DeFuniak Online: Dial Up Access ISP, Web Hosting, Web Design, and More Web Services

Terms and Conditions

Internet Service Agreement

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. INTRODUCTION

DeFuniak OnLine ("OnLine") provides its Internet services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Members"), as well as to those who access some of our S ervices but do not have accounts ("Visitors"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy, and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services, and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS

Members must be at least 18 years old. Local-access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll or oth er charges. OnLine is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for OnLine's services are posted throughout our website at www.dfsi.net. These rates may also be obtained by calling (800) 757 -1892. OnLine reserves the right to change prices and institute new fees at any time upon 30 days' prior notice.

3. PAYMENT OBLIGATIONS OF A MEMBER

(a) Members must (i) provide DeFuniak OnLine with accurate and complete billing information, including legal name, address, telephone number, and credit card/billing information, and (ii) report to OnLine all changes to this informati on within thirty (30) days of the change. Members are responsible for any charges to their accounts.

(b) Members who have questions regarding charges to an account should contact DeFuniak OnLine's Customer Service Department at (850) 892-6910. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

(c) Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and for any additional usage or services. DeFuniak OnLine is not responsible for any charges or expenses (e.g., for overdr awn accounts, exceeding credit card limits, etc.) resulting from charges billed by DeFuniak OnLine.

(d) If paying by check, payments are due within fifteen (15) days after billing.

(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(f) If you purchase Services through a reseller who in turns pays DeFuniak OnLine, the reseller must pay all amounts owing for your account. If the reseller fails to pay DeFuniak OnLine any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

(g) Delinquent accounts may be suspended or canceled at DeFuniak OnLine's sole discretion; however, charges will continue to accrue until the account is canceled. DeFuniak OnLine may bill an additional charge to reinstate a suspended account.

(h) All accounts are under the Anniversary Billing system. This means that you will be charged on the same day of the month as on the month you initially signed up for DeFuniak Online services. Late and Non- Payments have incurrent pe nalties:

2 days late/non-payment: Account Suspension
7 days late/non-payment: Account Closed until Paid
12 days or more late/non-payment: Account Completely Closed

(i) Account cancellations and refund requests should be made at least two days prior to billing date. Cancellations and refund requests made after are effected on the next billing date.

There are additional charges for wrong chargebacks and bounced checks:

Chargebacks
For all accounts in the event of a chargeback, DeFuniak OnLine will immediately suspend the account upon notification of the credit card company and an investigation will immediately occur. If the chargeback is deemed to be erroneous the user agrees to pay DeFuniak OnLine a fee of $35 in the form of a check which can be drawn out of any US bank. The $35 charge should be settled immediately if the user opts to retain the service, DeFuniak OnLine shall only process the reinstatement of the account upon receipt of the payment.
Retrievals
For all accounts in the event of a retrieval, DeFuniak OnLine will immediately suspend the account upon notification of the credit card company and an investigation will immediately occur. If the retrieval is deemed to be erroneous the user agrees to pay DeFuniak OnLine a fee of $35 in the form of a check which can be drawn out of any US bank. The $35 charge should be settled immediately if the user opts to retain the service, DeFuniak OnLine shall only process the reinstatement of the account upon receipt of the payment.
Bounced Check -- An additional $25 service fee on top of the amount to be paid.

Charges not disputed within 60 days are considered valid and legitimate. We only accept checks/money order payments for advance payments modes. For other payment modes, please contact us.

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY

Upon registration, a Member receives a username, password and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your OnLine account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify OnLine immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. E-mail accounts exceeding 10MB in size may, at OnLine's discretion, be transferred to a compressed temporary file or storage. OnLine may delete the temporary file from the server sixty (60) days after notifying you. Any free Web site exceeding 6MB may be suspended until the Member reduces the disk space usage to 6MB or less, or purchases additional megabytes. Any fre e Web site exceeding 250MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling (800) 757-1892. Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection. OnLine may change its POP numbers at any time. OnLine reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and e-mail addresses are OnLine's prop erty and OnLine may alter or replace them at any time.

5. MONITORING THE SERVICES

OnLine has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if OnLine, in its sole discretion, believes that it is reasonable to do so, including to: satisfy la ws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. OnLine may immediately remove your material or information from OnLine's servers, in whole or in part, whi ch OnLine, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ONLINE, ONLINE DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ONLINE HAS NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET, AND ARE SOLELY RESPONSIBLE FOR EVALUAT ING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED, THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ONLINE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONLINE MAKES NO EXPRESS WARRANTIES AND WAIV ES ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ONLINE OR THE INTERNET GENERALLY. NO A DVICE OR INFORMATION GIVEN BY ONLINE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ONLINE AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET, INCLUDING ANY INDIRECT, INC IDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, ONLINE'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.

8. WEB SITE USAGE

Our site on the World Wide Web with its home pages in the domain "http://www.dfsi.net/," or any other site operated by OnLine (the "Web site"), is a complimentary information service offered by OnLine at no charge to users. We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site, which has an address (or URL), which does not contain "http://www.dfsi.net/" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by OnLine of the organization or individual operating the Web site, or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that:

(a) the link must be clearly marked "OnLine";

(b) the link must "point" to the URL "http://www.OnLine.com" and not to any other pages within the Web site;

(c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s);

(d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by OnLine;

(e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site; and

(f) OnLine may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by OnLine.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored or moderated by OnLine. OnLine assumes no responsibility and makes no warranty that it will undertake to s creen or remove such material. You agree to hold OnLine harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat ro oms or discussion areas, you will indemnify OnLine from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. OnLine will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other har mful code onto the Web site.

Your posting of material on the Web site or providing material to OnLine to use on the Web site will be deemed to be a grant by you to OnLine of a license to the material to include the material on the Web site and to reproduce, publi sh, distribute, perform, display, and transmit the material, and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

9. TERM OF AGREEMENT

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclu sive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

10. TERMINATION

You may terminate your account at any time and for any reason by providing notice of intent to terminate to OnLine by:

· Registered or Certified Mail, Return Receipt Requested, addressed to DeFuniak Online Inc., Accounts-Customer Service, 1342 Colonial Blvd. Ste. 14C, Fort Myers, FL 33907;

· Telephone call directed to Accounts-Customer Service at (877) 820-8236; or

· Termination via e-mail of your basic Internet access account will not be accepted - you must call (941) 790-7900 in Lee County, or (877) 820-8236 for all other areas. To terminate DSL service, you must call (800) 757-1892. To termin ate Web Hosting and/or Business Services, you must call (941) 790-7900 in Lee County, or (877) 820-8236 for all other areas. Your termination will only be complete upon your receipt of a cancellation confirmation number from OnLine. Charges to your accoun t will stop accruing the day OnLine provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. E-mailed cancellation requests will n ot be accepted. If your account includes space on OnLine's servers, anything stored on this space will be deleted upon termination.

Without prior notice, OnLine may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if OnLine, in its sole discretion, believes you have violated this Agre ement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. OnLine may provide termination notice to you by: E-mail addressed to your e-mail account or by U.S. Mail or courier service to the addre ss you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commerc ial courier service. Sections 3, 4, 6 and 11 of this Agreement shall survive termination of this Agreement.

11. JURISDICTION

Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 "N" Street, #501, Sacramento, CA 95814, or by telephone at 916.445.1254. This Agreement is governed by Florida law, without regard to conflict-of-law provisions.

The federal and state courts located in Broward County, Florida alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Broward County, Florida with respect to such matters or otherwise between you and OnLine, and waive your rights to removal or consent to removal.

12. MISCELLANEOUS

This Agreement, the Acceptable Use Policy, the Privacy Policy and OnLine's other user policies posted on OnLine's Web site, constitute the entire agreement between you and OnLine with respect to your use of the Services. OnLine may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment or modification will be posted on OnLine's Web site http://www.dfsi.net/ and/or by e-mail and/or in our various publications and mailings to Members.

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