1. RIGHT TO MODIFY RESERVED
These terms and conditions may be modified by MTA Online at any time. A current copy will always be available online. Continued usage of an MTA Online account subsequent to any modification in these terms and conditions constitutes acceptance of the modification.
2. USE FOR LAWFUL PURPOSES
Services provided by MTA Online may be used only for lawful purposes. Two categories of unlawful activity are of special note. First, transmission, distribution, posting or storage of any material in violation of any Federal, state or local law is strictly prohibited. This includes, but is not limited to transmission, distribution, posting or storage of:
a. material that is obscene or defamatory;
b. material which would constitute an illegal threat;
c. material the export of which would violate applicable export control laws;
d. material that is protected by copyright, trademark, trade secret or other intellectual property right. Second, activity which in any way interferes with any person, entity or computer system accessible via the Internet - regardless of whether the interference is in violation of Federal, state or local law - is strictly prohibited. Such activity would include, but not be limited to:
a. unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network;
b. interference with any person, entity, host or network, including but not limited to, mail bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network. Please note that the prohibition against use of an MTA Online account to engage in unlawful activity is not limited to those activities described above, but applies to any and all unlawful activity. Any account found in violation of the provisions of this section will be immediately suspended.
3. EMAIL USAGE - LIMITATIONS
The owner of an MTA Online account is entitled to make use of email services through MTA Online. MTA Online has virtually no control over email incoming to MTA Online customers. However, MTA Online does impose restrictions on email sent out by MTA Online customers. Use of an MTA Online account to send unsolicited email messages of any type - whether commercial or non-commercial, for profit or non-profit - is strictly prohibited. Any account found in violation of the provisions of this section will be immediately suspended.
4. NEWSGROUP POSTING LIMITATION
The owner of an MTA Online account is entitled to access newsgroups (also referred to as Usenet) through MTA Online. MTA Online has no control over what others on the Internet might post to the many newsgroups available on the Internet. However, MTA Online does impose restrictions on what the owner of an MTA Online account may post. Use of an MTA Online account to post to a newsgroup in violation of the charter for the newsgroup, if any, is prohibited. Use of an MTA Online account to post the same or similar message to more than one newsgroup (referred to as cross-posting) is also prohibited.
5. INFORMATION, FILES AND PROGRAMS - USE AT YOUR OWN RISK
Access to all manner of information, files and programs is available on the Internet through use of an MTA Online account. When accessing such resources, MTA Online strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. MTA Online cannot, and does not attempt to guard account owners from any risk of harm associated with Internet access. MTA Online can only urge caution in the retrieval and/or use of any information, file or program from the Internet. MTA Online explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an MTA Online account is at the sole risk of the owner of the account.
6. PERSONAL INFORMATION
When using any online resource - whether email, newsgroups, Web page postings, chat groups, online shopping, or other resources available on the Internet - MTA Online cautions account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). MTA Online explicitly disclaims any and all liability for loss or other damage of any type which is or might be incurred by the owner of an MTA Online account as a result of divulging personal information. All such information is divulged, if at all, at the sole discretion and risk of the owner of the account.
7. UNLIMITED INTERACTIVE USE**
A standard dialup account entitles the owner of the account to "unlimited interactive use" of a connection with MTA Online. Some Internet service providers refer to this as "unlimited attended use," meaning that the customer must be in attendance at their computer for the duration of an online session. The intent is to provide an account which may be used for as long as the owner desires to interactively:
a. surf the Web;
b. send or receive email;
c. download or upload files;
d. participate in online chat sessions;
e. download or post Usenet messages;
f. otherwise interactively do something with the connection. If the owner of a standard dialup account is not actively using a connection to MTA Online, then connection must be terminated. Use of any means to maintain a connection to MTA Online without the interactive participation of the owner of the account is strictly prohibited. Detection of a pattern of repeated, non-interactive use of a standard dialup account will result in either (1) imposition of charges to the account at the then-current rate for a dedicated dialup account, or (2) in suspension of the account. The choice of whether to impose charges or suspend the account shall be at the sole discretion of MTA Online. ** MTA Online reserves the right to initiate a session timeout.
8. ONE ACCOUNT, ONE CONNECTION
Multiple, simultaneous connections from an MTA Online dialup and DSL account are prohibited. This means that an MTA Online account may be dialed into one modem in MTA Online's modem pool at any given time. Any dialup or DSL account found connected to two or more MTA Online modems at the same time will be suspended immediately.
9. YOUR ACCOUNT, YOUR RESPONSIBILITY
The owner of an MTA Online account is responsible for any and all use made of the account. Thus, any violation of these terms and conditions by an account will be held by MTA Online to be the responsibility of the owner of the account, regardless of the owner of the account was personally responsible for the violation.
10. SPEED AND PER GIGABYTE UTILIZATION
DSL speeds are representative of bandwidth values that may be obtained under optimal conditions. MTA Online does not guarantee that these values will be achieved. MTA Online's DSL service is subject to a standard usage limit. Any utilization in excess of the standard usage limit will be billed on a per gigabyte rate.
11. INTERRUPTION OF SERVICE
From time to time, the services offered by MTA Online will be interrupted. Interruptions of service may occur for any number of reasons. For standard dialup accounts, an online session may be interrupted if it remains idle for too long a time, or for other similar reasons. Interruptions of service may occur in a given city or network wide in order for MTA Online to perform maintenance tasks - such interruptions will generally be announced in advance of the interruption. Interruptions may also occur for reasons completely beyond the control of MTA Online. Use of an MTA Online account constitutes acknowledgment by the owner of the account that such interruptions will occur from time to time. Each owner of an MTA Online account acknowledges and agrees that MTA Online shall not be liable to the owner for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. Each owner of an MTA Online account further acknowledges and agrees that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is the responsibility of the owner, and not that of MTA Online. By way of example, access to online brokerage services via the Internet would be lost during an interruption of service. MTA Online cannot and will not be responsible for such loss of access, regardless of whether the loss of access occurs as a result of an interruption of service by MTA Online, or for any other reason. It is the responsibility of the owner of an MTA Online account to plan in advance against the possibility of occasional loss of access to such services.
12. LIMITATION OF LIABILITY
Use of an MTA Online account constitutes acknowledgement by the owner of the account that MTA Online:
a. is not the manufacturer of equipment used to provide access to the Internet;
b. is not the developer of software used to access Internet resources, including software provided by MTA Online, if any;
c. is not the developer or provider of content available on the Internet. IN CONJUNCTION WITH (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY MTA ONLINE, IF ANY, AND (4) ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME, MTA ONLINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Use of an MTA Online account constitutes agreement that any and all damages which might arise from:
a. use of services provided by MTA Online;
b. use of equipment used by MTA Online to provide such services;
c. use of software used to access Internet resources, including software provided by MTA Online, if any;
d. use of any content which might be encountered on the Internet from time to time any and all such damages, of any type, shall be the responsibility of the owner of the account, and shall not be the responsibility of MTA Online. Use of an MTA Online account constitutes a waiver of any and all claims against MTA Online for any and all such damages. None of the provisions in this section of these terms and conditions shall be deemed to negate any other provision of these terms and conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.
13. TERMINATION OF AN ACCOUNT
Use of the words "owner" and "ownership" in these terms and conditions shall not be deemed to convey any property interest in the resources of MTA Online, in the login name(s), the email address(s), or any other element of an MTA Online account. MTA Online may at its discretion terminate an account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, the owner of an account may terminate the account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account. Use of the words "owner" and "ownership" in these terms and conditions shall not be deemed to convey any property interest in the resources of MTA Online, in the login name(s), the email address(s), or any other element of an MTA Online account. MTA Online may at its discretion terminate an account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, the owner of an account may terminate the account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account.
14. PRIOR TERMS & CONDITIONS SUPERSEDED
These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to an MTA Online account unless specifically adopted in a written agreement between MTA Online and the owner of the account. To be effective, any such written agreement must include specific language indicating that the written agreement is in addition to the online terms and conditions, and that the written agreement shall control in the event of a conflict with the online terms and conditions. These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to an MTA Online account unless specifically adopted in a written agreement between MTA Online and the owner of the account. To be effective, any such written agreement must include specific language indicating that the written agreement is in addition to the online terms and conditions, and that the written agreement shall control in the event of a conflict with the online terms and conditions.
15. PRICING - SEPARATE FROM THESE TERMS AND CONDITIONS
Pricing for MTA Online accounts is established separately from these terms and conditions. Failure of an owner of an MTA Online account to pay for use of an MTA Online account in accordance with pricing established by MTA Online shall result in immediate suspension of the account. Pricing for MTA Online accounts is established separately from these terms and conditions. Failure of an owner of an MTA Online account to pay for use of an MTA Online account in accordance with pricing established by MTA Online shall result in immediate suspension of the account.
