1 American Digital Online Services, Inc. (ADOS) is a computerized information service providing Internet access and associated Internet and computer oriented services. By your signature hereto or by accessing this system or utilizing any of the services provided by ADOS, you, the subscriber, agree to the terms and conditions of this agreement and to pay for all services when due, and further, that you have read and accept the terms and conditions set forth herein.
2 Trial Subscription: To introduce you to our service, ADOS may provide a free of charge, one-time two (2) day trial subscription. Other than those provisions of this agreement relating to payment for ongoing service, all provisions of this agreement apply to trial subscriptions. On the second day you will receive an email asking you to confirm whether or not you wish to continue service. At that time you must confirm by email your intention to continue service, and all provisions of this agreement will apply. If you do not advise ADOS of your continuation of service the trial subscription will be closed. Accessing more than one trial subscription will be considered as a standard service subscription, and charged for accordingly. ADOS will require a valid credit card with expiration date to secure the trial subscription.
A) Content Of Transmitted Material: ADOS reserves the right, in its sole judgment and discretion, to determine the appropriateness of any transmitted or posted material and to edit, delete, or otherwise alter any information entered into the system by any and all users and subscribers. Including but not limited to, the right to review and/or delete electronic mail, including private mail, which it deems to be a violation of paragraph three, of this agreement. ADOS expressly reserves the right to delete any electronic mail after thirty (30) days, or if any mailbox exceeds five megabytes of material.
B) Restricted Material: Access to the Internet is provided through our service. ADOS is not responsible for long distance you might incur when accessing our system. You may be able to access adult/mature information via this vast information link. ADOS does not support this, but will not restrict access to this type of information. It is your obligation to make sure you or your children's or any other person's access to this information is properly controlled to your standards. ADOS does not allow the storage, posting, or publication of any material or information of this type.
3 Intellectual Property Rights: You warrant that any material entered into ADOS or electronically transferred to ADOS, through the use of your password, is original except for excerpts from copyrighted works, which are included with the written permission of the copyright owner, or is considered public domain or "shareware" by the original author. You further warrant that such material does not violate or infringe any copy right, trademark, patent, statutory, regulatory or common law or any proprietary rights of any third party or entity. The transmission of material containing any information which is, in ADOS's sole opinion and discretion, injurious, illegal, obscene libelous or otherwise in violation of this agreement is expressly prohibited.
4 Term: The term of this Agreement will vary depending upon the election you made at the time of subscribing, but may be extended upon payment of a renewal fee. ADOS reserves the right to change the rates, fees, and services provided to you upon thirty (30) day notice by electronic mail delivered to your email address.
5 Hours of Access: Your subscription authorizes you to a specified number of hours of access to the ADOS system per month. If you exceed the allotted amount of hours given for your subscription, ADOS reserves the right without further notice, to adjust your account up to the level reflecting your monthly usage. You will be responsible for any increase in monthly charges and/or activation fees.
6.1 Billing and Payment: ADOS bills for services one month in advance. All billing shall be via email to your email address. Billings will be sent on the fifth day of each month, and shall be due by the fifteenth. If the fifth of the month falls on a weekend or a holiday, billing will be processed on the Friday before. Written bills will be provided for $1.00 per month additional fee, accounts unpaid by the twentieth shall be charged a late fee of $5.00. If any account is unpaid for a period of seven (7) days service may be immediately suspended until the account is paid in full including a reconnection fee and sufficient security acceptable to ADOS to insure future payment.
In consideration of reconnecting and the granting of further credit to you, at the time of reconnection, subscriber shall provide ADOS with a credit card account number and expiration date acceptable to ADOS. This credit card will only be used in the event of non-payment as described above, unless otherwise authorized by you. ADOS is expressly authorized to charge the past due amount to the credit card. Rejection of the charged amount by any credit card issuer will result in immediate collection action.
6.2 Billing and Payment for old CLC Customers will be the same as in section 6.1 with the exception of the dates. Billing will be processed on the twentieth of each month, and shall be due by the first of the next month.
6.3 Refunds: Refunds will only be given in the case of an error on the part of ADOS, but may be offered as described in section 14 of this agreement. If ADOS chooses to offer a refund, there will be an early termination fee equal to $25.00 or 50 percent of the remaining credit, which ever is less.
6.4 Credits: You understand that you are paying for the right to access this service and that because you do not use it for whatever the reason, credits will not be given.
6.5 Outstanding Balance: All outstanding balances will be charged to a valid credit card held on file at the time of account closure or collections. If the customer does not have a valid credit card on file the collection process will be begin no earlier then 30 days from the date of default.
7 Automatic Renewal and Termination: This agreement shall renew automatically with no further notice from month to month or upon the (annual) anniversary date hereof. To cancel automatic renewal you must notify the office at least ten days prior to the renewal date. Failure to so notify shall result in continuing service and the obligation to pay for that service until terminated as follows. Termination must be by CANCELATION FORM, but must be received by ADOS not less than ten days prior to the end of any service period, (monthly annually etc.) Refunds will not be given. All charges shall be due at the time of termination. At the time of subscription you will provide ADOS with a security code word to authenticate all email messages.
8 Reservation of Service: We reserve the right to refuse service to anyone for any reason, and your subscription may be revoked without refund at any time for failure to comply with any term of this agreement.
9 Revocable License: ADOS gives you, the subscriber, a revocable license to utilize the herein described service. Under no circumstances shall any person other than the named subscriber, use this account. You, the Subscriber may use your account to access the Internet from several locations. It is however strictly prohibited to gain more than one (1) simultaneous connection with one (1) account. Violation of this may result in suspension, and or, in ADOS's sole discretion the complete and permanent denial of ADOS's service. Username changes can be made by contacting ADOS. There is a $5.00 fee to change your primary user name. All multiple accounts must be previously authorized by ADOS. Failure may result in removal, or suspension of all system accounts.
10 Competitive Material: ADOS reserves the right, In it's sole discretion, to refuse publication of any Web Page or classified add, or any other publication or communication that in ADOS's sole judgment, is or may be directly or indirectly competitive to ADOS's business interests (i.e.: Other Internet related services, Tele-communications, and other computer type services.)
11 Spamming: Unsolicited, commercial mass e-mailing ("spamming") is strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward ADOS, but also because it can overload equipment and disrupt service subscribers. Accordingly such practices are strictly prohibited, and a violation of the terms of this agreement. ADOS
reserves the right to prosecute by civil or criminal action such prohibited activity. There will be a $1,000.00 clean up fee applied to the Credit Card or Account of anyone caught spamming.
12 Jurisdiction, Binding Effect and Costs of Collection: This agreement is made in Oregon and shall be interpreted according to the laws of Oregon. This agreement is binding upon the parties their heirs’ successors and subject to the limitation on assignment set forth herein assigns. The obligation to pay any amount due ADOS
hereunder shall survive the termination of this agreement. Should ADOS require the services of a collection agency or an attorney or to bring any action to collect any amount due hereunder or as a result of any other liability arising out of breach of this agreement, subscriber shall pay the reasonable costs of such collection or action including but not limited to, attorney fees, filing fees, court costs, discovery costs and any other fee or cost commonly and normally associated with debt collection or litigation.
13 All accounts are due and payable at the time of service/purchase, unless arrangements have been made with our office manager or credit department. On accounts which have established arrangements, payment is due upon receipt of the monthly statement. Accounts which become delinquent may be subject to collection activity, and a $25.00 late fee may be added to cover the cost of additional handling required.
Returned, Canceled or NSF checks will be subject to a $25.00 fee, as specified by state law. You, the subscriber also agrees to pay ADOS any other fees acquired directly or indirectly by your action. This ensures that our good-paying customers will not be penalized to cover the cost resulting from those who do not pay on time. It is not our intention to cause undue hardship, however we must collect our receivables as efficiently as possible in order to continue our service to the community.
14 Modification: This agreement may be modified from time to time by e-mail notice to Subscriber. In the event subscriber does not agree with the proposed modification, Subscriber shall notify ADOS in writing with in ten days of the subscriber's termination of this agreement. The subscriber's service will be discontinued at the expiration of the current term, or in the event of a prepaid annual subscription a pro rata refund may be issued.
Your IP Address
We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information. Our site's registration form requires users to give us contact information (like their name and e-mail address). The customer's contact information is used to contact the visitor when necessary.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. ADOS, Inc. feels strongly that your personal data should only be seen by you, unless you choose to share it with others. ADOS, Inc. will never allow others to view or use any information stored on your ADOS, Inc. unless you request it.
The Information That We Collect From You
In connection with your use of the Site, the Operator may collect personally identifiable information (such as your name, address, telephone number and email address) and aggregate information (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using). By using this site, you agree to our collection of this information.
The Operator may collect aggregate information through the use of "cookies" or by other electronic means. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer's hard drive. With most browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. You can refer to the instructions for your browser to learn more about these functions. If you choose to reject cookies, the functionality of the Site for you will be severely limited.
Ownership and Use of Information
Any information collected by the Operator in connection with your use of the Site - regardless of whether characterized as Personal Information or aggregate - shall belong exclusively to the Operator.
All Web site design, text, graphics, the selection and arrangement thereof, and all software Copyright © 1997, ADOS, Inc., ALL RIGHTS RESERVED. Any use of materials on this Web site--including reproduction, modification, distribution, or republication--without the prior written permission of American Digital Online Services, Inc. is strictly prohibited.
ADOS, Inc., logo and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of ADOS, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.