New Mexico Internet Access, Inc. will provide access to specific services for the user/subscriber only in exchange for payment of the fees set out in the current Rate Schedule, and full compliance, by the subscriber, with the terms and conditions defined in this document. Payments must be received by New Mexico Internet Access, Inc. before any services are made available. Continued use of the services after the expiration of the paid up subscription period will obligate the user for fees for that use. No paper bills will be sent. The fees set forth in the Rate Schedule may be modified 30 days after written notice to the subscriber.
The provided services shall consist of regular telephone dial-up access to a standard user account on one of the computers operated by New Mexico Internet Access, Inc., and use of ftp, telnet, smtp, usenet news, various other unix utilities, and up to 5 megabytes of on line storage.
The subscriber and New Mexico Internet Access, Inc. agree that each account is primarily for use by the subscriber, and will not be shared with, used by, or sold or transferred to, any other person or entity. The account ID and password will not be given to or used by any other person or entity. The facilities made available by New Mexico Internet Access, Inc. must not be used for broadcast, inappropriate or multiple posting, or unsolicited multiple email advertising. The subscriber will be held responsible for all costs resulting from such behavior, including managing any complaints from the Internet community.
The contents of each subscriber's home directories are considered private, and are not usually monitored by New Mexico Internet Access, Inc. However, New Mexico Internet Access, Inc., because of the nature of its multi-user systems, and because they are connected to a worldwide network, and for other reasons, cannot guarantee secrecy or privacy of any file, information, or activity on their systems. Therefore, the subscriber should not expect such secrecy or privacy.
Access to wide area networks, such as NSFNET, ARPANET, MILNET, and the larger network of networks known as the Internet, can be gained through an account on a New Mexico Internet Access, Inc. computer. Such wide area network access is not granted in return for payment of the fee for an account. Internet access is a privilege made available by each network, through New Mexico Internet Access, Inc. only to those who comply with the terms in this document and who use the network connections in accordance with the customs, policies, and intent of the Internet community. Any misuse of the wide area network connection will be cause to terminate that connection and the users account, where misuse is in the sole judgement of New Mexico Internet Access, Inc.
The subscriber agrees and understands that connection to the networks, NSFNET, ARPANET, MILNET, USENET and others can provide access to systems, files and discussions that contain language, materials, and subjects that are intended for adult audiences. For this and other reasons, subscribers of record must be not less than 18 years of age and by submitting a request for an account with us you accept this caveat and waive any claim against New Mexico Internet Access, Inc. which other wise might arise from such use.
The subscriber agrees and understands that information and files available from or obtainable through New Mexico Internet Access,Inc. or the networks to which it is connected, may be invalid, inaccurate, intentionally misleading or maliciously destructive. New Mexico Internet Access, Inc. makes no representation or warranty of any kind, either expressed or implied, regarding the accuracy, validity, or utility of any file, data, program, or information residing on or passing through any of its computers or any networks to which they are connected. Use of any such files or information will be at the subscriber's own risk.
The subscriber is required to use the account and services provided by New Mexico Internet Access, Inc. in accordance with and as permitted by all applicable local, state, and federal laws and regulations, knowledge of which is the subscriber's responsibility. Termination of a subscribers account and privileges may be immediate, without notice, on discovery of any violation of the terms or conditions, or of any misuse of the account, or any suspicion of illegal activity, or any attempt to compromise security, discover any password, or gain access to any account or file to which the subscriber is not entitled. We cooperate with all law enforcement.
The subscriber agrees to indemnify and hold harmless New Mexico Internet Access, Inc. from any and all lawsuits, judgements, decrees, costs and expenses, and any attorney fees arising from the subscriber's actions or use of the services provided by New Mexico Internet Access, Inc. The total liability of New Mexico Internet Access, Inc. for damages from any breach of contract or failure to supply services shall be limited to an amount equal to the payment made for services for the current month.
This agreement represents the complete agreement and understanding between the subscriber and New Mexico Internet Access, Inc. and supersedes any other written or oral agreement. If any provision of this agreement is found to be unenforceable, all other terms shall remain in effect. This agreement may be modified only in writing and any such modification must be signed by New Mexico Internet Access, Inc. and the subscriber. This contract may be terminated by either party 7 days after written notification to the other party or by email with return acknowledgement.
Phone: (505) 247-0888
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Document last revised 5/17/00