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- MINDSPRING ENTERPRISES, INC. SERVICE AGREEMENT
-
- If I have given my credit card number to MindSpring, I understand that
- charges will be billed to my credit card each month for the basic service
- and any additional usage. I authorize this automatic billing by MindSpring.
- MindSpring's billing cycle follows the calendar month, with the basic
- service fee for each month charged at the beginning of the month along with
- additional usage fees from the prior month. I understand that I may cancel
- my account at any time effective the end of that billing cycle. If I am not
- satisfied and wish to cancel my account within 30 days of the day MindSpring
- activates my accounrt, I may do so and receive a full refund of all
- money paid by returning all MindSpring startup materials in good condition
- within those first 30 days and signing a statement certifying that I have
- kept no copies of any of the MindSpring startup materials, either software
- or hardcopy. I understand that MindSpring may change its prices from time to
- time, and that I will be provided with 15 days written or electronic mail
- notice of any such changes.
-
- I agree to maintain my password as private and confidential information. I
- agree to use my MindSpring account in a way that conforms with all
- applicable laws and regulations. I specifically agree not to make any
- attempt to gain unauthorized access to any other systems or networks. I
- understand that the information available through MindSpring or
- interconnecting networks may not be accurate. I understand that the some of
- the information available through MindSpring or interconnecting networks may
- be intended for adult audiences. I understand that internetworking
- communications are not secure, and may be subject to interception or loss.
- MindSpring Enterprises, Inc. makes no warranties of any kind, either
- express, implied, or statutory concerning the data or information available
- through the MindSpring network. I understand that the use of my MindSpring
- account, and any data or information accessed using that account, will be
- completely at my own risk. I understand that the cumulative liability of
- MindSpring for any and all claims relating to the services provided by
- MindSpring, in contract, tort, or otherwise, shall not exceed the total
- amount of the basic service fees paid to MindSpring for services within the
- prior year. I agree that MindSpring shall have no liability for the
- services, data or information made available to me, including any liability
- for any consequential, indirect, special or incidental damages regardless of
- the success or effectiveness of other remedies. I understand that MindSpring
- 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. 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
- MindSpring, and would be a likely cause for the termination of my account.
-
- This agreement represents the complete agreement between MindSpring
- Enterprises, Inc., and myself, and supersedes any other written or oral
- agreement. The terms of this agreement may only be changed in writing and
- any changes must be signed by both MindSpring and myself to be effective.
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