READ THIS AGREEMENT COMPLETELY BEFORE USING ANY XIXNET.COM, LLC SERVICE.
1. AGREEMENT
This is an agreement between xixnet.com, LLC ("xixnet.com") and you ("User") to provide
Internet Service ("Service"). By establishing an account, using the Service, using provided
software, or acknowledging acceptance through the software or web site, you agree to be
bound by the terms of this Agreement and any future revisions of this Agreement, and to comply
with the current policies of the Service. The most recent revisions will be posted on the
xixnet.com, LLC web site.
2. SERVICE
Depending on the plan for Service that you sign up for the Service may include Internet access,
software, email, web space and other features. xixnet.com may impose reasonable rules and
terms of use regarding the use of the Service.
2.1. The speed of Internet access can vary depending on your location, quality of the line, condition
and quality of wiring, Internet traffic, and other factors beyond the control of xixnet.com.
xixnet.com provides the Service on a best effort basis and does not guarantee access
speed.
2.2. Unlimited access allows as many connections per month as you wish. Persistent (continuous)
connection is not allowed. Our network detects various "keep alive" techniques and will
terminate a connection if such activity is detected. Our network will allow one login at a time.
2.3. User is solely responsible for determining if a particular dial-up number will incur long-distance,
toll, or any other charges. xixnet.com is not responsible for any toll or long distance charges
you may incur by choosing an access number that is not local. We publish these access numbers as
they are given to us from our network providers. The city listed next to a number is correct as
far as we know but you should call the local phone company and make sure it is not long distance
from the location where the number will be dialed. With over 30,000 access numbers to maintain,
it is possible to have a number mislabeled so please check the number with your local phone
company regardless of how it is listed in xixnet.com access number lists. xixnet.com has no
control over how you are billed for these numbers from the local phone company and will not be
responsible for such bills for any reason. xixnet.com reserves the right to direct you to use
certain numbers to access the Service or to restrict use of specific access numbers.
2.4 You are responsible for charges for the Service regardless of the status of your telephone service.
2.5. xixnet.com reserves the right to change features of the Service at any time.
3. ACCEPTABLE USE
It is contrary to xixnet.com policy for any user of any of these services to effect or participate in
any of the following activities through a provided service:
- To post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail
mailing lists or other similar groups or lists;
- To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list
articles which are off-topic according to the charter or other owner-published FAQ or description of
the group or list;
- To send unsolicited e-mailings (even one) to e-mail users;
- To falsify user information provided to xixnet.com or to other users of the service in connection
with use of any xixnet.com service; and
- To engage in any of the foregoing activities by using the service of another provider, but channeling
such activities through a xixnet.com account, re-mailer, or otherwise through an xixnet.com service
or using an xixnet.com account as a mail-drop for responses or otherwise using the services of another
provider for the purpose of facilitating the foregoing activities if such use of another party's service
could reasonably be expected to adversely effect a xixnet.com service. xixnet.com considers the
above practices to constitute abuse of our service and of the recipients of such unsolicited mailings
and/or postings, who often bear the expense. Therefore, these practices are prohibited by xixnet.com’s
terms and conditions of service. Engaging in one or more of these practices will result in termination
of the offender's account and/or access to xixnet.com services.
- Furthermore it is contrary to xixnet.com policy to send unsolicited emails to the xixnet.com
provided addresses of xixnet.com customers, unless the sender has a business or personal relationship
to these customers. This rule applies regardless of whether the sender is a xixnet.com
customer, or has used a xixnet.com account to send these emails.
3.1. xixnet.com may immediately remove your material or information, in whole or in part, which
xixnet.com, at its sole discretion, determines to infringe another’s property rights or to
violate our policies or other policies or laws.
3.2. Nothing contained in this Agreement shall be construed to limit xixnet.com’s actions or remedies in
any way with respect to any of the foregoing activities, and xixnet.com reserves the right to take
any and all additional actions it may deem appropriate with respect to such activities, including
without limitation taking action to recover the costs and expenses of identifying offenders and
removing them from the xixnet.com service, and levying cancellation charges to cover xixnet.com’s
costs in the event of disconnection of Internet access for the causes outlined above. In addition,
xixnet.com reserves at all times all rights and remedies available to it with respect to such
activities at law or in equity.
4. TERM OF SERVICE
If your Service has a specific initial term (like the Monthly Contract) this agreement will continue
on a month-to-month basis after the initial term is over.
With the Monthly Contract you agree to continue using the Service for at least 12 months. If you
cancel the Monthly Contract prior to the end of the first 12 month term you will be automatically
billed for the difference between Monthly Contract and Month-to-Month pricing for the number of
months your dial-up account was actually enabled and available. If a referral fee was paid when you signed up an additional $20.00 Cancellation fee will be applied to your last bill to cover any referral costs.
5. CANCELLATION
User may cancel the Service with 21 days notification prior to the User Billing Period.
Notification may be in the form of calling xixnet.com, LLC Customer Service and obtaining a
cancellation notification transaction number (CNTN), or in writing delivered by U.S. Mail or
other registered or certified delivery service. Email notification of cancellation will not
be accepted. Cancellation will be effective at the end of the User Billing Period.
5.1. xixnet.com may terminate this Agreement, your password, your account, or your use of the
Service for any reason, including, without limitation, if xixnet.com at its sole discretion,
believes you have violated this Agreement, or if you fail to pay any charges when due. Termination
notice will be by email or U.S. Mail to the address you provided for the Service. Cancellation
may be rescinded at xixnet.com's sole discretion following payment of a $10.00 reconnection fee.
5.2. Sections 5, 7, 10, 11 and 12 of this Agreement shall survive termination of this Agreement.
6. ACCOUNT REQUIREMENTS
In order to sign up and receive the Service, you must be at least 18 years old and will be
required to provide a valid credit card or other form of payment as allowed by xixnet.com
7. PAYMENT
You will be charged a monthly service fee and applicable taxes and other fees. Some Services
may also include charges for activation or early cancellation.
7.1. You must provide accurate billing information including legal name, address, telephone number,
and credit card/billing information, and report all changes to this information immediately.
7.2. You are responsible for all charges to your account. Questions regarding charges may be
directed to xixnet.com’s Customer Service department. 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.
7.3. Charges are billed to your credit card or debit card, as applicable, each month for the Service
and any additional usage, services, taxes and fees. xixnet.com is not responsible for any charges
or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges
billed.
7.4. Prices are subject to change at our sole discretion, except those accounts with contracts, quarterly
and semi-annual billing will remain at the previous rate until their next anniversary in the event of a
price change. All Past Due accounts are subject to a $10.00 administrative billing fee. User agrees to
pay all balances due for Internet access and related Internet services.
7.5. Credit cards declined due to exceeded limits or expiration date will be charged a $7.50 merchant
transaction reprocessing fee per decline, per month. It is the sole responsibility of the User to
provide xixnet.com with valid credit card information.
7.6. If cardholder reverses a charge or refuses payment Users agrees to pay a $25.00 merchant charge back
fee for each occurrence.
7.7. Delinquent accounts may be suspended or cancelled at xixnet.com’s sole discretion; however
charges will continue to accrue until the account is cancelled.
8. USERNAME, PASSWORD, AND SECURITY
Upon activation you will receive a username, password, and other account information.
8.1. User's account may not be transferred or used by anyone other than User and User's immediate family
in the same household. User will not make multiple connections to the Internet with the same account
by logging in simultaneously on two or more computers. Payment options are available for multiple
usernames on the same account. Accounts used by other parties or that show other activity in violation
of this Agreement are subject to immediate supervision or cancellation.
8.2. User agrees to indemnify and hold harmless xixnet.com from any claims resulting from User's use
or inability to use the Service.
8.3. Unauthorized reselling of services or the unauthorized connection of bulletin board services or
on-line services to the Internet via the Service is prohibited.
8.4. You must keep your password confidential so that no one else may access the Services through your
account. You must notify xixnet.com immediately upon discovering any unauthorized use of your account.
9. INSTALLATION
xixnet.COM DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY
CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH
INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION,
xixnet.COM SHALL HAVE NO LIABILITY FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS,
USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF
LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF
LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
10. DISCLAIMERS AND WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. xixnet.COM DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
xixnet.COM MAKES NO EXPRESS WARRANTIES AND WAIVES 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 xixnet.COM OR THE INTERNET GENERALLY. NO
ADVICE OR INFORMATION GIVEN BY xixnet.COM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. xixnet.COM
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, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, xixnet.COM’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE
MONTHS IMMEDIATELY PRECEDING A CLAIM.
10.1. xixnet.COM SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR
PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING;
DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE
ON OR USE OF THE SERVICES; OR MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICES;
THE USE OF THE SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,
TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS,
PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY
OF ANY MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF
xixnet.COM, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS
PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST xixnet.COM IN CONTRACT, TORT, OR ANY
OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET
OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
10.2. xixnet.COM WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT
SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF OUR CONTROL SUCH AS FIRE, POWER SURGES,
OR THE ACTS OF OTHERS.
11. JURISDICTION
This Agreement is governed by laws of the State of Colorado without regard to conflict of law provisions.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be
settled by arbitration, and administered by the American Arbitration Association under its Commercial
Arbitration Rules. Any such arbitration will be governed by Colorado law and will be held in Denver,
Colorado. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award
shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.
12. MISCELLANEOUS
This Agreement, and other Agreements and policies posted on xixnet.com’s web site constitute the entire
agreement between you and xixnet.com with respect to your use of the Service. xixnet.com may revise,
amend, or alter the Agreements at any time and in any manner. Notice of any revision, amendment, or
alteration will be posted on xixnet.com’s web site, and/or emailed.
12.1.You shall indemnify and hold harmless xixnet.com against all third party claims, demands, suits,
actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and
expenses that xixnet.com may sustain or incur by reason of any breach or alleged breach of any term
or condition of this Agreement, or xixnet.com’s other agreements and policies and for any act or
omission of you which are in any way related to the Service.
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