I. INTRODUCTION. HiWAAY Information Services, Inc. (dba HiWAAY Internet Services) (the "HiWAAY") will provide to you, as a Subscriber, Internet Access Service as described below (the "Service"). By establishing an account and continuing use of the Service, you agree to be bound by this Agreement and the Terms and Conditions, as each are amended from time to time, and to use the Service in compliance with this Agreement and the Terms and Conditions. If you do not agree to the Terms and Conditions and the terms and conditions of this Agreement, including any future revisions as posted on its Website, www.hiwaay.net, (the "Website"), you may not use the Service, and if you are a current Subscriber, you must terminate your use of the Service as described in the Terms and Conditions. Current prices and features for HiWAAY's Services are posted on HiWAAY's Website or may be obtained by calling (888) 244-9229 or (256) 650-4900.
II. GENERAL TERMS AND CONDITIONS. A. You understand and agree to HiWAAY's Terms and Conditions.
III. SERVICE RELATED TERMS AND CONDITIONS. A. You understand and agree that HiWAAY is not responsible for any long-distance, toll, or other charges you incur by using the Service.
B. You understand and agree that you are responsible for obtaining and maintaining any equipment you need to use the Service. You are responsible for ensuring that such equipment or service is compatible with HiWAAY's equipment.
C. You are responsible for the backup, restoration and other management of your data from disk space you control and changing the settings on your modem and/or router. HiWAAY is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer or server.
D. You understand and agree that HiWAAY may delete mailboxes and email using the @hiwaay.net domain and stored on HiWAAY servers without notice based on the following schedules: (i) Email messages (read or unread) that are left in a HiWAAY server "IN-BOX" for three (3) months are subject to deletion. (ii) Accounts whose primary mailbox is unread for six (6) months are subject to continuing immediate deletion of incoming email to the primary mailbox. (iii) Mailboxes (email accounts) with mail that has not been read for six (6) months are subject to removal.
E. DIAL-UP SERVICE TERMS AND CONDITIONS. (i) A local access dial-up number may not be available in all areas. (ii) To access the Service from most locations in the United States and overseas, HiWAAY is a member of iPass. IPASS GLOBAL ROAMING IS AN EXTRA COST SERVICE. (iii) 800# ACCESS IS AN EXTRA COST SERVICE. You are responsible for 800# charges incurred on your account. (iv) Dial-up Service allows one connection at a time for each Subscriber's account. SIMULTANEOUS ACCESS for an account will be BILLED TO YOU AT THE CURRENT RATE POSTED on HiWAAY's Website. (v) Depending on the type of dial-up account you have purchased, you may have "unlimited connect time." The term "unlimited connect time" refers to access to the Internet at any time. The term does not imply a continuous connection.
F. DSL ACCESS SERVICE TERMS AND CONDITIONS. (i) DSL is a best effort service. The actual speed experienced by customers may vary and depends on many factors beyond HiWAAY's control. No minimum level of speed is guaranteed. (ii) For Internet Access Services that require IP addresses, HiWAAY will provide an appropriate range of Internet accessible IP addresses for your router or Local Area Network ("LAN"). The size and price of the range will be determined by your specific justified LAN and Internet service needs and will, at a minimum, adhere to ARIN policy. All IP addresses provided by HiWAAY are the property of HiWAAY and are subject to change.
G. HiWAAY SUPPLIED DSL ROUTER/MODEM WARRANTY. (i) HiWAAY warrants our DSL routers/modems for 30 days from date of purchase. If, during this period, the HiWAY supplied hardware becomes non-operational please return it in the same condition as you received it. We will replace it at no cost to you other than shipping. After 30 days you may still have factory warranties in effect that you can take advantage of to replace defective hardware. It is your responsibility to contact the manufacturer and make arrangements for a replacement.
H. DSL SERVICE TERMINATION ADDENDUM TO TERMS AND CONDITIONS i) In addition to the specific TERMINATION policies and procedures stated in the TERMS AND CONDITIONS, I also understand and agree that if I cancel my DSL service within 6 months of the service activation or re-activation date I will incur an early termination fee. ii) I further understand and agree that moving a DSL service to another phone number or physical address will incur a re-provisioning fee and may also be subject to an early termination fee if the move takes place within 6 months of the DSL service activation or re-activation date.
IV. MISCELLANEOUS. This Agreement, the Terms and Conditions and HiWAAY's other user policies posted on its Website constitute the entire agreement between you and HiWAAY with respect to your use of the Services. HiWAAY may revise, amend, or modify this Agreement, the Terms and Conditions, and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on HiWAAY's Website and/or by email and/or in our various publications and mailings to Subscribers.