If I have given my credit card number to MindSpring, I understand that charges will be billed to my credit card each month for the basic service and any additional usage. I authorize this automatic billing by MindSpring. MindSpring's monthly billing cycle is based on my sign-up date, with the basic service fee for each month charged at the beginning of my billing cycle along with additional usage fees from the previous billing cycle. I understand that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that MindSpring shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by MindSpring pursuant to this authority.
I understand that I am responsible for determining whether a MindSpring phone number is within my local calling area, and that I am responsible for any long distance charges I may incur in connecting to MindSpring. If I am using one of MindSpring's unlimited plans, I agree not to provide any public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when I am actively using it. I understand that I may cancel my account at any time effective the end of that billing cycle. If I am not satisfied and wish to cancel my account within 30 days of the day MindSpring activates my account, I may do so and receive a full refund of all money paid by returning all MindSpring startup materials in good condition within those first 30 days and signing a statement certifying that I have kept no copies of any of the MindSpring startup materials, either software or hardcopy. I understand that MindSpring may change its prices from time to time, and that I will be provided with 15 days written or electronic mail notice of any such changes.
I agree to maintain my password as private and confidential information. I agree to use my MindSpring account in a way that conforms with all applicable laws and regulations. I specifically agree not to make any attempt to gain unauthorized access to any other systems or networks. I understand that the information available through MindSpring or interconnecting networks may not be accurate, including the content displayed on the MindSpring Desktop. I understand that the some of the information available through MindSpring or interconnecting networks may be intended for adult audiences. I understand that internetworking communications are not secure, and may be subject to interception or loss. MindSpring Enterprises, Inc. makes no warranties of any kind, either express, implied, or statutory concerning the data or information available through the MindSpring network. I understand that the use of my MindSpring account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of MindSpring for any and all claims relating to the services provided by MindSpring, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees paid to MindSpring for services within the prior year. I agree that MindSpring shall have no liability for the services, data or information made available to me, including any liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies. I understand that MindSpring reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is inactivated, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my account. If my account includes space on MindSpring's server, anything stored on this space will be deleted upon inactivation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for MindSpring, and would be a likely cause for the termination of my account. More detail of violations referenced can be found in the MindSpring Policy on Appropriate Use. This Policy can be found linked from the MindSpring Home Page at http://www.mindspring.com/ on the World Wide Web.
I understand that the MindSpring Software installs a module on my computer which collects connection information, and that this information will be sent to MindSpring while I am connected to the Internet with the intent of providing MindSpring with real-time data to improve our network performance. I understand that any data received by MindSpring is for Network Connection monitoring only and will remain confidential. I also understand that this module can be disabled by contacting MindSpring Support via the numbers listed below.
This agreement represents the complete agreement between MindSpring Enterprises, Inc., and myself, and supersedes any other written or oral agreement.
MindSpring Enterprises, Inc.
1430 West Peachtree St. NW, Suite 400, Atlanta, GA 30309
