PLEASE READ CAREFULLY BEFORE USING OUR INTERNET SERVICES.
PC's Unlimited provides its Internet Access (totalusa.net & pcu.net)
throughout the United States and Canada, as they may exist from time
to time ("Services"), to users who pay a monthly, quarterly,
semi annual or annual service fee to subscribe to the Services ("Customers"
or "Users"). By establishing an account, you agree to be
bound by this Agreement and to use the Services in compliance with
this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement,
including any future revisions, we suggest you not use our Services.
If you are a current Customer, and you do not agree with these terms
please terminate your use of the Services under Section 6.
Customers must be at least 18 years old. Local access dial-up numbers
may not be available in all areas. You are solely responsible for determining
if use of a particular dial-up number will cause you to incur long-distance,
toll or other charges. PC's Unlimited is not responsible for any long-distance,
toll or other telecommunications charges you incur. Current prices for
PC's Unlimited Services are posted throughout our website at http://www.totalusa.net
These rates may also be obtained by calling 435-755-5877 or 877-755-5877
8am to 6pm weekdays, Mountain Standard Time. PC's Unlimited reserves
the right to change prices and institute new fees at any time.
PC's Unlimited has provided nationwide networks to ensure maximum coverage
across the United States and Canada. The primary network service names
are PCU.NET and TOTALUSA.NET with a login for Customers as email@example.com
DIAL UP LIMITS FOR ALL ACCOUNTS:
All standard accounts are assigned “ONE” Dial Up account
with “ONE” username and “ONE” password. Each
Dial-Up account is limited to “ONE” dial up connection.
Each dial-up account is “Non Transferable” and may not be
used to maintain a simultaneous connection. Any subscriber found abusing
this policy will result in the immediate termination of all services.
Totalusa.net/pcu.net Service By PC's Unlimited will provide an account
which is "on demand usage" . Accounts will not be billed hourly
for Internet access and may log on, and keep a connection to totalusa.net/pcu.net
while ACTIVELY BROWSING THE INTERNET up to a limit of 300 hours per
calendar month. This allows our customers on average 10 hours of
usage per day. We have found that this limitation is well above the
normal users usage per month and only affects less than 1% of our users
that typically abuse Internet services. If a user reaches the 300 hour
limit, they will not be able to access the Internet until the beginning
of the next calendar month. Accounts are not to be used for unlimited
or dedicated connections to the Internet. PC's Unlimited employes a
45 minute inactivity timer as well as a 6 hour network cutoff timer
to ensure fair access to all customers. Customers who routinely stay
online for several hours or days at a time using automated mail retrieval,
auto-dialers, or any other programs which force a continual connection
to PC's Unlimited's server and override any PC's Unlimited network management
features, are violating the intent of our access policies and are denying
access to others.
PC's Unlimited reserves the right to review usage patterns and restrict
or cancel accounts that are impeding access by using excessive system
TERM OF AGREEMENT:
Service is month to month beginning on the first day of the month unless
specified on the contract. Service and billing for that service shall
continue and accrue until notification is given by customer or PC's
Unlimited for service cancellation. Customer is responsible for canceling
service. Discontinuance of paying for service without notification by
customer does not imply cancellation of services. All services including
but not limited to, hosting, Dial-Up Access, Dedicated access, fall
under a MINIMUM OF ONE MONTH SERVICE starting from sign-up and continuing
month to month, from the beginning to the end of each month thereafter.
INTRODUCTORY OFFERS which are lower than standard pricing are limited
to one offer per customer, address, household or phone number.
Continued use of the Services constitutes acceptance of this Agreement
and any future versions. If you are dissatisfied with the Services or
any related terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the Services
by terminating your account.
PAYMENT OBLIGATIONS OF A CUSTOMER:
Customers must provide PC's Unlimited with accurate and complete billing
information including legal name, address, telephone number, and credit
Customer promises to pay to PC's Unlimited the TOTAL OF PAYMENTS in
periodic recurring charges or any non recurring charges associated with
customers account type and service. Customer agrees to give notice two
weeks prior to canceling service. Cancellation of service does not imply
refund of payment. Customer will pay any balance due upon cancellation
Customers must report to PC's Unlimited all changes to this information
within five (5) days of the change. Customers are responsible for any
changes to their account.
Customers having questions regarding charges to an account, should contact
PC's Unlimited's Billing Department at 435-755-5877 or 877-755-5877
9:30am to 6:30pm weekdays Mountain Standard Time.
Customers have the option to pre-pay for an account at any time. Prepayments
will appear as a credit on the customers statement until credit expires.
After credit has been depleted, the account will continue to accrue
charges unless formal disconnection to the account has been made upon
depletion of the pre paid credit.
CUSTOMER IS SOLELY RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE
CHARGES INCURRED IN CONNECTION WITH THE USE OF TOTALUSA.NET/PCU.NET
SERVICES. PC'S UNLIMITEDWILL NOT REIMBURSE ANY LONG DISTANCE CHARGES
YOU MAY INCUR. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE
WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS TOTALUSA.NET/PCU.NET
SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER
BILLING AND CREDIT CARD ACCOUNTS:
All charges are automatically billed to the Customer's on the day of
sign up. The account shall be pro-rated to the first day of the month
closest to the customers next billing date. The first day of the month
shall be the new billing date and all future billing dates shall be
based on this date. All charges are automatically billed to the Customer's
credit card from that point on without
notice to the customer of such charge until the account
is canceled or unless the customer has requested to be billed by mail.
If the customer has requested to be billed by mail, the customer shall
be billed by mail from that point on until the account is canceled.
Billing statements will typically be mailed on the first day of the
month. The customer will pay this bill within 10 days of it's mailing.
In the event the credit card is declined by the customers Bank or the
customer fails to pay the balance due on the bill, the customer will
be notified by mail, email or phone to the address/email/phone number
on file. Past due accounts that are not brought current within 5 days
of the notice are subject to suspension and possible account termination.
There will be a $25.00 charge for returned checks.
There will be a $20 Re-Activation Fee on any accounts suspended and
then later re-activated. The company listed on the credit card statement
will be PC'S UNLIMITED.
You may terminate your account at any time and for any reason by providing
notice of intent to terminate to PC's Unlimited 2 weeks in advance by:
TELEPHONE: Call PC's Unlimited Billing at 435-755-5877 9:30am to 6:30pm
weekdays Mountain Standard Time. EMAIL: firstname.lastname@example.org.
WEB SITE Cancellation form at www.totalusa.net/billing.htm
To protect you and for security purposes, all requests for cancellations
or changes will require your username and password. PC's Unlimited may
terminate this Agreement, your password, your account, or your use of
the Services, for any reason, including, without limitation, if PC's
Unlimited, in its sole discretion, believes you have violated this Agreement,
our Acceptable Use Policy, or any of the applicable user policies. PC's
Unlimited may provide a termination notice to you by: email addressed
to your email account or by telephone. All notices to you shall be deemed
PCU.NET and TOTALUSA.NET Services carry a 30 day money back guarantee.
If you are not completely satisfied with our services and you notify
us of cancellation within the first 30 days of your initail contract
date, you will be given a full refund of the contract amount excluding
any mandatory setup fees (typically $0 exept when special arrangements
have been made on the contract), and any applicable domain registration
fees. All cancellations must be forwarded to us via E-Mail, Fax, Phone,
or through our website at http://www.totalusa.net/billing.htm. You must
request a refund at the time that services are cancelled.
If you are on a monthly price plan and are past your initial 30 days
of service, there is no refund amount due. If you choose a multi-month,
semi-annual, or yearly price plan and cancel your service after 30 days,
you will receive a prorated refund for the unused services as determined
by PC's Unlimited's billing department. You must request a refund at
the time that services are cancelled. If PC's Unlimited loses access
numbers in your calling area, you will receive a prorated refund for
the unused service. Please allow 3-5 weeks after refund request is received
by PC's Unlimited to receive your refund.
ACCOUNT, PASSWORD, AND SECURITY:
You must keep your password confidential so that no one else may access
the Services through your account. Sharing your account is prohibited,
your account is for your exclusive use only. You must notify PC's Unlimited
immediately upon discovering any unauthorized use of your account.
USE OF PERSONAL WEBSPACE:
Customers have available to them up to 10 MB of disk space for use as
a personal, non-commercial web site. This space can not be used for
commercial, pornographic or any objectionable material. What is objectionable
will be determined solely by PC's Unlimited's management. If you are
deemed to be in violation of this policy, your space will be deleted
and you may, at our discretion, have your account terminated.
UNAUTHORIZED ACCESS / INTERFERENCE
User may not attempt to gain unauthorized access to, or attempt to interfere
with or compromise the normal functioning, operation, or security of
any network, system, computing facility, equipment, data, or information.
A User may not use the Service to engage in any activities that may
interfere with the ability of others to access or use the Service or
the Internet. A User may not use the Service to monitor any data, information,
or communications on any network or system without authorization. A
User may not attempt to gain unauthorized access to the user accounts
or passwords of other users.
EMAIL AND WEBMAIL SERVICE
These Services are made available to you for your personal use only.
Email accounts are limited to a total maximum data size of 25MB. If
your inbox reaches 25MB, additional messages may be rejected until space
is made available by you. Messages older than 90 days will be permanently
removed from your inbox. You may store messages and data in other folders
located in your webmail, including custom folders for the length of
the term of your paid account with PC's Unlimmited Internet Services.
Any Email account that has NOT been accessed within any 90 day period
may be deleted. Your email account will be deleted immediately following
cancellation your paid account with PC's Unlimmited Internet Service.
PC's Unlimited takes no responsibility for third party content (including,
without limitation, any viruses or other disabling features), nor does
PC's Unlimited have any obligation to monitor such third party content.
PC's Unlimited reserves the right at all times to remove or refuse to
distribute any content on the Service, such as content which violates
the terms of this agreement, including any email that is identified
to possibly contain viruses, spam or any other harmful content. PC's
Unlimited also reserves the right to access, read, preserve, and disclose
any information as it reasonably believes is necessary to (a) satisfy
any applicable law, regulation, legal process or governmental request,
(b) enforce this Agreement, including investigation of potential violations
hereof, (c) detect, prevent, or otherwise address fraud, security or
technical issues (including, without limitation, the filtering of spam),
(d) respond to user support requests, or (e) protect the rights, property
or safety of PC's Unlimited, its users and the public.
PC's Unlimited reserves the right to refuse service to anyone at any
time without notice for any reason. PC's Unlimited will not be responsible
or liable for the exercise or non-exercise of its rights under this
SPAMMING / SPOOFING / FRAUD / E-MAIL
RELAY / DATA COLLECTION
PC's Unlimited prohibits the use of PCU.NET or TOTALUSA.NET Services
in any manner associated with the transmission, distribution or delivery
of any unsolicited bulk or unsolicited commercial e-mail ("Spam").
You may not use any PCU.NET or TOTALUSA.NET services to send Spam. You
also may not deliver Spam or cause Spam to be delivered to any of PCU.NET
or TOTALUSA.NET Services or PCU.NET or TOTALUSA.NET customers.
E-mail sent, or caused to be sent, to or through the PCU.NET or TOTALUSA.NET
Services may not use or contain invalid or forged headers; use or contain
invalid or non-existent domain names; employ any technique to otherwise
misrepresent, hide or obscure any information in identifying the point
of origin or the transmission path; use other means of deceptive addressing;
use a third party's internet domain name, or be relayed from or through
a third party's equipment, without permission of the third party; contain
false or misleading information in the subject line or otherwise contain
false or misleading content; fail to comply with additional technical
standards described herein; otherwise violate PC's Unlimited Terms and
Conditions of Service.
A User may not attempt to send e-mail messages or transmit any electronic
communications using a name or address of someone other than the User
for purposes of deception. Any attempt to impersonate someone else by
altering a source IP address information or by using forged headers
or other identifying information is prohibited. Any attempt to fraudulently
conceal, forge, or otherwise falsify a User's identity in connection
with use of the Service is prohibited.
Users may not broadcast unwanted emails Any use of another party's electronic
mail server to relay e-mail without express permission from such other
party is prohibited.
PC's Unlimited does not authorize the harvesting, mining or collection
of e-mail addresses or other information from or through PCU.NET or
TOTALUSA.NET Services. PC's Unlimited does not permit or authorize others
to use the PCU.NET or TOTALUSA.NET Services to collect, compile or obtain
any information about its customers or subscribers, including but not
limited to subscriber e-mail addresses, which are PC's Unlimited's confidential
and proprietary information. Use of the PCU.NET or TOTALUSA.NET Services
is also subject to the PC's Unlimited Privacy Statement and the PCU.NET
or TOTALUSA.NET Websites
All postings to USENET groups must comply with that group's charter
and other policies. Users are prohibited from cross posting to unrelated
news groups or to any news groups where the post does not meet that
group's charter. Continued posting of off-topic messages, including
commercial messages (unless specifically invited by charter), is prohibited.
Any attempt to post a single article or substantially similar articles
to an excessive number of newsgroups (ie, 20 or more) or continued posting
of articles which are off-topic according to the newsgroup charter or
the article provokes complaints from the regular readers of the newsgroup
for being off-topic. This will result in a charge to User in the amount
of $250.00.This also applies to the usage of e-mail relays on other
networks which provoke complaints from the recipients.
Sending unsolicited mass emailings (i.e., to more than 50 users) which
provoke complaints from the recipients. This will result in a charge
to User in the amount of $200.00.
Engaging in of the above from a provider other than totalusa.net/pcu.net
and using an account on totalusa.net/pcu.net as a mail drop for responses.
This will result in a charge to User in the amount of $200.00.
Continued harassment of the other individuals on the Internet after
being asked to stop by those individuals and by PC's Unlimited.
Impersonating another user or otherwise falsifying one’s user
name in E-mail, Usenet postings, or IRC, or with any other Internet
or BBS service. (This does not preclude the use of nicknames in IRC
or the use of anonymous remailer services.)
customers agree to use the Service only for lawful purposes. Use of
the Service for transmission, distribution, retrieval, or storage of
any information, data, or other material in violation of any applicable
law or regulation (including, where applicable any tariff or treaty)
is prohibited. This includes, without limitation, the use or transmission
of any data or material protected by copyright, trademark, trade secret,
patent, or other intellectual property right without proper authorization
and the transmission of any material that constitutes an illegal threat,
violates export control laws, or is obscene, defamatory, or otherwise
OTHER PROHIBITED ACTIVITIES
Attempting to intercept, redirect, or otherwise interfere with communications
intended for others.
Intentionally transmitting files containing a computer virus or corrupted
Any other inappropriate activity or abuse of the Service (as determined
by us in our sole discretion), whether or not specifically listed in
these Policies, may result in suspension or termination of the customer's
access to and use of the Service.
Any violations will be considered a breach of this agreement and will
result in the immediate cancellation of all services without warning.
Users whose accounts are terminated for any of the above infractions
are also responsible for the cost of labor to cleanup and respond to
complaints incurred by PC's Unlimited
AVAILABILITY OF THE SERVICES
PC's Unlimited may change its POP numbers at any time. PC's Unlimited
reserves the right to direct Customers to use certain numbers to access
the Service or to restrict use of specific access numbers. Usernames,
passwords and email addresses are PC's Unlimited's property and PC's
Unlimited may alter or replace them at any time.
PC’s Unlimited may disrupt service temporarily in order to improve,
upgrade, repair, or maintain equipment related to the service.
PC’s Unlimited is not responsible for service disruptions by it’s
supplier or other sources beyond PC’s Unlimited’s control
MONITORING THE SERVICES
PC's Unlimited has no obligation to monitor the Services, but may do
so and disclose information regarding use of the Services for any reason
if PC's Unlimited, in its sole discretion, believes that it is reasonable
to do so, including to: satisfy laws, regulations, or governmental or
legal requests; operate the Services properly; or protect itself and
PC's Unlimited may immediately remove your material or information from
totalusa.net/pcu.net servers, in whole or in part, which PC's Unlimited,
in its sole and absolute discretion, determines to infringe another's
property rights or to violate our Acceptable Use Policy.
DISCLAIMER OF WARRANTIES and LIMITATION
PC's Unlimited does not control any materials, information, products,
or services on the internet EXCEPT those specifically identified by
The internet contains unedited materials, some of which are sexually
explicit or may be offensive to you. PC's Unlimited has no control over
and accepts no responsibility for such materials.
You assume full responsibility and risk for use of the services and
the internet and are solely responsible for evaluating the accuracy,
completeness, and usefulness of all services, products, and other information,
and the quality and merchantability of all merchandise provided through
the service or the internet.
Customer asumes full responsibility for backing up all data such as
web sites, email and any other customer data that may be stored on PC's
Unlimited's servers. PC's Unlimited is not responsible for loss of any
The services are provided on an "as is" and "as available"
basis. PC's Unlimited does not warrant that the services will be uninterrupted,
error-free, or free of viruses or other harmful components.
PC's Unlimited makes no express warranties and waives all implied warranties
including, but not limited to, warranties of title, noninfringement,
merchantability, and fitness for a particular purpose regarding any
merchandise, information or service provided through PC's Unlimited
or the Internet generally.
No advice or information given by PC's Unlimited or its representatives
shall create a warranty. PC's Unlimited and its employees are not liable
for any costs or damages arising directly or indirectly from your use
of the services or the internet including any indirect, incidental,
exemplary, multiple, special, punitive, or consequential damages. In
any event, PC's Unlimited's cumulative liability to any Customer for
any and all claims relating to the use of the services shall not exceed
the total amount of service fees paid during a one month period.
Customer agrees that it shall defend, indemnify, save and hold PC's
Unlimited harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against PC's
Unlimited, its agents, its customers, officers and employees, that may
arise or result from any service provided or performed or agreed to
be performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless PC's
Unlimited against liabilities arising out of;
Any injury to person or property caused by any products sold or otherwise
distributed in connection with PC's Unlimited's servers;
Any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
Copyright infringement and
Any defective products sold to customer from PC's Unlimited's server.
The customer will be responsible for all legal and collection fees including
attorney’s fees and court costs in the event of any disputes or
events where fees are incurred. Any dispute or legal action arising
from this transaction will only be entertained within the jurisdiction
of the Cache County, Utah Court System.
CHANGE OF POLICIES AND LIMITATION
These policies are subject to change at any time by PC's Unlimited acting
in its sole discretion, and all such changes shall be binding upon implementation
without notice to the customer.
In the event that PC's Unlimited determines that Customer has violated
or will violate any of these policies, PC's Unlimited may take such
action as PC's Unlimited solely determines to be appropriate under the
circumstances as known to PC's Unlimited at the time such action was
taken to eliminate or preclude such violation, and PC's Unlimited shall
not be liable for any damages of any nature suffered by any Customer,
Client, or third party resulting in whole or in part from its exercise
of its rights under these policies.