2nd Amendment-Marathon USA

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1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK.  ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW.  THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER  DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR USE OF THE SERVICES.  IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.

2. You agree to protect and indemnify the Company against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by the Company.

3. You agree that your username and password and changes to both of these items are your responsibility.

4. The modems utilized by the Company to provide Dial-up Services are engineered for speeds up to 56k flex connectivity.  However, the Company cannot guarantee a 56k connection if telephone company facilities or your modem are unable to support this connection speed.

5. The Company shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call.  If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, the Company shall in no event be liable for any long distance charges billed to the customer.

6. You acknowledge that the registration of a domain name confers no legal right(including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations.  Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

7. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes.  In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services.  Otherwise, the existing service will be billed at the new rate.  This Agreement hereby supercedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

8. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies.  The Company also reserves the right to change these policies without prior notice at any time.  The actions the Company takes may include account suspension or termination.  The Company does not issue any credits for accounts cancelled due to policy violations.  The Company reserves the right to refuse service to anyone at anytime for any reason.

9. You understand that the services provided by the Company may be interrupted for several reasons.  These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse.  You understand that it may not be possible for you to receive advance notification of any such interruption of service.  The Company shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.

10. You agree that this service is governed by the Laws of the State/Province in which the Company resides. You agree that the County in which the Company is located shall be the forum for any legal action relating to the services provided.

11. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s).  Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

12. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full.  This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service terminated by either party.  If this Agreement is terminated by either party, you are still responsible for any charges on your account.

13. There is no discount for the Company to forward your email or website, if you choose to terminate your account with the Company.  For this reason, it is recommended that you continue your account with the Company for as long as necessary for forwarding purposes.  As long as the Company forwards your email or website, you will need to continue your account with the Company.

14. The Company bills for most services in advance.  Purchasers of the Company's services agree to be bound by the Uniform Consumer Credit Code of the State in which the Company resides. A service charge of 1 1/2% per month will be charged on all past due amounts.  If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.

15. Billing statements will be sent via e-mail.  If you wish to have your billing statement sent to you via postal mail, you will be assessed a $5.00 fee for each bill sent to you. 

16. All credit cards will be charged automatically for each billing period.  If you dispute a valid credit card charge levied by the Company, your account with the Company will be disabled and you will be charged a $40.00 service fee. 

17. As a subscriber to the Company's services, you are not permitted to use your Internet connection to sell or advertise goods or services.  This is only permitted to those who have purchased a business account or a virtual server. 

18. With respect to dial-up accounts, the Company's usernames are limited to one dial-in at a time.  Multiple concurrent dial-ins using the same username are not permitted.  This limitation does not apply to email or any other aspect of your account.  Abuse and violation of the rules may result in termination without refund.

19. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services.  Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration.  The Company reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time (approximately in excess of 150 hours per month, the general industry standard for determining abuse, or an excessive use per day exceeding a normal work day).  The Company has implemented an abuse prevention program and has the discretion to apply network management techniques, idle timers, maximum concurrent connect timers, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating the Company's policies. These parameters may be changed at any time at the Company's discretion. If you require a dedicated connection, you should notify the Company, which may offer a dedicated connection in your area.

20. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited.  Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient.  Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company.  If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:

	20(a). First offense:   $100.0
	20(b). Second offense:  $500.00
	20(c). Third offense:   $500.00 and automatic termination of your account.
	
21. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited.  The Company reserves the right to determine whether a post constitutes an advertisement or commercial solicitation.  The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited.  A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company.  A violation of this policy will result in the immediate termination of your account. 

22. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited. 

23. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement.  This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.  The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.  These rates are subject to change at any time without notification.

24. You are not permitted to resell or redistribute the Internet connection to other parties.

25. In the event you want to cancel the Service, you must notify the Company thirty (30) days prior to such cancellation.  This notice must either be emailed or telephoned to the Company, or otherwise delivered in accordance with the Company’s policies.

All billing disputes should be directed to the Billing Department.  Any billing disputes done through a financial institution can result in the immediate cancellation of the internet account for which the funds have been withdrawn, and a $25 chargeback fee for each dispute may be applied.  To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid. A $25 return payment fee will be assessed on all returned payments (checks, echecks, or ACH). The subscriber is responsible for the accuracy of the information provided and to ensure that there are sufficient funds to cover the amount charged by the Company.  Under no circumstances will the Company be held liable for fees incurred by the subscriber�s financial institution.

Service will be suspended, and ultimately cancelled, if proper payment is not made.

26. As used in this Customer Use Agreement, the term the "Company" refers to 2ndAmendment.net and IKANO Communications, Inc., a Utah corporation or IKANO Canada.

27. COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.