We agree to provide you with those services set forth at the time of signup and you agree to abide by
the restrictions made below. In the event of any violation of the below terms and conditions of using
our service, we reserve the right to suspend or terminate your account immediately, without notice. If
you do not wish to be bound by the below terms and conditions of using our service, then you may not access
User is responsible for making sure the access number they dial is a local toll-free call. Under no
circumstance will BudgetSurf.com be responsible for long distance charges incurred to the enduser by using the
service. If you have any doubts if a number is local, please call your local operator by dialing 0.
User represents to us that he or she is 18 years of age or older. User understands that
certain materials available from Service provided under the terms of this Agreement may not be
suitable for individuals under the age of 18.
User understands that the Internet contains unedited materials some of which are sexually explicit or
may be offensive. User accesses such materials at his or her own risk. We have no control
over and accept no responsibility whatsoever for such materials.
Webmail (Trash folder) is kept on the server for only 7 days.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's
service is cancelled by us for a reason outside of this TOS, we will refund the user the unused portion of that
month's service at the time of cancellation.
We do not and will not perform system backups on any User's E-mail account(s).
We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data loss or system causes. Except as otherwise
set forth herein, we will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Information transmitted through us and through the Internet in general is not confidential.
We can not and shall not guarantee privacy or protection of any User. We reserve
the right to monitor any User's transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of our company.
BudgetSurf.com will not use or sell your email address or personal data to any 3rd party, with the exception
that if BudgetSurf.com sells the majority of its assets or business, it may provide this data to the purchaser
of the business so that they can continue providing service to the BudgetSurf.com endusers.
Upon signup, the enduser will be billed for the prorated portion of the month. In the event that the
enduser signs up for service after the 25th, they will be billed for the prorated portion for the days
remaining plus the next month service fees.
All recurring transactions take place on the 26th of the month. If the billing is declined, we
will attempt a rebill between the 28th to the 30th and may continue to do so every
few days for service. It is the End Users responsibility to make sure that BudgetSurf.com always has the most up
to date contact and billing information for their account. Under no circumstances will BudgetSurf.com be liable for
bank fees incurred by the User for BudgetSurf.com attempting to charge for service. If the billing continues
to be declined after 15 days the account may be subject to cancellation for non-payment.
Any billing disputes done through the bank will result in immediate cancellation of our BudgetSurf.com
account. Please redirect all billing disputes to our billing department.
BudgetSurf.com accepts checks & money orders but only for annual payments. Month to month is not available for
any methods besides credit cards or electronic check. Refunds for annual check or money order subscriptions
are available by the following calculation: Amount Paid minus number of months since service began * 19.95.
A 30 day holdback is placed on all check payments before issuing a refund to ensure that the check has time
to clear the bank. No exceptions are provided.
Refunds will be only given upon request in the first seven (7) days of service if the user states that
they were not happy with the service provided and provides a reason for cancellation. Refunds are only
available for credit card transactions. Online check transactions are not eligable for the seven (7) day
If a electronic check or a check payment is returned for any reason a $5.00 returned check fee will apply.
You can cancel your service one of three ways.
By mail to:
4720 200th St SW, Suite 103
Lynnwood WA 98036
By Phone to: 1877-793-5334
By fax to: 1866-627-8808
Please include your name, address, return phone number, dial-up username, and email address
as well as a request to cancel service and the date you want the cancellation to occur.
Accounts are billed on the 26th day of each month. Cancellations are processed at the end of each billing cycle. (ie. if
you cancel on January 26th, your cancellation date would be the end of February). We do not offer
prorated refunds for service beyond the initial 7 day guarantee.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any
conduct or activities that we in our sole discretion believes violates any of the terms and
conditions in this Agreement. If we deny User access to the Service because of such a
violation, User shall not have the right (1) to access through us any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3)
to access third party services, merchandise or information on the Internet through us, and
we shall have no responsibility to notify any third-party providers of services, merchandise
or information nor any responsibility for any consequences resulting from lack of notification.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course of conduct between
parties nor trade practice shall act to modify any provision of this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on
our website, and User's continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine whether this Agreement has been
modified. If User does not agree to any modification of this Agreement, User must immediately stop
using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington without regard to its conflicts of law provisions. Any cause of action User may have with
respect to the Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil
or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof, naming us as the defendant, shall be
proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement,
We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.