Terms of Service
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
Warranty DisclaimerNo warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
Responsibility of UseUser shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
User is responsible for making sure the access number they dial is a local toll-free call. Under no circumstance will powrup.net be responsible for long distance charges incurred to the enduser by using the service. If you have any doubts if a number is local, please call your local operator by dialing 0.
Limitation of LiabilityUnder no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are applied to the service:
User May Not:
We do not market powrup.net service as unlimited, but currently there are no specific usage caps on the number of hours that our members can use during their monthly billing cycle.
Please keep in mind, however, that we are a consumer service, and not designed for people who require an "always on" connection with long periods of inactivity.
User agrees to allow provider to force a 15 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.
powrup.net will not use or sell your email address or personal data to any 3rd party, with the exception that if powrup.net sells the majority of its assets or business, it may provide this data to the purchaser of the business so that they can continue providing service to the powrup.net endusers.
Upon signup, the enduser will be billed for the prorated portion of the month. In the event that the enduser signs up for service after the 25th, they will be billed for the prorated portion for the days remaining plus the next month service fees.
All recurring transactions take place on the 26th of the month. If the billing is declined, we will attempt a rebill between the 28th to the 30th and may continue to do so every few days for service. It is the End Users responsibility to make sure that powrup.net always has the most up to date contact and billing information for their account. Under no circumstances will powrup.net be liable for bank fees incurred by the User for powrup.net attempting to charge for service. If the billing continues to be declined after 15 days the account may be subject to cancellation for non-payment.
Any billing disputes done through the bank will result in immediate cancellation of our powrup.net account. Please redirect all billing disputes to our billing department.
powrup.net accepts checks & money orders but only for annual payments. Month to month is not available for any methods besides credit cards or electronic check. Refunds for annual check or money order subscriptions are available by the following calculation: Amount Paid minus number of months since service began * 19.95. A 30 day holdback is placed on all check payments before issuing a refund to ensure that the check has time to clear the bank. No exceptions are provided.
Refunds will be only given upon request in the first seven (7) days of service if the user states that they were not happy with the service provided and provides a reason for cancellation. Refunds are only available for credit card transactions. Online check transactions are not eligable for the seven (7) day satisfaction guarantee.
If a electronic check or a check payment is returned for any reason a $5.00 returned check fee will apply.
You can cancel your service one of three ways.
By mail to:
By Phone to: 1-573-547-3996
Please include your name, address, return phone number, dial-up username, and email address as well as a request to cancel service and the date you want the cancellation to occur.
Accounts are billed on the 26th day of each month. Cancellations are processed at the end of each billing cycle. (ie. if you cancel on January 26th, your cancellation date would be the end of February). We do not offer prorated refunds for service beyond the initial 7 day guarantee.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.