Terms and Conditions


STOUFFER COMMUNICATIONS INTERNET TERMS AND CONDITIONS

Read these Internet Terms and Conditions Carefully Before Using Our Internet Services.

1. INTRODUCTION.

Stouffer Communications provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies, when published.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

 

2. ACCOUNT REQUIREMENTS.

In order to receive the Service:

  • You must be at least 18 years old and provide a valid credit card.

  • The Service must be available in your location.

  • Your computer must have the following:

    • An operating system that supports TCP/IP

    • An installed, functional 10BaseT or better Ethernet interface

 

3. PAYMENT OBLIGATIONS OF A MEMBER. 

(a)

Members must (i) provide Stouffer Communications with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Stouffer Communications all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

(b)

Members having questions regarding charges to an account, should contact Stouffer Communications at (417) 206-9722. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

(c)

Charges are billed to Members’ credit cards or debit cards or through an automatic bank withdrawal, as applicable, each month for the basic service and any additional usage or services. Stouffer Communications is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Stouffer Communications.

(d)

If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(e)

Delinquent accounts may be suspended or canceled at Stouffer Communications’ sole discretion; however, charges will continue to accrue until the account is canceled. Stouffer Communications may bill an additional charge to reinstate a suspended account.

(f)

Payments that are rejected by Members’ bank or credit card company may be recovered by Stouffer Communications using the same method of original payment or any other legal means and Stouffer Communications may charge a fee of $25 plus any legal fees necessary to recover payment.

 

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.

Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Stouffer Communications account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Stouffer Communications immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Stouffer Communications’ discretion, be transferred to a compressed temporary file or storage. Stouffer Communications may delete the temporary file from the server 30 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (417) 206-9722.

Stouffer Communications may change its POP locations at any time. Stouffer Communications reserves the right to direct Members to use certain locations to access the Service or to restrict use of specific access locations. Usernames, passwords and email addresses are Stouffer Communications’ property and Stouffer Communications may alter or replace them at any time.

 

5. MONITORING THE SERVICES.

Stouffer Communications has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Stouffer Communications, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Stouffer Communications may immediately remove your material or information from Stouffer Communications’ servers, in whole or in part, which Stouffer Communications, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

 

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY FAST FREEDOM, FAST FREEDOM DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. STOUFFER COMMUNICATIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STOUFFER COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAST FREEDOM MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH STOUFFER COMMUNICATIONS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY STOUFFER COMMUNICATIONS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. STOUFFER COMMUNICATIONS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, STOUFFER COMMUNICATIONS’ CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

 

7. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain “Transaeris.com”, “transaeris.net”, “fastfreedom.net” or any other site operated by Stouffer Communications (the "Web site") is a complimentary information service offered by Stouffer Communications at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “transaeris.com”, “transaeris.net” or “fastfreedom.net” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Stouffer Communications of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Transaeris" or “Fast Freedom” or "Stouffer Communications", (b) the link must "point" to the URL "http://www.fastfreedom.net” and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Stouffer Communications , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Stouffer Communications may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Stouffer Communications.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Stouffer Communications. Stouffer Communications assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Stouffer Communications harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Stouffer Communications from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Stouffer Communications will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to Stouffer Communications to use on the Web site will be deemed to be a grant by you to Stouffer Communications of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material. 

 

8. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

 

9. TERMINATION.

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. You may terminate service by contacting Stouffer Communications at (417) 626-0638 or by mail at: Stouffer Communications, 705 Illinois Ave, Suite 1, Joplin, MO 64801. Email termination of your basic Internet access account will not be accepted. Termination will be effective on the last day of the month in which you give notice of termination. We will not pro-rate fees for the final month of service if the service is terminated early. Additionally, any notice of termination received fewer than 7 days prior to the last day of the month will effective on the last day of the following month.

Stouffer Communications is providing equipment to you for your use of the Service. Cancellation of the Service by you before the initial term of the agreement ends will result in a $250 charge if arrangements are not made within 7 days for Stouffer Communications to retrieve the equipment in proper, undamaged condition. Additionally, terminating Service prior to the expiration of your contract allows Stouffer Communications to recover any service or installation/equipment discounts that were extended as part of a promotion or incentive as well as a “break fee” of $100. You agree that these amounts will be paid through a charge to your credit card or as an ACH debit to your checking account based on your method of paying for service.

If your account included space on Stouffer Communications’ servers, anything stored on this space will be deleted upon termination.

Without prior notice, Stouffer Communications may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Stouffer Communications, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Stouffer Communications may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

 

10. JURISDICTION.

Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.

This Agreement is governed by Missouri law without regard to conflict of law provisions.

The federal and state courts located in Missouri alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Missouri with respect to such matters or otherwise between you and Stouffer Communications, and waive your rights to removal or consent to removal.

 

11. MISCELLANEOUS.

This Agreement, the Acceptable Use Policy, the Privacy Policy, the Internet Service Agreement, the Authorization Agreement for Direct Payments, if applicable, andStouffer Communications’ other user policies posted on Stouffer Communications’ Web site constitute the entire agreement between you and Stouffer Communications with respect to your use of the Services.

Stouffer Communications may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Stouffer Communications’ Web site http://www.fastfreedom.net and/or by email and/or in our various publications and mailings to Members.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.