Internet Express Terms and Conditions/User Agreement

PLEASE READ THE TERMS AND CONDITIONS/USER AGREEMENT CAREFULLY BEFORE ACCESSING INTERNET EXPRESS SERVICES.  BY ACCESSING ANY OF INTERNET EXPRESS’ SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS/USER AGREEMENT.

Use of Internet Express' services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use Internet Express' services, including, but not limited to, access to the Internet, and continues until service is terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.

These Terms and Conditions/User Agreement hereby supersede all previous representations, understandings, or agreements, written or oral, by or between you and Internet Express, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

Internet Express reserves the right to modify these Terms and Conditions/User Agreement and change pricing and/or services at any time without notice.

You agree that this service is governed by the Laws of the State of California in which Internet Express resides. You agree that San Diego County, in which Internet Express is located, shall be the venue and forum for any legal action relating to the services provided.

Limitations of Liability and Warranties

YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS-IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. INTERNET EXPRESS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL INTERNET EXPRESS BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY INTERNET EXPRESS PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST INTERNET EXPRESS AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (" INTERNET EXPRESS PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY INTERNET EXPRESS PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF INTERNET EXPRESS PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY INTERNET EXPRESS OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING INTERNET EXPRESS ' RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.

You agree to protect and indemnify Internet Express against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Internet Express.

Internet Express exercises no control whatsoever over the content, quality or accuracy of the information passing through its systems.

You agree that your username and password and changes to both of these items are your responsibility.

Internet Express shall not be responsible for any long distance charges incurred while you are using its Internet Service. YOU ARE RESPONSIBLE FOR CHOOSING A DIAL-UP NUMBER THAT IS DESIGNATED AS A LOCAL CALL.  YOU ARE RESPONSIBLE TO VERIFY THAT THE NUMBER IS A LOCAL CALL WITH THE LOCAL PHONE COMPANY, (ILEC). If a local number is not available, or if the you choose an incorrect number that is not designated as a local call, Internet Express shall in no event be liable for any long distance charges billed to the your.

Limitations of Services

The modems utilized by Internet Express to provide Dial-up Services are engineered for speeds up to 56k flex connectivity. However, Internet Express cannot guarantee a 56k connection if the telephone company facilities or your modem are unable to support this connection speed.

All Access Services, i.e., Dial-up, WiFi Roaming, Residential or Consumer Broadband/High Speed Service (Non-Business Services), are considered as best efforts services. Any service guarantees must be done with a separate Service Level Agreement (SLA), outside of the scope of these terms and this agreement.

You acknowledge that you are responsible for keeping track of the registration of the domain or domain names you may have. Internet Express is not liable for any and all lost domains if renewal fees are not paid in a timely fashion.

You acknowledge that the registration of a domain name confers no legal right (including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

You understand that the services provided by Internet Express 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. Internet Express shall not be liable for any delay in, or failure to perform, the services caused by circumstances beyond its control such as actions or inactions by other companies or organizations, acts of God, or other circumstances which it could not have reasonably foreseen or any other circumstance which similarly impedes the providing of service.

Acceptable Use of Service Policy

This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state or federal regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, trademarked material, licensed material, material protected by trade secret, threatening or obscene material.

Internet Express reserves the right to determine appropriate usage. Internet Express is providing products and services solely for your personal or business use and you will be solely responsible for the content of any transmissions over the Internet Express network from your premises location. You agree to use these requested services in a manner that conforms to our Terms and Conditions/User Agreement and you agree not to:

1. Attempt to gain unauthorized access to any other system or network.
2. Interfere or disrupt other Internet Express End Users, Network Operations or Network equipment.
3. Propagate computer viruses or other harmful code or data.
4. Impersonate any person using forged headers or other identifying information (provided, however, that the use of anonymous re-mailers and nicknames is permitted).

You hereby warrant that you will not infringe the copyright, trademark, or other intellectual property rights of any other person or entity through the use of the Internet Express network or services, and that you will not use the Internet Express network or services to defame, cause an invasion of privacy or otherwise violate the right of any person or entity, or violate any local, state, federal, or international statute, regulation or treaty.

The transfer of certain technical data and software across national boundaries (including the electronic transmission thereof) is regulated by the federal government. You agree not to, directly or indirectly, export or re-export (including by electronic transmission) any regulated technical data or software without first obtaining any required export license or governmental approval and otherwise complying with all governmental rules and regulations applicable to that activity.

WE CAN RESTRICT OR END YOUR SERVICE OR THIS AGREEMENT WITHOUT NOTICE, if you:

1. Carry past due balances.
2. Incur charges larger than any required deposit (even if we have not yet billed them).
3. Exceed any credit limit.
4. Make a false statement to us.
5. Interfere with our customer service or any other business operations.
6. Become insolvent or go bankrupt.
7. Breach any part of this Agreement.

We also reserve the right to do so if:

1. We believe that our service is being misused or used by anyone for unlawful activity.
2. The use of our service in your premises location adversely affects Internet Express service to other Internet Express customers.

With respect to dial-up accounts, Internet Express's usernames are limited to one dial-in at a time. Multiple concurrent dial-ins using the same username are not permitted. This limitation does not apply to email or any other aspect of your account. Abuse and violation of the rules may result in termination without refund.

As a subscriber to Internet Express's services, you are not permitted to use your Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.

Any Internet activity, which references back to Internet Express or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to Internet Express or an account or services provided by Internet Express will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

Internet Express reserves the right to take whatever actions it deems appropriate to enforce these policies. Internet Express also reserves the right to change these policies without prior notice at any time. The actions Internet Express takes may include account suspension or termination. Internet Express does not issue any credits for accounts cancelled due to policy violations. Internet Express reserves the right to refuse service to anyone at anytime for any reason.

The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of Internet Express. If you violate this spamming policy, you may be assessed the following fines and penalties, which you hereby agree to pay:

First offense: $100.0

Second offense: $500.00

Third offense: $500.00 and automatic termination of your account

In addition to any other fees and penalties that may be assessed by Internet Express, as provided herein, you maybe held liable for any and all costs incurred by Internet Express as a result of your violation of any provision of these Terms and Conditions/User Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Internet Express's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.

Internet Express is not a direct provider of newsgroup services.  As such, Internet Express is bound by the terms under which our newsgroup provider operates.

Internet Express reserves the right to independently monitor usage of the newsgroup service and terminate accounts for activity we deem inappropriate. Internet Express reserves the right to determine whether a post to the newsgroups is inappropriate

Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.

Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration.  Internet Express reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. In general, 300 hours a month is considered the point where Internet Express will check the account and look for auto-dialing after a disconnect or other abuse. Internet Express has implemented an abuse prevention program and has the discretion to apply network management techniques, idle timers, maximum concurrent connect timers, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Internet Express' policies. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. If you require a dedicated connection, you should notify Internet Express, which may offer a dedicated connection in your area.

You are not permitted to resell or redistribute the Internet connection to other parties, with out receiving authorization from Internet Express.

Billing Policies

Purchasers of Internet Express's services agree to be bound by California law governing consumer purchases and all relevant matters.

Internet Express bills for most of its services in advance regardless of the billing cycle length and regardless of whether the account is paid by credit/debit card, check or cash.  Pre-paid accounts are not refundable for any reason if the account is terminated or cancelled early.  (Please also refer to the Cancellation Policy for specific guidelines for account cancellation.)

Credit/debit card accounts, regardless of whether billed monthly, quarterly or annually, will be automatically renewed and the credit/debit card validly charged unless you notify Internet Express in writing 14 days prior to end of the current billing cycle.  (Please also refer to the Cancellation Policy for specific guidelines for account cancellation.)

You acknowledge that you are responsible for keeping track of expiration dates of the credit/debit card used for payment and notifying us of new expiration dates or any other changes. While Internet Express will make an effort to notify you prior to expiration of the credit/debit card used in payment, Internet Express is not liable for service downtime, lost domain names, or any other damages if renewal fees are not paid in a timely fashion.

If you dispute a valid credit/debit card charge levied by Internet Express, your account with Internet Express will be disabled and you will be charged a $40.00 service fee.

Accounts paid by check or cash, regardless of billing cycle length, are similarly automatically renewed, and the periodic fee becomes due and payable, unless you notify Internet Express in writing 14 days prior to the end of the current billing cycle.

Internet Express must receive payment within 15 days of invoice date if payment is made with a credit/debit card, or 30 days if payment is made by check or cash payment options. If payment is not received in the time frame stated above, your account and/or service may be placed on hold. If full payment has not been received 30 days after the account has been placed on hold, Internet Express may proceed with collection efforts and terminate your account and services with us. Internet Express may, after that point, forward your information to a collection agency of its choosing in order to collect any and all debts owed on your account. You will be responsible for any additional fees associated with that action. Internet Express will not be liable for any losses and/or damages resulting from an account or services being placed on hold and/or terminated.

Internet Express may charge a collection fee (minimum $25) to cover costs relative to collecting monies owed on your account. A service charge of 1 1/2% per month will be charged on all past due amounts. If your account is referred to collection, you agree to pay any collection costs incurred, including reasonable attorney's fees, filing fees and court costs.

Delinquent accounts will be placed on "hold" and may not be used until the charges due are paid in full. There may be a $5 administration fee to release an account on "hold". Accounts that are unpaid after 30 days may be terminated. Terminated accounts may be reinstated upon payment of any outstanding charges. There may be a $15 administration fee to reinstate a terminated account. A “hold” or termination of your account due to non-payment or delinquent payment does not relieve you of the obligation to pay the fee due for the period in which the “hold” or termination takes place.  A “hold” or termination similarly does not relieve you from the obligation to pay any other past-due charges. After termination of account Internet Express does not guarantee reservation of previous login and e-mail name.

There may be $50.00 service charge for each returned check.

Internet Express will charge 866 dial up clients for usage prior to the end of the normal billing period if usage exceeds $50 worth of service.

Pre-paid accounts are not refundable for any reason if the account is terminated or cancelled early due to Terms and Conditions/User Agreement violations.

Billing statements will be sent via e-mail. If you wish to have your billing statement sent to you via postal mail, you will be assessed a $5.00 fee for each bill sent to you.

There is no discounted access fee rate for Internet Express to forward your email or website, if you choose to terminate your account with Internet Express.  In order for Internet Express to forward your e-mail or website you must maintain your account in good standing.  For this reason, it is recommended that you continue your account with Internet Express for as long as necessary for forwarding purposes.

Internet Express reserves the right to change its rates and otherwise modify the provisions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you will have 14 days from the date of notification of the effective increase to submit a written cancellation of your account. Otherwise, the existing service will be billed at the new rate.

30 Day Money Back Guarantee Policy

You are entitled to a refund of the first month’s access or usage fees if there are reported technical difficulties with the account that cannot be rectified by Internet Express.  Such difficulties must be reported by you within 14 days of establishment of the account.  If Internet Express cannot adequately resolve the difficulties within 30 days of establishment of the account, you are entitled to close the account and receive a refund for the monthly access or usage fees.  No refunds will be given after 30 days of establishment of the account.  Only access or usage fees will be refunded according to this provision; setup fees may not be refunded. This does not apply to metered billed service plans (such as per minute charges) or service plans with time or usage limits (such as 15 included hours in some dial up plans).

Cancellation Policy

In the event you want to cancel the Service, you must NOTIFY INTERNET EXPRESS IN WRITING FOURTEEN (14) DAYS PRIOR TO THE END OF THE CURRENT BILLING CYCLE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR ACCOUNT.  This notice must be sent by email, fax or postal mail to the following:

• Email: cancel@ixpres.com

• Faxed: 858-623-9199

• Mailing Address: Attention: Cancellations, Internet Express, 9725 Scranton Road, San Diego, California 92121

All cancellation notices must include the following:

1. Billing party’s name as it appears on the last billing invoice and statements received from Internet Express;
2. User account login and password;
3. Internet Express registration number; and
4. A statement requesting termination of either all or part of service provided, by Internet Express.

If you fail to provide timely written notification of cancellation with the above listed items included, cancellation of your account may be delayed, which may result in further access fees incurred by you.   Set up fees may not be refundable.

A VERBAL REQUEST FOR CANCELLATION, WHETHER DELIVERED TO A VOICE MAILBOX OR TO AN INTERNET EXPRESS STAFF MEMBER, DOES NOT CONSTITUTE A VALID CANCELLATION UNDER THE CANCELLATION POLICY.

FAILING TO PROVIDE ACCESS FEE PAYMENT DOES NOT CONSTITUTE A VALID CANCELLATION UNDER THE CANCELLATION POLICY.

Cancellation/Renewal Policy for Other Service Agreements

Other Service Agreements, (Such as DSL, T1 or Greater, Satellite, Wireless, Collocation, Dedicated Servers, which have SLAs and are out side of the scope of these terms), will last for the initial term you selected.  Upon completion of that term, the account will automatically be renewed on a month-to-month basis unless you agree to a new term and contract. You can cancel a month-to-month account any time by providing 30 days written notice; Likewise, Internet Express reserves the right to cancel the account by proving 30 days written notice.