INTRO
The following are the Terms and Conditions required as a subscriber to any
of the services from AFO (AFO). You must
be at least 18 years of age to subscribe to or purchase any
of AFO’s services. Additional terms may be added as required
with new or modified services.
Account holders are responsible for all activity and
charges on their account. Violations of any of the terms or
conditions or any illegal or immoral activity will be grounds
for immediate termination of service without notice. No refunds
will be given for a partial month. Full-service Accounts (other than cable and DSL)
may receive a full refund if cancellation occurs
within 30 days.
CABLE AND DSL SERVICES: Cable and DSL services require a higher degree of commitment than dialup due to the early termination fees AFO must pay when a customer cancels within a year of signup. Therefore, cable and DSL customers agree to a one-year term of service. Early termination will result in the balance of all fees for the first year becoming due. No refunds are available for equipment unless you are unable to connect to the Internet for reasons beyond our control (excluding damage or failure due to your action or inaction). Start-up, equipment, transfer, and termination fees may apply.
ACCOUNTING
AFO reserves the right to change fees or billing methods. AFO will provide
30 days advance notice if possible. The account holder is responsible
for all reasonable and lawful charges including, but not
limited to, regular service charges, taxes, etc., and
the AFO service charge schedule.
AFO accepts credit cards, debit cards and checks* as
payment for services. Subscription fees are billed and
collected monthly in advance for most services except
for the annual rates which are billed yearly in advance.
All invoicing is done by E-mail. Each subscriber must
have an active and valid E-mail account for the term of
their subscription. It is the responsibility of the subscriber
to notify the billing department of E-mail address changes.
Late charges or service fees may be applied if accounts
are more than 30 days past due, and will not be waived
if the subscriber fails to receive notice due to lack of an
E-mail account or an invalid account. An account that
is ten days past due may be deactivated by AFO, and may
be terminated at the discretion of the AFO Billing Department. AFO
will apply a late fee or service charge of $5 per month
for past-due balances. The due date is the monthly or
yearly anniversary date. Anniversary dates which fall on
the 29th, 30th or 31st in a month without that date will
be billed on the last day of the month. Charges
for customers who pay by credit card will automatically
be charged on their anniversary date.
DIALUP CONNECTIONS & SATELLITE DIALUP COMPONENT: AFO is not responsible for long distance charges incurred
by the subscriber if they accidentally or purposely, select
an access number that is long distance, even if the AFO Dialer
is used. It is the responsibility
of the subscriber to check with the local telephone
company to verify that an access number is local. Failure to do so may result in excessive long distance charges.
*Acceptance of checks contingent upon approval by AFO Billing Management.
TERMINATION AND CANCELLATION
Termination of the account is the subscriber’s
sole remedy for any dispute with AFO. Refunds will not
be given for partial month services or services already
rendered such as past months. In order to terminate your account you must call Customer Service, and uninstall the Web Filter. Cancellation cannot be accomplished via email or by someone other than the account holder. Failure to follow this procedure will result in continued charges for service.
DIALUP, FILTER, AND EMAIL ACCOUNTS: Either party (AFO or the subscriber) may terminate services at any time.
CABLE AND DSL CUSTOMERS: Premature termination (before one year) will result in all fees for the first year of service becoming due. You may choose to terminate your service after the minimum 1 year initial term of service requirement has been met.
SATELLITE CUSTOMERS: when paying annually, the fees for any full month(s) of service used will be deducted at the standard un-discounted rate, and the remaining balance refunded.
CONDUCT
AFO will not tolerate inappropriate conduct in the use of any of its
services including, but not limited to, conduct which
is illegal, immoral, deceitful, vulgar, a violation of
copyright, invasion of privacy, gambling, or any unauthorized
attempt to access or use facilities which are the property
of AFO, its subscribers or vendors. Any attempt to gain
unauthorized access, bypass security or disrupt services
will be prosecuted immediately and to the fullest extent
of the law. Violations of good conduct will result in
immediate deactivation and termination of services without
notice.
Any use of E-mail services to intimidate, harass, or
disrupt will also be considered bad conduct. AFO E-mail
services are for private and business uses and are not
intended for bulk mailings. Bulk or unsolicited mail detected
on AFO systems will be terminated and removed without
notice. This includes mail with viruses, pornography,
vulgarity, harassment, threats, hate or any other material
that violates AFO’s content guidelines. Any attempt
to acquire or use AFO’s E-mail subscriber list is
also prohibited.
CONTENT
AFO reserves the right to approve all content uploaded or downloaded
from its systems or services. Content is defined as any
material used to communicate, inform, or execute and that
is resident on AFO systems. Content that violates the
current AFO filter list or is deemed illegal by any federal,
state or local law is prohibited. Topics include, but are
not limited to, vulgarity, violence, erotic sexual content,
adult material, satanic or cult material, drugs, destructive
behaviors and hate. Any content that is deemed to violate
AFO’s content standards will be removed without
notice, and subscriber services will be terminated.
FILTER
AFO employs a filter to protect its subscribers from destructive Internet
material. Any attempt to bypass, remove, modify, or otherwise
disrupt the filter process will be reason for termination
of services. AFO assumes no responsibility for technology
or user actions that cause the filter to be defeated.
AFO also assumes no responsibility for any material or
site that might circumvent the filter. No filter is 100%
effective and AFO does not represent the AFO filter as
100% effective. AFO will not provide Web access without a filter. Any subscriber account using AFO accesss without a filter will be terminated unless the filter is re-installed.
SERVICES
Subscribers on unlimited dialup usage (or who use satellite connections with a dialup component) are not charged for overtime, but unlimited usage is not the same as a full time connection. Dialup services are intended to be for residential use and although businesses may use the dialup services, consistent usage by any subscriber of over 200 hours per month may result in a rate change for the subscriber. Any device or software designed to keep a dialup connection open full time is expressly prohibited. Any attempt on the part of a subscriber to keep the connection open full time is also prohibited. Violation of these terms and conditions may result in termination of services. Occasional usage on the unlimited service beyond the 200 hours is allowed, and is not subject to further action. You will be notified before charges are incurred or service is terminated.
It is the customer's responsibility to ensure all dial-up numbers provided are local. AFO is not responsible for long-distance charges.
SATELLITE USAGE: Our Reasonable Use Policy (RUP) operates on a rolling five day basis. The total megabytes of data (MB) passing to your computer (downloaded) in the last five days is automatically monitored. If your usage exceeds 100 MB in a 5 day period, your connection speed will be reduced in increments of 100k bits per second until the rolling days accumulation falls below 100 MB data per day.
EMAIL ACCOUNTS: AFO reserves the right to delete abandoned or inactive email accounts which have gone unused for an extended period of time. Customers may reinstate the account at any time unless the username has been claimed by a new user.
SERVICE OUTAGES
While AFO endeavors to provide the highest quality of
service and uptime,
there will be temporary outages from time to time due to circumstances beyond AFO control.
AFO makes every reasonable effort to minimize down-time.
Down-time is not grounds for credits or refunds. AFO reserves
the right to add, modify or eliminate services and charges
for services in order to better serve subscribers.
WARRANTIES
The services, under this agreement, will be performed in a timely and
professional manner and the services shall conform to
the standards generally observed in the industry for similar
services.
Services provided by AFO will comply with all telecommunication
laws, applicable laws, rules and regulations.
AFO shall not be responsible for the installation, operation
or maintenance of equipment or software not provided by
AFO or its affiliates.
DISCLAIMER
Client assumes responsibility and risk for its use and authorized users'
and any unrelated party's use of the Internet. Neither
AFO nor its affiliates make any express or implied warranties,
representations or endorsements whatsoever (including
without limitation warranties of title, noninfringement
or the implied warranties of merchantability or fitness
for a particular purpose) with regard to any merchandise,
information or service provided through the Internet not
created or provided by AFO, and they shall not be liable
for any cost or damage arising either directly or indirectly
from any such transaction. It is solely the client's responsibility
and authorized users' responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services
and other information, and the quality and merchantability
of all merchandise provided on the Internet.
Except as provided in section labeled WARRANTIES above,
this service is provided on an "as is" and "as
available" basis without warranties of any kind,
either express or implied, including but not limited to
warranties of title, noninfringement or implied warranties
of merchantability or fitness for a particular purpose.
No advice or information given by AFO, its affiliates
or its contractors or their respective employees shall
create a warranty. Neither AFO nor its affiliates, nor
its network provider, warrant that the service will be
transmitted or error free or that any information, software
or other material accessible on the internet is free of
viruses, worms, trojan horses or other harmful content.
In the event of a service interruption, AFO will use its
best efforts to restore service.
Under no circumstances shall AFO, its affiliates or its
contractor be liable for any direct, indirect, incidental,
special, punitive or consequential damages that result
in any way from clients (or authorized users) and any
unrelated party's use of or inability to use the services
or to access the internet or any part thereof, or client's
(or authorized users') and any unrelated party's reliance
or use of information, services or merchandise provided
on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files or other data
loss, errors, defects, delays in operation, service or
transmission or any failure of performance.
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