Internet Access Agreement

1) Introduction
I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, WEBPOWERPLUS shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through the WEBPOWERPLUS Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT WEBPOWERPLUS RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON.

2) Provision of Services/Access
I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that WEBPOWERPLUS reserves the right to terminate my account at any time, for any reason. WEBPOWERPLUS will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of WEBPOWERPLUS, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond WEBPOWERPLUS’s control.

3) My Obligations
a) I understand that I am responsible for determining whether a WEBPOWERPLUS phone number is within my local calling area, and for any long distance charges I may incur in connecting to WEBPOWERPLUS.
b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel.
c) I understand that WEBPOWERPLUS may change its prices from time to time, and that I will be provided with at least 30 days written or electronic mail notice of any such changes.
d) I understand that I can not use or permit other users to use the Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of WEBPOWERPLUS’s Network or other networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or
v) otherwise violate the policies referenced in this Agreement.
f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software).

4) Security
I understand that the information available through WEBPOWERPLUS’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through WEBPOWERPLUS Access’s Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that WEBPOWERPLUS makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the WEBPOWERPLUS Network, or other interconnecting networks.

5) Term and Termination
I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that WEBPOWERPLUS reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on WEBPOWERPLUS’s servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for WEBPOWERPLUS, and would likely be a cause for termination of my account. I agree to abide at all times by WEBPOWERPLUS’s then-current Usage Policies.

6) Pricing/Payments/Credits
If I have given my credit card number to WEBPOWERPLUS, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by WEBPOWERPLUS. I understand that WEBPOWERPLUS’s monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month’s basic service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I understand that the following service charges may apply:

- Credit/Debit card - declined electronic charge - $3 per occurrence
- Checking/Savings account - declined electronic charge - $12 per occurrence
- Returned Check - insufficient funds - $12 per check
- Reactivation Fee - $12 per account
- Administrative Fee - change username on existing account - $ 12 per account

I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand that if I believe I have been billed in error, I will contact Customer Service within 30 days of the invoice or transaction date. Email: customerservice@webpowerplus.com or call 1-877-932-7761.

I understand and agree that WEBPOWERPLUS shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by WEBPOWERPLUS pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service. I understand that I am responsible for all attorney and/or collection fees arising from efforts to collect an unpaid balance on a delinquent account.

7) Cancellation

To cancel your subscription you must call us at 1-877-932-7761. Please have your username available when you call.
Notice of cancellation must be received at least 5 days prior to the start of your next billing cycle. If you do not know when your account renews you may view this information by logging into the Billing Manager. Once we have received notice of your intent to cancel, we will confirm the request via U.S. mail.
Cancelled accounts are deactivated at the end of their current month's service.

8) Refund Policy

All refunds are made in full month increments only.
Refunds on specially priced offers, including those requiring a minimum service duration, which are cancelled prior to their commitment date will be refunded on a pro-rated basis at the regular service rate.
Our Special rate of $95 requires twelve (12) months of dialup service. Customers who choose to cancel their service before completing these twelve months will be refunded on a pro-rated basis using WEBPOWERPLUS's presiding monthly rate, currently $8.95 per month.

For example, if you were to cancel after six months of service, you would receive a refund of $41.30 ($95 less 6 mos @ $8.95/mo).
Setup and activation fees are non-refundable.

9) Disclaimer And Limitation Of Liability
I understand that the use of my WEBPOWERPLUS account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of WEBPOWERPLUS for any and all claims relating to the services provided by WEBPOWERPLUS, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to WEBPOWERPLUS for services within the preceding twelve months. I agree that WEBPOWERPLUS shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

WEBPOWERPLUS SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL WEBPOWERPLUS BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES WEBPOWERPLUS FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. WEBPOWERPLUS’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. WEBPOWERPLUS SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL WEBPOWERPLUS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF WEBPOWERPLUS FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO WEBPOWERPLUS FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. WEBPOWERPLUS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

10) Law And Jurisdiction
I understand and agree the laws of the State of Pennsylvania govern this Agreement and my WEBPOWERPLUS account. I expressly agree that exclusive jurisdiction for any claim or dispute with WEBPOWERPLUS or relating in any way to my account or my use of WEBPOWERPLUS resides in the courts of Pennsylvania. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Pennsylvania in connection with any such dispute, including any claim involving WEBPOWERPLUS or its affiliates, subsidiaries, employees, contractors, officers, or directors.

11) Indemnity
I agree to defend, indemnify and hold WEBPOWERPLUS and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify WEBPOWERPLUS along with any parties from whom WEBPOWERPLUS obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law.

12) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published WEBPOWERPLUS Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between WEBPOWERPLUS, Inc. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that WEBPOWERPLUS may amend or modify this agreement and/or the WEBPOWERPLUS Usage Policies, or impose new conditions at any time. Any use of WEBPOWERPLUS’s Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the WEBPOWERPLUS Access home page.

13) WEBPOWERPLUS Disconnect Policy
WEBPOWERPLUS reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by WEBPOWERPLUS through electronic means. This time is approximate and subject to change without notice in WEBPOWERPLUS’s sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. WEBPOWERPLUS reserves the right to electronically audit connections to enforce the above requirements.

WEBPOWERPLUS reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in WEBPOWERPLUS’s sole discretion. WEBPOWERPLUS reserves the right to electronically audit connections to enforce the above requirements.

14) Acceptable Use Policy

15) Email/Spam Policy

16) Privacy Policy