Internet Access Agreement


Before you begin to access the Internet through HTC TECHNOLOGIES CO. (“HTC”), you (“you”, “your”, “yourself”, and/or “subscriber”) must review the following terms and conditions of HTC Internet access service (the "Access Service"). These terms and conditions explain HTC's obligations to you, and explain your obligations to HTC when you use the Access Service and will constitute a binding contract between you and HTC (the "Agreement"). HTC is providing you with the Access Service in consideration of your agreement to abide by these terms and conditions.

I. Terms of Internet Access Agreement

1. Online Policies. To make your use of the Access Service as enjoyable as possible, HTC has developed HTC's Online Policies, which appear at the end of this Agreement and will continue to be refined and revised over time. You agree to abide by HTC's Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.

2. Account Charges. Current account charges, including billing methods, rates, and surcharges for using the Access Service, may be found in HTC's Online Policies or may be obtained by calling HTC Customer Service at 618-939-1600.

3. Revisions. You agree that HTC may: (a) revise the terms and conditions of this Agreement (including HTC's Online Policies); (b) revise its billing rates and account surcharges; and (c) modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on HTC home page at http://www.htc.net/htc_netinfo/htcterms.htm, or on notification to you by email or United States mail.

4. Termination. You agree to review the Agreement (including HTC's Online Policies) periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing HTC with written notice by United States mail, or by contacting HTC customer service via phone or email. Notice of your termination will be effective on receipt by HTC.

5. Acceptance of Revisions. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement (including HTC's Online Policies), you accept any such revisions and agree to abide by any such revisions.

6. Informative E-mails. HTC reserves the right to distribute informative e-mails to its subscribers on an ad hoc basis that HTC feels is pertinent to the quality of its service. These announcements may include information about revisions to this Agreement (including HTC's Online Policies) and/or modifications to the services provided under this Agreement or other information about HTC's services.

II. Registration Information

1. Registration. You agree to provide HTC with accurate, complete registration information, to promptly notify HTC of any changes in such information, and to verify such information as HTC may request. Registration information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to HTC in order to receive or to continue receiving services. If you do not provide HTC with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.

2. Eligibility. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

III. Internet Access Service

1. Provided Services. HTC Internet Access Service will provide you with:

(a) Limited or unlimited connectivity to the Internet, depending on which Internet plan you have chosen, through HTC Internet Access Service;
(b) No cancellation fess, unless you have agreed to a committment in excess of month to month, such as receiving free installation of an Asymmetric Digital Subscriber Line ("ADSL") in exchange of a one year service committment;
(c) Free customer technical support; and;
(d) Dial-up or ADSL Internet Access, depending on which Internet plan you have chosen. "Unlimited connectivity" is defined as "flat-rate" (i.e. non-metered) access to the Internet via HTC.

2. Personal Use. You agree that use of the Access Service is limited to your personal use. Personal use means active use by you or by another person who is either under your direct supervision or is using the Access Service with your joint participation. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the HTC network while you are not personally using the services.

3. Access at Your Own Risk. The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with HTC or any of HTC's affiliates. HTC cannot and does not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

4. Termination for Violations. You agree that HTC retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if HTC, in its sole discretion, determines that you are in violation of this Agreement and/or HTC's Online Policies. You agree that, if HTC determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that HTC will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.

5. Termination Forfeitures. YOU AGREE THAT IF HTC TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR HTC'S ONLINE POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND HTC AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that HTC is under no obligation to forward any email for an account cancelled due to a violation. HTC reserves the right to refuse the application of reapplication of any whose account has been cancelled for a violation, or anyone whom HTC suspects is acting on behalf of someone whose account has been cancelled for a violation. HTC reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.

6. Prevention of Agreement Violations. HTC reserves the right to disconnect and/or temporarily suspend an account from HTC's service without warning if in HTC's sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation of this Agreement or HTC's Online Policies.

7. Digital Millennium Copyright Act. Subject to the provisions of the Digital Millennium Copyright Act and any other applicable laws and regulations, HTC reserves the right to remove or block access to, either permanently or temporarily, any files which HTC suspects or which a third party alleges are associated with a violation of the law, this Agreement or HTC's Online Policies or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.

8. Smarthosting. HTC reserves the right to refuse "smarthosting" connectivity and other similar services and procedures to any use who owns or operates an open mail relay.

9. Retained E-mail. HTC reserves the right to remove, either permanently or temporarily, any e-mail that has been left on HTC servers for a period of 45 days or more.

10. Disconnection. If you are using a dialup connection and your connection to HTC's Access Service has not activity from the user for a period of 20 minutes, then HTC may disconnect services and end the session.

11. Telephone Charges. You are responsible for verifying that the phone number your computer is dialing in order to access the Internet through HTC is a local access number. Any telephone charges associated with our access to the Internet are solely your responsibility. HTC DOES NOT REIMBURSE OR PAY AND SHALL NOT BE RESPONSBILE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY REASON.

12. Communication Equipment. You are responsible for obtaining and maintaining any communications equipment necessary to connect to HTC, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with HTC's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and use access, and any information you disseminate through HTC services or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.

13. No Liability. By using the Access Service you agree that neither HTC nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Access Service.

IV. Content of Communications

1. Content. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on HTC's computer servers and on the Internet ("Content"). As a matter of policy, HTC does not prescreen Content placed on HTC computer servers by any of its subscribers. Moreover, HTC does not have the practical ability to monitor, review, or restrict access to Content on HTC servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations who are not HTC subscribers. HTC does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on HTC's own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability, or usefulness of any Content available to you on or through the Access Service and for all your communication on the Access Service.

2. Content Removal. You agree that notwithstanding anything herein to the contrary, HTC has the right, but not the obligation, to remove Content from HTC computer servers which HTC, in its sole discretion, determines to be in violation of this Agreement or HTC’s Online Policies.

3. Undesirable Content. You acknowledge that you may receive or be exposed to Content, goods, or services which you consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. You agree that HTC will not be liable for any action or inaction with respect to any such Content posted on or through the Access Service and the Internet.

V. Copyright and Other Rights

1. Accessible Content. The Access Service provides access to Content that is protected by copyrights, patents, trademarks, and other intellectual property rights (“Rights”) of various third parties.

2. Content Use. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

3. Third Party Materials. You agree not to upload, download, display, perform, transmit or otherwise distribute on or through the Access Service any material (including, without limitation, and Content to which you have access through the Access Service) that is subject to another party’s Rights, without that party’s express permission or unless otherwise authorized by law. You acknowledge and agree that any such unauthorized conduct: (a) may result in termination of this Agreement, and; (b) may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT HTC SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT, PATENT, OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.

4. Distribution of Materials. You agree that by posting or transmitting or otherwise distributing material to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries), you are requesting and authorizing HTC to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically (a) grant, and/or represent that owner of any such material has expressly authorized you to grant, HTC a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or (b) represent that the publication, distribution, performance and display of such material (in whole or in part) by HTC, is otherwise authorized by law.

5. Termination for Infringing Materials. With respect to any material stored on an HTC system at your direction, you acknowledge and agree that in the event that HTC receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts of circumstances from which infringement is apparent, HTC shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify HTC that such material has been removed or access denied as a result of a mistake or misidentification of the material. HTC’s policy with respect to such notices is explained in more detail in HTC’s Online Policies. You also acknowledge and agree that, under appropriate circumstances, HTC shall have the right to remove or block your access to allegedly infringing Content provided by third parties.

VI. NO WARRANTIES

1. No Warranty. THE ACCESS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HTC DOES NOT WARRANT THAT THE ACCESS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HTC 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 HTC OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY HTC ITS REPRESENTATIVES SHALL CREATE A WARRANTY. HTC AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE ACCESS SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, HTC'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE ACCESS SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID DURING A ONE YEAR PERIOD.

2. Limitation of Liability. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, HTC DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF HTC OR HTC SUBSCRIBERS; (6) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE, AND; (8) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND HTC'S CONTROL.

3. No Reliance. You may not rely on oral or written information or advice given by HTC's officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and HTC's responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by HTC to govern the use of the Access Service.

VII. Indemnification

1. Indemnity. You agree to defend, release, indemnify, and hold HTC, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Access Service.

2. Defense Assumption. You agree that HTC has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph I of this section. In such event, you shall have no further obligations pursuant to Paragraph I of this section.

VIII. Termination

1. Termination. You agree that, notwithstanding anything herein to the contrary, you or HTC may terminate this Agreement for any reason at any time.

2. Dissatisfaction. You agree that your only right with respect to any dissatisfaction with (a) any agreement term, policy, or practice of HTC in operating the Access Service, (b) any Content available on or through the Access Service or change therein, or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph I of this section.

3. File Deletion. You agree that HTC has the right, but not the obligation, to delete all programs, data, or other files on HTC computer servers that are associated with your account at the time of termination.

4. ID Modification. Only the person whose name is on the account shall have the right to change the user ID(s) and/or password(s) for the account, and/or cancel an existing account. Some restrictions may apply to your selection of user ID.

IX. Miscellaneous

1. Arbitration. Except with respect to equitable remedies which may be obtained in a court of competent jurisdiction, any dispute arising under or relating to this Agreement which the parties cannot resolve within sixty (60) days shall be directed to binding arbitration administered by, and pursuant to the commercial arbitration rules of the American Arbitration Association ("AAA") in the State of Illinois with all expenses being shared as provided in the award by the arbitrator. Judgment upon any AAA award may be entered in any court having jurisdiction. The parties agree that venue and jurisdiction for entry of any judgment or award related hereto shall lie in Monroe County, State of Illinois. Any costs incurred in the enforcement of the arbitration award shall be paid by the party against whom enforcement is sought.

2. Choice of Law. The Agreement will be governed by the laws of the State of Illinois, excluding its conflicts of law rules. You and HTC each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of Illinois and the federal courts located in the State of Illinois.

3. Entire Agreement. You agree that this Agreement and HTC's Online Policies (which are incorporated by reference) comprise the entire understanding between HTC and you, and supersede any prior agreements or correspondence between you and HTC and/or any postings or other notices from HTC with respect to the subject matter of this Agreement.

4. Force Majeure. You agree that HTC is not responsible for delays, damages or failures in performance due to causes beyond HTC's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.

5. Headings. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

6. Service Interruptions. HTC agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall HTC be held liable for any financial or other damages due to such service interruptions.

7. Severability. You agree that, if any portion of this Agreement (including HTC's Online Policies) is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

8. Non-Waiver. You agree that HTC 's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by HTC of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice HTC from exercising thereafter the same or other rights, remedies or options.HTC's Online Policies

HTC's dedication to customer service means that HTC strives to maintain an Internet Access Service ("Access Service") that provides HTC customers with an enjoyable Internet experience, and an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner. HTC's Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: HTC Account Charges; the content of the material that you may find on or through the Access Service; goods and services available online through the Access Service; and procedures for reporting complaints regarding a person's online conduct.

HTC's Online Policies, including the following list of Prohibited/Abusive Activities, are part of your subscriber agreement. Please note that if you engage in any such activities, HTC may suspend or terminate your account.

As explained in your subscriber agreement, your use of HTC Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, trade secrets, obscenity, defamation, rights of privacy and publicity, false advertising, and fraud.

In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by generally accepted rules of proper Internet conduct.

Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on the Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.

1. PROHIBITED/ABUSIVE ACTIVITIES

For purposes of the Prohibited/Abusive Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic, pictorial audio, or audio-visual form.

When using the Access Service

(a) Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(b) Fraud. You agree not to post or transmit any fraudulent content on or through the Access Service. This includes any content that you know or have reason to know is false, and that you intend for others to rely on.
(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose. You further agree not to involve or associate HTC in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an HTC-hosted web page and unsolicited advertisements sent from another service provider which request that replies be sent to an HTC email address.
(e) Copyright and Patent Violations. You agree not to post or transmit on or through the Access Service any content that infringes another person's or entity's copyright or patent in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any content that inftinges, dilutes or otherwise violates another person's rights in its trademarks, service marks, trade dress, or other indicia of origin.
(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(h) Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Access Service.
(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or other-wise objectionable content.
(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an HTC official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.
(1) Inappropriate Content. You agree not to post or transmit on or through the Access Service content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service. (n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.
(o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.
(q) Abuse of HTC Procedures. You agree not to make false or unverified complaints against any HTC subscriber, or otherwise abuse any of HTC Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse HTC's system, or any other system accessible through the Internet via HTC, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at HTC or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(s) SPAM. You agree not to post or cross post, regardless of content, copies of the same message to 20 or more newsgroups.
(t) Support Abuse. You agree not to harass, threaten or abuse authorized representatives of HTC, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse HTC's support services.
(u) Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of HTC or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet. You are responsible for ensuring that any hardware and/or software you use in connection with posting and transmitting is compatible with HTC's requirements and other applicable laws and regulations.
(v) Reselling. You agree not to resell HTC services or products without an express written agreement with HTC to do so.

2. CONTENT OF ONLINE MATERIAL

HTC Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on HTC computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods, and services that you may find improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, HTC does not pre-screen Content placed on HTC computer servers by any of its subscribers. Moreover, HTC does not have the practical ability to monitor, review, or restrict access to Content on HTC servers prior to its transmission or to monitor all communications between parties. Thus, there may be Content on HTC servers which may violate HTC rules, and you may receive offensive and unsolicited Content that HTC cannot control.

HTC retains the right to remove Content from HTC servers that violates its subscriber agreement (including these On-Line Policies). In particular, HTC reserves the right to remove or block access to material if it receives appropriate notice that such material infringes the proprietary rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent. However, the Access Service provides access to users who are not a part of HTC Access Service and HTC does not have the capability to monitor, review, remove or restrict access to any Content made available by third parties on the Internet.

Accordingly, HTC cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. HTC suggests that concerned parents consider using one of the commercially available software programs capable of restricting access to sexually explicit material on the Internet. However, no parental control software is perfect. Your use of such software is solely at your own risk. HTC makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

3. PRIVACY OF COMMUNICATIONS

HTC intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that HTC has the right, but not the obligation, to monitor or disclose the contents of private communication, if HTC, in its sole discretion, reasonably believes that such action is necessary: (a) to comply with applicable law or valid legal process; (b) to protect HTC rights or property; or (c) in emergencies when a person's physical safety is at issue.

In addition, HTC reserves the right under appropriate circumstances to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.

4. ONLINE GOODS AND SERVICES

HTC does not control or take responsibility for any Content, goods, or services which independent third parties may available on or through the Access Service. Subscribers may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. Please remember that HTC does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content, goods, or services, and your use thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product or service through the Access Service. HTC will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. HTC assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. HTC disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.

5. ACCOUNT CHARGES

Account Charges. Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If you terminate your account, you will receive a prorated refund for any access time credited to your account. However, if your account is terminated by HTC because of violations of HTC's subscriber agreement (including these Online Policies), you will not be entitled to a prorated refund, such forfeiture being agreed to you and HTC as liquidated damages and not as a penalty.

Account Responsibility. You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify HTC of a breach of security by calling HTC at 618-939-1600 and change your password. Please be advised that the contact person or listed owner of the HTC Internet Account is solely responsible for activities conducted through, on or with their HTC Internet Account, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner. If you, or someone to whom you have given access to your account, violates the HTC Internet Access Agreement, your account may be terminated.

Credit Card Usage. If you pay by credit card, you expressly authorize HTC to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize HTC to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. HTC may immediately terminate your account, in HTC's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.

Billing Cycle. Billing will begin on the date you purchase the Access Service. Subsequent billing will begin on one of the three standard HTC monthly billing cycles. Billing cycle is determined by Access Service start date and/or service location. Access Services are billed in advance coinciding with a standard HTC monthly billing cycle. Partial charges may apply on the first monthly billing based on actual Access Service start date and actual standard HTC monthly billing cycle. Based on the Access Service start date and actual standard HTC monthly billing cycle, first billing period may exceed one monthly period.

Payment. If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by HTC prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within ten (10) days after the date of your invoice. If your account is still unpaid thirty (30) days after the date of your invoice, you may have your Access Service interrupted or terminated.

Nonpayment. If any instrument received in payment is returned to HTC unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account'will relieve you of your obligation to pay your monthly account charges.

Default. You agree that an interest rate of 1.5% compounded monthly, or the maximum allowable rate under state law, will apply to any amounts you continue to owe to HTC after the due date for such amounts has passed. HTC will clarify the due date applicable to your payments in your invoice. You agree that, if you default on your account, HTC may assign unpaid delinquent charges to a collection agency for action. In the event HTC resorts to a collection agency, or takes other legal action to recover amounts you owe, you agree to reimburse HTC for all legitimate expenses actually incurred in recovering such amounts (including attorney's fees).

Usage Agreement Continued