Terms and Conditions

Service Agreement

1. Introduction

Dialup 4 Less.com provides its Nationwide Internet Access, as they may exist from time to time ("Services"), to users who pay a quarterly, semi annual or annual service fee to subscribe to the Services ("Members"). 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 Member, please terminate your use of the Services under Section 6.

2. Subscription Requirements:

Members 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. Dialup 4 Less.com is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for Dialup 4 Less.com Services are posted throughout our website at http://www.dialup4less.com These rates may also be obtained by calling (888) 818-0444 8am to 6pm weekdays, Pacific Standard Time. Dialup 4 Less.com reserves the right to change prices, policies and institute new fees and or policies at any time.

3. Payment Obligations of a Member

A. Members must provide Dialup 4 Less.com with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information.

B. Report to Dialup 4 Less.com all changes to this information within five (5) days of the change. Members are responsible for any changes to their account.

C. Members having questions regarding charges to an account, should contact Dialup 4 Less's Billing Department at (888) 818-0444 8am to 6pm weekdays Pacific Standard Time.

4. Credit Card Accounts

All charges are automatically billed to the member's credit card on the day of sign up and each billing anniversary from that point on until the account is cancelled. Once an account is set up, all recurring billing will be on the first of the month. regardless of the day they sign up. You will be billed quarterly , semi-annually or annually depending on the selection you chose when you signed up. In the event the credit card is declined by your Bank, the customer will be notified by email or phone to the 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 $20 Re-Activation Fee on any accounts suspended and then later re-activated. ALL PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS EXPRESSED OR IMPLIED WITH THIS SERVICE FOR ANY REASON. The company listed on the credit card statement will be Hosting 4 Less. Dialup 4 Less.com will not be responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by DialUp 4 Less.com.

5. Term of Agreement

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.

6. Cancellation

You may terminate your account at any time and for any reason by providing notice of intent to terminate to DialUp 4 Less.com by:

A. Fax: Send a Fax In Writing To Dialup 4 Less.com at (818) 773-8023 With Your UserName & Password. Also include a brief reason for cancelling, and effective date.

B. Email: billing@dialup4less.com with your username and password. Also include a brief reason for cancelling, and effective date. C. To protect you and for security purposes, all requests for cancellations or changes will require your user name and password. Dialup 4 Less.com may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Dialup 4 Less.com, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies. Dialup 4 Less.com will provide a termination notice to you by: email addressed to your email account. All notices to you shall be deemed effective immediately. Sections 3, 9, 10, and 12 of this Agreement shall survive termination of this Agreement.

7. 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 Dialup 4 Less.com immediately upon discovering any unauthorized use of your account.

8. Extent of Use

An "Unlimited" access account does not constitute a dedicated connection. Dialup 4 Less.com intends it to be for an unlimited amount of time "manually" making use of the connection (ie: an individual human being sitting at a computer). This service is intended for reasonable usage. Dialup 4 Less.com employs a 10 minute inactivity timer, as well as a 5 hour network cutoff timer to ensure fair access to all customers. Anyone attempting to remain on line continuously by automatically redialing after being disconnected may be cancelled in order to protect our network resources and maintain Service availability for others. In certain rural areas within the USA and Canada we may have access numbers that are surcharged and will be charged a higher price then indicated currently for plans shown on the website.

Email Use and SPAM

Email accounts are limited to 50MB in terms of storage, and a reasonable number of emails sent per day through our servers. It is suggested that Emails be downloaded each time mail is fetched and stored on the server for no longer than 60 days. Dialup 4 Less.com is not responsible for any email that is lost.

Using a Dialup 4 Less.com account for sending of SPAM is prohibited. Tampering with the return address or route report on an email message or Usenet newsgroup is prohibited. Anonymous transmission of any sort is prohibited.

SPAM is defined as any unwanted and unsolicited transmission of data through email and usenet newsgroups. It includes but is not limited to: advertisements for goods or services, chain letters and multi-level marketing, off topic postings to mailing lists or newsgroups, any message sent to more than 5 newsgroups or 3 list owners.

Any violations will be considered a breach of this Agreement and will result in the immediate cancellation of all services without warning.

10. Availablity of the Services

Dialup 4 Less.com may change its POP numbers at any time. Dialup 4 Less.com reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. User names, passwords and email addresses are Dialup 4 Less's property and Dialup 4 Less.com may alter or replace them at any time. The dial-up Internet Access numbers are the local calling numbers according to the latest information that we have available. They are not guaranteed to be a flat-rate local call. That determination can only be made by your local telephone provider. All information returned here should be verified with that provider before it is used. Before you use any dial-up number for Internet access, you must contact your local telephone service provider to verify if the number in question would be a toll-charge call for you. Customers should be able to reach your local operator by dialing "0". Let the operator know the telephone number that you are dialing from and the number that you are dialing to. The operator will then verify whether or not the number is a toll-charge call for you. It is your sole responsibility to verify this information. We are not responsible for any charges you may incur.

11. Privacy Policy

Dialup 4 Less.com strongly respects the privacy of its customers. We will NOT give out your email address and/or personal information to any 3rd party individuals or entities, with the exception if Dialup 4 Less.com is acquired, it may have to provide this information to the purchaser of the business so that they can continue providing Internet service to you. Dialup 4 Less.com also does not monitor your email, world wide web use, or any other aspect of your Internet usage while using our service. Some Dialup 4 Less.com web based services such as our webmail service may use "cookies" to allow our customers to use these online services. Dialup 4 Less.com reserves the right to revise, or modify this privacy policy, as well as any other policies and agreements at any time. Notice of any revision, amendment, or modification will be posted on our website and in accordance with our terms and conditions.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Dialup 4 Less.com.

Dialup 4 Less.com does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Dialup 4 Less.com 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.

The services are provided on an "as is" and "as available" basis. Dialup 4 Less.com does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. Dialup 4 Less.com 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 Dialup 4 Less.com or the Internet generally. No advice or information given by Dialup 4 Less.com or its representatives shall create a warranty. Dialup 4 Less.com 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, Dialup 4 Less's cumulative liability to any member 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.

13. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Dialup 4 Less harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Dialup 4 Less.com, 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 Dialup 4 Less.com against liabilities arising out of: (1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Dialup 4 Less's server; (2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) Copyright infringement and (4) Any defective products sold to customer from Dialup 4 Less 's server.

14. Miscellaneous

This Agreement, and Dialup 4 Less's other user policies posted on Dialup 4 Less's Web site constitute the entire agreement between you and Dialup 4 Less.com with respect to your use of the Services.

Dialup 4 Less.com may revise, amend, or modify this Agreement, and any other user policies and agreements, at any time and in any manner without prior notice.

Please contact one of our Sales Representatives to discuss your particular requirements at 888-818-0444.