ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICEThe Web Phone Access Subscription Internet Service ("Subscription"), owned and operated by Web Phone Access.com ("Web Phone Access.com"), is provided to you ("Subscriber") under the terms and conditions of this Web Phone Access Terms of Service (TOS) and any operating rules or policies that may be published by Web Phone Access. The TOS comprises the entire agreement between Subscriber and Web Phone Access and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, AND/OR USING THE Web Phone Access SERVICE, AND THESE PAGES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. Web Phone Access Terms of Service and Network Policy 1. Web Phone Access exercises no control whatsoever over the content of the information passing through its network. Web Phone Access makes no warranties of any kind, whether expressed or implied, for the service it is providing. Web Phone Access also disclaims any warranty of merchantability or fitness for a particular purpose. Web Phone Access will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained by Web Phone Accesss network is at your own risk. Web Phone Access specifically denies any responsibility for the accuracy or quality of information obtained through its services. Web Phone Access is a service for personal communication usage only. Business usage, and usage for other than personal communication is prohibited, unless specifically contracted for. 2. The Web Phone Access network may only be used for lawful purposes. Transmission of any material in violation of any U.S., State or foreign laws or regulations is prohibited. This includes, but is not limited to: copyright material, material legally judged to be threatening or obscene, or material protected by trade secret law. You agree to indemnify and hold harmless Web Phone Access from any claims resulting from your use of the service which damages you or another party. 3. On-Line Etiquette: Customer and Customers end users are prohibited from activities which would disrupt Web Phone Access Internet Services. In addition, users are forbidden from impersonating others and making unsolicited commercial appeals. Examples of prohibited conduct include: SPAMMING, HACKING, IP SPOOFING, PING FLOODING, ATTEMPTING TO GAIN ENTRY INTO ANY Web Phone Access COMPUTER SYSTEM, MAILBOTS and PINGBOTS TO HOLD OPEN PORTS, PROGRAMS or PROCESSES WHICH MAINTAIN CONNECTION TO THE NETWORK WITH NO DATA BEING PASSED, WITH THE EXPRESS DESIGN TO KEEP AN IDLE COMPUTER CONNECTED - Web Phone Access provides unlimited NOT dedicated service, users are expected to utilize the network for an amount of time reasonable for a home user. Users who spam, impersonate and spoof will be immediately terminted, and a research fee plus costs to answer mail and inquiries about their actions will be levied to their account immediately. 4. Web Phone Accesss RIGHT TO MONITOR. Web Phone Access may, but is in no way required to or promises to, electronically monitor any and all traffic which passes over our Wide Area Network. This monitoring may include public as well as private communications and data transfers from our Customers and their end users and to our Customers and their end users as well as any and all communications and data transfers to and from any other internet sites. Web Phone Access will monitor our Customers and their end users and those who use or transmit communications or other data over our network for security purposes and system utilization and for compliance with the Web Phone Access Network Policy. Furthermore, Web Phone Access reserves the right to monitor and disclose any content, records or electronic communication of any kind (1) to satisfy any law, regulation or authorized governmental request; (2) if such disclosure is necessary to operate Web Phone Access; or (3) to protect the rights or property of Web Phone Access, its Customers, or Information Providers or Merchants. The monitoring and disclosure activities of Web Phone Access may negate the privacy protections which the Customer would otherwise enjoy under federal and state law, including the Electronic Privacy Communications Act. Customer acknowledges that Web Phone Access may do so and Customer understands they may be giving up privacy rights which they would otherwise be entitled to under state, federal and other laws. Customers seeking enhanced security in their transmissions and transactions are encouraged to encrypt their data via third party software such as that available from pgp.com, and in MS Internet Explorer and Netscape Communicator 128bit secure browsers. The use of encryption currently prevents anyone but select law enforcement agencies from viewing your data. 5. Any access to other networks connected to Web Phone Accesss network must comply with the rules appropriate for that other network. Use of Web Phone Accesss network itself may be for any lawful purpose. Use of Web Phone Accesss network for lawful commercial purposes is both permitted and encouraged. Connectivity is provided for your organization only, and resale of direct IP connectivity to other organizations or individuals is prohibited, unless noted in a separate contract, under schedule A. 6. Web Phone Access attempts to run an "open" system which allows customer access to a wide range of internet offerings. Web Phone Access does not censor the content of newsgroups, and it is up to each individual user to determine which newsgroups are appropriate for viewing and participation. There are a number of tools which can allow Customers and end users to screen out unwanted material. It is up to each individual to Site such available tools to screen for content. 7. Web Phone Access. retains the right in its sole discretion not to carry on its Service "unlawful material" and further Web Phone Access reserves the right to restrict access to any material which violates Web Phone Accesss Network Policy. Web Phone Access. will refuse to connect to and will terminate any offending Service, in the event that offending material is created, offered or encouraged by Customer or its End Users which is unlawful as determined by applicable international, federal, state or local laws, regulations, or ordinances such Customer or end user account will be terminated. In addition, such Customer account will be terminated if the Customer is found to have had any role in the creation, implementation, distribution, posting or the like of such material. Such termination shall occur immediately and without prior notice. Whether the Customer played any such role shall be determined exclusively by Web Phone Access. 8. Payment is due when indicated on our invoice or on your local telephone invoice, if that is your billing method. Accounts are in default if payment is not received by that date. Accounts unpaid after due date may have their service interrupted. Such an interruption does not relieve you from the obligation to pay the monthly charge. If you default, you agree to pay Web Phone Access its reasonable expenses, including attorney and collection costs, incurred in enforcing its rights under these terms and conditions. If you wish to terminate service, and monthly charges are billed on your local telephone invoice, please call our Customer Service number found on that invoice, or on our Support pages. Refunds for unused portions of user's subscriptions are given solely at Web Phone Access's discretion. Web Phone Access reserves the right to change the rates by notifying you 30 days in advance of the effective date of the change, and/or posting to this URL.The remainder of this section, and section 9, pertain to customers not billed through their local telephone invoice. Only a written request to terminate your service (e-Mail is acceptable) relieves you of your obligation to pay the monthly charge, and accounts will be rounded to the next calendar month. Accounts in default are subject to 1.8% monthly interest. If your payment is returned to us unpaid, you are immediately in default and subject to a returned check fee of $20 from us. 9. Billing for Web Phone Access service will commence 2 days after Web Phone Access mails out your Setup Sheet, or the same day Web Phone Access e-Mails or Faxes your information. Service is invoiced in advance, and ALL future invoices will be sent to User via e-Mail at their Web Phone Access e-Mail address, unless User has selected credit card billing, in which case the credit card of record will be debited automatically approximately 10 days prior to the next billing cycle automatically. US Mail billing is available at an extra charge of $ 10.00 per year. Users who have signed up for this subscription by mail or phone may cancel their service within the first 24 hours (requests after this period will not be honored) if they do not agree with these terms of service, and receive a full refund (any software sent to these users must be returned within 10 days or a handling charge of $10 may apply.) Web Phone Access is a subscription service, and users are subscribers who must pay in full, in advance for their subscription term. Refunds for unused portions of users subscriptions are given solely at Web Phone Access's discretion. 10. Privacy- Web Phone Access will not sell, trade, or disclose to third parties any customer identifiable information derived from the registration for or use of Web Phone Access online services -- including customer names and addresses -- without the consent of the customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others). From time to time Web Phone Access may direct market users to inform them of other products available available through Web Phone Access and affiliated companies. When Web Phone Access uses other agents, contractors or companies to perform services on its behalf, Web Phone Access will ensure that the company protects your customer identifiable information consistent with this Policy. 11. Special Offers: From time to time Web Phone Access makes available special offers and promotions. Unless specifically noted on the promotion, offers and promotions are offered to new subscribers and new accounts only. Existing Web Phone Access subscribers may add additional services from a promotion to their current account, after their existing subscription has expired, as long as the offer is still valid. 12. These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Web Phone Accesss network constitutes acceptance of these terms and conditions. Web Phone Access reserves the right to change these terms and conditions at any time by posting to this URL. Have additional Questions?
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