1) Subscriber is responsible for all telephone charges for connecting to FASCINATIONS Service. FASCINATIONS assumes no responsibility or liability for any phone charges including but not limited to, long distance charges, per minute (unit) surcharges, and/or equipment or line costs, incurred by Subscriber while accessing FASCINATIONS or the internet. Any disputes or service issues regarding phone service are strictly the responsibility of the Subscriber and his or her local phone company and/or long distance provider.
2) FASCINATIONS exercises no control whatsoever over the content of the information passing through it and Subscriber agrees to hold FASCINATIONS harmless from any claim, cost, loss, or damage arising out of such content.
3) FASCINATIONS makes no warranties of any kind, whether express or implied, for the service it is providing. FASCINATIONS also disclaims any warranty of merchantability or fitness for a particular purpose. FASCINATIONS will not be responsible for any loss or damage suffered by Subscriber herein, including but not limited to loss of data resulting from delays, non- deliveries, misdeliveries, or service interruptions by its own negligence or Subscriber's errors or omissions.
4) Subscriber agrees to use FASCINATIONS services only for lawful purposes. Transmission of any material in violation of any law or regulation of the United States, any individual state, or any foreign government, is prohibited. This includes, but is not limited to: defamatory material, copyrighted material, material that is threatening or obscene, or material protected as a trade secret. Subscriber agrees to indemnify and hold FASCINATIONS and its upstream Internet provider harmless from any claims resulting from its/his/her use of the service, which damages Subscriber or any third party.
5) Use of any information obtained via FASCINATIONS services is made at Subscriber's own risk. FASCINATIONS specifically denies any responsibility for the accuracy or quality of information obtained through its service.
6) FASCINATIONS has the right to suspend access to FASCINATIONS for Subscriber's account(s) immediately, without Notice,
a) upon non-payment by Subscriber of any amounts due FASCINATIONS,
b) upon any breach of Terms hereof by Subscriber, or for any other reason within the sole discretion of FASCINATIONS, without refunds.
7) All payments are considered past due on the 2nd of each month. Fascinations does not send a bill. Fascination does send a reminder through email on the 25th of each month. If is the Subscriber's responsibility to insure payment is made promptly. The Subscriber may mail a check to Fascinations or stop by and make the payment in person. Fascinations also has a slot under the front window; payments may be dropped in the slot.
8) Fascinations will charge a $2.00 late fee from the 2nd to the 5th; after the 5th there will be a $30.00 reconnect fee.
9) The Subscriber must contact Fascinations to cancel the account. Subscriber's account will be charged until Fascinations is notified by the Subscriber requesting the account to be cancelled.
10) Subscribers who are setup on a Credit Card account agree to allow Fascinations to charge the required fees to the Subscriber's credit card as needed to keep the account current.
11) Cash Subscribers must pay each month in advance. Credit Card Subscribers are billed on the 1st of each month for the previous month's usage.
SUBSCRIBER accepts the service provided by FASCINATIONS ISP (FASCINATIONS) pursuant to the terms of this Agreement, the Subscription Agreement, and the Rules and Regulations of FASCINATIONS as modified from time to time.