Terms and Conditions
This agreement represents the complete agreement and understanding between GMD COMPUTER SYSTEMS and Customer and supersedes any other written or oral agreement. Upon notice published on-line, GMD COMPUTER SYSTEMS may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.
Provision of Services
GMD COMPUTER SYSTEMS will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. GMD COMPUTER SYSTEMS services are defined as the use by Customer of computing, telecommunications, software, and information services provided by GMD COMPUTER SYSTEMS. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the world-wide computer network known as the Internet
Account and Agreement Terms
This agreement shall remain in effect until Customer terminates his/her account or GMD COMPUTER SYSTEMS cancels Customer's account. GMD COMPUTER SYSTEMS may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify GMD COMPUTER SYSTEMS in writing or by e-mail of any changes in the account information, such as address or phone number. GMD COMPUTER SYSTEMS also requires updated credit card information from those customers choosing this method of payment one month prior to the card expiration date. We strongly recommend you send this information by mail.
All accounts described below are for personal, non-transferable access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others. EACH INDIVIDUAL PERSON WHO USES GMD COMPUTER SYSTEMS MUST HAVE THEIR OWN ACCOUNT. This is to protect the account holder
GMD COMPUTER SYSTEMS reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If the customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving GMD COMPUTER SYSTEMS proper written notice in accordance with the terms and conditions stated herein. GMD COMPUTER SYSTEMS also reserves the right to terminate an account at any time for any reason. Customer will receive a refund for any prepaid but unused time.
Billing/Terms/Termination
GMD COMPUTER SYSTEMS will bill Customer monthly subscription and connection fees as set forth in GMD COMPUTER SYSTEMS current rate schedule. This schedule may be modified by GMD COMPUTER SYSTEMS upon 30 days notice in writing or by email to Customer.
GMD COMPUTER SYSTEMS will enable Customer's Internet access account during the first 10 days until the first months usage and set-up fees are paid and the GMD COMPUTER SYSTEMS Service Contract is received from Customer. It must be signed and dated by Customer and by Customers' parent or legal guardian if Customer is under 18 years of age.
GMD COMPUTER SYSTEMS does not recommend sending cash through the mail; we are not responsible for the loss of your funds.
If you use a credit card your subscription will automatically be charged to your credit card on a monthly basis on the first day of each month until GMD COMPUTER SYSTEMS is notified in writing of your request to cancel service. We also accept Checks and money orders as well as purchase orders from qualified firms.
GMD COMPUTER SYSTEMS accounting period is one month and the accounting cycle begins on the first day of usage. The initial account billing will cover the month for which the account is established. The Customer must notify GMD COMPUTER SYSTEMS at least 15 working days before the next payment is due if Customer wishes to change the method of payment. Customer must notify GMD COMPUTER SYSTEMS at least 10 days before the next payment is due if Customer wishes to change type of account.
Service payments will be submitted in advance of receiving services. Delinquent accounts are those that remain unpaid on the 10th day of the accounting cycle. All delinquent accounts are subject to a $15.00 late fee, and will also be subject to disconnect there will be a $15.00 reconnect fee due upon restore of service. If an account is delinquent for 30 days GMD COMPUTER SYSTEMS reserves the right to delete the account and all associated files. Once deleted, all record and files in your account are never accessible or recoverable. There is a $25.00 service charge for each returned check.
Termination requests for GMD COMPUTER SYSTEMS accounts must be received in writing via email, or postal service at GMD COMPUTER SYSTEMS 220 Eagle Blvd. Shelbyville, TN 37160 main office. Accounts will be terminated within 5 working days after the receipt of such requests.
You are responsible for remitting payment to GMD COMPUTER SYSTEMS before the next billing cycle to extend your subscription. GMD COMPUTER SYSTEMS will invoice all unpaid accounts paid by a means other than credit card on the 1st day of the billing cycle. The fee for invoicing is one dollar per month(if you pay your account before the invoices are sent you will not be charged this fee). Failure to receive this invoice does not relieve your responsibility to pay Note that if your account expires due to non-payment, it will be held inactive for 30 days; if you renew before that time, your files and any incoming mail will remain intact, BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of your payment. That is, if your account expires on March 11th, and we receive payment on March 30th for one additional month, your new expiration date will be April 11, NOT April 30.
If you wish us to archive files to floppy disk when your account expires, you must deliver to us within 30 days the media necessary (sufficient floppy disks and a $20.00 processing charge). GMD COMPUTER SYSTEMS will archive the files, including your mailbox, and return them to you via US Post. Note that we must RECEIVE the media, payment and request prior to the 30 day period or we will have automatically deleted your account -- making recovery of the data impossible.
If your account is about to expire and you do not intend to renew we offer a mail forwarding service where we will forward your email to your new account for 30 days. You must have the consent of the system administrators at the new forwarded site before we will install the forwarding address. Note that only mail which arrives after the forwarding is installed will be sent onward to you. There is a no charge for this service as long as your account is in good standing at the time of request, otherwise, mail will be returned to sender as undelivered, address unknown.
Customer is responsible for all fees up to the date of termination of the service, except where GMD COMPUTER SYSTEMS is unable to provide services under this agreement through its own negligence.
Customer is responsible for any long distance charges by your telephone company it is your responsibility to make sure you are using a local number GMD COMPUTER SYSTEMS has no control over telephone company billing policies
Customers using GMD COMPUTER SYSTEMS to access private networks such as Web-TV, AOL, etc are responsible for charges from those companies for their respective services GMD COMPUTER SYSTEMS has no control over billing policies of other companies
Security of Accounts
GMD COMPUTER SYSTEMS, Email, Internet PPP/SLIP, and Dedicated Dial-in accounts are for individual users, unless prior written arrangement are made, and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. Only one login session per account is allowed at any time. Customer acknowledges that GMD COMPUTER SYSTEMS may terminate the account without notice if the customer does not comply. Customer agrees not to use any GMD COMPUTER SYSTEMS services to obtain the passwords of customers on GMD COMPUTER SYSTEMS or other systems. Customer agrees not to use GMD COMPUTER SYSTEMS services to make unauthorized attempts to access the systems and networks of others.
Use of Material
Customer agrees not to use GMD COMPUTER SYSTEMS services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.
Abuse of Internet Services
Customer agrees to: Use the services provided by GMD COMPUTER SYSTEMS only as permitted by applicable local, state, and federal laws. Not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming). Refrain from mass, unsolicited emailing. Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising. Respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above. Abide by GMD COMPUTER SYSTEMS interpretation of the above. GMD COMPUTER SYSTEMS technical staff are available for assisting the Customer with the interpretation or application of any of these rules.
Abuse of GMD COMPUTER SYSTEMS Services
Any use of GMD COMPUTER SYSTEMS system resources that disrupts the normal use of the system for other GMD COMPUTER SYSTEMS customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line.
Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, or have their account suspended by GMD COMPUTER SYSTEMS technical support. If the misuse is unintentional, the suspension may be rescinded following discussion with GMD COMPUTER SYSTEMS technical support. If the misuse is intentional, the suspension may be rescinded at the discretion of the GMD COMPUTER SYSTEMS management and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the GMD COMPUTER SYSTEMS management.
Discovering and Reporting Abuse
Violations of the GMD COMPUTER SYSTEMS conditions of use are unethical and may in some cases be criminal offenses. You are asked to report to GMD COMPUTER SYSTEMS any information you may have concerning instances in which the conditions of use have been or are being violated. When GMD COMPUTER SYSTEMS becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, GMD COMPUTER SYSTEMS may suspend access to services to the individual account in question. This is done to protect the account owner in case the account security has been compromised. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the GMD COMPUTER SYSTEMS management following payment of a re-connection charge. If it is found that the account security was breached by no fault of the Customer, the account will be deleted and a new one created at no additional charge.
GMD COMPUTER SYSTEMS reserves the right to monitor Customer account activities when it is necessary to determine whether or not the account is be used in violation the conditions of use.
Offensive or Adult Materials
GMD COMPUTER SYSTEMS exercises no control over the content of materials accessed through GMD COMPUTER SYSTEMS . Some materials located on the Internet may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.
Warranties
GMD COMPUTER SYSTEMS makes no warranties of any kind, whether expressed or implied, for its services. GMD COMPUTER SYSTEMS specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. GMD COMPUTER SYSTEMS will not be responsible for any losses or damages resulting from delays, non deliveries, missed deliveries, service interruption, or Customer's errors or omissions. GMD COMPUTER SYSTEMS will not under any circumstances be responsible for consequential damages.
Jurisdiction
The validity, construction and performance of this agreement shall be governed by the laws of the State of Tennessee.
Severity
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
Effective date
This agreement shall become effective when Customer Internet access is enabled.