TOS Page

UTOPIA ACCESS
Terms of Service for Internet Access Accounts

Utopia Access Internet Access (hereinafter “Utopia Access”) is an internet access service provided by Utopia Access, Inc., subject to the terms and conditions of this Utopia Access Internet Access Account Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Customer") and Utopia Access.

Utopia Access RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE “Utopia Access MEMBER SERVICES” AREA TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF Utopia Access AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. This Agreement takes effect on the date on which you accept this Agreement and continues until your Utopia Access membership is terminated either by you or by Utopia Access.

For information regarding your privacy and Utopia Access, please see the Utopia Access Internet Access Privacy Statement. We encourage you to periodically review this statement, as it is updated on a regular basis.

I. Essentials of Your Utopia Access Account Membership.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Utopia Access in accordance with this Agreement. You may terminate your Utopia Access membership at any time, with or without cause, upon notice to Utopia Access as specified in the Member Services area online; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If you are participating in any trial period offer, you must terminate your membership prior to the end of the applicable trial period in order to avoid incurring service charges.
Utopia Access may terminate or suspend your Utopia Access membership at any time, with or without cause, with or without notice. Your Utopia Access membership is personal to you, you agree not to assign, transfer, or sublicense your rights as a member unless specifically allowed by this Agreement.
You may allow other members of your household (including minors) to use your Utopia Access account, provided that you agree to pay all charges that they incur and to be responsible for all other aspects of their usage, which includes any roaming charges and telecommunication charges for connecting to Utopia Access such as long distance charges.
You acknowledge that you are aware that some areas of Utopia Access and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Utopia Access account.
You acknowledge and agree that the party being billed for your Utopia Access membership (that is, the party who is responsible for the credit card or other account associated with your account) has the right to terminate the account at any time and to request and receive usage information related to such account.
As a condition of your use of Utopia Access, you warrant to Utopia Access that you will not use Utopia Access for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Utopia Access is provided to individuals only and for personal use only. You agree to use Utopia Access only to send and receive personal messages. Any unauthorized commercial use of Utopia Access, or the resale of its services, is expressly prohibited.
You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through Utopia Access. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through Utopia Access.

II. You agree not to do any of the following while being connected via your Utopia Access Account:

Use Utopia Access or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).
Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
Use your e-mail account in the text of unsolicited email messages or Web sites as an address to which members or other Internet users can respond.
Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.
Use simultaneous, unattended, or continuous connections to Utopia Access with one account.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
Advertise or offer to sell or buy any goods or services for any non-personal purpose.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an Utopia Access member any directory of Utopia Access members, or any other user or usage information or any portion of any of them.
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and have the legal right to do so or have received all necessary consents.
Interfere with or disrupt networks connected to Utopia Access or violate the regulations, policies, or procedures of such networks.
Attempt to gain unauthorized access to Utopia Access, other Utopia Access accounts, or computer systems or networks connected to Utopia Access, through password mining or by any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.
Interfere with another member’s use and enjoyment of Utopia Access or another individual’s or entity’s use and enjoyment of similar services.
View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
Violate any posted guidelines or codes relating to the use of Utopia Access. Without limiting any of Utopia Access’s rights to terminate your Utopia Access membership as described elsewhere in this Agreement, Utopia Access may terminate your Utopia Access membership for violation of any of the foregoing rules without notification.
Utopia Access has no obligation to monitor any member’s use of Utopia Access or retain the content of any user session. However, Utopia Access reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Utopia Access’s possession, however obtained, about or related to you, your use of Utopia Access or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.
When using Utopia Access you are subject to all the rules specified by the services and Web sites you visit. This includes other Utopia Access-branded services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that Utopia Access may take appropriate action just as if you had violated this Agreement.
You must promptly notify Utopia Access if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Utopia Access User-ID, user name, or password.

III. Charges and Billing.

You agree to pay all charges for your use of Utopia Access at the prices then in effect including any charges for optional and premium services (e.g. DSL service, ISDN service, etc.). Certain Utopia Access promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All Utopia Access charges are exclusive of sales or other taxes. Utopia Access charges, if applicable, will be subject to sales or other taxes as appropriate. Utopia Access reserves the right to modify or terminate membership plans, change prices, or institute new charges for Utopia Access at any time with at least thirty (30) days' notice to Members. You may terminate your membership, as specified in the Member Services area. However you are responsible for all charges submitted prior to the termination of your account.
It is possible the access number you program your modem to use to connect to Utopia Access may be a telephone number that results in additional or long distance charges being billed to you by a third party even if such number was presented by Utopia Access as an appropriate access number for your area. You are solely responsible for determining whether the access number you are using is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to Utopia Access, including those that may be billed to you by a third party. Utopia Access will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be paid in advance, or at the time billed by Utopia Access, as specified for the Utopia Access plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by Utopia Access. Each time you use Utopia Access, you agree and reaffirm that Utopia Access is authorized to charge your account as specified by you (your “Account”). You agree that Utopia Access may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Utopia Access may delay obtaining authorization from your Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.
You agree that Utopia Access may submit charges for your use of connect time in excess of that provided as part of the Utopia Access membership plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your Utopia Access membership plan. Such notice will not affect charges submitted before Utopia Access reasonably could act on your notice.
You must promptly notify Utopia Access of changes to: (a) the account number, status, or expiration date of your Account; and (b) your billing address.
YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF Utopia Access EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE MEMBERSHIP. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS Utopia Access.
Utopia Access will use reasonable commercial efforts to provide you with an online statement of charges; however, any failure of Utopia Access to provide you with an online statement does not affect your responsibility to pay any incurred charges. Unless you notify Utopia Access of any discrepancies or irregularities in any billing within one hundred and twenty (120) days after they first appear on your Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE Utopia Access FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO Utopia Access WITHIN ONE HUNDRED AND TWENTY (120) DAYS OF ITS PUBLICATION DATE.
Without limiting anything else in this Agreement, Utopia Access reserves the right to suspend or terminate your Utopia Access membership without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Utopia Access when Utopia Access in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Utopia Access. You agree to pay a late charge to Utopia Access on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ½%) (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. Utopia Access reserves the right to refer your Utopia Access account to a third party for collection in the event of default.
Utopia Access Members must contact Utopia Access Customer Service directly to cancel their existing Utopia Access accounts. You can obtain cancellation information by visiting the Utopia Access Member area online.

IV. Operation.

Utopia Access reserves complete and sole discretion with respect to the operation of Utopia Access. Utopia Access may, among other things: (a) take any action (legal and/or technical) that Utopia Access deems appropriate to prevent bulk e-mail from entering or leaving any Utopia Access e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by Utopia Access from time to time, in its sole discretion; (c) not process e-mail due to space limitations; (d) subject to the Utopia Access Internet Access Privacy Policy, make available to third parties information relating to Utopia Access and Members; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by Utopia Access; and (f) withdraw, suspend, or discontinue any functionality or feature of Utopia Access. The amount of e-mail and instant message storage space per member may be limited, therefore some e-mail may not be processed due to space constraints. You agree that Utopia Access is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit Utopia Access’ s automatic log off system or part thereof from performing as intended is prohibited.

V. Posting to Utopia Access.

Utopia Access does not claim ownership of the materials you provide to Utopia Access (including feedback and suggestions) or post, upload, input, or submit to any Utopia Access Web Site or its associated services (hereinafter collectively called "Submission"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Utopia Access, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Utopia Access is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in Utopia Access's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.

VI. Links to Third Party Sites.

THE LINKS INCLUDED WITHIN Utopia Access AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE Utopia Access AND VISIT NON-RELATED SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF Utopia Access AND Utopia Access IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Utopia Access IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Utopia Access IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Utopia Access OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

VII. Disclaimers/Limitation Of Liability.

You specifically agree that Utopia Access shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using Utopia Access. You specifically agree that Utopia Access is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Utopia Access is not responsible for any content sent using and/or included in Utopia Access by you or any third party.
YOUR USE OF Utopia Access AND ALL Utopia Access SOFTWARE AND SERVICES IS AT YOUR OWN RISK. Utopia Access MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF Utopia Access FOR ANY PURPOSE. Utopia Access AND ALL RELATED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Utopia Access DOES NOT WARRANT THAT ACCESS TO OR USE OF Utopia Access WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS Utopia Access AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT Utopia Access OR Utopia Access SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. Utopia Access HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO Utopia Access AND ALL RELATED SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN NO EVENT SHALL Utopia Access BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Utopia Access, ANY Utopia Access SOFTWARE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE Utopia Access, ANY Utopia Access SOFTWARE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E- MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Utopia Access, OR OTHERWISE ARISING OUT OF THE USE OF Utopia Access, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Utopia Access HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Utopia Access'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO Utopia Access FOR ACCESS TO AND USE OF Utopia Access. YOU HEREBY RELEASE Utopia Access FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Utopia Access, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN Utopia Access ACCOUNT OR TO TERMINATE YOUR Utopia Access ACCOUNT.

VIII. Indemnification.

You agree to indemnify and hold Utopia Access, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Utopia Access. Utopia Access will notify you within a reasonable period of time of any claim for which Utopia Access seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Utopia Access's interests, as reasonably determined by Utopia Access.

IX. Notices; Consent.

Notices given by Utopia Access to you may be given by e-mail via Utopia Access, by a general posting on Utopia Access, or by conventional mail. Notices given by you to Utopia Access must be given by e-mail via Utopia Access and addressed as set forth in Utopia Access's Member Services area, or by conventional mail. Notices to Utopia Access by conventional mail must be sent to;

Utopia Access
Attention: Customer Services
Post Office Box 1135,
Sandusky, Ohio 44871-1135

X. No “Spam”; Damages.

Utopia Access may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Utopia Access liquidated damages of five dollars (U.S. $5.00) for each piece of “spam” or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Utopia Access's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Utopia Access may charge such damages to your Account, your designated credit card or other account specified by you for payment of Utopia Access charges.

XI . General.

Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Ohio, and you consent to the exclusive jurisdiction and venue of courts in Ohio for all disputes arising out of or relating to your use of Utopia Access or your Utopia Access account. Use of Utopia Access is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Utopia Access as a result of your use of Utopia Access or your Utopia Access account. You agree not to represent yourself to be a representative, agent, or employee of Utopia Access, and that Utopia Access will not be liable by reason of any representation, act or omission to act by you.
Utopia Access's performance under this Agreement is subject at all times to existing laws and legal process. Nothing contained in this Agreement is in derogation of Utopia Access's right to comply with law enforcement requests or requirements relating to a Member's use of Utopia Access or information provided to or gathered by Utopia Access with respect to such use.
This Agreement constitutes the entire agreement between Utopia Access and you with respect to your use of Utopia Access and your Utopia Access account (excluding the use of any software which may be subject to an end-user license agreement), and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Utopia Access and you with respect to Utopia Access.
Utopia Access may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Utopia Access agree that any cause of action arising out of or related to Utopia Access must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

TRADEMARK AND COPYRIGHT NOTICES:

TRADEMARKS. Utopia Access, and/or other Utopia Access products and services referenced herein are either trademarks or registered trademarks of Utopia Access. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

All contents of Utopia Access are Copyright © 2004 Utopia Access and/or its suppliers

Utopia Access
Post Office Box 1135

Sandusky, Ohio 44871-1135, United States.

All rights reserved. Any rights not expressly granted herein are reserved.
Last Modified: 21-Apr-2004