Internet Texoma, Inc.’s services are provided under the following terms which the subscriber accepts by joining this service.
1. Service is on a month-to-month basis unless the subscriber has prepaid for some period. The charge for individual dial-up service shall be the price posted on the Internet Texoma, Inc. (IT) home page, http://www.texoma.net/services/. The price posted on the first day of each term shall apply throughout that term even if a new, higher price is posted on the home page after that day.
2. All statements and bills shall be sent by e-mail unless a paper bill is requested. There shall be a $3 per month surcharge for paper billing. Bills are due and payable immediately on the customer due date. Accounts which are not paid within seven (7) days of due date shall be subject to immediate cancellation. There is a $20 fee to reestablish service.
3. Subscribers are encouraged to pay by electronic means, including VISA and MasterCard. Payment by check or money order is acceptable. Payment by cash is discouraged. Cash payments are subject to loss, data entry errors and disagreements. In case of a dispute, IT shall not recognize any cash payment unless it is posted to the customer’s account or the customer presents a receipt proving payment.
4. Payments shall be mailed to Internet Texoma, Inc. at PO Box 2543, Sherman, TX 75090-2543 or such other address as IT designates in notices e-mailed to its customers or posted on its home page.
5. The right to service is subject to IT’s acceptable use policies posted on its home page. Violation of any policy forfeits the right to continued service as well as forfeiture of the right to reimbursement for amounts paid for the balance of the term.
6. No deviation from these provisions by IT shall be deemed a waiver of its rights, hereunder. Any modification of these policies must be in writing and no oral modification shall be enforceable. Only the CEO of Internet Texoma, Inc. is authorized to vary or change any policy herein stated. However, you will be bound by any changes in these terms and conditions which occur after the commencement or subsequent renewal of your service. Should you disagree with any such change in the terms, you may cancel your subscription and receive a refund for any remaining period of the service you have paid for.
7. The customer represents and warrants that he has not and will not use this service in violation of any criminal or civil law, and will not violate any copyright or trademark and agrees to fully indemnify and hold IT, its officers, employees, shareholders, and agents harmless for any claims or judgments against Internet Texoma, Inc., its officers, employees, shareholders, or agents relating to the customer’s use of Internet services, including any attorneys fees or costs IT may incur in such connection, whether IT or the subscriber is actually found liable or not.
8. Jurisdiction and venue in any suit against IT, its officers, employees, shareholders, or agents shall be Grayson County, Texas and Texas law shall apply.
9. No oral representations or agreements are valid unless contained in this document.
10. Warranty. INTERNET TEXOMA, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY INTERNET TEXOMA, INC. OR ITS EMPLOYEES SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY INTERNET TEXOMA, INC. ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; INTERNET TEXOMA, INC. DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. INTERNET TEXOMA, INC. DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
a. waives all warranties expressed or implied;
b. waives all damages, under tort, contract or statutory law, for interruptions, failures, or deficiencies of service, personal injury, mental anguish, lost profits or any other form of personal or economic injury.
If 10(a) or (b) are declared void or unenforceable, then the parties contractually agree that except as otherwise provided, herein, the subscriber/consumer’s recoverable damages shall be limited to the amount of the charges for the affected station for the period of interruption or deficiency of service to that terminal. Damage for errors, deficiencies, omissions, or failures of web advertising services are limited to, and shall not exceed the lesser of a. the amount actually paid for the service complained of or, b. Internet Texoma’s then standard fee for one month of such service.
You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Internet Texoma, Inc., neither Internet Texoma, Inc. nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Internet Texoma, Inc. neither endorses nor is responsible for the accuracy of such material, and you agree that Internet Texoma, Inc. is not responsible for any loss or damage caused by your use of, or reliance on, such material.
11. Payment of charges are due within seven (7) days of the “due date” stated on Internet Texoma, Inc.’s invoice. Payments received after that date will incur a late payment charge of 1.5% per month of the total amount past due. If you fail to pay for your account for seven (7) days after the date of the invoice, Internet Texoma, Inc. may, without further notice, terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that Internet Texoma, Inc. terminates your account. You will be liable for any fees or costs Internet Texoma, Inc. incurs in collecting any past due amounts, including attorneys and collection bureau fees, and those fees and costs will be added to the amount you owe. You will be charged a processing fee of $25.00 for any checks returned by the issuing institution for any reason.
12. Termination by you: You may cancel your service at any time and for any reason without penalty. If you do so, you will be entitled to a refund of any pre-payment in excess of your current month. You must notify us if you want to terminate your service by the end of your current term or your service will automatically renew on a month-to-month basis at the then current rates for such service.
All such notices must be in WRITING (by first-class mail or by e-mail to email@example.com), and must be actually received by Internet Texoma prior to the beginning of your next billing period.
13. Termination by Internet Texoma: Internet Texoma, Inc. may terminate any part or all of your service at any time for any reason it deems appropriate without incurring any liability. If such termination is not for a violation of Internet Texoma’s Acceptable Use policy, you will be reimbursed for the balance of the service for which you have paid in excess of your current month, less any outstanding charges. If termination is for violation of these terms and conditions or of our Acceptable Use Policy, you will not be entitled to reimbursement.
14. No Duty to Enforce Acceptable Use Policy: Internet Texoma’s Acceptable Use Policy is entirely for its own purposes and subject to its own interpretation and does not create any duty upon Internet Texoma to investigate complaints or enforce such Policy nor to protect you or any other user of this system from any violation of such policy by other subscribers.
15. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Internet Texoma, Inc. has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
16. Termination of Dial-up Connection: Internet Texoma, Inc. may terminate a dial-up Subscriber’s connection upon either thirty (30) minutes of inactivity as determined by Internet Texoma, Inc. or after a session duration of five (5) hours if the account is not a dedicated use account. Unless explicitly authorized in writing, no Internet access account shall be used for more than one simultaneous login (in this regard, a local area network (LAN) connection is considered a single login connection).
17. NO RESPONSIBILITY FOR PHONE COMPANY CHARGES (ESPECIALLY LONG DISTANCE): Internet Texoma, Inc. has local phone numbers which you may use to access the Internet in IT’s service area without incurring toll or long distance charges. If you access the Internet with a phone number that is not in your local dialing scope, the phone company will charge toll (long distance).
INTERNET TEXOMA, INC. IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY TELEPHONE COMPANY CHARGES RELATED TO YOUR INTERNET SERVICE.
It is the subscriber’s responsibility to determine whether any toll charge is associated with the subscriber/user’s access by any particular phone number and to pay any charge which may result. You are specifically warned that the use of a “1” before an area code (e.g. 1-972-XXXX) WILL result in long distance charges on your phone bill. You must call your phone service provider if there is ANY question as to whether a particular access number is a local call for you.
Internet Texoma, Inc. is a member of the national Internet Service Providers organization, ISP/C, and has adopted the following modified version of ISP/C’s model Acceptable Use Policy, which applies to all persons using IT’s service or system: