Terms & Conditions
Message Express reserves the right to change any terms and conditions related to it's service by notifying it's customers by mail, email, web postings or other means. Message Express also reserves the right to refuse service to any customer for any reason at our sole discretion. Message Express has the authority to interpret the Acceptable Use Policy. Message Express may also make changes to and amend the Acceptable Use Policy at any time. Violators of this policy are subject to immediate account termination. At the discretion of Message Express, an opportunity may be granted for the user to take immediate action and comply with the policy.
NOTICE METHOD FOR CHANGES TO THIS AGREEMENT
Message Express (“We” or “Company”) will provide customer (“Customer” or “you”) notice of changes to this Agreement. Company may deliver any required or desired notice to you in any of the following ways, as determined in its sole discretion: (1) by posting it on http://mei.net/; (2) by sending notice, including bill inserts, via first class U.S. postal mail or overnight mail to your premises, service address or billing address; (3) by sending notice to the e-mail address on Company’s account records; or (4) by hand delivery. You agree that any one of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. Because the Company may from time to time notify you about important information and changes regarding the Services and this Agreement by these methods, you agree to regularly check your postal mail, e-mail and all postings at http://mei.net/ and you bear the risk of failing to do so.
If you find any such change unacceptable, you have the right to and must cancel your Services. However, if you continue to receive Services after the change, you will be deemed to have accepted such change.
COMPANY SERVICES AND ANY PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS (AND ALL OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND CONTRACTORS) (COLLECTIVELY “WE” OR “PROVIDING PARTIES”) WARRANT THAT THE COMPANY SUPPLIED SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT ANY COMMUNICATIONS OR DATA WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
LIMITATION OF PROVIDING PARTIES’ LIABILITY
a. Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Company and its underlying third-party service providers, agents and suppliers (and their respective officers, employees, agents, contractors or representatives) (collectively “We” or “Providing Parties”) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
b. Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, AND REMOVAL OF COMPANY EQUIPMENT AND THE SERVICES. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WE SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS, THE COMPANY SHALL PAY AT ITS SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $100. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ANY PROVIDING PARTY RELATING TO SUCH ACTIVITY AND CUSTOMER WAIVES ANY RIGHT OR CLAIM FOR ANY OTHER REMEDY.
c. Other Services or Equipment. BY ACCEPTING THIS AGREEMENT AND SERVICES, YOU WAIVE ALL CLAIMS AGAINST ANY AND ALL PROVIDING PARTIES FOR INTERFERENCE, DISRUPTION OR INCOMPATIBILITY BETWEEN THE COMPANY EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES.
d. Software. When you use certain features of the Services, such as online features (where available), you may require special software, applications, and/or access to the Internet. Company makes no representation or warranty that any software or application installed on Customer Equipment, downloaded from the Service, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Customer Equipment. We are not required to provide you with any assistance in removal of viruses. If We decide, in our sole discretion, to install or run virus check software on your Customer Equipment, We make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Customer Equipment. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
In addition, as part of the installation process for the software and other components of the Service, system files on your Customer Equipment may be modified. Company does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. Company does not represent, warrant or covenant that the installation of the special software or applications or access to its Web portal(s) will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
e. Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, including but not limited to inconvenience, loss, liability or damage, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. In all other cases of an interruption of the Services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by Company are at its sole discretion and in no event shall constitute or be construed as a course of conduct by Company.
f. Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that the Company may use third parties to provide components of the Services, including without limitation services, equipment, infrastructure or content. The Company is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure or content, whether or not they constitute components of the Services. Company shall not be bound by any undertaking, representation or warranty made by an agent or employee of Company or of our underlying third-party providers and suppliers in connection with the installation, maintenance or provision of the Services, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service(s), including without limitation that of content providers (whether or not accessible directly from the Service). Company is not responsible for any services, equipment, infrastructure and content that are not provided by the Company (even if they are components of the Service), and We shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the providers of such services, equipment, infrastructure and content. We do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Services.
g. Limitation of Damages. EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE SHALL NOT UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES OR COSTS:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE COMPANY EQUIPMENT OR THE SERVICES OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICES (INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION OR FAILURE OF PERFORMANCE OF THE SERVICE, THE COMPANY EQUIPMENT OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL OR OTHER INFORMATION OR DATA); OR
(2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE COMPANY EQUIPMENT OR THE SERVICES BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
h. Customer’s Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Company and its employees, affiliates, suppliers, agents and contractors is limited to the maximum extent permitted by law.
i. Survival of Limitations. All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
INDEMNIFICATION AND LIABILITY OF CUSTOMER
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY ANY OF US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE OR COMPANY EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (c) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
ADDITIONAL LIMITATIONS ON COMPANY’S LIABILITY
a. Responsibility for Content. You acknowledge that there is some content and material on the Internet which may be offensive to some individuals, may be unsuitable for children, may violate federal, state or local laws, rules or regulations or may violate your protected rights or those of others. We assume no responsibility for this content or material. Anyone who accesses such content and material does so at his or her own risk. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs are commercially available that claim to be able to restrict access to sexually explicit or other objectionable material on the Internet. We make no representation or warranty regarding the effectiveness of such programs.
b. Monitoring of Postings and Transmissions. Company shall have no obligation to monitor postings or transmissions. However, you acknowledge and agree that Company and its agents have the right to monitor, from time to time, any such postings and transmissions, including without limitation e-mail, newsgroups, chat, IP audio and video, and Web space content. Company may also use and disclose them in accordance with the Company Acceptable Use Policy and other applicable policies, and as otherwise required by law or government request. We reserve the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement.
c. Eavesdropping. Our facilities are used by numerous persons or entities including, without limitation, other subscribers. As a result, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/or monitor your internet use. This risk of eavesdropping exists not only with our facilities, but also on the Internet and other services to which access is provided. If you post, store, transmit or disseminate any sensitive or confidential information, you do so at your sole risk. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU. You acknowledge that software programs are commercially available that claim to be capable of encryption. We make no representation or warranty regarding the effectiveness of these programs.
d. FTP/HTTP Service Setup. You acknowledge that when using HSI there are certain applications such as FTP (File Transfer Protocol) or HTTP (Hyper Text Transfer Protocol) which may be used by other persons or entities to gain access to Customer’s Equipment. You are solely responsible for the security of the Customer Equipment or any other equipment you choose to use in connection with the Service, including without limitation any data stored on such equipment. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO THE CUSTOMER EQUIPMENT OR OTHER EQUIPMENT OF YOURS.
e. File and Print Sharing. The internet may function in some ways as a Local Area Network (“LAN”) with each Customer constituting a node on the network. As such, users outside of the Premises may be able to access the Customer Equipment and other equipment connected in some way to the Customer Equipment. In addition, some available software includes capabilities that will permit other users to gain access to the Customer Equipment and other equipment connected in some way to the Customer Equipment, and to the software, files and data stored on such equipment. Unless you are subject to a service plan that expressly provides otherwise, we recommend that you connect only a single computer to the internet and that you disable file and print sharing and other capabilities that allow outside users to gain access to the Customer Equipment. You acknowledge that if you fail to follow these recommendations and choose to run these applications, you should take appropriate security measures, and that you do so at your sole risk. NEITHER COMPANY NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO ACCESS BY OTHERS OF THE CUSTOMER EQUIPMENT OR ANY OTHER EQUIPMENT CONNECTED IN SOME WAY TO THE CUSTOMER EQUIPMENT, OR TO THE SOFTWARE, FILES AND DATA STORED ON SUCH EQUIPMENT.
f. Facilities Allocation. Company reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities allocated to support internet service, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with internet service.
g. Cookies. You acknowledge that accessing certain Web sites through the internet may result in a “cookie” being placed on your computer system. Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. If you don’t want them placed on your computer system, it is your responsibility to disable or restrict the placement of cookies through whatever procedures are available on your browser.
Traffic originating from the Message Express site, MSGEXP.NET must be consistent with the Message Express acceptable use policy. This includes usage for recreation, education, business, government, and other uses deemed appropriate by Message Express.
Any violation of local, state, U.S. or international law is unacceptable. This includes the distribution or exchange of pirated software or any other copyrighted material.
Additional unacceptable uses include but are not limited to:
- Distribution of unsolicited advertising.
- E-mail abuse including unsolicited transfer of messages that harass, threaten, or are otherwise offensive to other users.
- Accessing or attempting to access unauthorized computing, communications devices, information services, or resources.
- Abusing the dial-up account by simulating a dedicated connection and leaving the computer connected without being present at the computer.
- Distribution of computer worms or viruses.
- Providing services via a dial-up connection that are reserved for dedicated access accounts including Web Servers, Mail Servers, and any other service that Message Express requires a dedicated connection to provide.
- Any activity that interferes with another user's privacy or otherwise disrupts other network users, services, or equipment.
- The services of MEI.net may not be resold or redistributed in any way.
There shall be no transmission of material that is obscene, pornographic, harassing, threatening, or unlawful by any Message Express user.
Choosing to end your service prior to the paid through date will result in the following method of determining a refund:
Amount Paid- ( (Monthly Price * Number of Full Months Used) + (Number of Days Used In Partial Month * Monthly Price / 30) ) = Refund Amount
ex. If you paid $79.95 for 1 year, and cancel after 6.5 months and the current monthly price is $9.95:
Message Express Dial-Up internet service accounts purchased on sale are not refundable after 90 days from purchase date. Credit card refunds are processed within seven business days. If your last payment was made by check or bank draft, refunds are not processed until payment has cleared Barry County Telephones Bank Account. If we are sending a refund check, you should allow six to eight weeks for processing.
Equipment Refund Policy
NON REFUNDABLE AFTER 30 DAYS
MUST BE RETURNED WITH BOX
AND ALL CORDS TO RECEIVE BILL CREDIT
Previous version(s) of the terms and conditions from this page can be found here: