1. VAN ZANDT INTERNET exercises no control whatsoever over the content of the information passing through it. There are no guarantees of accuracy on the Internet. There is no censorship on the Internet.
    
2. VAN ZANDT INTERNET service is provided on an "as is, as available" basis. No warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to VAN ZANDT INTERNET service or any information or software therein. VAN ZANDT INTERNET will not be responsible for any damage or loss of income incurred either as a result of using the service, inability to access the service, or discontinuance of service.
    
3. VAN ZANDT INTERNET may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret. Customer agrees to indemnify and hold harmless VAN ZANDT INTERNET from any claims resulting from Customer's use of the service that damages Customer or another party.
    
4. Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of VAN ZANDT INTERNET or of any computer system or network that is accessed via VAN ZANDT INTERNET's service, will result in the immediate suspension of services. These unauthorized activities include, but are not limited to: guessing at or using passwords other than Customer's own, accessing information that does not have public access permissions, and accessing any computer system on which Customer or the public are not welcome.
    
5. Any access to other networks through VAN ZANDT INTERNET service must comply with the Appropriate Use Policy for that network.
    
6. Use of any information obtained via VAN ZANDT INTERNET communication service is at Customer's own risk. VAN ZANDT INTERNET specifically denies any responsibility for the accuracy or quality of information obtained through its services.
    
7. The benefits of, or rights conferred by, this Agreement are non-transferable. Use of VAN ZANDT INTERNET service is expressly limited to the Customer whose name appears on the account.
    
8. Service is payable monthly in advance. Accounts may be canceled in writing at any time, for a date forthcoming, with no penalty and NO Refund.  Service will terminate on the last day of the month prepaid.  Monthly service is automatically renewed each month unless canceled by Customer. Only a written request (received by Van Zandt Internet) to terminate service during the month currently paid relieves Customer of the obligation to pay future monthly charges. Customer and VAN ZANDT INTERNET 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, or earlier date if requested.
    
9. VAN ZANDT INTERNET reserves the right to cancel any service at any time for any reason.  Advance notice of termination by VAN ZANDT INTERNET to the customer need not be given for service to be canceled.
    
10. If automatic debit from a debit or credit card account or direct debit from a checking account is the form of payment, the account will be debited monthly, within the first five days of the month to cover service for that month, at the "then current" rate. Automatic debits will continue until the Customer cancels the service in writing based on the conditions in Item #8 above.
     
11. User is responsible for all local or long distance charges for connecting to VAN ZANDT INTERNET's Internet service.
     
12. User is responsible for all of User's account confidentiality of password(s). VAN ZANDT INTERNET will suspend access or change access to User's account(s) as soon as is reasonably possible upon user report of a lost, stolen or compromised password.
     
13. VAN ZANDT INTERNET reserves the right to change the rates and otherwise modify these Terms and Conditions upon notice published on-line via VAN ZANDT INTERNET. User's use of VAN ZANDT INTERNET's Internet service shall constitute User's acceptance of the modification to these Terms and Conditions.
     
14. VAN ZANDT INTERNET reserves the right to terminate Customer's access to the service upon any breach of this Agreement by Customer. Accounts in payment default  by the fifteenth of the month are subject to suspension of service.
     
15. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted.
     
16. Use of VAN ZANDT INTERNET's service constitutes acceptance of these Terms and Conditions.
     
17. This Agreement shall be governed by the laws of the State of Texas.

Van Zandt Internet provides the Service, defined below, subject to your compliance with this Agreement.
 

1. Service.

   1. The Service includes: 1 Internet access account; Electronic mail ("email") and electronic mail address; one personal Web site (up to 10 megabytes) on Van Zandt Internet’s server (regardless of the number of mailboxes per your account).
       

   2. Any means of identification assigned to you by Van Zandt Internet (including usernames and email addresses) will remain the property of Van Zandt Internet and at Van Zandt Internet’s sole discretion, may be altered or replaced at any time.
       

   3. Van Zandt Internet makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Van Zandt Internet reserves the right to change the Service or any of its features at any time with or without notice.

       

   4. Subscription Requirements.

      1. Member certifies to Van Zandt Internet that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
          

      2. Member agrees to provide Van Zandt Internet with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Van Zandt Internet within 30 days of the change.
          

      3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 10.  Termination of Agreement..

          

   5. Fees.

      1. Setup/connection/reconnection fees are nonrefundable.

      2. Van Zandt Internet does not issue pro rata refunds for fees paid in advance.

      3. Internet access offered by Van Zandt Internet is subject to the following limitations: Alternative, long distance, international access or roaming is not included.

      4. Illegal Use of Van Zandt Internet’s access services will incur hourly charges as defined on a per incident basis.

      5. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. It is your sole responsibility to determine if use of a particular Van Zandt Internet Access Dial Up number will cause you to incur long distance, toll, or other charges incurred by you through your use of the service.  You are solely responsible for all telecommunications charges for your location(s) including local and long distance telephone charges for connection to the service by you and those who access the service through your account.

      6. Current prices for Van Zandt Internet are posted on Van Zandt Internet’s web site, www.vzinet.com. These prices may also be obtained by calling (903) 567-4482. Van Zandt Internet reserves the right to change prices and institute new fees. Van Zandt Internet may change rates or institute new charges at any time upon 30 days prior notice. Van Zandt Internet does not issue pro rata fee refunds.

      7. A service charge, up to the maximum allowed by the State, will be assessed to your account for each check (or direct debit) that is returned to Van Zandt Internet for insufficient funds.

      8. Payments for all monthly charges are due within the first 15 days of the month in which the charges are incurred. Semi Annual and Annual account charges are due before the anniversary date.  If your account is delinquent, your account will be suspended or canceled at Van Zandt Internet’s sole discretion. 

      9. If your account incurs charges that are denied by your financial institution, Van Zandt Internet reserves the right to re-bill for those charges, regardless of your account status.

      10. If your account is suspended, regular charges continue to accrue until you cancel your account, in writing.  Van Zandt Internet will charge a fee of $15.00 to reinstate a suspended or canceled account.

      11. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance more than 30 days old.

      12. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

      13. If you believe that Van Zandt Internet has billed you in error, you must contact Van Zandt Internet (per Section "10.  Termination of Agreement.) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old when brought to Van Zandt Internet's attention.
           

   6. Use of the Service.

      1. Members and any members of member’s household are the only individuals who are authorized to access the Service through member’s Van Zandt Internet account. Member must not permit anyone else to access the Service through member account and must ensure that all authorized users of member account comply with this Agreement. In addition, there may not be any simultaneous usage of member account or username from two or more computer systems. Simultaneous use will cause the user's access account to be placed in a suspended/locked status until the first calendar day of the following month.  User must purchase a second access account if they need/want internet connectivity for the balance of the month when their account was locked for simultaneous login.

      2. Member is responsible for maintaining the confidentiality of passwords used by member or members of household.

      3. Member is responsible for all charges assessed as a result of use of member account. However, Van Zandt Internet will not hold member responsible for charges attributable to an unauthorized user's access to member’s account without member’s permission, provided that Van Zandt Internet is notified within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

      4. Member is responsible for providing and maintaining all equipment and other software necessary to access the Service.

      5. Member will not use the Service or permit others to use the Service through member’s account in any way that violates any law or regulation; subjects Van Zandt Internet to liability; or is in contravention of Van Zandt Internet’s Appropriate Use Policy. Member agrees to comply with all Van Zandt Internet security procedures and standards. 
          

   7. Monitoring the Service; Disclosure of Member Information.

      1. Van Zandt Internet has no obligation to monitor the Service but may do so and may disclose information regarding member’s use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Van Zandt Internet will not disclose member information to outside persons or entities for the purpose of soliciting Van Zandt Internet members.

      2. VAN ZANDT INTERNET, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE INAPPROPRIATE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
          

   8. No Warranties Provided by Van Zandt Internet.

      1. Except for certain products and services specifically identified as being offered by Van Zandt Internet, Van Zandt Internet does not control any information, products or services on the Internet and all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Van Zandt Internet.

      2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VAN ZANDT INTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. VAN ZANDT INTERNET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH VAN ZANDT INTERNET OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY VAN ZANDT INTERNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

      3. VAN ZANDT INTERNET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

      4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. VAN ZANDT INTERNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
          

   9. Your Remedies.

      1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 10.  Termination of Agreement.

      2. UNDER NO CIRCUMSTANCES SHALL VAN ZANDT INTERNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
          

   10. Indemnity.

       You agree to defend, indemnify, and hold Van Zandt Internet and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

        

        

   11. Term of Agreement.

       This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon establishment of your account. If you are a current Van Zandt Internet member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.  

        

   12. Termination of Agreement.

       1. Member may terminate this Agreement by using only the methods outlined in this Section 11 - Notice.  Member termination will only be complete upon receipt of your written confirmation by Van Zandt Internet.  Van Zandt Internet does not issue pro rata fee refunds.

       2. Van Zandt Internet may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 15 days of the date they accrue you violate any portion of the Van Zandt Internet Appropriate Use Policy.  This Acceptable Use Policy is available on the Van Zandt Internet’s web site www.vzinet.com.

       3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate.

       4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

       5. Van Zandt Internet’s right to enforce the provisions of Sections 3, 4, 5, 6, 8, 11, and 12 shall survive termination of this Agreement.
           

   13. Notice.

       1. You may change or cancel your Van Zandt Internet account by the following methods only: first-class, registered or certified mail, return receipt requested, addressed to Van Zandt Internet, 602 S Trade Days Blvd, Ste 400, Canton TX  75103, or via electronic mail sent to VZMaster@vzinet.com .  Verbal notification MUST be followed up by written confirmation from you by one of the above methods.

       2. Van Zandt Internet may, but is nor required to, provide notice to you by the following methods: Electronic mail (email) addressed to your email account of record with Van Zandt Internet; or by US Mail or courier service at the address you provided Van Zandt Internet when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
           

   14. Miscellaneous.

       1. Van Zandt Internet’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

       2. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Canton, Texas with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Van Zandt Internet. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

       3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Van Zandt Internet and/or your use of and/or Van Zandt Internet’s provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

       4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Van Zandt Internet’s prior written consent.

       5. This Agreement, the Pricing Schedule, the Appropriate Use Policy constitute the entire agreement between you and Van Zandt Internet with respect to the Service.

       6. Van Zandt Internet reserves the right to alter, amend or modify this Agreement at any time.