Accounts and Passwords. This agreement applies to all accounts, preexisting accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A MCIS Service account may not be transferred without prior written approval from MCIS. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the MCIS Service until you notify MCIS customer service at 605-997-3810.

Dial-Up Use. Dial-up access to the MCIS Service is intended for periodic, active use of electronic mail, newsgroups, file transfers via FTP, Internet relay chat, interactive games and browsing of the World Wide Web. You must not use MCIS to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or Web servers. You must not use dial-up access to the MCIS Service on a standby or inactive basis in order to maintain a connection. MCIS does not allow camping on line. Automated, electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are prohibited. Customer consents to monitoring of the service.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MCIS (OR ALSO REFERRED TO AS Moody County Internet Service, or RDC) OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE MCIS OR THE INTERNET, including but not limited to reliance on any information obtained via the MCIS Service or obtained from the Internet; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to MCIS records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT MCIS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM MCIS OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
MCIS will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of MCIS including without limitation Internet outages, communications outages, fire, flood, war or act of God.

LOSS OF DATA. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MCIS BE RESPONSIBLE FOR ANY LOST DATA OR REVENUES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE.

Disclaimer. MCIS is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MCIS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT MCIS WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MCIS, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. MCIS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE. The terms of this Section will survive any termination of this agreement.

Personal Information. You hereby certify to MCIS that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide MCIS with accurate, complete, and updated information required by the registration to the MCIS ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify MCIS within 30 days of any changes in your Member Registration Data. MCIS may require a copy of a state issued form of identification before making changes to the billing responsible for ensuring that electronic mail stored by you will not exceed this limit. Requests to cancel service must be received in writing.

Payment Terms. MCIS will invoice you monthly. Payment in full is due by the 1st of each month unless other agreements are made and agreed upon by both MCIS and customer in writing. Failure to make payment may terminate services. Termination does not relieve customer of its obligation to pay for past due service. Service interruption does not relieve customer of its obligation to pay monthly fees. Any amount due on or after due date is subject to a $5.00 service charge and an interest at a rate equal to 1.5 percent per month or at the highest rate permitted by law.