Cybergate, Inc.

Cybergate Membership Agreement

Title I

General

All provisions of this agreement apply to the User's principal account and all accounts associated with it. Use of Cybergate Accounts is expressly limited to the individual whose name appears on the account and dependents of the account holder living at the same address further known as "User". User agrees to use the service in a manner consistent with any and all applicable rules and laws.

Subtitle 1 - Age

If User is less than eighteen years of age Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of User's account(s).

Subtitle 2 - Responsibility

User is responsible for all use of User's account(s) and confidentiality of password(s). Cybergate will suspend access or change access to User's accounts immediately upon the notification by User that his or her password has been lost, stolen, or otherwise compromised. Account must be canceled by phone, postal mail, or in person. No refunds will be given.

Title II

Billing

Users may cancel their service by communicating in writing to Cybergate Inc. at our office at 1511 West 4th Street, Laurel, MS 39440 or P.O. Box 785, Laurel, MS 39441, or by e-mail at billing@c-gate.net.

Set-up/activation fees are nonrefundable. Fees paid for filtered service are not refundable. Cybergate will terminate system access for the user at the end of the billing period. Any user canceling in the middle of a billing period will be responsible for paying that month of service. Accounts are not prorated for partial month service.

Users paying for their fees by credit card or automatic bank draft will automatically be charged on their invoices for any amount that the account has incurred. Including but not limited to duplicate login charges, overuse charges, and use of the 800/888 number provided by Cybergate, Inc.

User is responsible for any applicable telephone charges for connecting directly to Cybergate. User agrees to pay Cybergate all charges relating to the use of User's account(s) according to rates and prices published at the time the service is used. For acceptable usage, see Cybergate's Acceptable Usage Policy which is part of the Membership Agreement.

Subtitle 1 - Charges

Cybergate reserves the right to charge a monthly billing charge to all members to whom multiple invoices must be sent. Invoicing via electronic mail is provided at no charge upon request. All NSF checks are subject to a $20.00 service charge. Any accounts submitted to an outside agency for collection purposes are also subject to a $25.00 service charge.

Subtitle 2 - Late Fees/Collection

Cybergate reserves the right to charge late fees and/or collection expenses. Cybergate reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of charges.

Title III

Limitations and Liability

Cybergate's service is provided on an "as is, as available" basis, no warranties, expressed or implied. Neither Cybergate nor its information providers are responsible for any damages arising from User's Internet use through Cybergate. All inquiries are welcome via telephone during normal business hours. E-mail is always acceptable. Residential contact after normal business hours is not acceptable unless individual permission is granted.

Subtitle 1 - Personal Information/Information Accuracy

Cybergate is not responsible for User's personal information residing on User's personal system or Cybergate's system. Cybergate is an electronic distributor with no editorial or content or review control of the information passing through its network. Additionally, Cybergate has no software screening ability and no methods preventing the posting of defamatory or inappropriate messages. Messages not written by Cybergate, Inc. do not reflect the views of Cybergate, Inc. Cybergate, Inc. makes no warranties of any kind, whether expressed or implied, as to the availability, content or accuracy of the information or service it is providing. Use of any information obtained via Cybergate, Inc. is at the user's own risk and liability. Cybergate, Inc. expressly denies any responsibility for the accuracy or quality of information obtained through its services. Cybergate retains the right to delete any information on its servers that it deems inappropriate.

Title IV

Operation

Cybergate, Inc. agrees to provide full access dial-up or DSL Internet Service for reasonable use. Cybergate reserves the right to change the Cybergate service including but not limited to access procedure, hours of operation, menu structure, commands, documentation, and services offered.

Subtitle 1 - Inactive/Delinquent Accounts

Cybergate reserves the right to delete User's account(s) when not accessed for more than one (1) year. Cybergate reserves the right to delete User's account(s) if delinquent for more than one month.

Subtitle 2 - Termination of Agreement

Cybergate at its sole business judgment, may terminate this Agreement and suspend access to User's account(s) upon any breach of this Agreement including but not limited to refusal or failure to pay for services provided.

Title V

Governing Laws

This Agreement shall be governed by the laws of Mississippi and the United States federal government. Any Claims or causes of action related to Cybergate must be instituted within one (1) year after the claim or cause of action has arisen.

Title VI

Modification of Agreement/Acceptance

Cybergate may modify these terms and conditions online via Cybergate's Web Site. User's use of Cybergate's Internet service after such notice shall constitute User acceptance of the modification to this Agreement implied in fact.  In the event Cybergate, Inc. retains counsel or any outside agency to enforce any of the terms of the Acceptable Use Policy or Membership Agreement, it shall be entitled to recover all costs, including attorneys' fees associated therewith, from said user.

Copyright ©2008 Cybergate, Inc.