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Terms
and Conditions for Internet Access Services
Acceptable Use Policy (AUP)
Terms of Service
Updated on 12/10/04
This agreement represents the complete agreement and understanding
between Tele-NET Internet and user and supersedes
any other written or oral agreement. Upon notice
published on-line via Tele-NET Internet, Tele-NET
Internet may at any time change these terms and
conditions, and/or change the prices charged for
these services, and/or discontinue or change the
services offered. Notice of such changes will
be posted in the appropriate sections of the Tele-NET
main web site, for which the main page is located
at http://www.tele-net.net.
User’s use of Tele-NET Internet services constitutes
user’s acceptance of these terms and conditions.
Any notification
from Tele-NET to user shall be valid if sent to
the user’s Tele-NET email address.
Account and agreement term
This agreement shall remain in effect
until user terminates user’s account or Tele-NET
Internet cancels user’s account. Tele-NET Internet
may occasionally require new registration and
account information to continue this service.
In addition, user shall notify Tele-NET Internet
in writing or by e-mail of any changes in the
account information. Tele-NET Internet reserves
the right to change the terms and conditions of
this agreement by posting such changes to the
Terms and Conditions web page. It is the user’s
responsibility to review these terms and conditions
from time to time in order that the user may be
aware of any such changes. User’s use of Tele-NET
Internet after the effective date of this agreement
constitutes user’s acceptance of the terms and
conditions herein. If user does not agree to the
terms and conditions, user may cancel this agreement
at any time by giving Tele-NET Internet proper
written notice in accordance with the terms and
conditions stated herein.
Tele-NET Internet reserves
the right to terminate an account at any time
for any reason.
Tele-NET Internet
Services. ("Tele-NET Internet Services")
agrees to provide you ("User") with
those services ("Service") set forth
on the Application subject to User's compliance
with the terms and conditions below.
PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE
SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty
Disclaimer
THE WARRANTIES SET FORTH IN THIS
DOCUMENT ARE EXCLUSIVE AND NO OTHER WARRANTY IS
EXPRESSED OR IMPLIED.
Tele-NET Internet
Services exercises no control whatsoever over
the content of the information passing through
Tele-NET Internet Service’s system. Use of any
information obtained via Tele-NET Internet Services
is at User's risk. Neither Tele-NET Internet Services
nor any of its affiliates, its licensers, its
contractors or their respective employees warrant
that the Service will be uninterrupted or error
free; nor does Tele-NET Internet Services make
any warranty as to the results from use of the
Service.
Tele-NET Internet
makes no warranties of any kind, whether expressed
or implied, for its services and specifically
disclaims any implied warranties of merchantability
or fitness for any particular purpose. Tele-NET
Internet will not be responsible for any losses
or damages resulting from delays, nondeliveries,
misdeliveries, service interruption, or user’s
errors or omissions. Tele-NET Internet will not
under any circumstances be responsible for consequential
damages.
THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE
OR INFORMATION GIVEN BY Tele-NET Internet Services,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER Tele-NET Internet Services NOR ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS
FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS.
Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL Tele-NET Internet
Services, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM USER'S USE OF OR INABILITY TO USE THE SERVICE
OR TO ACCESS THE INTERNET OR ANY PART THEREOF,
OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES
OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR
UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
Tele-NET Internet Services IS FOUND LIABLE UNDER
ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT,
Tele-NET Internet Service’s LIABILITY SHALL BE
LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices
of Tele-NET Internet Services in operating the
Service, User's sole and exclusive remedy is to
discontinue using the Service.
Indemnification
Notwithstanding
anything to the contrary herein contained, User
agrees to indemnify and hold Tele-NET Internet
Services, its affiliates, its licensers, its contractors
or their respective employees harmless against
any and all liability, loss, claim, judgment,
damage and expense including without limitation
attorney's fees and cost of litigation) incurred
or suffered by Tele-NET Internet Services, its
licensers, its affiliates, its contractors, or
their respective employees as the result of any
and all use of User's account whether authorized
or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms
of this Agreement by User, including but not limited
to claims, liabilities, losses, damage, judgment
and expense which arise out of alleged injury
or death of any person or damage to property of
every kind and description. User shall promptly
notify Tele-NET Internet Services in writing of
any claim of which it is obligated under this
indemnity. User shall have the right to assume
the defense of any such claim. User and Tele-NET
Internet Services shall confer as to and agree
on the legal counsel(s) to be selected in any
such defense.
Billing/Terms/User Requested Termination
User
agrees to notify Tele-NET Internet Services if
User moves or otherwise changes his or her mailing
address or phone number, and to list a truthful
name, postal address and telephone number on the
forms User supplies to Tele-NET Internet Services.
Tele-NET Internet will make available multiple payment methods
for User to utilize to pay for monthly subscription
and connection fees as set forth in Tele-NET Internet's
current rate schedule. This schedule may be modified
by Tele-NET Internet upon 10 days notice in writing
or by e-mail to user.
The Tele-NET Internet accounting cycle runs from
the first day through the last day of the calendar
month. User
must notify Tele-NET Internet at least 10 working
days before the start of the next accounting cycle
in writing if user wishes to change type of account
or method of payment.
There shall be no prorating of fees for
use of less than a full month’s service. Services either begun or cancelled during a monthly accounting cycle
will be billed to user for the full monthly amount.
Charges for service are billed during the month
of receiving services. There will be a $28.00
service charge for each returned check or declined
credit card charge. Delinquent accounts will be
placed on "accounting hold" (suspended) and may
not be used until the account is brought completely
up to date, including the past due balance, the current month's charges, any late/reconnect fees, and any returned check or declined
credit card service charges. Delinquent accounts
on accounting hold that are unpaid for one month
will be terminated and any files Tele-NET may be in possession of may, at the sole
discretion of Tele-NET Internet, be archived for
a period not to exceed 30 days. Terminated accounts
may be reinstated upon payment of any outstanding
charges and will be assessed an account reinstatement
setup charge. Tele-NET Internet accounts continue
to accrue charges while they are on accounting
hold. Any subscriber whose account is delinquent
may be subject
to a late fee of not less than $25.00 to cover
administrative costs related to the delinquency.
Should it be necessary to take the matter to court
for resolution, an additional $25.00 fee to cover
court preparation costs will be assessed.
Tele-NET Internet, as an incentive, may offer
discounted first-month service for Internet access.
In consideration of this discount, customer
agrees to remain on service for a minimum period
of three months.
Should customer cancel service prior to
the three month period, customer authorizes Tele-NET
to charge customer, and customer agrees to pay
Tele-NET the amount of $18.95 to compensate Tele-NET
for account setup and cancellation processing
costs. After the initial three-month period, service
is contracted for and provided on a month-to-month
basis, unless customer has elected to purchase
service for a full year at a discounted rate of
12 months for the price of 11.
If a customer has prepaid for a year’s
service, and cancels service prior to the full
year’s term, and such customer desires a refund
for unused services, said refund will be issued
only upon receipt of a written request for refund,
and will be subject to a processing fee of $18.95.
Any household or person is eligible to receive a new customer
discount only once in any 12-month period. After any aforementioned 12-month period, should customer discontinue
service and then desire to reinstate service with
Tele-NET, customer will not be eligible for the
$9.95 first-month discount rate. Instead, customer will receive a first-month
rate of $13.95 (only if customer has been off-service
for at least 3 months), with regular $18.95 per
month rates thereafter. Such reinstatement will constitute the beginning of another 12-month
period as referenced above, and will again be
subject to the original 3-month commitment referenced
in the previous paragraph.
Termination, and other change requests for Tele-NET
Internet accounts must be received in writing
via e-mail, fax, or postal service at Tele-NET
Internet's main office. Accounts will be terminated
at the end of the accounting cycle in which the
termination notice was received.
Tele-NET shall be under no obligation to
reduce or rescind fees charged for any period
during which User has not used the service, but
has not notified Tele-NET that a suspension or
cancellation of services was desired by the User.
User is responsible for all fees up to
the date of actual termination of the service. User agrees that If user accesses the Tele-NET Internet services
after the termination date specified, user shall
be billed for, and be responsible for, all additional
fees applicable to each month’s services which
the customer has accessed.
Should user allow use of customer’s account
by a third party, in violation of these terms
and conditions, the subscribed user, as well as
any and all third parties using the account privileges
of the subscribed account shall be jointly and
severally liable for the full amount of the access
fees and any other fees normally due to Tele-NET
Internet for such use.
Administrative Termination
In the event that Tele-NET Internet at any time
reasonably believes that the User is in breach
of any of the terms and conditions contained in
this agreement or is using Tele-NET Internet services
in an unacceptable manner, Tele-NET Internet may
immediately terminate this agreement without liability.
Tele-NET Internet may terminate this contract
with 30 days notice to User for any reason or
for no reason. User may terminate this contract
at any time by notifying Tele-NET Internet in
writing. At the time of notification, User shall
be responsible for the entire amount of the most
recent statement and any excess usage charges
at the time of termination.
Annual Account & Refunds
Tele-NET Internet provides its users with
the option of receiving discounts for entering
into a 12 month agreement with Tele-NET Internet
to receive Internet access as outlined in the
"Acceptable Use Policy" and by paying
for said service in advance.
If the user is unsatisfied with the Internet
service for any reason within the first seven
(7) days of service or renewal, the user may cancel
and receive a full refund minus setup fees. After
the first seven (7) days, user agrees that all
sales are final and no refunds will be made. If
the user cannot abide by this agreement the user
should cancel within seven (7) days and request
a refund minus setup fees.
Provision of services
Tele-NET Internet will provide services
on its host computing systems to individual users
in exchange for payment of fees and compliance
with the terms and conditions of this document.
Tele-NET Internet services are defined as the
use by user of computing, telecommunications,
software, and/or information services provided
by Tele-NET Internet. These services also include
the provision of access to computing, telecommunications,
software, and information services provided by
others via the world-wide computer network known
as the Internet. There are no facilities for secure
private communications or data storage provided
by Tele-NET Internet.
Age
Limit
Tele-NET Internet
exercises no control over the content of materials
accessed through Tele-NET Internet. Some materials
may be offensive or adult in nature. User represents
to Tele-NET Internet Services 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.
Sexually
Explicit Materials
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. Tele-NET Internet Services has
no control over and accepts no responsibility
whatsoever for such materials.
Port
25 Restrictions
User understands
that port 25 is restricted for all outgoing mail
servers. User must send mail through our mail
server when connected to the network.
Prohibited
Uses
User
may not:
send unsolicited email, (known as 'spam') to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam: Forged email To/From address other than from the actual sender or to the actual recipient. Message subject not related to the email body. Email not requested by the recipient. emails sent in bulk by sender. mail bombs;
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials that may be offensive;
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
provide network services from your account (for example, you may not use your account to operate an ftp, web, mail, game, or any other type of server), nor are you permitted to share, resell, or otherwise redistribute your connectivity, unless your individual account terms specifically provide for such activity;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");
or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. |
Monitoring
Tele-NET Internet Services has no obligation to monitor the
Service. However, User agrees that Tele-NET Internet
Services has the right to monitor the Service
electronically from time to time and to disclose
any information as may be necessary to satisfy
any law, regulation or other governmental request,
to operate the Service properly, or to protect
itself or its subscribers. Tele-NET Internet Services
will not intentionally monitor or disclose any
private E-mail message unless required by law.
Tele-NET Internet Services reserves the right
to refuse to post or to remove any information
or materials, in whole or in part, that, in its
sole and absolute discretion, are unacceptable,
undesirable, or in violation of this Agreement.
Tele-NET Internet Services reserves the right
to suspend access to the Service for User's account.
The account's suspension may be rescinded within
the sole and absolute discretion of Tele-NET Internet
Services following payment of a reconnection charge,
to be determined by Tele-NET Internet Services
in its sole and absolute discretion.
Abuse of Internet Services
User agrees to use the services provided
by Tele-NET Internet as permitted by applicable
local, state, and federal laws.
User agrees to refrain from mass posting of the
same message to many inappropriate Usenet newsgroups
(spamming). User agrees to refrain from mass,
unsolicited emailings. User agree to post advertisements
only where appropriate, for instance in biz, for.sale,
and other venues that specifically encourage or
allow advertising. User agrees to respect the
conventions of the newsgroups, lists and networks
to which user are posting, including rules more
restrictive than but not limited to the above.
User agrees to indemnify and hold Tele-NET Internet
harmless against losses resulting from user’s
use of the service which damages user or any third
party.
Any use of Tele-NET Internet
system resources that disrupts the normal use
of the system for other Tele-NET Internet users
is considered to be an abuse of system resources
and is grounds for administrative intervention.
Some examples of system abuse include spawning
dozens of processes, consuming excessive amounts
of memory or CPU for long periods of time, and
staying attached to modems while not really "active"
on the line. Unlimited, or unmeasured use, where
available, means unlimited ATTENDED use. In the
case of unmeasured, single user, non-dedicated
accounts, user specifically agrees to remain connected
only for the period of time that user is actually
using the system. Idle sessions will automatically
be terminated after 10 to 25 minutes of inactivity.
Inactivity shall be defined as a total
data transfer over the inactivity period which
is small enough to be considered insignificant
by the machine processes monitoring such transfers.
User agrees not to attempt to defeat this
mechanism by means of ping-bots, keep-alives or
any other means. Tele-NET Internet may limit any
session to a period of five to eight hours, after
which the session may be automatically terminated.
If user’s session is terminated by Tele-NET Internet
after either five or eight hours, user are permitted
to re-establish user’s session for additional
periods, after a one-minute reset period required
by the user authentication devices.
Single user, non-dedicated accounts are
permitted up to 10mb of disk storage on the Tele-NET
Internet web server, and 12mb of disk space for
receiving email. Except for transient, intra-day
storage, user agrees not to use more than user’s
quota of disk storage unless prior arrangements
are made with Tele-NET Internet.
Messaging User agrees to limit their use of the Tele-NET Internet Services
service, specifically regarding the use of Tele-NET
Internet Service’s electronic (email) services,
to the following restrictions: Unauthorized
Use of Relay Servers User agrees
that any unauthorized use of any email server
located throughout the Internet for the purposes
of relaying or distributing messages is prohibited.
Fraudulent
Addressing User agrees
that the purposeful distribution of any email
message where the return address, originator's
address, or any other identifiable aspect of the
message has been purposefully altered, is prohibited.
User may not purposefully misrepresent the origination
information of any email messages sent while using
the Tele-NET Internet Services service.
Fraudulent
Content
User agrees to be held responsible for the distribution of
fraudulent materials. VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF
THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN
THIS "MESSAGING" SECTION OF THIS DOCUMENT,
WILL RESULT IN THE IMMEDIATE PENALTY OF $200.
Tele-NET Internet Services RESERVES THE RIGHT
TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE
IN PAYMENT OF Tele-NET Internet Services SERVICES,
A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Tele-NET
Internet Services SERVICE VIA CASH, CHECK, OR
MEANS OTHER THAN CREDIT CARD, Tele-NET Internet
Services RESERVES THE RIGHT TO INVOICE AND HOLD
USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200
PER VIOLATION OF THESE TERMS. USER ALSO AGREES
TO THE IMMEDIATE TERMINATION OF Tele-NET Internet
Services FOR VIOLATION OF ANY OF THESE TERMS.
Limitation
of Web Hosting Services Although Tele-NET Internet Services advertises "Unlimited
Bandwidth" in regards in regards to some
of it's Hosting services, there are several limitations
applied. The sole purpose of these limitations
are intended to limit the amount of unnecessary
use of Tele-NET Internet Services by any such
User, which restricts system availability for
other such Users. These limitations apply only
to Hosting offered by Tele-NET Internet Services.
Restricted
Content You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include,
but are not limited to, pornography, obscenity,
nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and
any harassing or harmful materials or uses, as
determined by us. You agree to indemnify and hold
us harmless from any claim resulting from your
publications or use of Illegal, Abusive or Unethical
materials.
Bandwidth
Restrictions Although we advertise unlimited bandwidth, we reserve the right
to inform you that you must transfer your website
if an excessive amount of bandwidth is being used.
If the request is not met within 5 days, we do
reserve the right to remove the website from our
system.
Limitation
of Dial-Up Services Although Tele-NET Internet Services advertises "Unlimited
Access Hours" in regards to some of it's
Dial-Up services, there are several restrictions
and policies applied. The sole purpose of these
are intended to limit the amount of unnecessary
use of Tele-NET Internet Services by any such
User, which restricts overall Tele-NET Internet
Services system availability for other such Users.
These limitations apply only to Dial-Up access
services offered by Tele-NET Internet Services.
What does "Unlimited" really mean?
In
the context of Tele-NET Internet access, we define
the term unlimited as "un-metered,
interactive usage", where interactive is
defined as while you are at your computer,
guiding it's operation. This allows you to
use the service as much as you need to, but helps
us prevent excessive consumption by inconsiderate
users. Tele-NET Internet Access Service accounts have no
preset quotas for online time. Our intention with
no preset quotas is to make our services available
to customers without undue concern on their part
regarding usage charges. Sometimes a customer will choose to abuse our policy
and consume resources beyond reasonable expectations.
All dialup accounts use shared resources. In other
words, the line one customer accesses at 7:00
pm is used by someone else at 9:00 pm, and yet
another user at 11:00 pm. Customers who stay connected
all the time prevent this capability. When a customer
exhibits a pattern of such behavior we may choose
to impose exact quotas on that specific customer,
or we may exercise our right to terminate the
offending account. We contact the customer and
caution them that continued abuse will result
in the account being terminated.
Idle
Timeout User agrees to have their online session automatically terminated
after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of
data transferred between User's modem and the
Tele-NET Internet Services service.
Maximum
Single Session User agrees to have an online session automatically terminated
after five (5) hours of consecutive time, regardless
of data transferred during such specific online
session.
Minimum
Re-Connect Limit User understands
they cannot log back onto the Tele-NET Internet
Services system for a time period of one (1) minute
following the termination of their previous online
session, regardless of the reason for the previous
session's termination.
Multiple,
Concurrent Online Sessions User agrees to maintain no more than one (1) concurrent online
session for each PPP/ISDN account purchased. Accessing
the Internet via a Tele-NET dial-up account using
more than one dial-up account at any given time,
is prohibited, unless user has subscribed for
multiple line service. This includes accessing
an account via a nationwide-acess number while
also accessing via a locally-provided Yerington/Smith
Valley number.
Account
use by third parties A Tele-NET
access account is to be used only by the individual
person, business, or residence for which the account
is subscribed. Sharing
of a Tele-NET access account beyond the business
or residential premises for which the account
is subscribed shall be a violation of these terms
and conditions, and may result in the suspension
and/or cancellation of the account, and fees charged
correspondingly to the usage allowed by the subscriber. Toll Free
Calls
All
though Tele-NET Internet offers toll free calls
in user’s area of service, it is the responsibility
of the user to make sure that the number given
by any employee of, or vendor of Tele-NET Internet
is indeed a toll free call. Tele-NET Internet
will not be responsible for any charges added
to a users phone bill. The user agrees to this
and will hold Tele-NET Internet harmless in the
event of additional long distance charges.
Right
to Cancel
Tele-NET
Internet Services reserves the right to cancel
Service for any reason without prior notice. Pre-paid
service is non-refundable. Tele-NET Internet Services
will not refund any shipping or handling fees.
Cancellations after the first of the month will
be charged for that month. No Confidentiality
Information
transmitted through Tele-NET Internet Services
and through the Internet in general is not confidential.
Tele-NET Internet Services cannot and shall not
guarantee privacy or protection of any User. Tele-NET
Internet Services reserves the right to monitor
any User's transmissions when deemed necessary
for providing proper service and/or to protect
the rights and property of Tele-NET Internet Services.
Content
Tele-NET
Internet has the right but not the responsibility
to examine and/or remove any online materials,
including news, email, and user files.
Customer
Information
Unless required
by court order, subpoena or other legal request,
or upon the advice of counsel, Tele-NET Internet
will not disclose any customer information to
any third party who is not an integral part of
Tele-NET Internet.
Non-transferable
The right
to use the Service is not transferable. Accounts
are for User's use only. User shall be responsible
for the confidentiality of User's password. Loaning
User's account to others, connecting a system
used by multiple persons, group use of user log-ins,
and consuming more than one modem line are explicitly
prohibited. If User has multiple accounts, then
User shall be limited to one log-in session per
system account at any time. Violation of those
terms shall constitute theft of Service and may
be prosecuted under civil and criminal law.
Purchases
on the Service If User wishes
to make purchases on the Service, User may be
asked by the merchant or information or service
provider from whom User is making the purchase
to supply certain information, including credit
card or other payment mechanism information. User
agrees that all information User may provide any
merchant or information or service provider on
the Service for purposes of making purchases shall
be accurate, complete and current. The merchants
and information and service providers offering
merchandise, information and services on the Service
set their own prices and may change prices or
institute new prices at any time. User agrees
to pay all charges incurred by users of User's
account and credit card or other payment mechanism
at the prices in effect when such charges are
incurred. User shall also be responsible for paying
any applicable taxes relating to purchases on
the Service.
No
System Backup Tele-NET Internet Services does not and will not perform system
backups on any User's E-mail account(s). Tele-NET
Internet Services 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, Tele-NET Internet
Services will not provide historical data, to
any party for any reason, regarding any system
or Internet activity. Tele-NET Internet Services shall not be held responsible for
any lost web data, web files, or any website contents,
regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein,
Tele-NET Internet Services will not provide historical
data, to any party for any reason, regarding any
system or Internet activity. Failure
to Comply With Terms and Conditions Tele-NET Internet
Services may deny User access to all or part of
the Service without notice if User engages in
any conduct or activities that Tele-NET Internet
Services in its sole discretion believes violates
any of the terms and conditions in this Agreement.
If Tele-NET Internet Services denies User access
to the Service because of such a violation, User
shall not have the right (1) to access through
Tele-NET Internet Services 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 Tele-NET
Internet Services, and Tele-NET Internet Services
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. Jurisdiction
The validity, construction and performance
of this agreement shall be governed by the laws
of the State of Nevada. In the event of any disputes
arising out of or relating to this agreement,
such dispute shall be resolved in Yerington, Nevada. User specifically waives all rights to resolution
in any other venue, unless specifically agreed
to in writing by an authorized representative
of Tele-NET Internet. The prevailing party in any such dispute shall be entitled to reasonable
costs, including collections costs, and attorney
fees, and excluding travel, living, and/or per-diem
expenses. In
the event that any disputes arise either party
has the right to initiate arbitration by a state
licensed impartial arbitrator that is not associated
with either party and arbitrator is in Yerington,
Nevada. Severability
If any provision of this agreement is
held by a court of competent jurisdiction to be
unenforceable, the remaining provisions of this
agreement will remain in full force and effect. Effective date
This agreement shall be available on-line
via a link on the page accessed at the URL: http://www.tele-net.net, as well as within the sign-up agreement documents,
and as a file accessible on the Tele-NET software
distribution, both in disk form and on-line as
part of the Tele-NET sign-up process. This agreement shall become effective when
user’s access to Tele-NET Internet is enabled. Miscellaneous Security of Accounts
Tele-NET Internet Dial-up accounts are
intended for individual users and user therefore
agrees not to share the password or use of the
account with others, including but not limited
to other family members or business associates.
User agrees to maintain a secure password to the
account. Active Use of Service
User agrees to remain signed into the network
only when actually making use of same, and to
disconnect when idle for significant periods of
time (more than 10 minutes). User also agrees
to not remain connected to Tele-NET Internet Service’s
system for periods exceeding (8) eight hours,
in any single continuous session. User authorizes
Tele-NET Internet Services to enforce these restrictions
by appropriate software and network measures,
automated and manual.
User agrees
to notify Tele-NET Internet Services if User moves
or otherwise changes his or her mailing address
or phone number, and to list a truthful name,
postal address and telephone number on the forms
User supplies to Tele-NET Internet Services. Special
Use Accounts Hosted
Mail Services: Users who
send bulk email to “opt-in” lists must have a
method of confirming or verifying subscriptions
and be able to show evidence, when requested,
of subscriptions for users who complain about
unsolicited email. Tele-NET receipt of complaints
from Internet users related to emails received
due to Users use of “opt in” list shall be a violation of this
AUP unless User can provide proof of recipient's
"opt-in" status, and shall be grounds
for immediate suspension of User's account &
all associated privileges, pending review of the
complaint. Should the complaint prove to be valid, User's
account will be cancelled.
During any period of suspension, and until
or unless the account is cancelled, fees shall
continue to accrue.
In the event User's account is cancelled
for violation of this section, User shall be liable
for a penalty fee of not less than $1000, with
the actual fees, if greater, to be determined
by Tele-NET based upon the violation's effect
on Tele-NET's operations. Jurisdiction
/ Severability / Liability 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. Tele-NET
Internet Service’s 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. Tele-NET
Internet Services 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 Nevada
and/or the state of Illinois 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. Tele-NET
Internet Services 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 within or beyond the reasonable control
of Tele-NET Internet Services. 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 Tele-NET Internet Services as the defendant,
shall be proper only in a venue determined by
Tele-NET Internet Services. In any
action between Tele-NET Internet Services and
User to enforce any of the terms of this Agreement,
Tele-NET Internet Services shall be entitled to
recover expenses, including reasonable attorney's
fees. This Agreement constitutes the entire
agreement between User and Tele-NET Internet Services
with respect to the Service.
Privacy Policy All information you provide to us is for Tele-NET’s
internal use only, for billing and customer notification
purposes. We do not, and will not share, sell,
rent or otherwise disclose any of your information
with any other parties, unless directed to by
a legally enforceable court order |
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