Always Online Internet Access is an internet access service provided by Always Online LLC, subject to the terms and conditions of this Always Online Internet Access Member Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Member") and Always Online. (each feature individually and collectively referred to as the "Service"). Please read them carefully.
Always Online RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE "Always Online TERMS and CONDITIONS” AREA TO OBTAIN TIMELY NOTICE OF SUCH CHANGES.

YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

This Agreement takes effect on the date on which you accept this Agreement and continues until your Service membership is terminated either by you or by Always Online.

I. Essentials of Your Always Online Account Membership

1. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You may terminate your Service membership at any time, with or without cause, upon 10 day written notice to Always Online as specified in these Terms and Conditions; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If you are participating in any trial period offer, you must terminate your membership prior to the end of the applicable trial period in order to avoid incurring service charges.

2. Always Online may terminate or suspend your Service membership at any time, with or without cause, with or without notice. Your Always Online membership is personal to you, you agree not to assign, transfer, or sublicense your rights as a member unless specifically allowed by this Agreement.

3. You may allow other members of your household (including minors) to use your Service account, provided that you agree to pay all charges that they incur and to be responsible for all other aspects of their usage, which includes any roaming charges and telecommunication charges for connecting to Always Online such as long distance charges.

4. You acknowledge that you are aware that some areas of Always Online and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Service account.

5. You acknowledge and agree that the party being billed for your Service membership (that is, the party who is responsible for the credit card or account charges associated with your account) has the right to terminate the account at any time and to request and receive usage information related to such account.

6. As a condition of your use of the Service, you warrant to Always Online that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided for your use only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

7. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through the Service.

II. General

1. Except where prohibited by applicable law, this Agreement is governed by the laws of the State of North Carolina, USA, and you consent to the exclusive jurisdiction and venue of courts in North Carolina for all disputes arising out of or relating to your use of the Service or your Always Online membership. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.

2. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Always Online as a result of your use of the Service or your Always Online membership. You agree not to represent yourself to be a representative, agent, or employee of Always Online, and that Always Online will not be liable by reason of any representation, act or omission to act by you.

3. Always Online's performance under this Agreement is subject at all times to existing laws and legal process. Nothing contained in this Agreement is in derogation of Always Online's right to comply with law enforcement requests or requirements relating to a Member's use of the Service or information provided to or gathered by Always Online with respect to such use.

4. This Agreement constitutes the entire agreement between Always Online and you with respect to your use of the Service and your Always Online membership (excluding the use of any software which may be subject to an end-user license agreement), and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Always Online and you with respect to the Service.

5. Always Online may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement.

6. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Always Online agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

III. Conduct

By using this Service, you agree NOT to;

Use Always Online or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).

Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.

Use your e-mail account in the text of unsolicited email messages or Web sites as an address to which members or other Internet users can respond.

Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.

Use simultaneous, unattended, or continuous connections to the Service with one account.

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.

Advertise or offer to sell or buy any goods or services for any non-personal purpose.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of Always Online members, or any other user or usage information or any portion of any of them.

Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.

Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and have the legal right to do so or have received all necessary consents.

Interfere with or disrupt networks connected to Always Online or violate the regulations, policies, or procedures of such networks.

Attempt to gain unauthorized access to the Service, other Service accounts, or computer systems or networks connected to the Service, through password mining or by any other means.

Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.

Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

View, intercept, or attempt to intercept e-mail or other private communications not intended for you.

Violate any posted guidelines or codes relating to the use of the Service. Without limiting any of Always Online's rights to terminate your Service membership as described elsewhere in this Agreement, Always Online may terminate your Service membership for violation of any of the foregoing rules without notification.

Always Online has no obligation to monitor any member's use of the Service or retain the content of any user session. However, Always Online reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Always Online's possession, however obtained, about or related to you, your use of the Service or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, governmental request or to enforce our Terms and Conditions.

When using the Service you are subject to all the rules specified by the services and Web sites you visit. This includes other Always Online-branded services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that Always Online may take appropriate action just as if you had violated this Agreement.

You must promptly notify Always Online if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Service Member Identification, user name, or password.

IV. Operation

1. Always Online reserves complete and sole discretion with respect to the operation of the Service. Always Online may, among other things: (a) take any action (legal and/or technical) that Always Online deems appropriate to prevent bulk e-mail from entering or leaving any Always Online e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by Always Online from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) make available to third parties information relating to Always Online and Members; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by Always Online; and (f) withdraw, suspend, or discontinue any functionality or feature of the Service. You acknowledge and agree that Always Online may automatically check the version of Always Online software and components you are utilizing and may provide upgrades to such software that will be automatically downloaded to your computer. The amount of e-mail and instant message storage space per member may be limited, therefore some e-mail and instant messages may not be processed due to space constraints. You agree that Always Online is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit Always Online' s automatic log off system or part thereof from performing as intended is prohibited.

V. Charges and Billing

1. You agree to pay all charges for your use of the Service at the prices then in effect including any charges for optional and premium services (e.g. DSL service, ISDN service, etc.). Certain Always Online promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All Service charges are exclusive of sales or other taxes. Always Online charges, if applicable, will be subject to sales or other taxes as appropriate. Always Online reserves the right to modify or terminate membership plans, change prices, or institute new charges for the Service at any time with at least thirty (30) days' notice to Members. You may terminate your membership, as specified in this Terms and Conditions area. However you are responsible for all charges submitted prior to the termination of your account.

2. It is possible the access number you program your modem to use to connect to the Service may be a telephone number that results in additional or long distance charges being billed to you by a third party even if such number was presented by Always Online as an appropriate access number for your area.

3. You are solely responsible for determining whether the access number you are given is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to the Service, including those that may be billed to you by a third party. Always Online will not reimburse you for any charges incurred by you as a result of using an access number that is subject to additional and/or long distance charges.

4. You also agree to pay any additional Service charges that you incur if you connect to the Service through an Always Online telephone number while you are in a country that is not the country associated with your Service account (hereinafter referred to as 'Roaming Charges'). Roaming Charges are in addition to any long distance telephone charges you may incur when accessing the Service from another country.

5. All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be paid in advance, or at the time billed by Always Online, as specified for the Service plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by Always Online. Each time you use the Service, you agree and reaffirm that Always Online is authorized to charge your account as specified by you (your "Designated Account”). You agree that Always Online may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Always Online may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.

6. You agree that Always Online may submit charges for your use of connect time in excess of that provided as part of the Service membership plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your Service membership plan. Such notice will not affect charges submitted before Always Online reasonably could act on your notice.

7. You must promptly notify Always Online of changes to: (a) the account number, status, or expiration date of your Designated Account; and (b) your billing address.

8. YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF THE SERVICE EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE MEMBERSHIP. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS THE SERVICE.

9. Always Online will use reasonable commercial efforts to provide you with an online statement of charges; however, any failure of Always Online to provide you with an online statement does not affect your responsibility to pay any incurred charges. Unless you notify Always Online of any discrepancies or irregularities in any billing within thirty (30) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE Always Online FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO Always Online WITHIN THIRTY (30) DAYS OF ITS PUBLICATION DATE.

10. Without limiting anything else in this Agreement, Always Online reserves the right to suspend or terminate your Service membership without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Always Online when Always Online in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Always Online. You agree to pay a late charge to Always Online on all amounts due but not timely paid. The late charge will be one and one-half percent (1 1/2%) (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. A $5.00 re-connect fee will be applied to all accounts that are disabled for non-payment of charges that wish to have their service re-instated. Always Online reserves the right to refer your Service account to a third party for collection in the event of default.

11. Always Online Members must contact Always Online in writing or by e-mail, 10 days prior to canceling their existing Service accounts. You can obtain cancellation information by visiting the Always Online Terms and Conditions area online.

VI. "Spam" Damages

1. Always Online may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Always Online liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Always Online's actual damages, to the extent such actual damages can be reasonably calculated.

2. You agree that Always Online may charge such damages to your Designated Account, your designated credit card or other account specified by you for payment of Always Online charges.

VII. Posting to Always Online

1. Always Online does not claim ownership of the materials you provide to Always Online (including feedback and suggestions) or post, upload, input, or submit to any Always Online Web Site or its associated services (hereinafter collectively called "Submission"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Always Online, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Always Online is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in Always Online's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.

VIII. Links to Third Party Sites

1. THE LINKS INCLUDED WITHIN Always Online AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE Always Online AND VISIT NON-RELATED SITES ("LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF Always Online AND Always Online IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Always Online IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Always Online IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Always Online OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

IX. Disclaimers/Limitation Of Liability

1. You specifically agree that Always Online shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using the Service. You specifically agree that Always Online is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Always Online is not responsible for any content sent using and/or included in the Service by you or any third party.

2. Your use of the Service and all Always Online software and services is at your own risk. Always Online, its resellers, distributors and/or suppliers make no representations about the suitability, reliability, usability, availability, timeliness, and accuracy of the Service for any purpose. The Service and all related software is provided "as is" without warranty of any kind. Always Online, its resellers, distributors and/or suppliers do not warrant that access to or use of the Service will be uninterrupted or error- free, that members will be able to access the Service at any time or in any geographic area, or that the Service or Always Online software or services will meet any particular criteria of performance or quality. Always Online, its resellers, distributors and/or suppliers hereby disclaim all warranties and conditions with regard to the Service and all related software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Always Online, its resellers, distributors and/or suppliers be liable for any indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service, any Always Online software or related web sites, with the delay or inability to use the Service, any Always Online software or related web sites, the provision of or failure to provide services, lost, damaged, or destroyed e-mail or the failure to deliver any e-mail, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Always Online or any of its suppliers has been advised of the possibility of damages. Always Online's liability to you for breach of this agreement is limited to the amount actually paid by you to Always Online for access to and use of the Service. You hereby release Always Online from any and all obligations, liabilities, and claims in excess of this limitation. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to not sign up for a Service account or to terminate your Service account.

X. Indemnification

1. You agree to indemnify and hold Always Online, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. Always Online will notify you within a reasonable period of time of any claim for which Always Online seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Always Online's interests, as reasonably determined by Always Online.

XI. Privacy Policy

     Always Online is sensitive to the private nature of information you provide to us over the Internet. Our Privacy Policy is designed to maximize your ability to protect your personal, private information while at the same time giving you the opportunity to obtain interesting and useful information, products and services. This Privacy Policy describes how we treat information received about you when you register with us and use our Internet services. Please read the Privacy Policy carefully. Always Online may change this Privacy Policy from time to time. We will post any changes on this Web Site, so be sure to check back periodically.

Personal Information When you register as a subscriber and at other times, you will be providing Personal Information to Always Online. Personal Information includes your name, phone number, address and other information by which you can be personally identified. All Personal Information we collect is stored on limited access servers and is used to provide services to you. Always Online does not knowingly collect Personal Information from children under the age of 18.

Always Online will use Personal Information internally. Always Online will not provide information about you that is available to us to third parties. Always Online may use Personal Information to enforce our Terms of Usage policy but only to the extent necessary. In addition, we will share Personal Information with governmental authorities and will respond to civil subpoenas when legally required to do so.

Web Site Usage Information Our Web servers automatically collect Web Site Usage Information from you when you visit our Web Site. Web Site Usage Information is not personally identifiable information. It describes how our Web Site is used and navigated, including the number and frequency of visitors to each Web page, and the length of their stays. Web Site Usage Information also includes the domain names of users who visit our Web Site, but it does not contain Personal Information.

Cookies Like most Web sites, Always Online makes use of browser "cookies." Cookies are files written to a user's hard disk and read by our server program. We utilize cookies to learn about usage patterns and user selected preferences for our subscribers in order to improve the quality of our service. You can find out more about this topic on the Web at www.cookiecentral.com.

Links to Other Web Sites Always Online makes content and services from other trusted third party companies available to subscribers from links located on our own Web Site. These content and service providers may also use cookie technology. We do not control the use of cookies by such third parties. Subscribers are advised that each content and service Web Site to which Always Online links may have its own individual privacy policy that they should consult to determine how that Web Site protects its visitor's privacy.

Questions
If you have any questions, comments or concerns about our Privacy Policy, please contact us at webmaster@always-online.com

XII. Notices; Consent

Notices given by Always Online to you may be given by e-mail via the Service, by a general posting on Always Online, or by conventional mail. Notices given by you to Always Online must be given by e-mail via the Service and addressed as set forth in Always Online's Terms and Conditions area, or by conventional mail. Notices to Always Online by conventional mail must be sent to;

Always Online LLC
Attention: Member Services
PO Box 13863, 
New Bern North Carolina, 28560  USA.

Notices to Always Online by e-mail must be sent to: webmaster@always-online.com

TRADEMARK AND COPYRIGHT NOTICES:
Always Online, and/or other Always Online products and services referenced herein are either trademarks or registered trademarks of Always Online, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

All contents of the Service are Copyrighted 2008-2009 Always Online LLC
and/or its suppliers c/o

Always Online LLC,
PO Box 13863
New Bern, North Carolina 28561

 
All rights reserved. Any rights not expressly granted herein are reserved.
Last Modified: 30-JULY-2009