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Terms Of Service
Updated 6-16-2004

HMC Limited, Inc. (HMC) agrees to allow customer to connect a computer at customer's site to HMC'S computers and transmit data over the Network in accordance with the provisions of these Terms and Conditions.

HMC may be used for any lawful purposes. Use of HMC for commercial purposes is also permitted. Transmission of any material violation of any U.S. or state regulation is prohibited. This includes, but is not limited, to copyright material, material legally judged to be threatening or obscene, or material protected by trade secret.

Any access to other networks connected through HMC must comply with the rules applicable for other networks. You agree to indemnify and hold harmless HMC from any claims resulting from your use of the service, which damages you or another party.

HMC exercises no control whatsoever over the content of the information passing through HMC. HMC Limited, Inc. makes no warranties of any kind, whether expressed or implied, for the service it is providing. HMC also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although HMC's Policy is to utilize all reasonable efforts to maintain such confidentiality. HMC will not be responsible for any damage you suffer from use of HMC. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent, release or disclosure of information sent by you. Use of any information obtained via HMC is at your own risk. HMC specifically denies any responsibility for the accuracy or quality of information obtained through its services.

The use of HMC to transmit certain kinds of information (including, without limitation to, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since HMC has no control over the content of information passing through HMC, the entire burden of complying with such laws and regulations rests with its customer. You agree to comply with such laws and regulations and to indemnify and hold HMC harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

You agree to pay all charges incurred through access of your account from date of inception through and including the date that you notify us to cancel and close your account. You must notify us in writing if you decide to terminate your account with us. We will acknowledge your notice, and you must keep our acknowledgement as proof of same. All account cancellations must be made by the last day of the month. Any cancellations received during a monthly billing cycle will be effective the last day of that monthly billing cycle, and payment in full for that month is expected. (Note: aDSL Accounts are payable until the Termination Date that is assigned by the Telephone Company. It can take up to 2 weeks for them to cancel aDSL Service.) Note: All Wholesale aDSL Services are subject to a 12 month contract, either from time of signup as a wholesale account, or, in the case of Retail accounts that are converted to wholesale, then 12 months from the date of conversion. All accounts automatically renew to the next billing period at the same rate and period as the previous billing period unless we are notified in writing of a change. The service is considered a subscription utility and, as such, is generally not stopped and started for equipment failures, vacations, etc., just as electricity, telephone and cable are not generally stopped and restarted. If you choose to disconnect your service during an equipment repair a reconnection charge will apply. The right to use the service is not transferable. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 10 days after date of invoice. Accounts in default may are subject to a late fee. If your check is returned to us unpaid you are immediately in default and $30.00 will be added to your account balance. You are also subject to having your account electronically debited for the amount of your check plus the maximum amount allowed by Ohio law. This is performed by FedChex, Inc. 877-326-4662. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. In the event we interrupt your service due to non-payment a reconnection charge of $5.00 will be applied to your account upon reconnection. (The reconnection charge for DSL is $25.00) All accounts in default for more than 30 days will be automatically submitted to our collection agency. A Collection charge will be added at such time, not to exceed 33% of the principal. This is in addition to previously incurred late fees. HMC Is not responsible for any telephone charges that the customer may incur through the use of any telephone number, non-local or otherwise. HMC reserves the right to remove any user or any computer from our network anytime, for any reason, without prior notice.

HMC reserves the right to refuse service to anyone, and to change these Terms and Conditions by notifying the customer in writing or by Email with at least 30 days advance notice, or by posting on the Web Site, at which point the new terms take effect 30 days after being posted.

HMC may provide "shareware" software to facilitate your use of HMC. Such software and any related documentation are owned and copyrighted by the authors of the program. Under the terms of their licenses, you are given a personal, non-exclusive license to use the Licensed Program.

These Terms and Conditions supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of HMC constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by HMC upon 30 days prior written notice to you, or upon being posted on the HMC Ltd website for a period of 30 days. Continued use of HMC following such modifications constitutes acceptance of these Terms and Conditions, as modified.

All individuals accessing HMC represent to HMC that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access HMC unless the express written consent of such individual's parent or legal guardian has been furnished to HMC. Certain material available through HMC may not be suitable for individuals under the age of 18.

This item applies to DSL Service only: DSL Service requires a 12 month commitment to the service. If the aDSL Service is terminated by the user, or of the account becomes 30 days past due then the entire balance of the 12 month contract shall immediately become due, + any and all court costs and collection fees.

If you have any questions or comments, feel free to contact our support department at support@hmcltd.net.


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