer is responsible for determining whether the use of a Company dial-up number will result in long-distance, toll or other charges. The Company is not responsible for any long-distance, toll or other telecommunications charges incurred by the customer.
 
The Company provides unlimited service as an on demand temporary solution. The Company provides unlimited service up to 744 hours per month; 31 days x 24 hours. The Company only allows one connection per username/password, customers who access an account with more then one connection will charged full account price for each connection, unless other arrangements have been made with the Company.
 
The Company provides access on two networks, SI and QW. A break down of hours per network can be found in Appendix B.

The Company has the right to institute disconnect timers to avoid busy signals and monthly overage. Any connection that is active for eight consecutive hours will be terminated. Any connection that has been idle for more then twenty consecutive minutes will be terminated. If customer has signed up for the premium dialup service no disconnect or idle timers are set by The Company. Due to the state of dialup connections you may be disconnected at any time. The Company offers the premium dialup account as an added benefit to the customer, however, the premium dialup account is not a dedicated service.
 
13. Technical Support
The Company provides technical support, upon availability and not by obligation, during the hours stated in Appendix A of this Service Agreement.
 
The primary purpose of the Company’s technical support is to provide help to our customers in the following areas:
 
· Getting connected to our service; and
 
· Installing PerfectPC Dialup provided software.
 
Because the software available from the internet is nearly boundless, we are unable to provide help with software we either do not supply or with which we are unfamiliar. The Company does not charge for normal support calls. However, the Company reserves the right to charge for calls and support that is outside the areas listed above.
 
14. Violations
Please report any violations of this agreement to our Customer Care Group at www.TMCSconnect.com or via telephone number 1-800-775-3928 .
 
15. Privacy Policy
The Company warrants to not sell or otherwise release customer information to any third party, consistent with the Gramm-Leach-Bailey Act, except when required to do so by federal or state law or if needed in defending the Company.
 
16. Government and Users
If the Company’s software services, or any portion thereof, are supplied to or purchased by, on or behalf of the United States government, or any state governments, then the Company’s software may be deemed “commercial” as the term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this agreement apply.
 
17. Controlling Law/Jurisdiction
This agreement shall be governed by the laws of the United States, as applied by Federal Courts sitting in the State of Colorado, and of the State of Colorado. You consent to the exclusive jurisdiction and venue in Routt County, Colorado and waive any defense, such as forum non-conveniens. The United Nations Convention on the international sale of goods, nor any uniform commercial code provisions shall apply to this agreement.
 
18. Attorneys Fees
In the event any action is filed, or the Company is required to consult legal counsel, in relation to any portion of this agreement, the Company shall be completely reimbursed by the user for all costs and attorney fees incurred as a result thereof.
 
19. Severability
If, for any reason, a Court of competent jurisdiction finds any provision of this agreement, or portion thereof, enforceable then the remainder of the agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
 
20. No General Waiver
The Company’s failure, in any instance, to exercise any of its rights under this agreement will not constitute a general waiver of such or any other rights hereunder. By the same, applicable provisions will survive any termination or cancellation of the Company’s service or disagreement.
 

Appendix A
Technical Support Hours:
Monday - Saturday: 8 am - 11 pm EST
Sunday: 10 am - 6 pm EST
 
Technical Support email and trouble tickets will be answered during the hours stated above. However, in certain cases email and trouble tickets may not be answered on the same business day.
 
Appendix B
Network Breakdowns:
Network SI: Unlimited
Network QW 200 hours per month - Limited to Steamboat Springs, CO and Craig, CO.
 
For additional information on the term “Unlimited” please see Section 12 of this service agreement.