Miami County Internet Onramp Membership Agreement
Last Updated: September 1, 2013

This on-line Agreement will always take precedence over all printed versions.

General

  1. The benefits of or rights conferred by this Agreement are nontransferable. Use of MCIO Memberships is expressly limited to the individual whose name appears on the Membership and dependents or employees of the Membership holder within the same household or business. The multiple use of an account user name is not allowed.

  2. Member is responsible for all hardware and software necessary to connect to MCIO. Minimum computer requirements recommended for installation and operation: fully functional equipment should include a Pentium III 366Mhz computer, 64MB RAM, Windows XP, 500 MB available hard drive space, mouse, CD-ROM, and at least a 33,600 bps modem.

  3. MCIO will provide telephone assistance to setting up the required software that is already installed on your computer.There will be no charge unless on-site service is needed.

  4. Member agrees to use our dial-up service in a manner consistent with any and all applicable laws. Service is provided on an "unlimited access, unlimited usage" basis. This can be broadly defined as we do not prevent access to any part of the Internet and you can use it as much as you desire. However, we request that if you are not actively using your service to please disconnect so that others may use that connection. We do not allow "camping". Camping can be broadly defined as remaining online for a period we have determined as longer then 10 continuous hours. We reserve the right to terminate, without prior notice, any connection found to be longer then 10 continuous hours. Should a user be found to be "camping" on a regular basis, we reserve the right to suspend and/or terminate service for that customer.

  5. If user is less than 18 years of age, Agreement must be acknowledged by a parent or guardian, who is responsible for all charges related to the Membership.

  6. Member is responsible for confidentiality of password(s). Passwords must be a minimum of 8 characters long and include at least one UPPER CASE letter and one special character [!@#$%^&*()_+-=]

  7. MCIO will suspend access or change access to Membership immediately upon notification by Member that his or her password has been lost, stolen or otherwise compromised.

  8. Member is responsible for any long-distance charges for connecting to MCIO.

  9. Memberships automatically renew and be billed on a monthly, quarterly, semi-annual or annual basis. No discounts are available. Billing for dial-up is completed on the 16th and 17th of the month with payment due on or before the coming 1st of the month, for the coming billing period of service. A Statement and/or Invoice reflecting total charges due is postal mailed or e-mailed at the time of billing. Service is paid for in advance. Effective January 15, 2004, a late charge of $10 is charged to any account with an unpaid balance on the 6th of each month.

  10. Billing for DSL is completed approximately 15 days before your DSL service activation anniversary date and due on or before your anniversary date, subject to the $10 late charge if past due.

Billing, Collections, Cancellation
  1. Member agrees to pay MCIO all charges relating to the use of Membership according to rates and prices published at the time service is provided. Rates and pricing are incorporated into this Agreement by the reference.

  2. Dial-up billing will be completed on the 16th and 17th of each month. A Statement of Account and/or Invoice will be postal mailed or E-mailed providing amount due on Account.

  3. Payment to dial-up MCIO for services provided is due by the first of the month and DSL services 14 days following date of Invoice, in advance.

  4. MCIO reserves the right to suspend access to service upon indication of delinquent payments.

  5. Customers with an open balance on the 6th of the month or 6 days after due date will be charged a $10.00 late charge. This late charge will apply to existing customers as well as customers who did pay their account in full at the time of cancellation.

  6. MCIO reserves the right to charge a re-connection fee once payment is made if service has been suspended.

  7. Membership shall be regarded as cancelled upon notification by postal mail or telephone conversation. No refunds will be given for unused service. Memberships are expected to be paid in full upon cancellation. There is no prorating of unused time.

  8. MCIO, at its sole business judgement, may terminate this Agreement and/or suspend access to Membership upon any breach of this Agreement including, but not limited to, refusal, failure, inability, or neglect to pay for services provided and/or rendered.

Limitations of Liability, Virus Protection, Ownership/Copyright
  1. MCIO service is provided on an "as is, as available" basis, no warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to MCIO or any information or software therein. MCIO strives to keep service in operation at all times, however situations out of our control (hardware failures, Internet outages, telephone company problems, or other issues) do occur. If a situation within our control causes a service outage, please rest assured we will work to the best of our ability to restore service as soon as possible. MCIO will not refund or prorate any amount based on scheduled or unscheduled outages of service or the customers inability to connect regardless of the cause of the interruption.

  2. MCIO, upon the written request of any Law Enforcment Agency, will release connection/disconnection records of any specific username/login name and/or IP address for the purpose of investgating the commission or possible commission of a crime.

  3. MCIO cannot keep track of all viruses that might be active on the World Wide Web. It is up to member to be aware of warnings and announcements found on the Internet and in the news media. Our mail server and the operating system that supports it are not subject to virus attack, so all mail is sorted and passed on directly into the customers account for their retrieval. It is the sole responsibility of the customer to purchase, install, and keep updated the virus protection software on their computer(s). Some very basic warnings: Do NOT open an e-mail from someone you don't know. Do NOT open any attachment that is not from someone that you have requested it from.

  4. MCIO, its agents or its information providers are not responsible for any damages to hardware, software or other damages arising from Member's use of service or by Member's inability to use said services. This includes but is not limited to virus attacks.

  5. MCIO is not responsible for Member's personal information residing on-line. Member shall always retain a current backup of anything stored online. E-mail received by Members on the MCIO server will be held for 30 days, at which time it will be purged from the server.

  6. Information available on MCIO is property of MCIO or its information providers. Member shall not redistribute or commercially exploit such information to any third party without the expressed written permission of its owner(s).

  7. Information providers have the right to assert and enforce such copyright provisions directly on their own behalf.

  8. MCIO reserves the right in its sole discretion to delete any information entered onto MCIO by a Member. MCIO and its authorized representatives have the right, but should not be obligated, to edit public information.

  9. Member hereby agrees that any material submitted for publication on MCIO through Membership does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary right of others, or contain anything obscene or libelous.

  10. MCIO is not responsible for any information, offensive or otherwise, on personal or commercial web pages and or hosted domains.

Operation

MCIO reserves the right to change, without notice, the service including but not limited to this Agreement, access procedure, hours of operation, menu structure, commands, documentation and services offered.

This Agreement shall be governed by the laws of the State of Kansas.

If any one or more items in this agreement is found to be unenforceable or invalid, Member's and MCIO's agreement on all other items is not affected.


Changes

March 22, 2004 - In order to provide better tracking of changes made to this Agreement, effective starting January 1, 2004, all changes made to the above Agreement will be made above and noted below, indicating the old and the new information as specified.

Date Section Old New Reason
03-22-04 General,
Item 2
Pentium
100
Pentium II
366Mhz
Older and slower computers
have too many issues with
processing Internet information
03-22-04 General,
Item 2
16mb RAM 64mb RAM Windows 98 operated best
with 64+ mb of RAM
03-22-04 General,
Item 2
Windows 95 Windows 98 Windows 95 Operating
System is no longer
supported by Microsoft
03-22-04 General,
Item 2
30 MB 100 MB More hard drive space
needed for cookies and
temporary Internet files
03-22-04 General,
Item 2
14,400
modem
33,600
modem
Connections slower than
33,600 are just too slow
for most customers patience
03-22-04 Operation ..... this Agreement needed to be added
03-22-04 VARIOUS ..... ..... to distinguish dial-up
from DSL services
05-17-04 General
Item 9,
Billing
Item 5
10th 6th late charges now imposed on the 6th of the month
05-17-04 Billing
Item 5
15th 10th unpaid accounts now suspended on the 10th of the month
05-17-04 Billing
Item 5
..... 15th past due accounts now cancelled on the 15th of the month
05-17-04 Billing
Item 5, 7
will be will no longer be bad debt accounts will no longer be reported to CSC
09-01-13 various updates and corrections


Return to the MCIO Homepage
All contents copyright © 1996-2013
Miami County Internet Onramp, Inc
All rights reserved.