Access 1 - Terms of Service

This Service Agreement (this " Agreement" ) is entered into by and between 1, Corp ("Access 1") and the undersigned (" Member" ). In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows:

1. Accounts and Services.
Access 1shall provide Member with a dialup account (the “Account”) on Access 1s network, which will allow Member to access the Internet on the terms set forth herein, as may be amended from time to time by Access 1. Member’s Account will include where applicable access to the World Wide Web, electronic mail (“E-mail”), and other services commonly associated with the Internet (collectively, “Services”). Access 1allows access and makes no guarantee of Member side connectivity. Access 1 is NOT responsible for any Member long distance telephone charges.

2. Term & Billing.
Access 1 will enable Member’s Account upon the date (the “Commencement Date”) of Access 1’s acceptance of Member’s application either electronic, verbal or written. All services are for full term as specified by either the fee schedule or the payment methodology, with no prorating of any kind (except as an adjusted for the "Billing Day or Date"). Member shall promptly notify Access 1 in writing, online or by E-mail of any changes in Member’s Account information, such as changes in address or telephone number.

Rates.
Member shall pay all fees, including the Monthly Service Fee, Setup Fee, Late Fees Invoice Fees and any other fees, as set forth on Access 1’s then-current Fee Schedule in advance. All fees are subject to change without notice.

Method of Payment.
All services are prepaid and non-refundable. Access 1 reserves the right to collect the last month's non-refundable payment in advance and may collect or recollect such at anytime. Payments (whether financial, coupons or other) are posted as credits and are non-refundable. There may be a fee for certain billing methodologies. Where an approved automatic payment method (i.e. credit card or electronic payment etc.) is used, Access 1 shall automatically debit payments by Member using the original payment method specified or until modified by Member. When the billing method is by "Invoice" Access 1 may add an invoice fee and shall use E-mail, postal or both. Invoices are sent in advance and all services are prepaid.

Collection.
There are service charges for unsuccessful payment instruments (return checks, charge cards, drafts, ACH etc.) as well as for unpaid accounts lacking a valid payment methodology and an additional collection fee for items charged back to Access 1 (draft/check or charge) as outlined in the Access 1 fee schedule. Member must notify Access 1 at least 15 working days before the next payment is due if Member wishes to change the method of payment. Accounts that are delinquent may have their files purged, maybe charged a reactivation fee and have their service plan adjusted for the then current service plan, without notice.

Accounting Cycle.
Member's accounting cycle begins on the Commencement Date and unless adjusted, this day of the month becomes the "Billing Day"; except when specified and changed. All accounts are billed monthly on or about their Billing Day unless adjusted for calendar month. Some services are billed on a calendar month and come due in advance of the first of that month.

4. Amendment.
Access 1 reserves the right to change the terms and conditions of this Agreement and/or any collateral agreements referenced herein, including the Acceptable Use Policy and the Fee Schedule, by notifying Member on the Access 1’s Website (linked from home page) or by E-mail at least 15 days in advance of the effective date of the change. Use by Member after the effective date constitutes acceptance of the new terms and conditions.

5. Offensive or Adult Materials
Access 1 exercises no control over the content of materials accessed through the Internet, including via Access 1’s network. Some materials may be offensive to certain groups of individuals. Members less than 18 years of age must have a parent or legal guardian authorize this agreement, verifying that the parent or legal guardian understands that Member will have access to such materials and that Access 1 does not accept responsibility for monitoring and/or controlling such access. Member and, if applicable, Member’s legal guardian, hereby release(s) Access 1 from all claims arising from Member’s and other individuals’ exposure to material that Member or such other individuals may find offensive.

6. Acceptable Use Policy
Member agrees to be bound by the provisions of Access 1’s Acceptable Use Policy, which is incorporated by reference as if fully set forth herein, including all legal obligations arising there under.

7. Termination.
This Agreement may be terminated at any time by either party for any reason upon a 15 day written, email, or phone notice prior to the last month of this Agreement (except for acceptable use violations). There is no partial refund/reimbursement for setup fees or any part of the remaining term for Access 1 service. The low price for service is based on the full payment for full term agreements and should Member not complete full term there is no prorating of annual, quarterly or monthly fees. If account is terminated for violation of the Acceptable Use Policy Member may be immediately terminated and a $200 fee for each violation may be accessed by Access 1. If account is terminated after the first day of any accounting cycle, the service fee for the entire cycle is owed. Access 1 may, if Member requests, forward E-mail to Member’s new E-mail address. This Agreement shall continue from month to month until terminated or superseded.

8. Warranties; Limitation of Liability.
Access 1 makes no warranties of any kind, whether express or implied, for its Setup or Services. Access 1 specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Access 1 will not be responsible for any losses or damages resulting from delays, nondeliveries, misdeliveries, service interruption, “down time,” or Member’s errors or omissions. Access 1 will not under any circumstances be responsible for any long distance phone charges incurred by Member. Access 1 shall have no liability for failure to provide Services resulting from the acts or omissions of third parties. Access 1 will not under any circumstances be responsible for consequential damages, including, but not limited to, any consequential damages arising from Access 1’s failure to provide Services in accordance with this Agreement. ECRii reserves the right to refuse service, at anytime, at it's sole discretion.

9. Complete Agreement; Severability.
This Agreement supersedes any other written or oral agreement, and represents the complete understanding between Access 1 and Member. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect. This agreement but does NOT have to be signed to be enforced.