PepperLink Internet Services

Membership Agreement for Internet Connection Services

• PepperLink is an on-line service provider offering: (i) access to the Internet (collectively, the "Service"); and (ii) access to software, files, messages, services, and information content provided by third parties (collectively, "Third Party Content").
• This Agreement, together with the Terms and Conditions and Rate Schedule published by PepperLink, as amended from time to time and which are incorporated herein by reference shall constitute the entire agreement between the parties with respect to the subject matter hereof. For good cause, PepperLink may discontinue or modify any or all aspects of the Services provided to Member, at its sole discretion and without prior notice, and without any liability for loss of service or information. Member's right to use the Service is non-transferable and is subject to reasonable limits established by PepperLink.
• Member is responsible for and must provide all computer, telephone, and other equipment and/or software necessary to access the Service.
• Member acknowledges and consents that PepperLink exercises no control or censorship whatsoever of Third Party Content and agrees to release and discharge PepperLink from any claim of injury or liability resulting from access of any Third Party Content. Member further agrees to indemnify and defend PepperLink against any claim of injury or liability by any third parties relation in any way to Member's use of the Service.
• Member agrees that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening or obscene materials. Member understands and assumes the risk that any transmission over the Service may be interrupted, intercepted, distorted, or destroyed. PepperLink makes no guarantee of privacy or security for any communications or transactions of the Service or Extended Services.
• Member shall be responsible for all usage of the Service accessed by or through Member's account. Member agrees to pay PepperLink in accordance with the usage options selected including monthly fees, connect charges, registration fees, minimum charges, and other charges incurred by Member for each billing period in which those charges are incurred. Member agrees to pay all applicable taxes in relation to Member's use of the Service.
• PepperLink does not monitor the activity of accounts except for system utilization and billing records. However if we become aware of inappropriate use of PepperLink service, we will respond. We reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations will result in immediate termination of service. To know what is and is not acceptable please read the Acceptable Use Policy.
• MEMBER EXPRESSLY AGREES THAT USE OF PEPPERLINK'S EXTENDED SERVICES IS AT MEMBER'S SOLE RISK. NEITHER PEPPERLINK NOR ANY OF ITS SUPPLIERS, INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY AS TO THE CONTENT, RELIABILITY, OR RESULTS OBTAINED FROM USE OF THE SERVICE.

• This Agreement is and shall be governed by the law of the State of Alabama, regardless of where Member resides, or where Member connects to the Service. Any cause of action by Member or any designated user or customer of Member with respect to the Service must be instituted within one year after the occurrence of the act or omission, otherwise the claim shall be forever barred.
• Charges will normally be billed on the 15th prior to the month in which the Services are provided. The term of payment on all billings is due before the first day of the month that services are provided. If payment is not timely received, PepperLink may, at its option, assess a late fee of two dollars ($2.00). Additionally, PepperLink may, at its sole discretion and without prior notice to Member, suspend or terminate Member's access to the Service and collect any balance owed, including late fees, late charges, and its costs, including reasonable attorneys fees, incurred in collecting any amounts owed.
• In the event that an account is temporarily deactivated as a result of any prohibited activities, the account will be subject to reactivation charges and deposit requirements to be determined by PepperLink.
• Accounts must be canceled in writing. Accounts may be canceled at anytime with no penalty. Service is automatically renewed each month unless canceled by Member. Only a written request to terminate service relieves Member of the obligation to pay the monthly charge. Member and PepperLink jointly agree that all requests to cancel service will be made in writing or via electronic mail or fax. Service will terminate on the last day of the month prepaid.

YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

Last updated 2/3/1998