Refund  & Terms of Use Policies

            Welcome to Think Internet a subsidiary of Think Computers Inc.  This Member Agreement and the Think Internet Service Privacy Policy collectively make up the Think Internet Terms of Service. The Think Internet Terms of Service governs your membership and your use of the Think Internet Service. By registering for or using the Think Internet Service, you agree to the Terms of Service and you also agree to transact electronically with Think Computers Inc.

TERMS AND CONDITIONS OF SERVICE

This Service Agreement Terms and Conditions ("TERMS") is between Think-Internet a subsidiary of Think Internet Inc. herein after referred to as (PROVIDER) and the user of Internet access provided by PROVIDER ("USER"). Any use of the accounts provided by PROVIDER shows that the user agrees to the terms and conditions stated as follows:

WHEREAS, PROVIDER agrees to provide, and USER agrees to receive, access to Internet services ("INTERNET SERVICES") according to the following terms and conditions:

DEFINITIONS: USER USE includes but is not limited to accessing PROVIDER services by USER or outside parties on the Internet, registering with PROVIDER by phone, online, or mail for Internet service. THIRD PARTY SERVICES are software, information, and network services that are accessible through PROVIDER's web pages, PPP connection and/or related services. ACCEPTANCE for the purposes of determining who is subject to these TERMS is defined as logging onto PROVIDER's services, using USER's account in any way, and pressing the "Submit" and/or "I Accept" button on these TERMS, or by initiating a SERVICE REQUEST as defined herein. INTERNET SERVICES are full PPP dial-up access to the Internet. SERVICE REQUEST is any verbal, written or electronic contract by which USER agrees to pay PROVIDER for its INTERNET SERVICES. MISUSE is an act by USER expressly or impliedly forbidden by these TERMS.

Duties of PROVIDER: PROVIDER will maintain accessibility to the Internet via local and/or dial-up access to USER. USER understands and agrees that this access will be limited by the following:

(a) Maintenance: PROVIDER will have scheduled downtime and maintenance of equipment.

(b) Good Faith Duty: PROVIDER has only a good faith duty to make repairs in a timely manner and maintain data.

(c) Force Majeure: USER understands that due to factors outside PROVIDER's control, including but not limited to power failures, technical failures, interruption of service by any telecommunication company, activity on the Internet, acts of God, or any other cause outside PROVIDER's control, service may be interrupted.

(d) Limited Responsibility of PROVIDER: Except for PROVIDER's good faith duty defined in 1(b), PROVIDER has no responsibility for providing INTERNET SERVICES or safe keeping of USER's data.

Acceptable Use Policy (MISUSE): In the event of inappropriate use of the service or of THIRD PARTY SERVICES, PROVIDER, at its sole discretion, may suspend Internet access by the USER and to the USER's INTERNET SERVICE. Customer agrees to abide by acceptable use policies of all THIRD PARTY SERVICES. MISUSE includes but is not limited to the following USER actions via PROVIDER's INTERNET SERVICES or THIRD PARTY SERVICES: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information; (b) use PROVIDER's INTERNET SERVICES to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS; (h) use your account in a manner that adversely affects the availability of its resources to other USER's; (i) send Email to USER's for any purpose other than personal communication, including to advertise or offer to sell goods or services to other USER's (except as otherwise expressly permitted by PROVIDER); (j) download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; or (k) act, or fail to act in a manner that is contrary to applicable law or regulation. (l) disseminate any material(including dial-ups, solicited or unsolicited e-mail, solicited or unsolicited web sites) which generates multiple complaints with internet users. In addition, each time you upload a file to a PROVIDER network you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other USER the right to download and use such file for personal use. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your Service Agreement.

Non-Assignability: The benefits or rights conferred by these TERMS are non-transferable, except by the written consent of PROVIDER. If such consent is granted, the provisions of these TERMS shall be binding upon and inure to the benefit of the parties, their agents, servants, employees, officers, directors, parents, subsidiaries and affiliates, franchisees, licensees, successors and assigns.

Date of Effect: These TERMS shall be effective on ACCEPTANCE by USER and shall remain in force for an initial period of one (1) year. Thereafter, the TERMS shall automatically renew for successive one-year periods, until USER gives written notice of termination to PROVIDER as outlined in Section titled "Termination Rights of USER:".

Cancellation: These TERMS are not cancelable by USER except as provided in Section titled "Termination Rights of USER:" or as prescribed by Federal law and the laws of the State that PROVIDER resides.

Prepayment for Services: All services provided to USER are to be prepaid, unless other specific arrangements have been made in writing by an authorized representative of PROVIDER.

Individual Continuous Use Only: The benefit of or rights conferred by these TERMS are expressly limited to individual continuous use. Individual continuous use is defined as uninterrupted physical presence in front of any access equipment used by USER to access PROVIDER's INTERNET SERVICES. In the event USER's account shows no activity for ten (10) or more minutes, PROVIDER may at its option disconnect USER's connection to PROVIDER.

Incorporation: All provisions of these TERMS are to be incorporated into all other contracts for service which PROVIDER has entered into with the USER including but not limited to any SERVICE AGREEMENT. USER is responsible for any and all local or long-distance telephone charges for connecting to PROVIDER.

Termination Rights of USER: USER may cancel USER'S INTERNET SERVICE with PROVIDER only in writing, by email, fax or U.S. Mail on or before 10 days from the End Date of the current Service Period. The date of receipt of cancellation shall be when the cancellation request is physically received by PROVIDER. USER agrees to follow the TERMS of any network access pursuant to these TERMS whether now in existence or added subsequent to the date hereof, including, but not limited to, PROVIDER's system. USER is responsible for all use of USER's account(s) and confidentiality of USER's password(s) and information. PROVIDER will suspend access or change access to USER's account(s) within a reasonable time upon written notification by USER that his/her password(s) or information has been lost, stolen, or otherwise compromised. PROVIDER reserves the right to charge a reasonable administrative fee for changing USER's account password(s) and or information.

Responsibility for Payment Upon ACCEPTANCE: USER is responsible for charges at the time of ACCEPTANCE of these TERMS and PROVIDER may apply the amount due to USER's credit card at any time for amounts due. USER agrees to be financially responsible for use of PROVIDER's INTERNET SERVICES (as well as for use of USER's account by others, including minors living with USER) and to comply with USER's responsibilities and obligations as stated in these TERMS. There are no trial periods. Accounts will automatically renew for the same Service Period as originally registered for, unless agreed upon in writing by an agent of PROVIDER, on or before their respective End Dates unless a termination request is received by PROVIDER at least 10 days in advance of the End Date.

Account Renewal Rate: All accounts renew at the current rate in effect at the date of renewal. USER consents to and PROVIDER reserves the right to change its service rates based solely on PROVIDER's business judgement.

Credit Policy - Billing Period - Irrevocable Right to Collect Costs and Fees: PROVIDER reserves the right, in its sole discretion, to suspend access to service for USER's account(s) upon an indication of credit problems including but not limited to delinquent payments or rejection of any credit card charges, or returned bad checks. USER understands and agrees that after ACCEPTANCE of these TERMS, USER will be billed for the full period for which USER has subscribed. USER understands and agrees that USER is responsible for any costs and fees generated by credit issues in USER's control. USER grants PROVIDER an irrevocable right to charge costs and fees caused by USER back to USER. These costs and fees include but are not limited to, charge backs, any service charge(s) levied by a merchant account carrier for a stop-payment, any service charge(s) levied by any bank for a stopped check, or any increased costs incurred by PROVIDER due to USER's actions. USER consents to billing of costs and fees out of USER's credit card. PROVIDER reserves the right to change without notice PROVIDER service, including, but not limited to, access procedures, commands, documentation, directory or file structures, vendors and services offered, so long as PROVIDER continues to provide equivalent or greater functionality of services. PROVIDER is not responsible for any damages arising from USER's use of PROVIDER's INTERNET SERVICE or by USER's inability to use PROVIDER's INTERNET SERVICE for any reason.

Sole Remedy of USER: After ACCEPTANCE of these TERMS, no refunds shall be given to USER by PROVIDER for any reason. USER's sole remedy shall be in the form of an online credit provided by PROVIDER to USER. This online credit may be granted to USER after written notice of access problems with PROVIDER's INTERNET SERVICES. USER must comply with all terms and conditions of Section titled "Written Notice Required:" of these TERMS to receive an online credit.

Public Nature: Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. PROVIDER is not liable for protection or privacy of electronic mail or other information transferred though the Internet or any other network PROVIDER or its USER's may utilize.

Check Policy: PROVIDER will accept personal checks subject to the following terms: (a) Payments are due by the 1st of each month. (b) Payments are considered late if not received by the first business day of each subsequent Service Period; (c) Payments not received five days after due date are subject to a late charge of $10.00 or disconnection, at PROVIDER's sole discretion; (d) an additional $25.00 charge will become due and payable if checks are returned due to non-sufficient funds (NSF), and check privileges may be promptly revoked.

Legal Compliance: USER agrees to use the service in a manner consistent with any and all applicable laws.

Warranty of Age: By signing or accepting (ACCEPTANCE) this contract, USER warrants that signer is more than 18 years of age, or, if not, that these TERMS have been signed or accepted (ACCEPTANCE) by the parents or legal guardian who has accepted responsibility. If USER's representations concerning this section are fraudulent, then PROVIDER has the right to immediately terminate all services and collect any damages caused as a result of the misrepresentation.

Warranty Disclaimer: PROVIDER PROVIDES THIS SERVICE TO USER "AS IS," "AS AVAILABLE." PROVIDER DISCLAIMS ALL WARRANTIES FOR INTERNET SERVICE INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Intellectual Property Compliance: USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION BY PROVIDER THROUGH USER'S ACCOUNT WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW, TRADE SECRET OR PROPRIETARY RIGHT OF OTHERS. USER FURTHER AGREES THAT NO MATERIAL SUBMITTED SHALL CONTAIN ANYTHING OBSCENE OR LIBELOUS.

Damage Limitation: In no event shall PROVIDER be liable for damages under these TERMS, including but not limited to special or consequential, direct or indirect, whether or not the possibility of such damages has been disclosed to PROVIDER in advance or could have been reasonably foreseen by PROVIDER. The parties agree that any liability of PROVIDER to USER shall be limited to an online credit for the time under dispute as liquidated damages and PROVIDER shall be relieved of further liability under these TERMS. The period under dispute shall not commence until USER notifies PROVIDER in writing of the problem.

Customer Liability: USER is liable for any damages that result from willful or negligent violation of these TERMS, the acceptable use policy of PROVIDER, or the acceptable use policy of any THIRD PARTY SERVICES.

Disputes: Any disputes that arise between PROVIDER and USER with respect to the performance of this contract shall be submitted to binding arbitration to the presiding arbitration judge in the county in which PROVIDER resides, and shall be determined and resolved under the rules and procedures in effect at the time of submission and the parties hereby agree to share equally all costs of said arbitration, excluding attorney's fees.

Non-Waiver: Non-enforcement of any section of these TERMS by PROVIDER does not constitute consent or waiver of that term or section and PROVIDER reserves the right to enforce these TERMS at its sole discretion.

Written Notice Required: All notices given by any party or required under these TERMS provided by USER to PROVIDER shall be in writing, by mail or fax, and addressed to the relevant part(ies) at the following locations:

a. Notices to PROVIDER should be sent to:
XXXXX
XXXXX
XXXXX, XX XXXXX

b. However, the above paragraph in no way limits PROVIDER's ability to notify USER of any information regarding USER's account through the account(s) held by USER and provided by PROVIDER.

Termination Rights of PROVIDER: PROVIDER in its business judgment, may terminate customer's SERVICE AGREEMENT immediately or suspend USER's access to the service upon any breach of these TERMS by USER including, but not limited to, refusal or failure to pay for services provided or by sole judgment of PROVIDER that USER may be performing activities harmful to PROVIDER or its other customers, employees, vendors, business relationships or any other Internet user. Upon termination, USER may reapply for membership, although PROVIDER reserves the right in its sole discretion to accept or deny such application. Upon termination of USER's account under this section, USER understands that no refund will be issued. It is difficult or impossible to ascertain damages caused by USER's actions causing a termination of USER's account by PROVIDER under this section. Therefore, USER agrees to pay the balance due for the remaining registered Service Period as liquidated damages. The payment of these damages by USER in no way limits USER's responsibility under this Agreement for USER's action that triggered USER's termination.

Governing Law: These TERMS and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the state of which PROVIDER resides (without regard to principles of conflicts of law).

Modification: Modification or amendment of any provision of these TERMS will be binding on any USER when USER consents to the modified or amended TERMS by ACCEPTANCE.

Attorney Fees: In the event of any suit or action to enforce or interpret any provision of these TERMS, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Severability: If any term or provision of these TERMS is held to be void or unenforceable, that term or provision will be severed from these TERMS, the balance of these TERMS will survive, and the balance of these TERMS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of these TERMS.

Captions: The captions used in these TERMS are for the convenience of the parties only and will not be interpreted to enlarge, contract, or alter the terms and provisions of these TERMS.

Mass Mailing Limitation: Use of distribution lists via electronic mail or other mass electronic mailings is subject to approval by PROVIDER. Failure to obtain approval from PROVIDER by USER prior to any mass mailing may result in the immediate termination of USER's account(s). Further, USER agrees to be responsible and indemnify PROVIDER for any harm, monetary or otherwise caused by USER's MISUSE of his/her account(s). No spamming allowed. PROVIDER reserves the right to impose a $500.00 fee for any solicited or unsolicited mailing complaints generated by an internet user for e-mail generated from a PROVIDER e-mail or dial-up account. USER agrees to cover any cost involved in damages caused by these incidents.

Modification of TERMS: PROVIDER may at its option modify, append or delete these TERMS by posting them to PROVIDER's web page (http://www.PROVIDER). USER's acceptance of new TERMS shall be on use of a PROVIDER account by USER or on ACCEPTANCE. PROVIDER RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ONLINE. YOU, THE USER, ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ONLINE ON PROVIDER'S WEB PAGES, ON A REGULAR BASIS, IN ORDER TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF PROVIDER INTERNET SERVICES OR ACCEPTANCE AFTER CHANGES ARE POSTED CONSTITUTES YOUR CONSENT TO THESE TERMS AS MODIFIED BY THE POSTED CHANGES.

Indemnity: USER agrees that by ACCEPTANCE of these TERMS USER hereby assumes the entire responsibility and liability on the part of PROVIDER and USER for any and all damage to persons or property caused by or resulting from or arising out of any act or omission including MISUSE on the part of the USER under or in connection with these TERMS including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other USER's and infringement of intellectual property or other rights. The USER shall hold harmless and indemnify PROVIDER from and against any and all claims, losses, expenses, fees or criminal penalties, including but not limited to counsel fees, which either or both of them may suffer, pay or incur as the result of claims or suits by private or public bodies, due to, arising out of or in connection with any and all such damage, real or alleged, and USER shall, upon written demand by PROVIDER, assume and defend at USER's sole cost and expense, any and all such suits or defense of claims, using PROVIDER's choice of council.

Subpoena Consent: PROVIDER will allow USER account access to Federal or State law enforcement authorities if subpoenaed. USER shall hold harmless PROVIDER for any such action.

Liquidated Damages for Termination Under Section titled "Termination Rights of USER:": If USER elects to terminate service pursuant to Section titled "Termination Rights of USER:", such termination may take effect immediately upon receipt by PROVIDER, regardless of USER's End Date, unless USER indicates a specific date to terminate the account. USER agrees to pay for, as liquidated damages for cancellation, the remaining time due in USER's Service Period. USER understands that this provision is intended to establish liquidated damages in the event of a cancellation and is not intended as a penalty. Unless otherwise provided for in writing, payment to PROVIDER by USER for INTERNET SERVICES shall be paid on a monthly or quarterly basis.

Singular and Plural: As used in these TERMS, the use of the singular or plural form of any noun, pronoun or verb will be deemed to include the other whenever the context so indicates or requires.

USER Information: The name, address and payment information that you provide when you subscribe to PROVIDER, together with information regarding the manner in which you use PROVIDER's INTERNET SERVICES, will not be processed or disclosed by PROVIDER except as permitted by these TERMS. By becoming a USER, you agree that PROVIDER may share with other parties both aggregate information and limited individual information gathered during your use of PROVIDER INTERNET SERVICES and THIRD PARTY SERVICES. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of USER's as a group but does not indicate the identity of particular USER. "Individual information" is information about a USER presented in a form distinguishable from information relating to other USER's but not in a form that enables the recipient to personally identify any USER. You also agree that locator information about you may be gathered, processed or used. "Locator information" consists of a USER's name, email address, physical address and/or other data that enables the recipient to personally identify the USER. You agree that locator information for you may be gathered, processed or used as follows: PROVIDER may use the locator information for its billing and collection of charges due pursuant to this Agreement, and as is necessary for its enforcement of any of the terms of this Agreement; as PROVIDER sees fit for promotional, marketing, or business development reasons; to a merchant, Internet Access Provider or other entity who has identified a group of USER's to whom it wishes to make a special offer or communication, PROVIDER may use locator information to forward such offer or communication via PROVIDER's INTERNET SERVICES to those USERS. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.