Terms of Service
SERVICE AGREEMENT BETWEEN MCM SYSTEMS AND YOU, THE USER.
GENERALLY
All provisions of this Agreement apply to the User's Principal Account and any additional accounts billed to the Principal Account.
The benefits of or rights conferred by this agreement are non-transferable. Use of Internet Access accounts is expressly limited to the individual or business whose name appears on this Agreement.
User is responsible for all hardware and software necessary to connect to the Internet. MCM Systems can provide copies of shareware software, but does not provide tech support for either the software or user's hardware. We can provide you with a list of our recommended minimum hardware and software requirements.
User agrees to use the service in a manner consistent with any and all applicable state and federal laws and regulations. This agreement is made in and shall be construed under the laws of the United States and the State of Missouri. User agrees that this agreement is made in Randolph County, Missouri and that user grants consent to jurisdiction to the Courts of Randolph County, Missouri should any aspect of this agreement or the user's use of the Internet be subject to litigation. User expressly agrees that his or her account may be suspended or terminated, without notice, if the User breaches any part of this Agreement.
If User is less than 18 years of age, this agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of User's account(s).
User is responsible for all use of User's account(s) and confidentiality of password(s).
MCM SYSTEMS will suspend access or change access to User's accounts immediately upon notification by User that his or her password has been lost, stolen, or otherwise compromised. The INTERNET IS NOT SECURE and, absent a written agreement to the contrary involving a secure server, MCM SYSTEMS cannot and will not guarantee the privacy of any User's account. Encryption software is available to help you.
BILLING
User is responsible for all long-distance charges for connecting directly to mcmsys.com or to a Tymnet, SprintNet or other network access node.
User agrees to pay MCM SYSTEMS all charges relating to the use of User's account(s) according to rates and prices published at the time the service is used. Online rates and pricing are incorporated into this Agreement by reference.
Access is subject to credit limits established by the issuer of User's credit card and by MCM SYSTEMS. We may suspend User's access to the service if User exceeds his or her credit limit unless prior arrangements have been made.
User is responsible for charges at the time the service is used and MCM SYSTEMS may apply the amount due to User's credit card at any time.
MCM SYSTEMS reserves the right to charge your account a 1.5% , compounding monthly, liquidated damage charge and late fee for any and all delinquent accounts. User expressly agrees that User will pay all reasonable costs of collection including court costs and reasonable attorney's fees.
MCM SYSTEMS reserves the right to suspend access to service for User's account(s) for repeated delinquent payments or declined charges.
Payment is due in advance on your anniversary date. Credit card payment is preferred and will be charged on your anniversary date. If paying by check, service may be suspended at any time without notice if payment is not received.
INTELLECTUAL PROPERTY
Much of the information available on the Internet is patented, copy written or trademarked and the property of the copyright, trademark or patent holder. Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copy written, trademarked or patented material to any third party without the express written permission of the owner(s) of the intellectual property. MCM SYSTEMS will suspend any User's account upon receipt of notice of a User's potential or actual infringement of intellectual property laws. User agrees to indemnify and hold harmless MCM SYSTEMS and mcmsys.com from any infringement User's potential or actual infringement of applicable intellectual property laws.
LIMITATION OF LIABILITY
MCM SYSTEMS will use its best efforts to provide you, the User, with continuous, high quality Internet access. The Internet is a decentralized network of computer systems throughout the world. There is no "Internet Administrator" or "SYSOP" over the whole Internet, and because of the decentralized nature of the Internet the quality and availability of any particular service or services is highly variable. As such MCM SYSTEMS and mcmsys.com cannot guarantee you that the particular service or services will always be available. Consequently, Internet access is provided "AS IS" without warranty of any kind. Further, MCM SYSTEMS and mcmsys.com does not warrant, guarantee or make any representations regarding the use, or the results of the use of the service. In the event that MCM SYSTEMS and mcmsys.com is unable to perform any of its obligations under this Agreement because of natural disaster, actions or decrees of governmental bodies or communication line failure not the fault of the affected party, the party who has been so affected immediately shall give notice to the other party and where MCM SYSTEMS is able to do so, it shall use its best efforts to resume performance. You, the User, have the sole remedy of the return of your fee for the time that all of your access to the Internet service is interrupted by the failure of MCM SYSTEMS and mcmsys.com to provide you with access to the Internet network.
OPERATION
MCM SYSTEMS reserves the right to change, without notice, certain aspects of the service, including but not limited to: access procedure, hours of operation, menu structure, commands, documentation and services offered.
MCM SYSTEMS reserves the right to delete User's account(s) when not accessed for more than one (1) year.
LEGAL
Entire Agreement and Amendments. This agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein. This Agreement shall not be varied in any particular or respect except by a written instrument executed in the same manner and formality as this Agreement is executed.
Severability. In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. If such provision shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.