This is a legal agreement between you and mFire for the use of the Internet access service and related features (the "Service"). If you do not agree to the terms and conditions in this Agreement, do not register for or use the Service. By completing the registration, you signify your agreement with the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, please return the mFire software and all associated materials to mFire.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of mFire in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
1. The Service.
The Service consists of dial-up Internet Protocol ("IP") connectivity to the mFire Network, as well as access or connectivity to any of the information sources or services which may be provided by mFire or be available from other service providers participating in or connected to mFire's Service. Some of these additional services may be provided without charge to users of mFire's Service, but separate charges may be applicable to some of these other services. These charges may appear on your bill from mFire, or they may be billed to you separately by the providers of such services. Some other providers may also have additional registration or eligibility requirements in order to use their services. By posting updated versions of this Agreement on the Service, mFire may modify the terms of this Agreement or prices for the Service, and may discontinue or revise any or all other aspects of the Service in its sole discretion and without prior notice. All such changes shall become effective upon posting of the revised Agreement on the Service, as to Service used by you after the date of such changes. The updated, on-line version of this Agreement shall supersede any prior paper or disk based copies of this Agreement that may have been in any related materials provided by mFire.
This Agreement for the use of the Service will be in effect from the date your completed registration is accepted by mFire. User may cancel or terminate service at any time by giving a 30-day advance written notice to mFire or by calling 1-866-MFIRE79 (1-866-634-7379) 30 days in advance of your next billing period. This Agreement and your use of the Service may be terminated by MFIRE at any time with or without notice for your non-payment or other default. The provisions of MFIRE'S Acceptable Use Policy and all obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement.
There will be a $20 fee to re-activate your service if you are suspended for non-payment via credit card or ACH. This fee must be paid before you can reactivate your account.
3. Service Rates and Charges.
The rates and charges for the Service shall be as set forth in your registration package or otherwise in accordance with mFire's rate schedule as in effect from time to time, a copy of which is posted on-line or otherwise shall be provided to you upon request. Rates and charges, and other terms and conditions of the Service, are subject to change by mFire and will be provided on the Service. You will be billed in advance for the term of service you have chosen, monthly, quarterly, or yearly. And for any other services utilized by you or other users of your account which are billed for by mFire in connection with the Service (including any applicable taxes), either directly by mFire or through a third party billing agent, or you're designated credit card company. If paid by credit card, the terms of the applicable credit card agreement will apply. Otherwise, payment for the Service and any such other services billed for by mFire, including any applicable taxes, must be received by mFire or its billing agent prior to the first of each month, if any payment due here under is not made within three (3) days, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment and a $10.00 reconnection fee must be paid.
This Agreement for the use of the Service will begin to take effect on the date that your completed registration is accepted by Company. You will be charged for the entire calendar month for each calendar month during any part of which you are authorized to access the Service. You may cancel or terminate Service at any time by providing to Company written notice one calendar month in advance of the month in which Service is to be terminated. Please review the following examples very carefully:
a. Example 1. If you provide cancellation notification on the first day of January, you will be billed for January and February. Your Service will be terminated upon the commencement of the following month, March.
b. Example 2. If you sign up for the Service on the 31st of January, you will be charged for the entire month of January. You authorize mFire to continue to charge the credit card or checking account you have provided, for all fees and charges due, until you change your payment method or cancel your account. You understand that you must notify mFire in writing, via fax, USPS, hand delivery, or by calling 1-866-MFIRE79 (1-866-634-7379), 30 days in advance of your next billing period of any request to change or discontinue this automatic charge agreement.
You understand that the services provided by mFire may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. mFire shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
In addition to any other fees and penalties that may be assessed by mFire, as provided herein, you shall be held liable for any and all costs incurred by mFire as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of spam and/or unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
4. Other Responsibilities of User.
You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either your account ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family to access the Service using your account ID and password), and that you will be responsible for all usage of the Service and any other services accessed through the Service on your account whether or not authorized by you. You agree that your Network Access will not exceed 150 hours in a single month. You agree to pay the applicable fees as set forth in your billing statement by the due date, and to pay any interest or late fees incurred for late payment of the required fees.
You agree not to transmit or publish on or over the Service any information, software or other content, which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You acknowledge that you are aware that certain content, services or locations of the Service or of other parties that may be accessible through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by any minors whom you permit to use the Service. mFire may modify this Agreement from time to time. It is your responsibility to check this Agreement regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
You further agree that mFire reserves the right to take whatever actions it deems appropriate to enforce these requirements and responsibilities. mFire also reserves the right to change any use policies without prior notice at any time. The actions mFire takes for violation of any of your responsibilities may include account suspension or termination. mFire does not issue any credits for accounts cancelled due to these violations. mFire reserves the right to refuse service to anyone at anytime for any reason.
5. Limitation of Warranties and Liability; Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MFIRE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT MFIRE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER MFIRE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD MFIRE RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM MFIRE MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE).
6. Remedies of User.
Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for mFire to use reasonable efforts to effectuate an adjustment or repair of the Service and, in the event such downtime exceeds twenty-four consecutive hours, to receive a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime.
7. Limitation of Liability.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall mFire's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.
8. Indemnification by User.
You shall indemnify and hold harmless mFire and any of its underlying service providers, information providers, licensors, employees or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
9. Use of Materials, Marks and Information.
(a) You may use, copy and distribute the materials found on the Service for internal, noncommercial, informational services only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by mFire, its affiliates and/or any third party owner of such rights.
(b) The mFire and logos and all related product and service names, design marks and slogans are the property of mFire or its affiliates. You are not authorized to use any mFire name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of mFire.
(c) Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to mFire will be treated as being non confidential and nonproprietary. mFire assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. mFire will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. mFire may also use your status as a subscriber to the Service for the purpose of marketing to you other mFire products and services.
All product and service marks contained on or associated with the Service that are not mFire marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply mFire's endorsement, sponsorship or recommendation of the third party, information, product or service.
11. Browser Software.
If any Internet browser or other software has been provided to you for use with the Service, you agree to be bound by and to comply with the terms and conditions of the separate software license which is applicable to and was provided to you along with such software.
(a) mFire shall not be responsible for any delay in delivery or performance of any of its duties here under due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure.
(b) Your right to use the Service is not transferable and is subject to any limits established by mFire and by your credit card company if billing is through a credit card.
(c) No action, regardless of form, arising out of the Service or this Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.
(d) This Agreement and the Service shall be governed by the laws of the State of California, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. THE PARTIES IRREVOCABLY AGREE THAT ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SERVICE SHALL BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE CITY OF SAN DIEGO, STATE OF CALIFORNIA. BY ACCEPTANCE OF THIS AGREEMENT, EACH OF THE PARTIES HEREBY IRREVOCABLY ACCEPTS AND SUBMITS TO THE JURISDICTION OF SAID COURTS IN PERSON, GENERALLY AND UNCONDITIONALLY IN CONNECTION WITH ANY SUCH ACTION OR PROCEEDING.
(e) This Agreement and any modifications published by mFire over the Service constitute the entire and only agreement between you and mFire with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.
(e) Your use of the Service is also governed by mFire's Acceptable Use Policies applicable to the Service, which are available on-line via the Service and which are subject to change by mFire from time to time.
(f) You must provide all telephone and other equipment, software (other than any browser software that may be provided by mFire and services necessary to access the Service, including any inter exchange (interLATA) long distance service which must be provided by the carrier or other provider of your choice, and shall be solely responsible for all costs and expenses related to such equipment and services.
You are responsible for choosing a dial-up number that is a local call. mFire shall in no event be liable for any long distance or other telephone charges billed to you or incurred by you while using its Internet Service.
(g) You assume all risk and liability of your use of the Internet or other services or content accessible through mFire's Service, including your continuous compliance with this Agreement.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US
Do not send us any confidential or proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will be also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
CONTENT AND LIABILITY DISCLAIMER
Material on mFire's Web Sites may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. mFire may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice. The materials on mFire's Web Sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall ANY mFire Company be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in contract or tort, arising out of or connected with any mFire Web Site or the use, reliance upon or performance of any material contained in or accessed from any mFire web site.
Anti Spam Policy
Advertising by spamming, is a violation of mFire's Acceptable Use Policy. This includes any URLs off mFire's network, whether or not the spam was transmitted from mFire customer networks.
It is mFire's position that any Website engaged or benefiting from spam shall be removed from our network. However, if you feel other measures can be taken which will stop the spam, you may contact mFire's Internet Abuse Investigations team to discuss the incident. It is imperative that you respond to this complaint so that the Internet Abuse Investigations team will know the issue is resolved.