Empowering Technologies - Terms of Service

<table width=573 cellpadding=0 cellspacing=0 border=0 summary="Terms of Service, Service Agreement"> <tr> <td class="Regular" style="text-align=justify;"> <CENTER> <span class="Regular14"><b>AGREEMENT FOR EMPOWERING TECHNOLOGIES INTERNET SERVICES</b></span><br> <span class="Red12"><b>PLEASE READ THIS DOCUMENT IN FULL</b></span></CENTER><P> This Empowering Technologies Internet Service ( "Service") is being provided to you, the end-user ("You"), by Empowering Technologies ("We" or "Us"). Please read the accompanying materials and all pages of this agreement (collectively referred to as "Agreement" or "Terms of Service") before proceeding. You are authorized to access and use this Service ONLY when You have completely filled in all the required registration information and indicated Your agreement with terms of this Service as described in the registration instructions.<P> The agreement contains important information regarding the use of the Empowering Technologies Internet Service. If you do not agree with and comply with the terms of this document, in full, please do not connect to this service.<P> This Agreement, its Fee Schedule and Your registration information are the complete agreement between You and Empowering Technologies regarding this Service and replace any prior oral or other communications between us. In case of any conflict between the Agreement and its Fee Schedule, the Fee Schedule shall take precedence. <P> Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications: <P> 1. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; <P> 2. an electronic communication sent by You containing Your User Identification establishes You as its originator and has the same effect as a document with Your written signature on it: and <P> 3. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication. <CENTER><P> <HR WIDTH="75%" SIZE="2"><P> <b>DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION</b><br> <span class="red12"><b>PLEASE READ THIS DOCUMENT IN FULL</b></span><br> </CENTER> <p>Empowering Technologies and its Administrator(s) make no warranties of any nature or kind, whether expressed or implied, regarding the Service and access provided by this Service, the continued operation of the Service, the equipment and facilities used and their capacities, the veracity or accuracy of any message or information posted on the Service, and the suitability, operability and safety of any program or file posted on the Service for any intended purpose. <P>EMPOWERING TECHNOLOGIES AND ITS ADMINISTRATOR(S) SPECIFICALLY DISCLAIM ANY WARRANTY OR RESPONSIBILITY WITH REGARD TO THE INTERACTIONS BETWEEN USERS, THE AVAILABILITY OF THE SERVICE SERVICE AND ACCESS, AND WITH REGARD TO INFORMATION AND SOFTWARE OBTAINED FROM THE SERVICE, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <P>Empowering Technologies only provides access to the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, We shall not be responsible for user/access security nor do we warrant that the available access number will be a local call from your area code and exchange. <P>Each Internet provider owns, maintains, and/or supports its offering. Availability and content of an Internet offering are the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. We do not endorse such materials and disclaim any and all liability for their content. <P>All information and files that you obtain from this Service are provided 'as is'. In no event will Empowering Technologies or its Administrator(s) be liable for your inability to access the Service or for any damage you suffer, including, but not limited to, alleged verbal or other abuse of any kind in public or private 'chats', public or private conferences or private electronic mail; destruction of data or damage to your equipment, whether such damage is direct, incidental or consequential, and whether caused by mistake, omission, interruption, deletion of files or messages, errors, defects, delays in operation or transmission, failure of equipment or performance, negligence or otherwise. You agree to indemnify and hold Empowering Technologies, it's employees and administrator(s), and MMO Management Inc. harmless against any claim arising from your use of the service which causes damage to any third party. <P>Empowering Technologies reserves the right (but is not obligated) to review and edit any material submitted for public display or placed on the Service, excluding private electronic messages. Empowering Technologies may refuse to display or may remove from the Service any material that Empowering Technologies believes violates this agreement or any policy, guideline, or "etiquette" postings by the Empowering Technologies Administrator(s) on the Service, or is harmful to other Members, to Merchants or information providers, or to the Service or the business interests of Empowering Technologies. <P>Empowering Technologies will comply in all respects with the Electronic Communications Privacy Act of 1986, as amended, relating to private electronic messages on the Service. "Private Electronic Messages" are only those messages sent to a Member for receipt through the Member's private "Mailbox." Empowering Technologies will not disclose the contents of private electronic messages to anyone other than the writer or an intended recipient, without the consent of either the writer or an intended recipient, except as permitted or required by law. <P>Empowering Technologies reserves the right to grant or deny access to its Service as it seems fit. This includes the right to turn on (or off) various functions of the system for individuals and groups such as, but not limited to, the ability to send e-mail, or participate in private or public chat(s). <P>The total liability of Empowering Technologies for damages to you, if any, shall be limited to the amount one month's Membership contribution (if any), for access in the year in which the damages were incurred. <P><B><HR SIZE="2" WIDTH="50%"></B> <P><B>Payment Information</B> <P>A minimum three(3) months subscription is required for dial-up service and no refunds will be issued (including for wholly unused months), if you cancel service within three(3) months of the date the account is activated, subject to review by Empowering Technologies. Charges will be assessed prior to your account being activated. Your billing cycle will be determined by the date of your first payment and the date that your balance expires. Subsequent charges will be automatically assessed on the first day of the billing cycle. If Empowering Technologies is unable to collect on the charges, your account will be deactivated. Empowering Technologies will not be obligated to contact you if your account is deactivated due to non-payment. <P> YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE OR CHANGE YOUR BILLING CYCLE. CANCELLATION OR CHANGES TO BILLING CYCLE MAY ONLY BE PROCESSED BY CONTACTING EMPOWERING TECHNOLOGIES WITH A WRITTEN REQUEST OR IN PERSON. DATE OF POSTMARK OF WRITTEN REQUEST WILL BE CONSIDERED DATE OF CANCELLATION. UPON CANCELLATION OF SERVICE, REFUNDS WILL BE GIVEN ON ANY WHOLLY UNUSED MONTHS PAID FOR. NO REFUNDS WILL BE GIVEN FOR PARTIALLY UNUSED MONTHS, SUBJECT TO REVIEW BY EMPOWERING TECHNOLOGIES. DSL CUSTOMERS WHO CANCEL WITHING THE FIRST TWELVE(12) MONTHS OF SERVICE WILL BE SUBJECT TO AN EARLY TERMINATION FEE OF $150. <P>By maintaining an account with Empowering Technologies, it is understood that you have read the Terms of Service and agree to all of what is stated therein. <P><B><HR SIZE="2" WIDTH="50%"></B> </td> </tr> <tr> <td align=center class=footer> <br> <br> © Copyright 2002-2006 Empowering Technologies, Inc. All rights reserved.<br>Use of any service provided by Empowering Technologies constitutes your acceptance of our <a href="terms_body.html" target="body">'Terms of Service.'</a> </td> </tr> </table>