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Member's Agreement / TOS.
Terms Of Service
    EXPRESS56.COM

Member Agreement, Terms of Service (TOS) and Acceptable Use Policy (AUP)

General

The Express 56 Terms of Service (TOS)encompasses the Member Agreement, these Terms of Service and other Acceptable Use Policies (AUP) that have been adopted by Express 56 to govern the use of your account on the Express 56 service.

You cannot become an Express 56 Subscriber until you have accepted all of the TOS of this Member Agreement.

The TOS is your entire agreement with Express 56 and it solely governs your membership as an Express 56 subscriber and customer. Additional terms and conditions associated with other services provided by Express 56 are also included as part of these TOS.

Express 56 reserves the right to make changes to, update, or otherwise revise any and all provisions of the TOS as necessary to keep pace with the needs of the changing online industry, our online community or for what ever reason might be necessary. Any changes shall be made with or without notice, but Express 56 will attempt to notify all members by e-mail or other communications methods of any changes, which substantially or materially affect the TOS 30 days prior to any change(s) taking effect.

If you do not agree to any of the changes proposed or implemented by Express 56 or any of the TOS, your only remedy is to cancel your Express 56 membership.

Accounts

To be an Express 56 member, you must be at least 18 years old. If you are not yet eighteen years old, you may still use Express 56, but only if the account was created and registered by your parent or guardian.

Upon completion of the Express 56 registration process, you become responsible for any and all activity associated with your account. Express 56 provides you with a limited, non-exclusive license for no more than the term of your membership with Express 56 to use your Username, which you select for your account. Your Username becomes your online identity within the Express 56 community and over the Internet. Your Username cannot be vulgar, or be used in any way that violates the other parts of the TOS.

As the account holder, you are responsible for all activity on and associated with your account and violations or warning(s) accrued by your account(s) can lead to termination of your account. It is important that you not reveal your password to other members and Express 56 employees will never ask you for your password.

You agree not to reveal your password to other users and you agree to indemnify and hold Express 56 harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. 

If your membership is terminated for violating the TOS, Express 56's express permission will be necessary before you are allowed to use Express 56 again.

Billing

Express 56 provides its service to our members for a monthly fee based on the current pricing schedule, which you agree to pay in advance each month. This fee includes an un-timed Internet access over the Express 56 or Express 56's partners' network.

Express 56 reserves the right to change our fees and billing methods at any time and upon e-mailing all members 30 days prior to any proposed change. Non-receipt of any such e-mail notice by a member shall not constitute grounds for any member to claim that no notice was given. Express 56 will make every effort to communicate its intentions with all members. If you don't like the changes in fees or billing methods, you may cancel your membership at any time, but Express 56 will not refund any remaining portion of the monthly fee when you cancel your membership and you will be responsible for any and all accrued charges associated with your account.

Express 56 has the right to collect applicable taxes and impose premium surcharges for some areas of service. Express 56 will provide notices that such content is made available for a premium charge before allowing entry and Express 56 will usually but not always secure such content by a separate Username and Password to prevent unauthorized access via your account(s). 

As the account holder, you are responsible for all charges incurred, including applicable taxes and/or purchases made by you or anyone you allow using your account, including your children, other members of your family or friends. Unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.

Some web sites and content providers charge separate fees, which are not included in the cost of your Express 56 membership. Express 56 provides you with access to a large number of third-party vendors, who provide content, goods and/or services directly through Express 56 or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your Express 56 membership.

Express 56 bills for your membership in advance (approximately every 30 days in advance) using an anniversary billing method. This means that if you began your membership on the 7th of the month, your next billing would be on the 7th of the following month, and so on. Express 56 does not provide any credits nor make additional charges for months, which run longer or shorter than 30 days. Express 56 reserves the option to adjust actual billing days to the nearest business day. 

Express 56 accepts the following forms of payment: by VISA, MasterCard, American Express or Discover; either credit or check debit; Express 56 does not invoice customers for payment. Express 56 may also add additional approved payment methods at a later date.

Every time you use Express 56 and access the Express 56 network, you re-affirm that Express 56 is fully authorized to charge your credit/debit card, depending on which payment method you have selected. You also agree to authorize Express 56 to charge purchases you make online within the Express 56 service to the credit/debit card you supplied to Express 56 when you joined or to debit your checking account if you selected that option during the registration process.

We appreciate and require that you pay your account balance in full on time. Since Express 56 bills all accounts in advance, Express 56 reserves the right to suspend the account for non-payment. In the event of a credit card/ debit card denial, Express 56 will automatically forward an email to your account to inform you of the problem. It will be your responsibility to contact Express 56 Customer Service to arrange for new payment methods. If you do not notify Express 56 and make new payment arrangements, your account will be suspended for non-payment. You may re-activate your account at anytime within 60 days without penalty.

You are responsible and liable for any fees, including attorney and collection fees, that Express 56 may incur in its efforts to collect any remaining outstanding balances by you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Express 56's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

Network Access

Express 56 has an extensive network of access phone numbers throughout the country, but it is still possible that the nearest Express 56 access number might be a long distance or toll call from your location. Any telephone charges incurred connecting to Express 56 are your responsibility. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether an Express 56 access number is a long distance or toll call from your location. Not all methods of accessing the Express 56 network are available in all areas, and Express 56 makes no warranty that any method of access will be or remain available in any or all areas.

Price Schedule:

* Unlimited Dial-up Access Account - US$9.95 per month. Includes 4 mail boxes, 5Mb of webspace and unlimited free hours per month.

* All above accounts come with technical and billing support plus other options as available.

* Use Restrictions - Idle Time-out: 20 minutes. / Session Limit: 8 hours. Unlimited (no hours limit) service does not mean "dedicated" use. User must be at the computer at all times while connected. Express 56 will auto disconnect for idle times.

* Penalty for UCE or Spam per occurrence and/or complaint: $500.00

All services subject to area availability. Some pricing and features subject to change without notice.

Content on Express 56

Keep in mind that Express 56 is not responsible for content available over the Internet.

Express 56 takes a very dim view of its members offering content that is objectionable or violates Express 56's TOS. We will warn members if such content is in Express 56's sole opinion, not in keeping with our TOS. In some serious cases, Express 56 will immediately suspend or terminate an account without warning. You agree to indemnify and hold Express 56 harmless for any suspended or terminated account and/or deleted content, which Express 56 deems, in its sole opinion, a violation of its TOS. When using any Express 56(TM) branded service, even over the Internet, your conduct is held to the Express 56 TOS and any complaints we receive from other Express 56 members or even other networks can be grounds for immediate termination of your account with Express 56.

Online Behavior

Online behavior or "netiquette" as it is called in cyberspace, is just another aspect of content. Express 56 may also terminate your account if your online behavior is objectionable to others on the Express 56 service or other Internet sites. Express 56 uses a set of guidelines to determine whether or not an account should be terminated and these are listed below. There are some "gray areas" with regard to these guidelines and Express 56 reserves the right to determine whether or not to terminate an account on a case-by-case basis. In general, your account may be terminated if you:

* Post, transmit, promote, or distribute content that is illegal.

* Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted e-mail or online notes don't attack their race, heritage, etc. If you disagree with someone, respond to the subject, not the person.

* Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a reasonable person's view, objectionable. Community standards may vary, but there is no place on the service where hate speech is tolerated.

* Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, etc. This is online vandalism, and it ruins the experience for others.

* Pretend to be anyone whom you are not. You may not impersonate another member (including celebrities) or impersonate or present yourself as an Express 56 employee.

* Attempt to get a password, other account information, or other private information from a member. Because a member's account is that person's online existence and persona, it is sacrosanct. Remember: Express 56 employees will NEVER ask for your password. Don't give your password or billing information out to anyone.

Copyrights

A lot of content in cyberspace is very easy to copy and distribute. This does not make it legal. Any content that you upload or download while using the service must be authorized. You must have the legal right to upload or download the content. You may not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on Express 56 or the Internet using Express 56, unless you have the legal right to do so. Making unauthorized copies of any content can lead to the termination of your Express 56 account and may even subject you to further legal action beyond the simple termination of your account. Other content owners may take criminal or civil action against you. In that event, you agree to hold harmless Express 56 and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Many areas of Express 56 and the Internet are "public," like message boards, forums, or various directories, and as such, other members and the public will have access to your posted material and might copy, modify or distribute it. By submitting or posting content in these areas, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on Express 56 or the Internet, you expressly grant Express 56 the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere unless such content is expressly acknowledged beforehand as proprietary and copyrighted material.

E-mail / SPAM / Unsolicited Bulk E-mail

Your Express 56 membership includes four (4) e-mail accounts that you can use to send and receive e-mail over the Internet through the username@express56.com domain.

Express 56 has a zero-tolerance policy against unsolicited bulk e-mail or SPAM. Spam is when you send scores, hundreds or even hundreds of thousands of e-mails all at once to other e-mail boxes for commercial or other solicitation purposes. Express 56 does not allow spam to be transmitted over our network. Spamming account will be terminated immediately and unconditionally. Express 56 may commence legal action against spamming user.

* Unsolicited bulk e-mail is strictly prohibited.

* Spam / UCE Penalties:

 Express 56 reserves the right and you agree that Express 56 has the right to charge your account and credit card up to the maximum legal penalty under New York State law, per occurrence and/or complaint, if, in Express 56's sole opinion, Express 56 determines that your account was used to send UCE / spam to non-opt-in recipients.
 
 * Chain letters and pyramid schemes are not allowed. Many such things are illegal. Even the ones that aren't illegal are annoying to most people and tie up online resources, so we don't allow them. Chain e-mail which claims your will receive some benefit or gift or experience some misfortune if you do/don't forward it to X-number of friends is fraudulent and strictly prohibited. These are usually the result of adolescents with too much time on their hands and not enough adult supervision.
 
 * You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. This includes the sending of bulk e-mail. You must have permission from Express 56 and/or the person to whom you are sending the ad.
 
 * You may NOT use Express 56's or any other online member directory or any other online means to harvest or collect information, including usernames and e-mail addresses, about Express 56 members or other Internet users. The use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. This includes collection of names on a member web page or in chat rooms. You must also adhere to Express 56's Privacy Policies.
 
 Spam is very annoying to receive. If you receive any junk e-mail, report it to Express 56 at once. Simply hit the forward button on your e-mail program, in the Send To box type in abuse@Express56.com and hit "send" button. We'll take it from there. Express 56 also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the Express 56 network.
 
 
Software

All software provided to you by Express 56 (if any) is provided under license by the copyright owner's own license agreement which you agree to read and adhere to. Such license agreements shall be entirely subordinate to Express 56's TOS.

Privacy Policy

We are committed to protecting your personal privacy. We understand that for you to take full advantage of the benefits of this interactive medium, we must do everything we can to ensure that your privacy is secure.

* We do not read your private online communications.

* We do not give out your telephone number, credit card information or usernames, unless you authorize us to do so. And we give you the opportunity to correct your personal contact and billing information at any time.

* We may use information about the kinds of products you buy through Express 56 to make other marketing offers to you, unless you tell us not to. We do not give out this purchase data to others.

* We give you choices about how Express 56 uses your personal information.

* We take extra steps to protect the safety and privacy of children.

* We use secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information.

* We will keep you informed, clearly and prominently, about what we do with your personal information, and we will advise you if we change our policy.

* Express 56 cooperates fully with all Federal, State and Local law enforcement authorities possessing valid court orders with regard to investigations involving members on the Express 56 network.

Express 56 may on occasion use "Cookies" to make your web experience easier and more pleasurable. Cookies are tiny data files placed on your computer by our web site or other sites. Cookies are used by your web browser to automatically fill in forms, store small amounts of surfing information to take you directly to areas of the Express 56 service or other Internet areas more quickly. You can control or even disable the use of Cookies within your web browser at any time.

Express 56 reserves the right and you agree to grant Express 56 the right to maintain and store data of your account with your personal or business information for the purposes of Express 56's internal accounting, reference use, marketing, consumer research, billing and archiving.

WARRANTY

MEMBER EXPRESSLY AGREES THAT THE USE OF Express 56 SERVICES AND THE INTERNET IS AT MEMBER'S SOLE RISK. Express 56 PRODUCTS AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Express 56 PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT Express 56 WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. Express 56'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE PROVIDED BY Express 56 SHALL BE THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL Express 56 BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Express 56, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH Express 56. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Express 56'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Express 56 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH Express 56 AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
 
Indemnification

Upon a request by Express 56, you agree to defend, indemnify and hold harmless Express 56 and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of Express 56 or the Internet, or in connection with your transmission of any Content on Express 56. Express 56 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for Express 56 in that matter.
 
Termination and Cancellation

Either you or Express 56 may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Express 56. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Express 56's enforcement or application of this Agreement; (2) any policy or practice of Express 56 or Express 56's enforcement or application of its TOS; (3) the content available through Express 56 or the Internet or any change in content provided through Express 56; (4) your ability to access and/or use Express 56; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
 
You can cancel your membership by delivering notice to Express 56's Customer Service Department at support@express56.com or via US Mail to: Express56.com, POB 570691, Whitestone, NY 11357, or by e-mail at billing@express56.com. Cancellation will take effect within 72 hours of receipt of your request. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee contact Express 56 to have the charges reversed.

Express 56 will not pro-rate your charges. Express 56 reserves the right to collect fees, surcharges or costs incurred before you cancel your Express 56 membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

In the event that your account is terminated or canceled for any reason, NO REFUNDS, INCLUDING ANY MEMBERSHIP FEES, WILL BE GRANTED; again, this is important: NO REFUNDS, INCLUDING ANY MEMBERSHIP FEES, WILL BE GRANTED; no online time, rebates or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active Express 56 Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with Express 56 must be concluded before you may re-register with Express 56. If your account was terminated because of gross misconduct (like spamming or illegal activity) don't bother asking us to give you another account. We won't. If we discover you have obtained an account fraudulently under an assumed name, we may seek further prosecution under the law.
 
Legal Notices

The Member Agreement represents your entire agreement with Express 56. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Express 56 TOS, including Express 56's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Express 56 or relating in any way to your membership or your use of Express 56 resides in the courts of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving Express 56 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
 
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions 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 Express 56 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, available through Express 56. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on Express 56.
 
Information for California Residents

Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
 
Pricing Information. Current rates for using Express 56 may be obtained by contacting Express56 at support@express56.com.

Express 56 reserves the right to change fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in these TOS.
 
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Express 56