Terms of Service

Endless Mountain CyberSPACE, Inc. ("COMPANY") agrees to furnish services to the customer ("SUBSCRIBER"), subject to the following TOS (Terms of Service).

Use of COMPANY Service constitutes acceptance and agreement to COMPANY's AUP as well as Company's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of COMPANY and AUP (Acceptable Use Policy) The AUP and TOS may be changed at any time at the discretion of the COMPANY without direct notification to the SUBSCRIBER. COMPANY will make the TOS and AUP available via the web site and will mail a printed copy to the SUBSCRIBER upon written request. SUBSCRIBER understands that changes to the AUP by the COMPANY shall not be grounds for early contract termination or nonpayment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania, County of Wyoming applicable to contracts enforceable in that state.

1. Disclosure to law enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, SUBSCRIBER agrees that the COMPANY may disclose any and all SUBSCRIBER account information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who provides a legal request without further consent of the SUBSCRIBER. Notification to SUBSCRIBER will be made to the extent possible by law.

2. Offensive Content: SUBSCRIBER's connection to the Internet is private and as a result COMPANY cannot control the nature of the material that SUBSCRIBER may encounter at some point. COMPANY expressly disclaims liability for any harm resulting from encountering such or similar material.

3. U.B.E. (as defined in our AUP) is strictly prohibited. Violation of this policy will result in review for possible suspension or immediate termination. To avoid trouble with Subscriber's account, DO NOT send U.C.E. from the account. This includes email, Usenet and access account types. If SUBSCRIBER even suspects that a piece of email that is about to be sent could be viewed as U.C.E. ask a COMPANY representative first. Such action will not absolve SUBSCRIBER of responsibility but may prevent problems for SUBSCRIBER by being advised not to send the email.

4. Service Rates: SUBSCRIBER acknowledges that the type of service furnished and the rates and charges have been communicated to SUBSCRIBER. SUBSCRIBER is aware that the COMPANY may change the specified rates and charges from time to time. SUBSCRIBER understands that they may cancel their account if the rate changes are found to be unfavorable.

5. Payment Due Date: Initial payments for services are due within 20 days of the effective activation date. Recurring payments are no later than due 20 days after the Invoice date on which the service is billed.

6. Payment and Fees: Checks returned for any reason are subject to a $25.00 returned item charge per occurrence. Service will be interrupted on accounts that are 30 days past due. Accounts not paid within 10 days after the due date are subject to a $5.00 late fee. Accounts that are not collectable by COMPANY may be turned over to an outside collection agency for collection.

7. Refunds and Disputes: All payments to COMPANY are nonrefundable. This includes any one time activation fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Early cancellation of a service which has been prepaid for any term will not receive a refund. ALL PAYMENTS TO COMPANY ARE NONREFUNDABLE.

8. Failure to Pay: The COMPANY may temporarily deny service or terminate this Agreement upon the failure of SUBSCRIBER to pay charges when due. Such termination or denial will not relieve SUBSCRIBER of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

9. Account Cancellation: All requests for canceling accounts must be made in writing and sent to

Endless Mountain CyberSPACE, Inc.
Attention: Billing Dept.
PO Box S
Tunkhannock, PA 18657
or via fax at 570-836-8287
or via email at support@EMCS.NET

SUBSCRIBER must have all account information to cancel. For further instructions SUBSCRIBER may call 570-836-4560 and ask for details on canceling an account. Cancellations will be processed on the date the cancellation is received and be effective at the end of the current period for which services have been paid. Any fees for services rendered prior to the date of cancellation will still be due and payable. No refunds will be issued for unused portions of a service which has been paid for due to cancellation.

10. Telephone Charges: COMPANY is not responsible for tolls acquired from long distance dialing or line usage. SUBSCRIBER is responsible for calling the local phone company to determine if the access number used to access Company's network is a local call.

11. Customer Support Definition: COMPANY, provides basic Internet technical support to subscribers during regular business hours Monday through Friday and on Saturdays. COMPANY limits technical support to Internet Connections and support relating to establishing a connection to the Internet.

12. Breach of Provision: A waiver by the COMPANY of any breach of any provision of this Agreement by SUBSCRIBER shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

13. SUBSCRIBER acknowledges that the services provided by COMPANY can be interrupted for many reasons other than the negligence of the COMPANY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, SUBSCRIBER agrees that the COMPANY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the COMPANY. SUBSCRIBER further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by SUBSCRIBER for services during the period damages occurred. In no event shall the COMPANY be liable for any special or consequential damages, loss or injury. The COMPANY, at it's sole discretion may decide whether or not credit is due for any loss of service. All credits issued for service interruptions and/or customer referrals will be issued as store credits and in no way be included in any refund for any reason.

14. SUBSCRIBER shall not transfer or assign this Agreement without the prior written consent of the COMPANY. COMPANY may assign Agreement at anytime without consent from or notice to SUBSCRIBER.

15. COMPANY reserves the right to cancel Subscriber's rights under this contract at anytime without further obligation.

16. Copyright Infringement - you agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

17. Software Export Controls - Subscribers who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software available on the ENDLESS MOUNTAIN CYBERSPACE, INC. Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. INDEMNIFICATION - You agree to defend, indemnify, and hold harmless Endless Mountain CyberSPACE, Inc. , its officers, directors, employees, representatives, successors, and assigns from and against all liabilities, damages, claims, causes of action, costs, attorney's fees, and all other costs and expenses, in connection with, arising from, or relating to, your breach of this agreement, any tortuous conduct performed by or alleged against you, and any other action or omission relating to your use of this site. Endless Mountain CyberSPACE, Inc. may, at its sole discretion, choose to participate in the defense or any matter or claim or negotiated settlement. No settlement which may have the potential to adversely affect Endless Mountain CyberSPACE, Inc. rights in any way shall be entered into without Endless Mountain CyberSPACE, Inc. prior written approval.

19. LIMITATION OF LIABILITY - Access to this website is provided on an "as is" basis. You agree that Endless Mountain CyberSPACE, Inc., its officers, directors, employees, representatives, successors, and/or assigns, shall not be liable for any damages or indemnity, regardless of the nature or cause of the damages or indemnity, that arise from or relate in any way to your use of, or Endless Mountain CyberSPACE, Inc. provision of the content, information, or other material either contained in this site, any Endless Mountain CyberSPACE, Inc. newsletters, or in any externally-linked third party site. Without limiting the foregoing, emcs.net(tm) shall not be liable for actual, direct, indirect, incidental, punitive, exemplary, special, and/or consequential damages, or for any other cause, loss, action, claim, or damage, including loss of time, or injury to person or property.

20. DISCLAIMER OF ALL OTHER WARRANTIES - All products, services, materials, information, and other content on this site, including, without limitation, text, graphics, images, video clips, audio clips, photographs, and external links, are provided on an "as is" basis. Endless Mountain CyberSPACE, Inc. makes no representations or warranties of any type, neither express nor implied, as to the operation of the site or the information, materials, content, products, or services contained herein. Endless Mountain CyberSPACE, Inc. expressly disclaims all warranties of all types, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Endless Mountain CyberSPACE, Inc. shall not be liable to the subscriber or any third party for any damages arising out of or related to the access or use of this site, including, but not limited to, actual, direct, indirect, incidental, punitive, exemplary, special, and consequential damages, or for any other cause, loss, action, claim, or damage, including loss of time, or injury to person or property.

21. VIRUS FILTERING - Endless Mountain CyberSPACE, Inc. offers subscribers email virus filtering as a free service. This is a service intended to help minimize the possibility of infection to subscriber's computer through email. Endless Mountain CyberSPACE, Inc. is not liable if a subscriber's computer does in fact become infected with a virus, whether it was transmitted through email or through other means.