Please read the following carefully. If you have any questions, feel free to
contact us at email@example.com
consideration of the Internet access and or other services or subscription
(the "Services") being provided to you by the Company (as herein defined),
you agree to the terms and conditions of this Customer Use Agreement (the
"Agreement"). If at any time you choose not to agree to all or any of the
following terms and conditions, you must notify the Company immediately, in
writing, to cancel your account.
1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN
RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. THE COMPANY
SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE
LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT
LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS
INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG
DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY
PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW,
YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME
AND WHETHER KNOWN OR UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS,
SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL
LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR
USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT,
THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL
ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY
YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES
PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE
COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
2. You agree to protect and indemnify the
Company against any and all liability, loss or expense arising from any
breach by you of any agreement related to the services, claims of libel,
unfair competition, unfair trademarks, trade names or patents, violations of
rights of privacy and infringement of copyrights and property rights
resulting from your use of the access and other services provided by the
3. You agree that your username and password
and changes to both of these items are your responsibility.
4. The modems utilized by the Company to
provide the Services are engineered for speeds up to 56k flex connectivity.
However, the Company cannot guarantee a 56k connection if telephone company
facilities or your modem are unable to support this connection speed. Nor
can we or will we guarantee functionality of or compatibility with third
party software or hardware.
5. The Company shall not be responsible for
any long distance charges incurred while using its Internet Service. Each
customer is responsible for choosing a dial-up number that is designated as
a local call. If a local number is not available, or if the customer
chooses an incorrect number that is not designated as a local call, the
Company shall in no event be liable for any long distance charges billed to
6. You acknowledge that the registration of a
domain name confers no legal right (including any trademark right) to that
name, as set forth in InterNIC regulations or similar regulations. Any
domain name associated with a closed account for which no alternative name
service has been arranged will be unregistered.
7. The Company reserves the right to change
its rates and otherwise modify the terms and conditions of this Agreement at
any time by notifying you 30 days in advance of the effective date of such
changes. Notification of change shall be posted on the company’s website
and or sent to the e-mail address we have on file for you at that time. In
the event that you wish to terminate your account due to a price increase,
you, the customer, will have 10 days from the date of notification of the
effective increase to either mail or fax the Company a written request to
terminate services. Otherwise, the existing service will be billed at the
new rate. This Agreement hereby supersedes all previous representations,
understanding, or agreements, written or oral, by or between you and the
Company, and shall prevail notwithstanding any variance with terms and
conditions of any and all orders submitted.
8. The Company reserves the right to take
whatever actions we deem appropriate to enforce these policies. The Company
also reserves the right to change these policies without prior notice at any
time. The actions the Company takes may include account suspension or
termination. The Company does not issue any credits for accounts cancelled
due to policy violations. The Company reserves the right to refuse service
to anyone at anytime for any reason.
9. You understand that the services provided
by the Company may be interrupted for several reasons. These include, but
are not limited to, malfunctions, maintenance, and improvement or as
required to protect network resources in the event of malfunctions or
misuse. You understand that it may not be possible for you to receive
advance notification of any such interruption of service. The Company shall
not be liable for any delay in or failure to perform the services caused by
circumstances beyond its control such as those occasioned by other companies
or organizations, acts of God or other causes, or which it could not have
reasonably foreseen or any other cause, which similarly impedes the
providing of service.
10. You agree that this service is governed by
the Laws of the State/Province in which the Company resides. You agree that
the County in which the Company is located shall be the forum for any legal
action relating to the services provided.
11. Any Internet activity, which references
back to the Company or its services in a damaging manner, will result in
suspension or termination of account(s). Illegal Internet activity using or
referencing to the Company or an account or services provided by the Company
will result in immediate termination, possible prosecution, and assessment
of legal fees accrued.
12. Use of the Company's services and the
access of your Internet account by you as a company and/or an individual
constitutes acceptance of this Agreement in full. This Agreement is
effective when you sign up for or set up and/or first use the Company's
services, including but not limited to access to the Internet, e-mail and
/or support, and continues until service terminated by either party. If
this Agreement is terminated by either party, you are still responsible for
any charges on your account.
13. The company will not forward your e-mail
or website after you have canceled services. If you choose to terminate
your account with the Company, all services will cease. It is recommended
that you continue your account with the Company for as long as necessary for
forwarding purposes. As long as the Company forwards your email or website,
you will be responsible for all costs incurred.
14. The Company bills for most services in
advance. Purchasers of the Company's services agree to be bound by the
Uniform Consumer Credit Code of the State in which the Company resides. A
service charge of 1 1/2% per month will be charged on all past due amounts.
If your account is referred to collection, purchaser agrees to pay any
collection costs incurred including reasonable attorney's fees, filing fees
and court costs. You are responsible for all service fees regardless of
15. Billing invoices and or statements will be
sent via e-mail. It is your responsibility to pay for your subscription or
service, on time, regardless of receipt of an invoice or statement. If you
wish to have your billing statement sent to you via postal mail or fax, you
will be assessed a $5.00 fee for each bill sent.
are billed in advance. Payments may be made by cash, check, or by
automatically processing your credit card. The set-up fee if any, covers the
accounting and software charges, and is non-refundable.
17. All credit cards or debit cards will be
charged automatically for each billing period. By providing the company
your credit card or debit card information, you are authorizing the company
to charge any and all services rendered, to that card, until such
authorization is canceled in writing as per the account cancellation
policy. If you have any questions or disputes regarding any charges levied
by the company you agree to contact the billing department for resolution
prior to filing any disputes with the merchant card company or banking
institution. If you dispute a valid credit card charge levied by the
Company, your account with the Company will be disabled and you will be
charged a minimum $40.00 service fee for each dispute and all related
collection charges, and your account will be forwarded for further
18. Refund Policy. Setup,
software, programming, service fees and shipping are non-refundable.
Accounts which have been discounted for advance payment such as quarterly,
semiannual, annual and some promotional accounts may be refunded for unused
periods; however those accounts will be back billed at the pre-discounted
rate before a refund, if any, will be issued. All refunds may be issued in
the same manner as the initial payment, (i.e. check via check, credit card
via credit card, etc.) A refund processing administration fee of $10.00 will
be charged for all refunds processed. All refund requests are processed by
the accounting department. The company does not prorate services. Services
are billed in full increments regardless of usage. All refund requests must
be received 5 days prior to your next billing date to avoid further service
charges. Please allow four (4) to (6) six weeks processing for any refund.
Any disputes or concerns should be directed to firstname.lastname@example.org
Cancellation of Service. For your
protection as well as ours, all cancellations must be submitted in writing.
Moving your website or not accessing the services does not constitute
cancellation or termination of any subscription or service. The company
incurs costs by making the services available to you, regardless of usage.
You will continue to incur fees if you do
not properly cancel your account. You must cancel your account as
described. No cancellations by e-mail or phone will be accepted.
All cancellation requests must be received in our offices
at least 5 business days prior to
your next billing cycle to prevent further service charges. All requests
received beyond this date will be processed on your next billing cycle.
Please send your cancellation request by U.S. Mail or fax to the following
Spokane, WA. 99202
Fax number (888) 311-7769
The following items must be included in the cancellation letter:
Full name, address and registration number
Username and/or Email Address
A Description of the services to be
terminated. (Please be specific.)
- Signature of
We also ask that you include the
reason for cancellation so we may better serve our existing and future
20. As a subscriber to the Company's services
and using personal web space, you are not permitted to use that personal web
space for commercial business purposes. (EBay and similar auction
transactions are ok.)
21. With respect to dial-up accounts, the
Company's usernames are limited to one dial-in at a time. Multiple
concurrent dial-ins using the same username are not permitted. This
limitation does not apply to email or any other aspect of your account.
Abuse and violation of the rules may result in termination without refund.
22. If you have not purchased dedicated
services, you are not permitted to use your dial-up account to continually
connect to the Internet for web/ftp/mail or other services. Unlimited
accounts are not dedicated accounts and do not provide for fixed
connectivity of unlimited duration. The Company reserves the right to
disconnect users who are idle or have been connected for an exorbitant
amount of time (approximately in excess of 150 hours per month, the general
industry standard for determining abuse, or an excessive use per day
exceeding a normal work day). The Company has implemented an abuse
prevention program and has the discretion to apply network management
techniques, idle timers, maximum concurrent connect timers, and other
management tools to monitor and disconnect any user who abuses the policy
and remains connected for excessive periods through implementing improper
techniques or otherwise violating the Company's policies. These parameters
may be changed at any time at the Company's discretion. If you require a
dedicated connection, you should notify the Company, which may offer a
dedicated connection in your area.
23. The use of your account to send out any
bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is
strictly prohibited. Bulk e-mail (spamming) is defined as identical or
similar e-mail messages sent to 25 or more recipients where such e-mail has
not been specifically requested by the recipient. Any violation of this
policy may result in the immediate termination of your account, at the sole
discretion of the Company. If you violate this spamming policy, you will be
assessed the following fines and penalties, which you hereby agree to pay:
20(a). First offense:
20(b). Second offense: $500.00
20(c). Third offense: $500.00
and automatic termination of your account.
24. The posting of any advertisement or other
commercial solicitation to any newsgroup is prohibited. The Company
reserves the right to determine whether a post constitutes an advertisement
or commercial solicitation. The posting of a single article or
substantially similar articles to an excessive number of newsgroups or
mailing lists, or continued posting of articles that are off-topic is
strictly prohibited. A posting will be considered off-topic when it
provokes complaints from the regular readers of the newsgroup or is deemed
so by the Company. A violation of this policy will result in the immediate
termination of your account.
25. Impersonating another user or otherwise
falsifying one's user name in e-mail or any post to any newsgroup or mailing
list is strictly prohibited.
26. In addition to any other fees and
penalties that may be assessed by the Company, as provided herein, you shall
be held liable for any and all costs incurred by the Company as a result of
your violation of any terms and conditions of this Agreement. This
includes, but is not limited to, attorneys' fees and costs resulting from
Postmaster responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations. The Company's current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $100 per
hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or
Usenet message sent, plus US $1 per complaint received. These rates are
subject to change at any time without notification.
27. As used in this Customer Use Agreement,
the term the "Company" refers to Internet Expressway, IE-WAY, its parent
company and any affiliates.