CMBiz.net Terms & Conditions
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and Disclaimers CMBiz.net shall not be responsible for any errors or omissions contained on the CMBiz.net web site, and reserve the right to modify or delete content without notice. It is the intention of CMBiz.net , for the information and data contained in the CMBiz.net web site to be accurate and reliable. CMBiz.net disclaims all warranties and/or conditions, express/implied or otherwise as to any matter whatsoever relating to or referenced by the CMBiz.net web site. Including but not limited to the implied warranties and/or conditions of merchantability or satisfactory quality. In no event shall CMBiz.net be liable for any damages whatsoever, and in particular CMBiz.net shall not be liable for special, indirect, consequential, or incidental damages, or damages for loss profits, loss of revenue, or loss of use, arising out of or related to the CMBiz.net web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. TERMS AND CONDITIONS General Information: This Agreement is between CMBiz.net and the customer or subscriber who is registered on the account and/or is paying for the account, hereafter referred to as the User. This Service Agreement applies to all services provided by CMBiz.net . CMBiz.net of Missouri makes no claims and accepts no responsibility for the accuracy or content of material found on the Internet. Upon use of CMBiz.net Internet’s service, acceptance, and/or payment to CMBiz.net shall hold one in agreement to the terms and conditions of this Service Agreement. Your initial connection to the Internet, through the use of CMBiz.net Internet’s services, signifies your acceptance of these Terms and Conditions. CMBiz.net reserves the right to modify and/or change this agreement as deemed necessary. Your use of the CMBiz.net Internet’s Service signifies that you agree to be legally bound and to abide by the terms and conditions of this User Agreement. All user sessions are for attended interactive use only. The user is not permitted to run any type of server with Basic Internet access. CMBiz.net reserves the right to disconnect idle connections. The user is not permitted to keep the session alive via means such as an aggressive e-mail program that checks mail automatically in predetermined time intervals, or any other program, which periodically sends data to our system to keep connections alive, if the user is not actively using their computer. Users who stay connected for exceptionally extended periods of time may be disconnected and or asked to purchase a Dedicated Connection. Unlimited access does not mean a 24 hour connection to the Internet and connections over 4 hours may be questioned. Dial up access is limited to one dial up session per paying account. Multiple logins are strictly prohibited and are subject to account termination. Access will be suspended and will be turned over to the authorities for running port probe software and or software used in hacking into or used in damaging others machines. Privacy and Acceptable Use: CMBiz.net provides a gateway for the user to connect to the Internet. CMBiz.net has no control over material accessed on the Internet. Some users may find certain material on the Internet objectionable. CMBiz.net assumes no responsibility for any material found on the Internet. Users are free to use any Internet service available as long as it is for LEGAL purposes. Any report of any illegal activity can cause immediate suspension of access and notification of the appropriate authorities. CMBiz.net reserves the right to suspend or cancel any account at any time for any reason. CMBiz.net will make available to law-enforcement agencies any user’s account information as required by law or if it is necessary to protect CMBiz.net Internet's equipment, staff, or other users from service interruption or shutdown. Third-party encryption tools such as PGP and RSA may be used if a user needs to ensure privacy of a file or e-mail message, although CMBiz.net has no affiliation with, and makes no claims about, the security of any encryption tool a user may choose. Users should be aware of proper on-line etiquette (netiquette). Guidelines may be found in many Internet-related books, magazines, on-line, and in newsgroups. A user will be held liable for any temporary or permanent damage that occurs to CMBiz.net Internet's system due to the user’s negligence or lack of netiquette, whether intentional or accidental. This may include, but is not limited to, the release of computer viruses or worms, trying to hack into unauthorized areas on any system, or sending or causing the receipt of e-mail bombs by CMBiz.net Internet’s system. A user engaged in any such damaging activity, as determined by CMBiz.net , may have their account suspended or canceled, be billed for excessive bandwidth usage and employee time, and be charged for any other damage or loss caused by user’s actions. Most users will likely never encounter these situations, but it is important to be aware of the rules and consequences. User Responsibilities: Users are responsible for all charges associated with their account. In the event of any unauthorized access to your account, the user MUST notify CMBiz.net in writing, e-mail, or by phone; however, the user will remain responsible for all charges until CMBiz.net is notified. All accounts are for personal, nontransferable access and are non refundable. No more than one concurrent user session per account is permitted at any time. The user is prohibited from lending or giving their account password to others. The user is responsible for any local, long distance, or other charges incurred to access any CMBiz.net modem access numbers or servers. The user is responsible for the set-up and configuration of the their computer hardware and software for accessing any CMBiz.net modem access numbers or servers. The user is expressly prohibited from engaging in any illegal activity using CMBiz.net Internet’s services. This includes, but is not limited to, posting or otherwise disseminating copyrighted material, libelous material, child pornography, soliciting the sale of any illegal substance, service, stolen property or any other action deemed illegal or unlawful by Federal, State, or Local laws. Charges and Billing: User is responsible for payment of all services. All accounts are set up within 24 to 48 hours, on business days upon receipt of full payment. For those accounts paid by check/money order/cashiers check, the account will be set up automatically via the telephone – should payment not be received within 2 days from the sign-up date, the account will then automatically be disabled. Credit card; debit card payments will be processed immediately upon activation of account. Should the merchant account specify denial of agreed upon charges per user, the users account will be automatically disabled. All accounts will be billed as per agreed upon during initial sign-up with the customer, to the specified credit card or debit card account number, unless notified otherwise. All credit card payments will begin processing a minimum of 5-7 days prior to the due date, due to the time involved for processing through the Merchant account. In the event that the credit card/debit card is denied, the customer will then be notified via email. Payment is due by the 1st day of every month unless other billing arrangements have been made. If CMBiz.net does not receive payment by the 7th day of the month, a late fee of $5.00 will be accessed. No invoices will be sent by regular mail unless the outstanding amount on the account is more than 30 days past due. If prompt payment is not then received, the amount due will be processed through the collection agency with which CMBiz.net holds an on-going agreement. CMBiz.net does not recommend sending cash through the mail and takes no responsibility for the loss of user funds if attempted. Accounts are billed in a minimum of one-month increments. Service activation fees, set-up fees, non-recurring fees, marketing services, and products (including computer programming products and services) are non-refundable. Credit cards, debit cards, and automatic checking account debiting are automatically billed based on the user’s specific subscription or payment arrangement. All payments not received on or before the due date will be considered late or past due and may incur late or past due fees. All late or past due amounts will be automatically charged or debited from the user’s credit card, debit card, or checking account depending on the information on file at CMBiz.net given to CMBiz.net by the user at the time of sign up. Late or non-payment of the user’s account because of non-sufficient funds may incur additional processing fees, this includes but is not limited to NSF checks, declined credit or debit card transactions, or insufficient checking account balances. All checks returned unpaid (NSF) will be assessed a $30.00 charge. Past Due & Canceled Accounts: Accounts past due 15 days or more will be disabled. Accounts past due 30 days or more may be canceled at the discretion of CMBiz.net. The user is responsible for payment on the account until it is officially canceled, and will be charged at full base rate for the used months of service if cancellation occurs prior to account anniversary. The user must pay for the suspended account. If the user cancels the account while access is suspended, the user remains responsible for all amounts due up to the date of official cancellation. Official cancellation occurs when the account is excessively past due, which is determined by CMBiz.net, or the user contacts CMBiz.net via e-mail, conventional postal mail, to cancel the users account. If a user is requesting that an account be canceled, identification of the user by means of the CMBiz.net account login will be required. Additional identification information may be necessary to cancel any account if deemed necessary by CMBiz.net. After an account is officially closed all files including e-mail will be deleted from CMBiz.net Internet’s system. The user is responsible for payment of any service activation fees due to re-activate a canceled, suspended, or closed account. CMBiz.net does not guarantee that service or information from a canceled, suspended, or closed account will be available to the user on or after the due date of the account. If a bank charge back is processed against our account, the account in question will be terminated immediately. Service fees do apply during any period of suspension. The user must promptly notify CMBiz.net, no later than the 15th of the month, of any changes in the users payment information, home or billing address, and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a credit card, ID, or password. Information regarding the user’s credit card number and/or bank account number will be used or disclosed only for the purposes of completing a banking transaction, or as required by law. Third Party Sales and Services: All transactions concerning merchandise and services are solely between Seller and Buyer. This includes, but is not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery. C & M Business Machines, Inc. and or CMBiz.net makes no warranties or representations whatsoever with regard to any goods or services provided by the Seller. C & M Business Machines, Inc. and or CMBiz.net shall not be a party to such Seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions or in-actions of the Seller. Termination of Service: C & M Business Machines, Inc. and or CMBiz.net may terminate this Agreement and the right to access the Internet through C & M Business Machines, Inc. and or CMBiz.net Internet’s computer system at any time and without cause. In addition, all cancellations must be made in writing via US Mail or e-mail to: CMBiz.net 506 South Woodbine Road St Joseph, Mo. 64506 E-mail
address is: support@cmbiz.net
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