Customer Policies, Terms and
Conditions for using Internet Service,
("The Internet Account Agreement")
Modification:
We
reserves the right to add, delete, or modify any provision of
this Policy.
Agreement:
By using our Internet Services all customers agree to abide by
the following policies.
Long Distance Charges:
All
DIAL-UP customers, please be certain that the access number your computer
is dialing is a local number. We are not responsible for any long
distance fees incurred. It is the customers responsibility to make
sure that the number the customer enters into their computer is a local
call.
BILLING policy:
You are
being billed monthly, your day of month for bills will be the same day
of the month you signed up (ie. June 1). Invoices must be paid by this
day for the following 30 days worth of service..
Your **CREDIT CARD** will be
invoiced the day of the month that you signed up. On this day we will
also attempt to charge your card for the next 30 days worth of service. We will
always charge your card on this same day, month after month, for your
Internet service. If your card is not approved we will attempt to email you
a
notice that your card was declined. Please be sure to contact us
promptly to resolve any problems.
A
$30.00 Credit Card Dispute (the Credit Card Company charge back) charge
plus the amount disputed will be applied to a customer's account when
that customer disputes a valid charge with their card company prior to
bringing the complaint to our attention, always notify us first
of any billing questions.
Tech Support:
The $4.95 account does not provide tech support. If tech support
is needed you can still call in for support. Tech support will be
charged $5 an incident.
PAYMENT:
Payments not received on time for any invoices will be subject to a late
charge of $5. If we have not received payment by the 10th day after the
due date, the account will be suspended. Accounts that wish to be
re-activated will be assessed a re-connect fee of $5.
Accounts which are not paid on time, shut
off, and re-activated more than once will require a payment of at least
the past amount owed, late fees, and the following months amount due to
have their service re-activated. A re-activation fee may also
apply.
We
wish to continue to offer low prices for its unlimited Internet access
and can only do so if ALL accounts are paid timely.
CANCELLATION:
Accounts with us remain active until the customer
cancels their account. Any charges on the account are the sole
responsibility of the account holder until the account is cancelled no
matter if the account was used or not. For example, accounts
at our company remain active just as your phone service or cable tv service
does and will continue to be billed until we are notified. Any credit balances on accounts
will not be refunded.
Usage Policies:
By
using our Internet services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy and
responsibility, giving due regard to the rights of other Internet users.
We expect you to have a basic knowledge of how the Internet functions,
the types of uses which are generally acceptable and the types of uses
which are to be avoided. Common sense is the best guide as to what is
considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted material, violation
of U.S. export restrictions, harassment, fraud and other illegal
activities.
While most of our plans are essentially an unlimited use product,
We reserve the right to restrict a customer's usage if it
adversely affects network performance.
We reserve the right to time-out a customer's connection after 60
minutes of inactivity. For example, if you were to get up from your
computer and get side tracked and leave your house, you would be
unnecessarily connected to our modems bank using up a phone line and not
allowing another paying customer to gain access to the net through that
modem connection.
The
use of your our connection must be “Interactive”. Interactive is
defined as the person must be physically present at the computer and the
customer must, at least every 60 minutes perform a direct action which
results in the transfer of data. The use of automatic programs to send
or request information does not qualify as interactive use. If you are
disconnected because of a time-out, simply log-on again. Connection
speeds and quality are not affected by disconnecting when service is not
needed. Maintaining a dialup connection by artificial means for the purpose of
keeping the connection open while unattended is strictly prohibited.
Dial Up Connections are NOT dedicated lines and our company
reserves the right to limit connection times and disconnect users at our
discretion.
Data transfers for our dial-up customers are limited to 1.5GB per month
or 50MB per day uploading and/or downloading.
Interpretation:
The
provisions of this Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates law, regulation, or
the accepted norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. We reserves the right at
all times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use:
All types of content is accepted on our network and may be
used only for lawful purposes. Transmission, distribution or storage of
any material in violation of any applicable law or regulation is
prohibited. We will be the sole arbiters as to what constitutes a
violation of this provision.
System and Network Security:
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples include, but are not
limited to the following: unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks. Forging of any TCP-IP packet
header or any part of the header information in an e-mail or a newsgroup
posting.
Resell:
Customers may not resell or give away service without prior written
permission from our company. Services provided by us are for
the exclusive use of the customer at a single business location or home.
Tortuous Conduct:
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
Spamming:
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site.
It is contrary to our company's policy for customers to use our servers to
effect or participate in any of the following activities: To post to any
Usenet or other newsgroup, forum, e-mail mailing list or other similar
group or list articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or list; To send
unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients; To engage in any of the foregoing
activities using the service of another provider, but channeling such
activities through a provided server, or using a provided server as a
mail drop for responses; To falsify user information provided to our
company or to other users of the service in connection with
use of a our service.
Consequences of Violation:
When our company becomes aware of an alleged violation of its Acceptable
Use Policy, we will initiate an investigation. During the
investigation we may restrict Customer 's access in order to
prevent further possible unauthorized activity. Depending on the
severity of the violation, we may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue other
civil remedies. If such violation is a criminal offense, our company will
notify the appropriate law enforcement department of such violation.
LIMITATION OF LIABILITY:
EXCEPT
FOR CERTAIN PRODUCTS OR SERVICES SPECIFICALLY IDENTIFIED AS BEING
OFFERED BY OUR COMPANY, OUR COMPANY DOES NOT CONTROL ANY MATERIALS,
INFORMATION , PRODUCTS, OR SERVICES ON THE INTERNET. CUSTOMER ASSUMES
FULL RESPONSIBILITY AND RISK FOR USE THE SAME, AND IS 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 INTERNET.
OUR COMPANY
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL
WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS
OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, AND THE LIKE. THE
LIABILITY OF OUR COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF
SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT,
IN NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO
CHARGES PAYABLE BY CUSTOMER FOR INTERNET SERVICE UNDER THE INTERNET
ACCOUNT AGREEMENT DURING A PERIOD OF ONE YEAR.
INDEMNIFICATION:
Customer agrees to indemnify our company, and any company from whom
we obtain network services, and to hold them harmless from any
claims resulting from the use of the internet service by Customer or
Users that damages another party or violates the law.
DISPUTE RESOLUTION:
In the event of a breach
of the Internet Account Agreement by Customer, all of the rights of
Customer, as set forth herein, shall be immediately terminated, and all
fees and charges paid to our company shall be forfeited as liquidated
damages. In the event that we are required to engage the services
of an attorney because of a breach of the Internet Account Agreement by
Customer or due to a dispute arising out of the internet services
provided under the Internet Account Agreement, Customer agrees to pay
all of our reasonable attorneys fees and court costs in
connection with the same. The Internet Account Agreement shall be
construed and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania, without regard to its choice of law rules.
Customer expressly consents to jurisdiction in the courts of Lebanon
County, Pennsylvania, and expressly waives the right to a jury trial
with regard to any dispute under the Internet Account Agreement.
ENTIRE
AGREEMENT:
The Internet Account
Agreement, constitute the entire understanding and agreement between the
parties as to the subject matter hereof, and supersedes any prior
written or oral negotiations, representations, guaranties, warranties,
promises, orders, statements or agreements between the parties or any
statement or representation made or furnished by any other person
representing or purporting to represent either party.
Our
company does not issue service credits for any outages incurred through
service disablement resulting from Policy violations.
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