This agreement represents the complete agreement and understanding between Facspro Infotech Consulting LLC, (hereinafter called Facspro.Net) its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice published online (www.facspro.net/terms.htm) Facspro.Net may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Customer Service Department at (308) 584-3626 during normal office hours so we can terminate your account. Failure to notify Facspro.Net shall constitute your approval.

1. All individuals accessing Facspro.Net represent to Facspro.Net that they are 18 years of age or older. Certain material available on the Internet through Facspro.Net may not be suitable for individuals under the age of 18.

2. User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Facspro.Net has no control over and accepts no responsibility whatsoever for such materials.

3. Information transmitted through Facspro.Net and through the Internet in general is not confidential. Therefore, Facspro.Net cannot and will not guarantee privacy or guarantee protection of any user. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

4. Facspro.Net exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via Facspro.Net is at your own risk. Neither Facspro.Net nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does Facspro.Net or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither Facspro.Net nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Facspro.Net, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. There will be no refunds for scheduled or unscheduled service interruptions of less than 48 hours duration. At its sole discretion, Facspro.Net may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 48 hours.

5. User agrees to indemnify and hold without harm Facspro.Net, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.

6. Facspro.Net Internet connections and all other services provided to the user by Facspro.Net may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to: copyrighted, material legally judged to be threatening or obscene, or material protected by trade secret. User agrees to indemnify and hold harmless Facspro.Net from any claims resulting from your use of the service, which damages you or another party.

7. The right to use Facspro.Net is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins is explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

8. Facspro.Net's services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Facspro.Net DOES NOT ALLOW users to run a Web server, Mail server, Maillist, Listserv or any form of server or auto-responder from a user’s shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Facspro.Net will not be tolerated. When Facspro.Net becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Facspro.Net may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Facspro.Net following payment of a reconnection charge.

9. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.

10. Financial Arrangements:
a. The User is responsible for any and all fixed and accumulative charges for this account. The installation fee and the first month service fee are due upon account setup and are non-refundable. On the 1st of each month, the account will be charged the monthly service fee and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account(s) does not relieve the user of payment obligations.
b. If payment is by cash, check, credit card or money order, payment is due monthly on the 1st of the month. Invoices are sent on or before the 20th of each month via e-mail to the user’s assigned Facspro.Net e-mail address or address of the End Users request. If payment is not received within 5 days of the due date, service will be suspended pending receipt of payment. If payment is not received within ten (10) days of account suspension, the account will be terminated. Re-establishment of the account will be subject to a reconnection fee of $35.00. If your account is terminated, we will delete any unread e-mail and your user directory. Your USER ID will also be available for reissue. Dishonored checks are subject to a collection fee of $25.00 and your account will be suspended until the account is current.
c. Credit Card customers agree to allow Facspro.Net to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify Facspro.Net of any changes in Credit Card Number or expiration date. If the card is not honored for any reason Facspro.Net will attempt to contact user via telephone, e-mail, and/or U.S. Postal service within five (5) days. If the card is still not honored on the fifth day the customers' account will be suspended until payment is received. If no payment has been received within ten (10) days of account suspension, the account will be terminated. Re-establishment of the account will be subject to a reconnection fee of $35.00.
d. Facspro.Net wireless prices and features are defined at http://www.facspro.net/options and are subject to change at any time. Facspro.Net wireless accounts include 5MB of personal storage on our web server. Any storage of information exceeding 5MB is subject to audit and additional charge after 1 E-mail warning to subscriber. Personal storage on our web server cannot be used for commercial purposes or any other purpose that is deemed to be unlawful or sexually explicit.
e. Facspro.Net has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event Facspro.Net utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of Facspro.Net attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the user's relationship with Facspro.Net shall be in Lincoln County, in the state of Nebraska.
f. Facspro.Net reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis.
g. The user must notify Facspro.Net in writing, e-mail or telephone call to our Customer Service Department to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and speaks to Facspro.Net’s technical support department and notifies Facspro.Net within ten days of establishing said service. All user phone calls are logged and may be recorded.
h. In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer

11. User acknowledges that all equipment will at all times remain the property of Facspro.Net. User may not sell, transfer, lease, encumber, or assign any or all of the equipment to any third party. User shall pay for the full retail cost of, or the repair or replacement cost of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered or assigned Equipment. User is responsible for any changes to any Facspro.Net equipment, software and configuration after Facspro.Net completes its service set up. However, if Facspro.Net determines that no such abuse or misuse of Facspro.Net’s Equipment has occurred, Facspro.Net will repair or replace such Equipment as required to resume Services.

12. The law that applies to these Terms and Conditions is the law of the state of Nebraska. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Facspro.Net shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Facspro.Net's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

13. By the continued use of a Facspro.Net account the User accepts the terms and conditions set forth in this agreement.

14. These Terms and Conditions were last changed 09/05/2004.

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