I understand that MOBIS may change it's prices and
policies at any time, and I will be notified via electronic mail at least 15 days in
advance of any changes. In the event that my account is terminated or canceled,
online time credited to my account is not convertible to cash or other form of
credit. If MOBIS does not receive the full amount of my MOBIS service account
balance within thirty (30) days of the invoice date or billing date, an additional 1.5% or
the highest percentage allowed by law (whichever is less), of the outstanding balance will
be added to my bill as a late charge for each month and shall be due and payable. I
shall also be liable for all attorney and collection fees arising from MOBIS's efforts
to collect any unpaid balance from my account(s).
I understand that I am responsible for all charges (e.g.
telephone) associated with connecting to the MOBIS service through an available access
number. I am responsible for obtaining or providing all telephone access lines,
telephone and computer equipment (including modem), or other access device, as necessary
to access the MOBIS service.
I agree to conform to all local, state and federal laws and
regulations applicable to the use of my Internet service account.
I understand that my account is my personal account, to be
used only by me. I agree to keep my password confidential and not disclose or share it
I agree not to attempt to access any systems or networks to
which I am not authorized to access.
I understand that the information available through the
Internet may not be accurate. I UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE. I ACCESS SUCH MATERIALS
AT MY OWN RISK. MOBIS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH
I understand that communication on the Internet is not
secure, and may be subject to interception or loss.
I understand that this service account and dial-in access
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,
non-infringement or implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by MOBIS shall create a warranty. MOBIS
does not warrant that the service will be uninterrupted or error-free or that any
information, software or other material accessible on the service is free of viruses,
worms, Trojan horses or other harmful components.
UNDER NO CIRCUMSTANCES SHALL MOBIS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN
ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY
PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED
ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE
If you are dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines, or practices of the Internet Access Service from
MOBIS, your sole and exclusive remedy is to discontinue using the service.
I understand that MOBIS 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 also understand that the use of the MOBIS Internet Account may be
revoked by the administrators of the system at any time for abusive conduct.
Such conduct would include, but not be limited to, the placing of unlawful information
on the system, and the use of obscene, abusive or otherwise objectionable language
in either public or, upon registration of complaint, private messages. The staff
of MOBIS will be the sole arbiter of what constitutes obscene, abusive,
or objectionable language. MOBIS reserves the right to review any material
stored in files and will edit or remove any material which the staff, in its
sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable.
We offer unlimited access to the Internet through our dial-up accounts. This
means that you are free to dial into the Internet using our service at any time
of the day or night and on any day of the year, and you may do so on an unlimited
basis for as long as you are at your computer or other Internet access device
and are actively using the connection for e-mail, browsing the Web, chat, usegroups,
etc. Dial-up service is not intended for long-term connections.
Perhaps the easiest way to understand what we mean by "dial-up" is to use
the analogy of a telephone call. When you call another party, you keep that
connection open for as long as you need to complete your conversation. However,
once you have completed it, you are expected to hang up and not leave the connection
open "in case" you want to talk with that party again. This same principle applies
to dial-up Internet usage.
Based on our experience with a large number of users, we interpret a "long-term"
connection to be a session of 6 hours or longer. In the event that your sessions
regularly exceed 6 hours, we reserve the right to charge you; to require that
you upgrade your service to an unrestricted, dedicated connection, or to terminate
Using any means to keep a connection open other than through normal Internet
usage is not permitted. If you find that you need a full-time unrestricted connection,
please contact us to upgrade your account.
I acknowledge that I am expressly prohibited from utilizing
the MOBIS service, MOBIS's equipment, or any MOBIS electronic mail address in
connection with the sending of the same or substantially similar unsolicited electronic
mail message, whether commercial or not, to a large number of recipients. This
prohibition extends to the sending of unsolicited mass mailings from another service which
in any way implicates the use of the MOBIS service, MOBIS's equipment or any
MOBIS electronic mail address.
A message is unsolicited if it is posted in violation of a
USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or
invited the message. For purposes of this provision, merely making one's e-mail
address accessible to the public shall not constitute a request or invitation to receive
I specifically agree that I will not utilize the MOBIS service,
MOBIS's equipment or any MOBIS electronic mail address in connection
with the transmission of the same or substantially similar unsolicited message
to 50 or more recipients or 15 or more USENETs or newsgroups in a single day.
For each day upon which this provision is violated, I agree to pay MOBIS
damages to compensate for the lost goodwill such a violation causes. I
agree to pay MOBIS $100 (US) per day for an unintentional violation of the
provision, but where warranted, such as in the case of accidental transmission,
MOBIS may waive all or part of the application charge. In cases of
willful violations of this provision, I agree to pay MOBIS $200 (US) per
day. MOBIS at its sole discretion shall determine whether a violation
was unintentional or willful. Payment by me under this provision does
not prevent MOBIS from seeking to obtain other legal remedies against me,
including other damages or an injunction.
MOBIS will not monitor or disclose the contents of its members' private
communications unless required to do so by law or in the good faith belief that
such action is necessary to protect and defend MOBIS rights or property,
or under extreme circumstances, to protect the personal safety of its members
or the public.
This agreement represents the complete agreement between
MOBIS, and myself, and supersedes any other written or oral agreement.