Dial Assurance: Usage Policy

All Dial Assurance Wholesale Dial-Up subscribers must agree to abide by all Usage Policies for any networks that they traverse, and always comply with local, state, and federal laws. Dial Assurance Wholesale Dial-Up exercises no control whatsoever over the content of the information passing through its networks. Dial Assurance Wholesale Dial-Up makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Warranties on equipment and/or software purchased from Dial Assurance Wholesale Dial-Up are limited to the written limited warranty which accompanies merchandise. Use of any information obtained via Dial Assurance Wholesale Dial-Up is at the user's own risk. Dial Assurance Wholesale Dial-Up specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Except as set forth herein, Dial Assurance Wholesale Dial-Up disclaims all warranties, express and implied, including the warranties of merchantability and fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Dial Assurance Wholesale Dial-Up does not warrant that the services will be uninterrupted, error-free, or completely secure.

In no event shall Dial Assurance Wholesale Dial-Up be liable (whether in contract, tort or otherwise, including negligence and strict liability) for any special, indirect, speculative or consequential damages whatsoever, including but not limited to lost profits, lost savings or costs attributed to delays or loss of time, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event shall Dial Assurance Wholesale Dial-Up be liable for punitive damages. The liability of Dial Assurance Wholesale Dial-Up under this agreement is limited to the Dial Assurance Wholesale Dial-Up obligation under the limited warranty set forth above. In no event shall the liability of Dial Assurance Wholesale Dial-Up exceed the amount paid by or on behalf of the customer for the current month.

Dial Assurance Wholesale Dial-Up network and services may be used for lawful purposes only. Transmission of any material in violation with any US or state regulation is prohibited. This includes, but is not limited to: Material determined to be obscene, copyrighted material, or material protected by trade secret. Customer agrees to indemnify and hold harmless Dial Assurance Wholesale Dial-Up from any claims resulting from use of the service which damages the customer or any other party.

When accessing other networks via Dial Assurance Wholesale Dial-Up, customers must comply with those networks' Usage Policies.

An individual dial-up account entitles only the named user to log in, and only one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a singular account is not permitted. Others uses are considered fraudulent. A charge equal to the monthly fee may be charged for commercial activities within an individual dial-up account.

Dial Assurance Wholesale Dial-Up reserves the right to modify, change, and reformat this document as it deems necessary with out permission or consent of its network users. Copies of the Usage Policy will remain available via the Dial Assurance Wholesale Dial-Up site.

Other uses of Dial Assurance Wholesale Dial-Up services, networks, equipment and/or lines are considered fraudulent, and a charge equal to an accounts monthly fee may be charged for violations.

Using or traversing Dial Assurance Wholesale Dial-Up networks constitutes FULL agreement and understanding of this Usage Policy and/or any future Usage Policy modifications.

Using Dial Assurance Wholesale Dial-Up network to transmit Unsolicited Bulk E-Mail (UBE) or Unsolicited Commercial E-Mail (UCE) is strictly prohibited. Any account being used to transmit UBE or UCE will be immediately terminated and subject to a $750 clean up fee from Dial Assurance Wholesale Dial-Up. Any cleanup charges incurred from other systems will be passed on to the customer in violation of our Usage Policy.

Internet access accounts are for the individual use of one subscriber only, and may only be used to access the Internet from one computer at any given time.

The dial-up phone number(s) provided may or may not be local to customers. Any phone charges incurred while accessing Dial Assurance Wholesale Dial-Up services are customer's sole responsibility.

These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail not with standing any variance with terms and conditions of any other submitted .Use of Dial Assurance Wholesale Dial-Up services, networks, and systems constitutes acceptance of the terms.