PHREEGO GRANTS ACCESS ON THE CONDITION THAT YOU ACCEPT AND ABIDE BY ALL OF THE TERMS, CONDITIONS AND GUIDELINES CONTAINED IN THIS TERMS AND CONDITIONS (TAC) POLICY. BY REGISTERING FOR OR CONTINUING TO USE PHREEGO SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TAC, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, CONDITIONS OR GUIDELINES IN THIS TAC, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
END-USER LICENSE & TERMS OF SERVICE
These Subscriber Policies and Procedures comprise the terms and conditions governing all Phreego Subscribers. It is essential to understand and comply with each provision set forth herein. All Phreego Subscribers must be and by executing the Subscriber Application and Authorization do hereby agree to be bound by the terms contained herein. The Service Providers, as defined in paragraph 1, reserve the right to amend these Policies and Procedures from time to time. Should you have any questions regarding these Policies and Procedures or any policy of the Service Providers, please consult the Service Providers.
Phreego SERVICE AGREEMENT TERMS:
1. The Phreego service (the "Service") consists of computing services, software, information services, and information provided by Phreego. ("Service Providers"). The Service, which is provided under the service/product brand name Phreego, also offers subscribers access to information and software that may be owned or made available by third parties. The terms and conditions of this service agreement constitute the entire agreement (collectively, the "Agreement") between the Service Providers and the subscriber with respect to the Service and supersede all other communications. Billing for the Service is provided by and through Phreego.
2. Upon Notice published over the Service, the Service Providers may modify this Agreement, the Operating Rules or prices. The Service Providers may discontinue or revise any or all other aspects of the Services at their sole discretion and without prior notice.
3. Unless otherwise agreed, Subscriber's right to use the Service or to designate Subscribers is not transferable and is subject to any limits established by the Service Providers, or by Subscriber's credit card company if billing is through a credit card.
4. Subscriber agrees to indemnify the Service Providers against liability for any and all use of Subscriber's account.
5. Subscriber is responsible for and must provide all telephone and other equipment and services necessary to access the Service.
6. Subscriber EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT Subscriber's SOLE RISK. NEITHER THE SERVICE PROVIDERS, Phreego, NOR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYERS, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THE SERVICE PROVIDERS, Phreego, OR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER THE SERVICE PROVIDERS, Phreego, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.THE PROVISIONS OF THIS SECTION_6 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
7. Except as may be expressly permitted by the copyright owner(s), subscriber may not reproduce, redistribute, retransmit, publish, or otherwise transfer or commercially exploit any information which they receive through the Service.
8. The provisions of paragraphs 8 and 9 are for the benefit of the Service Providers and their Information Providers, Licensors, Employees and Agents, and each shall have the right to assert and enforce such provisions directly on its own behalf.
9. Subject to the terms of this Agreement, the Service Providers grant to Subscriber a personal, non-exclusive, non-assignable and nontransferable license to use and display the Service Provider's Information software ("Software") on any machine(s) of which Subscriber is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Subscriber may not sublicense, assign, or transfer this license or the Software. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.
10. Idle Timeout
User agrees to have their online session automatically terminated after thirty (30) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the PHREEGO Service.
11. Maximum Single Session
User agrees to have an online session automatically terminated after four (4) hours of consecutive time, regardless of data transferred during such specific online session.
12. Minimum Re-Connect Limit
User understands they cannot log back onto PHREEGO for a period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
13. Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each Dial-Up account purchased.
14. Excessive Usage
All service plans are prohibited from being used to provide subscriber with dedicated or constant connectivity. PHREEGO reserves the right to immediately terminate or modify the Services of any User if PHREGO determines, in its sole discretion, that the User is using the Service in an excessive manner.
15. Access Telephone Numbers
An updated and complete listing of PHREEGO access telephone numbers is available at www.phreego.com.
Phreego has the no-questions-asked, 30-day, money back guarantee for first-time members. If you are not completely satisfied with our service within 30 days of signing up, just let us know. After the 30 days, if you cancel your service, there are NO REFUNDS, this includes monthly, quarterly, semi-annual, and annual plans.
PHREEGO CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL. PHREEGO CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY. PHREEGO CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER MAY INCUR. PHREEGO, ITS EMPLOYEES OR ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT MAY NOT BE LOCAL TO EACH USER. PHREEGO WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE CONNECTED TO THE SERVICE.
User understands that from time to time PHREEGO or its contractors may add, discontinue or change access telephone numbers. PHREEGO and its contractors reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary. User agrees to alter access number if requested. In the event an access number is not available in a User s local dialing area, it is the sole responsibility of the User to cancel Service as outlined elsewhere in this agreement. PHREEGO will issue no refunds or credits in the event an access telephone number is changed or discontinued.
Phreego provides you with access to the Internet. Generally, the Internet consists of the following areas available through Phreego: Email, FTP, and the World Wide Web. The Internet is not owned, or operated by, or in any way affiliated with Phreego or any of its affiliates, licensors, or service providers; it is a separate, independent network of computers and is not part of Phreego. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Subscribers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is a matter of common sense. Although the Service Providers do not control the Internet, your conduct on the Internet when using your Phreego account is subject to the Service Providers'. Because Phreego and the Service Providers strive to be good Internet citizens, Phreego subscribers are prohibited from engaging in certain conduct on the Internet through or by means of Phreego.
The Service Providers reserve the right to prohibit conduct, communication, or Content on Phreego which it deems in its discretion to be harmful to any Subscriber, the communities which comprise Phreego, and third-parties' rights, or to violate applicable law. Notwithstanding the foregoing, neither the Service Providers, nor its Information Providers, have the practical ability to restrict conduct, communication or Content which might violate the Phreego Rules prior to transmission on Phreego, nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither the Service Providers, Phreego, nor any Information Provider shall assume or have any liability for any action or inaction by the Service Providers or any Internet Content Provider with respect to conduct, communication or Content on Phreego.
This Agreement contains the full understanding of the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on either party unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement.
By clicking the button below, you agree that you have read and agree with Phreego's Operating Guidelines and the Phreego Policies. Additionally, you understand all billing responsibilities you have with Phreego.
Phreego is not responsible for any charges assessed by your local or long distance telephone service. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall Phreego be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product.
If you agree with the Terms and Conditions of Service above, please click the button marked "Accept".
If you do not agree with the Terms and Conditions of Service, please click the "Decline" button.
Last updates: 06-19-2006