Last updated: May 1, 2001
Editor's Note: Changes made since the last revision are highlighted in boldface.

All provisions of this Datasync Service Agreement apply to all accounts of Datasync, a subsidiary of I-55 Internet Services, Inc. (hereafter referred to as "Datasync" in this document) and of any reseller of Datasync services.

The benefits of, or rights conferred, by this agreement are non-transferable. Use of Datasync accounts is expressly limited to the individual or persons duly authorized by the business whose name appears on the account. This person or persons is/are referred to as "User" in the remainder of this Agreement.

Datasync makes no warranties of any kind, whether expressed or implied, for the services it is providing. Datasync also disclaims any warranty of merchantability or fitness for a particular purpose. Datasync will not be responsible for damages or losses suffered due to service interruptions.

User shall use information obtained through the Internet at User's own risk and User indemnifies and holds harmless Datasync, Datasync customers, Datasync employees and Datasync business relationships from any claims resulting from the use of information obtained through the Internet.

User is responsible for all use of User's account(s) and User indemnifies and holds harmless Datasync, Datasync customers, Datasync employees and Datasync business relationships from any claims resulting from User's use of Datasync services for unlawful purposes or purposes which damages User or another party.

Datasync exercises no control over the content of information transferred over the Internet and User indemnifies and holds harmless Datasync, Datasync users, Datasync employees and Datasync business relationships from any content of information transferred over the Internet.

User is responsible for all use of User's account(s) and User holds harmless Datasync, Datasync users, Datasync employees and Datasync business relationships from any claims resulting from User's inability to use Datasync services.

Datasync reserves the right to change without notice Datasync services not explicitly covered under this agreement, including, but not limited to, access procedures, menu structures, commands, documentation, Datasync hardware, Datasync software and services offered.

Datasync is not responsible for the protection or privacy of any information held by User or transferred through the Internet by User.

User is responsible for the confidentiality of User's password. Datasync will cancel access and change access to User's account(s) immediately upon notification by User that User's password has been compromised.

Datasync bills accounts in calendar month cycles. Charges are due when billed by Datasync and will include the fee for the next cycle (month) and fee due for excess time used the previous cycle. Any invoice not paid within one month of the statement date shall result in a late payment charge of $2.00 or 2% of the past due amount, whichever is greater. Past due invoices not brought current within ten (10) days of the late charge addition will subject User's account to suspension.

Datasync will invoice all User accounts via U.S. Mail unless User requests invoicing via E-mail.

Datasync reserves the right to change prices with 30 days advance notice.

Datasync reserves the right to delete User's personal files upon termination of this agreement.

Datasync reserves the right to suspend or cancel User's access to the service upon any breach of this agreement by User, including, but not limited to, failure to pay for services, allowing the use of User's account by other persons, or performing acts harmful to Datasync, Datasync users, Datasync employees, Datasync business relationships or any other user of the Internet.

Datasync reserves the right to suspend or cancel User's access to service if user engages in Internet abuse of any kind, including, but not limited to, sending bulk e-mail, bulk posting to newsgroups beyond generally accepted norms, e-mail or newsgroup abuse from other Internet servers for the purpose of promoting a service hosted by Datasync, attempts to compromise the security of any computer at Datasync or elsewhere on the Internet, denial of service attacks, or violating the acceptable use policies of other Internet services used by User. In addition, abusive actions by User which result in corrective or cleanup action by Datasync staff will be charged to User's account at the rate of $50 per man-hour.

Datasync reserves the right to cancel access to service for User's account(s) upon an indication of credit problems including, but not limited to, delinquent payments, rejection of credit card authorization or charges, disputed credit card charges and returned checks.

Datasync reserves the right to cancel access to service for User's account(s) if User's consumption of Datasync's resources exceed the terms of this agreement or reasonable and customary use of the service. A charge of $2.00 per hour shall be made for simultaneous use of dialup ports above the number allowed by User's subscription. Other guidelines for acceptable use are posted on the Datasync web site.

Datasync reserves the right to modify this agreement upon notifying User. Notification is by posting on the Datasync web site and by notice on billing statements. Use of Datasync services after such notice shall constitute User's acceptance of the modification of this agreement.

Non-Enforcement of this agreement does not constitute consent and Datasync reserves the right to enforce this agreement at its sole discretion.

This agreement and the legal relationship between Datasync and User shall be governed and interpreted in accordance with the laws of the State of Mississippi.

Use of Datasync services constitutes acceptance of this agreement.

This agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other agreement between Datasync and User.