We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

Warranty Disclaimer

No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

User is responsible for making sure the access number they dial is a local toll-free call. Under no circumstance will HI-FI ACCESS be responsible for long distance charges incurred to the end-user by using the service. If you have any doubts if a number is local, please call your local operator by dialing 0.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Age Limit
User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not:

• Send SPAM or bulk email when dialed into the network.
• Post offensive, threatening, or SPAM, when using the newsgroups.
• Use their personal FTP site for business sites.
• Post or transmit viruses or any harmful component to others.
• Transmit anything that is protected by copyright without permission.
• Attempt to violate the security of any computer network
• Engage in any illegal activity.
• Share their account information with any other person.

Dialup Restrictions

We market HI-FI ACCESS service as unlimited, but not dedicated. Dedicated usage for the purpose of our TOS is an average of over 15 hours a day worth of usage based upon a 30 day monthly cycle. If you use the service as dedicated, we reserve the right to inform you that we may no longer service your account. We are a consumer service, and not designed for people who require an "always on" connection with long periods of inactivity.

User agrees to allow provider to force a 15 minute idle timeout and 5 hour maximum session on their dial-up account. An attempt to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

Email Restrictions

• User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
• User may not send to more than 25 recipients at a time.
• User may not attempt to send more than 200 emails per hour period.
• User may not send from an email address that is not their own.
• User may not send an email that is over 10 MB in size.
• User may not forge message headers to hide the origin of their email.
• Provider may block certain attachment types used in transmitting viruses.
• Provider may run a virus scanner on all mail and drop mail containing viruses.
• New Email is kept on the server for only 60 days.
• Web Mail (Inbox) is kept on the server for only 60 days.
• Web Mail (Sent folder) is kept on the server for only 30 days.
• Web Mail (Trash folder) is kept on the server for only 7 days.

Right to Cancel

We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Privacy Policy
HI-FI ACCESS will not use or sell your email address or personal data to any 3rd party, with the exception that if HI-FI ACCESS sells the majority of its assets or business; it may provide this data to the purchaser of the business so that they can continue providing service to the HI-FI ACCESS end-users.

Billing Policy

Upon signup, the end-user will be billed for the prorated portion of the month. In the event that the end-user signs up for service after the 25th, they will be billed for the prorated portion for the days remaining plus the next month service fees.

All recurring transactions take place on the 26th of the month. If the billing is declined, we will attempt a re-bill between the 28th to the 30th and may continue to do so every few days for service. It is the End Users responsibility to make sure that HI-FI ACCESS always has the most up to date contact and billing information for their account. Under no circumstances will HI-FI ACCESS be liable for bank fees incurred by the User for HI-FI ACCESS attempting to charge for service. If the billing continues to be declined after 15 days the account may be subject to cancellation for non-payment.

If you do not want your account charged on the 26th, you may request an alternate billing date; you must email or call our billing department to request it. Please give us at least 5 days for processing. Please call us if you need it changed immediately. If you send an email, you will receive an email reply once it has been changed, if you do not receive a reply, the change has not been made. If you send an email it is your responsibility to make sure that you get the reply that its been done. We will not be liable for any bank fees due to non processed requests.

HI-FI ACCESS accepts checks & money orders but only for semi annual or annual payments. Month to month is not available for any methods besides credit cards or electronic check. Refunds for a check or money order subscription are available by the following calculation: Amount Paid minus number of months since service began * 19.95. A 30 day holdback is placed on all check payments before issuing a refund to ensure that the check has time to clear the bank. No exceptions are provided.

Refunds will be only given upon request in the first seven (7) days of service if the user states that they were not happy with the service provided and provides a reason for cancellation. Refunds are only available for credit card transactions. Online check transactions are not eligible for the seven (7) day satisfaction guarantee.

Any billing disputes done through the bank will result in immediate cancellation of our HI-FI ACCESS account. Please direct all billing disputes to our billing department. For any accidental disputes, if you wish to get your service reinstated you will have a $15.00 per dispute reinstatement fee.

If a electronic check or a check payment is returned for any reason a $5.00 returned check fee will apply.

Cancellation Policy

You can cancel your service one of three ways.

By mail to:
HI-FI ACCESS
1329 Spur Drive
Marshfield, Mo 65706

By Phone to: 1-417-859-2052 (7 AM - 5 PM CST M-F)
By FAX to: 1-417-859-2052

Please include your name, address, return phone number, dial-up username, and email address as well as a request to cancel service and the date you want the cancellation to occur.

Accounts are invoiced and billed on the 26th day of each month. Cancellations are processed at the end of each billing cycle. (ie. if you cancel on January 26th, your cancellation date would be the end of February). We do not offer prorated refunds for service beyond the initial 7 day guarantee.

If you have an alternate billing day, you must still call us to cancel prior to the 26th to avoid a charge on the next billing day. Our policies do not change because of the billing day, we are just doing you the courtesy of changing it so it is more in line with when you get paid, however the billing is still for the same service period as our standard billing dates.

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User 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.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.