Terms and Conditions

All services provided by FOXyGARCIA, Inc. may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless FOXyGARCIA, Inc. from any claims resulting from the use of the service which damages the subscriber or any other parties.

NOTE: Pornography and sex-related merchandising are prohibited on any FOXyGARCIA, Inc. server. FOXyGARCIA, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

NOTE: Spamming, or the sending of unsolicited email, from a FOXyGARCIA, Inc. server or using an email address that is maintained on a FOXyGARCIA, Inc. machine is STRICTLY prohibited. FOXyGARCIA, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

Any access to other networks connected to FOXyGARCIA, Inc. must comply with the rules appropriate for that other network. This specifically, but not exclusively, includes NSFNET.

Payment is due immediately after date of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If a subscriber's check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned check" charge of $50. Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay FOXyGARCIA, Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and mail under the account will be preserved for 30 days from the date the payment is due. If the payment is not received after 30 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber. For this, an activation fee will be required.

The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account with the company is terminated, for any reason, by either the FOXyGARCIA, Inc. or the subscriber.

System accounts cannot be transferred or used by anyone other than the subscriber. No more than one login session may be used at any time by the subscriber or any system account. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

FOXyGARCIA, Inc. shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more then 30 days, the subscriber will be notified as to the reason.

Service provided by FOXyGARCIA, Inc. may be cancelled in writing at any time with no penalty. FOXyGARCIA, Inc. reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.

The subscriber must certify that he or she is at least 18 years of age.

If the subscriber requests that FOXyGARCIA, Inc. provide services not delineated herein any time during the 30 day period and thereafter, the subscriber agrees to pay FOXyGARCIA, Inc. price for such services in effect at the time such service was rendered.

FOXyGARCIA, Inc. exercises no control whatsoever over the content of the information passing through FOXyGARCIA, Inc..

FOXyGARCIA, Inc. makes no warranties of any kind, whether expressed or implied, for the service it is providing. FOXyGARCIA, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. FOXyGARCIA, Inc. will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by FOXyGARCIA, Inc. negligence or the subscriber's errors or omissions. Use of any information obtained via FOXyGARCIA, Inc. is at your own risk. FOXyGARCIA, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of FOXyGARCIA, Inc. Service constitutes acceptance of these Terms and Conditions.

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