Connection and/or accessibility to the Internet using Magnolia Internet Services, Inc., (Magnolia Internet) as your Internet Service Provider constitutes acceptance of these Terms and Conditions (T&C). Violation of any of these T&C are grounds for immediate termination of service. Magnolia Internet reserves the right to remove without notice any and all posting that we deem unacceptable for our web site. This can include but not limited to posting referring to or containing vulgarity, pornography, hate sites, drug & alcohol sites. Magnolia Internet has the right to remove without notice any items for sale that we deem inappropriate for all users to view. Continued posting by the same user of inappropriate material or language could will result in their account being cancelled.
If you do not agree with these terms, conditions and policies please send mail or call us at (870) 234-1215. Usage of the account implies that you agree with these terms and conditions.
A Magnolia Internet Login account entitles the account holder to login on only one modem or TCP/IP session at a time. Multiple logins are not allowed. Subscriber is expected to maintain user id and password information in the strictest confidence and may not allow others to use the same accounts.
Magnolia Internet dial-up connections are configured with inactivity time-outs which will disconnect the line after several minutes without activity. This is to prevent you from taking up Magnolia Internet resources when they are not being used. Anyone who attempts to defeat this mechanism may have their accounts terminated, may be billed for the connect time which has been misappropriated, or both. Magnolia Internet has account options which allow for full time dial-up connections if this is a requirement.
Any attempts to penetrate Magnolia Internet security or to access another persons account of files will result in the termination of the account holder’s account without notice.
Our unlimited usage policy assumes account holders to be individual users. Because it is physically impossible for a single person to actively use an account beyond a certain limit, it is our assumption that accounts which accumulate more than 400 hours of usage per month, repeatedly, must be in use by more that 1 individual or be using some type of automated keep-alive. In that case you may be asked to justify the additional usage.
Magnolia Internet exercises no control over the contents of information passing on the Internet. Magnolia Internet makes no warranties of any kind, whether expressed or implied, for the services Magnolia Internet or the Internet provides. Magnolia Internet will not be responsible for any damage suffered including, but not limited to, loss of data or revenue resulting from delays, deliverables, misdirected deliveries, and/or service interruptions caused by either the user or its negligence, errors, or omissions. Use of any information obtained via Magnolia Internet and/or the Internet is at your own risk. Magnolia Internet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Magnolia Internet's Internet access will only be used for lawful purposes. Transmission of any material in violation of any governmental regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. By accepting these T&C, you agree to indemnify and hold harmless Magnolia Internet from any claims resulting from your use of the service that may cause damage to you or another party. Magnolia Internet reserves the right to not Link to or Display pages we believe to be obscene , or in bad taste.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Magnolia Internet and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Posting a single article or substantially similar articles to an excessive number of news groups (i.e., more than 10) or continued posting of articles which are off-topic (e.g., off-topic according to the news group charter or the article provokes complaints from the regular readers of the news group for being off-topic, also known as SPAMMING.)
Also sending unsolicited mass emailings (i.e., to more than 10 users) which provoke complaints from recipients.
Engaging in SPAMMING from a provider other than Magnolia Internet and using an account on Magnolia Internet as a mail drop for responses.
Harassment of other individuals on the Internet after being asked to stop by those individual and by Magnolia Internet.
Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
Users whose accounts are terminated for any infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Magnolia Internet.
Use of ‘IRC Bots’ is prohibited.
Compilation and/or use of compiled code other than what is provided by Magnolia Internet is prohibited. This does not apply to Magnolia Internet accounts compiling/and or using code on dedicated Web server machines.
Magnolia Internet does not provide any assurance that data stored on Magnolia Internet computer systems will be maintained. Files may be deleted at any time. In the event of a system failure that results in files being lost, Magnolia Internet may choose not to restore these files. The subscriber understands this and agrees to take precautions to back up information on some other computer system, or in some other manner. Magnolia Internet makes available utilities for moving data from /to our computer system. Subscriber is solely responsible for determining the accuracy of any files transferred using these utilities. Magnolia Internet is NOT responsible for your data.
Magnolia Internet makes no warranties of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information residing on computer systems accessed through Magnolia Internet.
Magnolia Internet makes no representations regarding system availability. Magnolia Internet reserves the right to discontinue service periodically for maintenance, particularly during non-peak periods such as nights and weekends. Subscribers should plan accordingly. Magnolia Internet will attempt to provide 24 hour a day 7 day per week service, but we cannot guarantee any specific level of service.
Magnolia Internet will NOT be held responsible for consequential damages resulting from use or non-use of Magnolia Internet.
Services provided by Magnolia Internet are used by subscriber at subscribers sole risk, and we do not guarantee any specific level of service.
Access to other networks connected to Magnolia Internet must comply with the rules applicable to that network. Use of access provided by Magnolia Internet will be for lawful purposes only. Use of the Internet for lawful commercial purposes is both permitted and encouraged. Connectivity is provided for your organizational or personal use only.
Any misuse of Magnolia Internet resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes which consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc.
Magnolia Internet reserves the right to change rates by notifying its customers 30 days in advance (either in writing, via electronic mail (email), and/or home page advertisement), of the effective date of the change.
Subscriber agrees to indemnify and hold harmless Magnolia Internet from any claims resulting from subscriber’s use of the service which causes direct or indirect damage to the subscriber’s use of the services provided by Magnolia Internet.
Account holder agrees to indemnify and hold harmless Magnolia Internet from any and all lawsuits, judgments, decrees, costs and expenses, any attorney fees arising from the subscriber’s use of the services provided by Magnolia Internet.
COMMENCEMENT OF SERVICE
Service may be initiated either by a phone call to Magnolia Internet Services or electronically mailing webmaster@magnolia-net.com. Charges for internet service will be prorated based upon a 1/3 ratio of the sign-up month and setup fee paid at connection time. These costs are non-refundable. Connectivity will be initiated within approximately two working days.
Toll Charges
It is your sole responsibility to determine if use of a particular Magnolia Internet Services Dial-up number will cause you to incur Long-Distance, Toll or other charges. Magnolia Internet Services is not responsible for any Long-Distance or Toll Charges incurred by you through your use of the service. You are solely responsible for all telecommunication charges including Local and Long-Distance Telephone charges for connection to the service by you or by those who access the service through your account.
PAYMENT TERMS
Customers will be individually invoiced for their monthly charges.Payments will be due on the 10th of the month invoiced. An account is considered to be in arrears if the payment is not received by the 10th. Users in arrears will be notified by email within 10 working days to reconcile their accounts. Any accounts in arrears, which are not reconciled by the 25th of the month, will have their service terminated.
Customers will be invoiced on/or about the 28th of the month prior to the month the account is actually done. Payment is due no later than the 10th of the following month. Accounts unpaid by the 25th of the month will be considered in arrears and have their service terminated. A $15 reconnect fee is applicable to all terminations.
Termination of service does not relieve the customer from the obligation to pay the required charges. A $5 late/processing fee will be assessed, and the customer will be notified via email. Accounts, which are 60 days or more in arrears, are subject to an interest charge of 1.5% per month on the outstanding balance, and will be considered in default. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Magnolia Internet its reasonable expenses, including attorney and collection agency fees, incurred in enforcing their rights under these T&C.
TERMINATION OF SERVICE
Service can only be terminated by written request (email is permitted) no later than 30 days prior to the date of requested cancellation. Termination of service does not relieve individuals of their responsibility to bring their accounts current. Refunds for current/prior months services (set-up fees and/or prorated initial monthly payment, if applicable, are not refundable) will not be authorized without prior documentation of degraded service(s).
These Terms and Conditions supersede all previous representations, understandings, and/or agreements and shall prevail notwithstanding with any order submitted. Connection and/or accessibility to the Internet using Magnolia Internet Services, Inc., (Magnolia Internet) as your Internet Service Provider constitutes acceptance of these Terms and Conditions (T&C). Violation of any of these T&C are grounds for immediate termination of service.
Magnolia Internet services are supplied to paid subscribers only. Magnolia Internet Services reserves the right to terminate services to non-paid subscribers at any time.