|
Client Service Agreement
Internet Access Agreement Terms and Liability:
Pursuant to this agreement, terms and limitation of liability (“Agreement”), entered into between ChoiceNet
Connections (“ChoiceNet”) and the user (“User”) of ChoiceNet’s Internet access services, User agrees to abide by the terms and conditions of the Agreement in consideration for Services provided. User must be
at least 18 years old and must be legally able to enter into this Agreement before Services can be provided.
1) Agreement Terms
a) User agrees that ChoiceNet may revise the terms and conditions of this Agreement, billing rates, account surcharges or services at any time. Changes will be posted on ChoiceNet’s homepage (www.cncnet.com), or by email to User directly.
b)
User agrees to review this Agreement from time to time to be aware of any changes. User may terminate this Agreement at any time by providing ChoiceNet with a written notice by email to:
cncnet@cncnet.com
or by mail to:
ChoiceNet Connections, 27 Valley View Drive, Oroville, CA 95966. Termination of this Agreement will be effective immediately upon receipt of User notification by an employee of ChoiceNet or an authorized agent of ChoiceNet.
c) Use of the Services by the User on or after the date any changes to this Agreement have been posted obliges the User to abide by those changes in this Agreement.
d) ChoiceNet reserves the right to send email to User whenever necessary to inform on any changes in this Agreement, the Service, new services, upgrades, or other critical information
e)
User agrees to provide ChoiceNet with complete and accurate information when registering to use Services. If ChoiceNet finds any inaccuracy in registration information, User may be found by ChoiceNet, at its sole discretion, to be in violation of this Agreement, and Service may be restricted or terminated immediately.
2. ChoiceNet Connections Internet Access Service
a)
The Service will provide the User with untimed connectivity to the Internet using Internet Protocol (IP) technology. The Service includes free technical support for the User. No cancellation fees will be charged to the User of a dial-up account. Early termination of DSL service will be assessed penalties.
b)
User agrees that ChoiceNet can terminate or restrict User’s access to the Internet at any time if ChoiceNet, at its sole discretion, discovers that User is in violation of the terms of this Agreement. Termination or restriction of Service will be in effect immediately, without notice. ChoiceNet will have no liability to User for any restriction or termination of Service due to User’s violation of this Agreement.
3) Content on the Internet/Limitation of Liability
a) The Service provides the User with access to communication, information, software, pictures, videos, graphics, and sounds on the Internet or hosted on ChoiceNet’s
server computers.
b)
ChoiceNet exercises no control whatsoever over the content of the information passing through ChoiceNet system. ChoiceNet makes no warranties of any kind, whether expressed or implied, for the Service provided and will not be responsible for any damage suffered from the direct or indirect use of the Services.
c)
User is fully responsible for the privacy of, content of, and any liability for User’s own communications. This includes loss of data resulting from delays, non deliveries, mis-deliveries, or service interruptions caused by User’s negligence or errors or omissions, or those of others.
d) ChoiceNet denies any responsibility for accuracy or quality of information obtained through the Service.
e) Use of the Service for unsolicited advertising or spamming is prohibited and may result in account termination and/or additional fees being charges to the User at ChoiceNet’s sole discretion.
f)
User is hereby warned that some sites accessible via ChoiceNet allow posting, retrieval and/or electronic mailing of materials that may be considered obscene or objectionable. The Internet provides access to individuals who are not ChoiceNet Users. ChoiceNet does not have the capability to monitor, review, or restrict information or content made available by third parties. ChoiceNet is not responsible for inadvertent or deliberate access to such materials and cannot prevent use of such information.
g)
User agrees to use the Service only for lawful purposes. Any transmission of material in violation of international law, federal/national law or state law is prohibited. This includes copyrighted material, threatening material or trade secret protected material and material considered legally obscene.
h) User agrees to indemnify and hold harmless ChoiceNet from any claims resulting from User’s conduct and/or from use of the Service which damages User or any other party.
i)
Any access by User to other networks directly or indirectly connected to ChoiceNet’s network must comply with the rules appropriate for those services, including Acceptable Use Policies established for Usenet and the Internet as a whole. Failure to abide by these rules, or attempts to disrupt the Internet, may result in termination or interruption of the Service at ChoiceNet’s sole discretion.
5) Copyright
a)
The Service provides User with access to content that is copyrighted, trademark protected, or has other proprietary rights. User agrees that use of the Service shall be governed by applicable law and regulations placed on such rights.
b) User agrees not to copy, post or transmit such content without the owner’s or licenser’s expressed permission.
c) User agrees not to post or transmit on or through ChoiceNet Internet Services any information that infringes on a third party’s rights.
6 No Warranty
a) User agrees that use of the Service and the Internet is solely at User’s own risk and subject to applicable state, national and international laws and regulations.
b)
User agrees that ChoiceNet disclaims any liability resulting from, but not limited to, loss of data, software and hardware failure, access delays or access interruptions, data loss from viruses, negligent acts and/or omissions, misstatements in any form and all information, services obtained through use of the Service.
c) User agrees that ChoiceNet’s liability is only with respect to the Service, and any breach of this Agreement is solely limited to the amount User paid to use the Service.
7) Termination
a) User agrees that ChoiceNet has the right to terminate this Agreement at any time. User agrees that termination of this Agreement is the only remedy
available in respect o dissatisfaction with the Service, Agreement, policies or practice, content, billing fees, or billing methods.
b) User agrees that ChoiceNet has the right, but is not obligated, to delete programs, data or other files on ChoiceNet’s servers or computers at the time of termination.
c) User agrees that only the individual named on ChoiceNet’s account record can change User ID or Password and cancel the account.
8) Prohibited Activities
a) User agrees to not Abuse, Harass, or send out Threats.
b) User agrees to not infringe on a person’s or entities’ Copyright, Trademark, or Service Mark.
c) User agrees to not send Chain Letters, other Schemes, Unsolicited Advertising and Spams.
d) User agrees to not engage in Disruptive Activities or System Abuse.
e) User agrees to not send out any fraudulent information.
f) User agrees to not send or post Obscenities or Inappropriate Content.
g) User agrees to not violate Trade Secrets.
9) Payment Obligations
a)
Charges for the Service begin to accrue on the date that the User’s account application has been received by ChoiceNet (“Billing Commencement Day”). It is the User’s responsibility to contact ChoiceNet within 5 days of the Billing Commencement Day if the User cannot connect to ChoiceNet’s computer network and/or is having trouble using the Service.
b)
User’s monthly account charges are payable in advance. No cancellation fees will apply if User terminates the account and this Agreement. If the Service is terminated by ChoiceNet because of violations to this Agreement, or for other cause, User will not be entitled to a refund.
c)
User is responsible for all activities and charges associated with the User’s account including any long distance telephone charges incurred by the User. User is responsible for any unauthorized charges made through User’s account.
d) The Service will be terminated by ChoiceNet if User or someone to whom User has given access to User’s computer and/or account, violates this Agreement.
e)
If an outage occurs that impacts the Service for more than 24 hours due to failure of ChoiceNet’s equipment, ChoiceNet will consider credits, refunds or rebates on an individual basis. ChoiceNet is NOT obligated to give any credits, refunds or rebates.
f) Credit Card customers
i) User agrees to authorize ChoiceNet to charge the User’s credit card account number every month.
This authorization will remain valid until the User terminates the authorization in writing or this Agreement is terminated by the User or ChoiceNet.
ii) If a User’s credit card charge is declined, ChoiceNet may terminate the Service without notice.
g) Other Types of Payment
i) Service charges are due upon User’s receipt of an email invoice. Accounts are delinquent if payment is not received by ChoiceNet within 10 days after the
date of the invoice.
ii)
If payment is not received within 10 days of the invoice date, User’s Service will be interrupted without notice. If Service is interrupted, User will be charged a $5 reconnect fee along with monthly fee.
iii) Interruption does not relieve User from paying past service charges or ongoing charges.
Only a written request to terminate the Service relieves User of the obligation to pay ongoing charges. Termination of the Service does not relieve User of delinquent charges.
iv) User agrees to pay all reasonable expenses, including attorney and collection fees, incurred by ChoiceNet in enforcing its rights under these Terms and Conditions.
v) All charges for Service are not refundable for any reason including early termination.
vi) Returned check charge is $10.
h)
ChoiceNet reserves the right to change its account rates or services, or modify terms and conditions by notifying the User by email or other means 30 days in advance of the effective date of the change.
10) This Agreement supersedes all previous representations, understandings, or agreements made between the User and ChoiceNet or its representatives and shall prevail
notwithstanding any variance with terms and conditions of any order submitted.
11) Use of the Service constitutes acceptance by the User of these terms and conditions.
|
