BY USING THE ETHIXS ONLINE SERVICE, YOU ACKNOWLEDGE THAT IT’S PRIMARY PURPOSE IS TO BLOCK ACCESS TO CERTAIN INTERNET SITES, BASED ON THE POSSIBILITY THAT THOSE SITES CONTAIN MATERIAL WHICH MAY BE OFFENSIVE OR OBJECTIONABLE ACCORDING TO THE SUBJECTIVE STANDARDS OF ONLINE SERVICES. AS A RESULT CERTAIN SITES MAY BECOME UNAVAILABLE TO YOU EVEN THOUGH YOU MAY NOT DEEM THE CONTENTS OF THOSE SITES EITHER OFFENSIVE OR OBJECTIONABLE. ALSO, ONLINE SERVICES CANNOT AND DOES NOT GUARANTEE THAT SITES WILL BE BLOCKED WHICH YOU OR ANY OTHER PERSON DEEM OFFENSIVE OR OBJECTIONABLE. ONLINE SERVICES DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
ETHIXS ONLINE WILL NOT UNDER ANY CIRCUMSTANCES BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR
LOSS OF USE OF THE SERVICE, DUE TO ANY CAUSE, EVEN IF ONLINE SERVICES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ONLINE
SERVICES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (WHETHER BASED ON
CONTRACT, TORTE, OR OTHER THEORIES) WILL BE LIMITED TO THE AMOUNT YOU
ACTUALLY PAID FOR THE SERVICE DURING THE MONTH IN QUESTION. SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
WE WANT YOU ON THE TEAM
BY USING ETHIXS ONLINE, YOU ARE AGREEING TO HELP ETHIXS ONLINE BATTLE OBJECTIONABLE MATERIAL ON THE INTERNET. ETHIXS ONLINE WILL MAKE EVERY REASONABLE EFFORT TO BLOCK OFFENSIVE SITES. HOWEVER, NEW SITES ARE BEING ADDED EVERY DAY AND THERE IS A POSSIBILITY SOME SITE(S) MIGHT NOT GET DETECTED BY US RIGHT AWAY. IF YOU SHOULD ENCOUNTER AN OBJECTIONABLE SITE, PLEASE LET US KNOW IMMEDIATELY. IF IT QUALIFIES FOR SCREENING ACCORDING TO OUR STANDARDS, WE WILL PUT IT ON THE "BLOCKED" LIST AS SOON AS POSSIBLE. SIMPLY E-MAIL THE WEB SITE ADDRESS TO ONLINE SERVICES AT: SitePatrol@ETHIXS.com. TOGETHER, WE CAN KEEP THE INTERNET A SAFER PLACE FOR ALL OUR MEMBERS.
TERMS OF AGREEMENT (ACCOUNTING)
ETHIXS ONLINE RESERVES THE RIGHT TO CHARGE A RENEWING CUSTOMER'S CREDIT CARD OR CHECKING CARD UP TO 10 DAYS IN ADVANCE OF THEIR RENEWAL DATE (ANNIVERSARY DATE).
IF A CUSTOMER'S CREDIT CARD IS DECLINED ETHIXS ONLINE WILL NOTIFY THE CUSTOMER BY EMAIL. IT IS THE CUSTOMER'S RESPONSIBILITY TO NOTIFY ETHIXS' ACCOUNTING DEPARTMENT IF THERE ARE ANY CHANGES IN PHONE NUMBERS AND/OR ADDRESSES, CHANGES IN CREDIT CARD NUMBERS, AND/OR CHANGES IN EXPIRATION DATES. ONLINE SERVICES WILL GIVE THE DECLINED ACCOUNT UP TO 5 BUSINESS DAYS TO RESPOND. IF THERE IS NO RESPONSE WITHIN 5 BUSINESS DAYS OF NOTIFICATION, THE CUSTOMER'S ACCESS TO THE INTERNET WILL BE BLOCKED. ONLINE SERVICES WILL CONTINUE TO SUBMIT THE DECLINED CREDIT CARD FOR 10 DAYS AFTER THE ORIGINAL DECLINED DATE. IF THE CARD ISN'T ACCEPTED WITHIN 10 DAYS OF THE INITIAL DECLINED DATE, THE ACCOUNT WILL BE BLOCKED FROM THE USER'S ACCESS. THE TOTAL AMOUNT OWED MUST BE PAID BEFORE THE ACCOUNT CAN BE UNBLOCKED. ONLINE SERVICES RESERVES THE RIGHT TO BLOCK ANY UNPAID ACCOUNT ON THESE GROUNDS. ETHIXS ONLINE WILL NOT BE HELD LIABLE TO PAY OR CREDIT ANY UNUSED TIME AS A RESULT OF THIS BLOCKING.
IF A CUSTOMER WHO PAYS BY CHECK DOESN'T PAY THEIR INVOICE ON TIME, THE ACCOUNT WILL BE BLOCKED FROM THE USER'S ACCESS. THE SAME BLOCKING RULES APPLY AS STATED ABOVE FOR CREDIT CARD CUSTOMERS.
IF A CUSTOMER PAYS BY CHECK, ETHIXS ONLINE MUST RECEIVE AN INITIAL CHECK BEFORE SENDING OUT INVOICES. ALL INVOICES WILL BE SENT OUT 10 DAYS PRIOR TO THE CUSTOMER'S ANNIVERSARY DATE. IT IS THE CUSTOMER'S RESPONSIBILITY TO PAY BY THE DUE DATE STATED ON THE INVOICE (NO "LEEWAY TIME" IS GIVEN IF THE CHECK IS LATE). IF A CHECK BOUNCES, ETHIXS ONLINE RESERVES THE RIGHT TO CHARGE THAT ACCOUNT ANY FEES INCURRED AS A RESULT.
A $25 FEE WILL BE CHARGED TO ANY CUSTOMER WHO BREAKS A 6 MONTH OR YEARLY CONTRACT. THIS INCLUDES ANY AND ALL CUSTOMERS WHO SIGN ON WITH ONLINE SERVICES STARTING 8/9/99. IF A CUSTOMER DECIDES TO PAY 6 MONTHS IN ADVANCE OR 1 YEAR IN ADVANCE OF SERVICE, THAT CUSTOMER AGREES AND ACKNOWLEDGES THIS $25 FEE FOR BREAKING THE CONTRACT BEFORE THE RENEWAL OF THE ANNIVERSARY DATE.
WHEN A CUSTOMER CHOOSES A QUARTERLY, SEMI-ANNUAL, OR YEARLY PACKAGE, THAT SAME PACKAGE WILL BE CHARGED AGAIN WHEN THE TIME LIMIT IS EXPIRED. FOR EXAMPLE, IF A CUSTOMER CHOOSES A SEMI-ANNUAL PACKAGE ON 6/1/99 BY CREDIT CARD, ON 12/1/2000 THE CUSTOMER WILL BE CHARGED FOR A SEMI-ANNUAL PACKAGE, UNLESS OTHERWISE NOTIFIED BY THE CUSTOMER.
ETHIXS ONLINE IS AN INTERNET SERVICE PROVIDER, THEREFORE ETHIXS ONLINE WILL COMMUNICATE ANY CHANGES IN PRICING THROUGH EMAIL AND/OR CREATE A LINK ON OUR HOMEPAGE FOR CUSTOMERS TO VIEW. IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE THEIR EMAIL FUNCTIONS AND TO CONTACT OUR TECHNICAL SUPPORT DEPARTMENT IF IT DOESN'T. IT IS ALSO THE CUSTOMER'S RESPONSIBILITY TO READ ANY EMAIL SENT BY OUR STAFF AND TO RESPOND AS NECESSARY.
ANY REQUESTS FOR CREDITS FROM A CUSTOMER PAYING BY CREDIT CARD MAY TAKE UP TO 30 DAYS TO PROCESS. INVOICING CUSTOMERS REQUESTING CREDIT MAY TAKE UP TO 14 BUSINESS DAYS TO PROCESS.
SERVICE CREDITS CANNOT BE EXCHANGED FOR CASH VALUE.
ETHIXS ONLINE CANNOT CREDIT ANY CARD FOR USED SERVICE IN EXCHANGE FOR CHARGING A DIFFERENT CREDIT CARD IN THE SAME BILLING PERIOD (I.E. AFTER YOUR DISCOVER CARD HAS BEEN CHARGED FOR ONE MONTH'S SERVICE, THAT SERVICE CHARGE CANNOT BE CREDITED AND THEN CHARGED TO A DIFFERENT CARD).
ETHIXS ONLINE CUSTOMERS ARE RESPONSIBLE FOR LONG DISTANCE CHARGES ACCRUED BY COMPUTERS DUE TO CONSUMER NEGLIGENCE (NOT CONTACTING THEIR PHONE COMPANY TO ENSURE THAT THE PHONE NUMBER IS LOCAL).
ANY EXTRA CHARGES WILL NOT BE ADDED TO THE ACCOUNT UNLESS THE CUSTOMER IS CONTACTED BY EMAIL.
REFERRALS WILL BE ISSUED ONLY IF THE CUSTOMER REFERRED STAYS WITH ONLINE SERVICES FOR A PERIOD OF 60 DAYS OR LONGER.
ETHIXS ONLINE RESERVES THE RIGHT TO DELETE ALL EMAIL HELD ON OUR SERVERS PAST 90 DAYS. ONLINE SERVICES CANNOT BE HELD RESPONSIBLE FOR ANY EMAIL DELETED IN THIS FASHION.