By using our services you agree to the following:

Metro Provider.

Terms and Conditions

This is a legal contract that covers the various services and brands provided by Metro Provider. Subscriber agrees to be bound by these terms whether signed or unsigned. Any subscriber who does not agree with these terms should immediately stop using the account and contact Metro Provider to cancel.

These terms and conditions supersede all previous representations, understandings or agreements and shall prevail not withstanding any variance with terms and conditions of any order submitted.

I. Provider liability:

The provider exercises no control whatsoever over the content of the information originating outside of its systems or passing through it. Use of any information obtained via the provider is at the subscriber's own risk. The provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. No warranty is made by the provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the provider or other services provided by the provider.

The provider disclaims any and all warranties of any kind, whether expressed or implied, for the services it is providing. The provider also disclaims any warranty of merchantability or fitness for a particular purpose.

The optional virus scan service may not be able to detect or repair all viruses and variants. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that neither Metro Provider nor its affiliates are responsible for any damages caused by your decision to do so.

Metro Provider reserves the right to limit and/or prohibit any content or material it deems inappropriate as part of this agreement.

Metro Provider reserves the right to prohibit, remove, and/or block access to any content that contains hyperlinks to content or material deemed inappropriate as defined herein.

Metro Provider reserves the right to prohibit, remove, and/or block access to any content which contains content or material that promotes or induces illegal activity.

Metro Provider reserves the right to prohibit and/or block access to any Usenet newsgroup, at any time for any reason, including those which contain content or material in violation of the terms in this agreement.

Metro Provider reserves the right to prohibit and/or block access to any irc channel, at any time for any reason, including those which contain content or material in violation of the terms in this agreement.

Metro Provider reserves the right to limit access to any port(s) on the Internet, including those which contain content or material in violation of the terms in this agreement.

Metro Provider reserves the right to terminate, without notice, subscriber's access for any activity related to threatening to injure, intimidate, interfere with, oppress or otherwise coerce any other person in connection with the free exercise or enjoyment of any right or privilege guaranteed to him or her under the United States or any national or state constitution on account of race, color, religion, ancestry, national origin, disability, gender or sexual orientation or because the subscriber perceives that another has one or more of these characteristics. This includes, but is not limited to, threats to inflict evil, injury or damage on another individual. Any liability of the provider, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of an authorized access to, alteration of, or use of data 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 provider for the current month.

Metro Provider reserves the right to release subscriber information to comply with an investigation into any activity which violates these terms, and may report such activity to the appropriate authorities.

II. Subscribers responsibility:

The subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her legal guardian. It shall be the responsibility of the subscriber to keep the provider informed as to a valid mailing address to which notice can be sent. Subscribers are responsible for keeping themselves informed of notices that are sent via e-mail or posted on the Metro Provider web site. www.metroprovider.com

Subscribers agree to obey any applicable local, state, and/or federal laws pertaining to their Internet access and use of these services. The subscriber agrees not to use these services to conduct any activity, which may violate these laws. Use of these services includes, but is not limited to: web, ftp, Usenet, Internet relay chat (irc), gopher, email, telnet, and any other medium through which Metro Provider server(s) are used for the storing, distribution, and/or transmission of content or material. Subscribers may be held legally liable for content and material located on their allocated storage sites, web pages, including but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secret; pornography; obscene and/or defamatory content.

Subscriber agrees not to violate any intellectual property rights, including uploading or downloading commercial software or proprietary information.

The subscriber expressly agrees to hold harmless the provider, its officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney's fees, litigation and court costs resulting from the subscriber's use of the provider's services in any manner, whether directly, indirectly or by any act of commission or omission.

The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statues, rules and regulations pertaining to (1) the subscriber's use of any of the provider's services, and (2) the communications means by which the subscriber connects to the provider's services or any other service provided by the provider. The provider's service may only be used for lawful purposes. Transmission of any material in violation of any United States or state regulation for any illegal or unlawful purpose is prohibited. This includes, but is not limited to any material, software/software code, intellectual property, protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other statute, material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication, or storage of any information, protected material/property, data or material in violation of any national law of any sovereign nation, or of international law, the United States annotated code, or of any local law, statute, regulation or rule.

You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restriction under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Metro Provider any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer and Netscape. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on the Internet.

Please report any violations of these terms to security@metroprovider.com. In the event that Metro Provider receives a complaint of illegal activity being conducted on or through its facilities or servers, Metro Provider will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Subscribers will be notified, by email, within three (3) days of this proceeding. Subscribers who believe their activities may have been mis-classified may petition Metro Provider for renewal of their account.

The subscriber agrees to abide by the provider's purpose and acceptable use policy. Use of the provider's service to access other networks, computers, or services must comply with the policies of these entities.

If the subscriber pays for service by credit card, ACH or other electronic means, they agree to provide accurate information to Metro Provider, for payment transactions and to update Metro Provider if any of the payment information changes.

III. Non transferable:

The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.

IV. Fees:

Payment is due before the due date shown on the invoice. Invoices are sent via e-mail or United States Postal Service fifteen (15) days before the due date. Accounts are placed on hold if payment is not received prior to five (5) days after due date. If the subscriber's payment is returned to us unpaid, the subscriber is immediately in default and subject to a returned check charge of $25. Accounts determined to be in default will have their service suspended. Such interruption does not relieve the subscriber from their obligation to pay. Accounts in default are subject to a re-connection charge of $3.00 plus all past due balances. If the subscriber defaults, the subscriber agrees to pay the provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these terms and conditions.

The provider reserves the right to change the rates and fees without notice. Rate and fee changes may be effective immediately. Only a verbal request to terminate the subscriber's service relieves the subscriber of the obligation to pay the monthly account charge. Upon acceptance of your termination request, you will receive a confirmation number. You should retain this number as proof that you have requested to have your account terminated. As part of your service agreement, you may be required to pay a termination charge as stated in the agreement.

V. Termination, suspension, or cancellation of accounts.

The provider shall have the right to suspend or terminate service to the subscriber at any time, without notice. Accounts that have been suspended or inactive for a period of 90 days will be deleted.

Canceled accounts will be terminated at the end of the term. We do not issue refunds for any unused portion.

VI. Session limits & idle timeouts

The provider reserves the right to impose session limits on dial-up accounts. There is a 20 minute idle time-out. If your session is idle for 20 minutes, you will be disconnected.

VII. Changes of these terms and conditions

The provider reserves the right to change, amend or alter the terms and conditions and any such amendments shall become effective upon promulgation. The subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the terms and conditions, to terminate the contract, by giving notice.

Upon breach of this contract, all subscriber's rights and privileges shall be immediately terminated. Upon termination of the account, the provider has the right to delete all data, files, or other information owned by the subscriber. The subscriber may terminate the subscription by notifying the provider in writing.

The forgoing disclaimers of warranty are void where prohibited by law.