TERMS OF SERVICE
This Agreement is by and between NETexas Internet, hereinafter called "Company", duly authorized and existing under the laws of the State of Texas with it's main address as PO Box 741; and the Customer for the provision by Company or its subcontractors of certain electronic communications services in exchange for the payment of fees and compliance with conditions stated herein.
Company will bill the Customer periodic subscription and/or connection fees as set forth in Company's current rate schedule. The term and payment method may be chosen by the Customer. Said rate schedule may be modified by Company upon 30 (thirty) days notice via electronic mail to Customer's account or by conventional mail or by postings on Company's pricing web page . Company will send bills to Customer via conventional mail or by electronic mail , at the option of Company. Payments received after the due date printed on the invoice may incur a late payment charge at the rate of $19.95 per month, may be terminated, and may become subject to collection charges.
Accounts paid monthly may be terminated by the Customer at any time upon 30 (thirty) days prior written notice. Multi-month accounts may be terminated at the expiration of their pre-paid term. The Customer is responsible to pay all fees billed up to the date of termination of the service and any and all collection fees incurred by Company thereafter. Termination does not remove the Customer's responsibility under this Agreement to pay all fees billed prior to the date of termination, late fees thereafter, and all collection agency and attorney fees incurred in enforcing Company's rights under this Contract, and Customer hereby agrees to this condition. After the first thirty days, all funds paid in advance for multi-month contracts are forfeited upon cancellation. If within the first thirty days a multi-month account is cancelled it will be charged the monthly rate and the balance refunded.
Company exercises no control whatsoever over the content of the information passing through its network. Company makes no warranties of any kind, whether expressed or implied, including any implied warrantee of merchantability or fitness of this service for a particular purpose. Company takes no responsibility for any damages suffered by the Customer, including, but not limited to, loss of data from delays, non-deliveries, misdeliveries, or service interruptions caused by Company's network or any part of the internet. Customers are responsible for the backing up and saving of their own web pages. Company takes no responsibility for any damages suffered by the Customer for lost web pages. Use of the internet for any purpose is at your own risk. Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state or federal regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. The Customer agrees to indemnify and hold harmless Company from any claims resulting from the Customer's use of this service which damages the Customer or any third party. The Customer is expressly prohibited from engaging in any activity that constitutes, in the sole opinion of Company, system abuse. Accounts which exceed 200 hours per rolling 30 day period are in violation of these terms of service. Customers needing more than 200 hours per rolling 30 day period need additional accounts or a dedicated connection. Personal accounts are for "personal use" only, account sharing with other individuals is prohibited.
* NOTE: ONLY THE TELEPHONE COMPANY OF THE CALLING FROM NUMBER CAN DETERMINE IF A CALL WILL BE FREE. WE ARE NOT RESPONSIBLE FOR ANY TOLL CHARGES OR MISUNDERSTANDINGS OF THE USE OF OUR ACCESS NUMBERS. *
Company or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at Company's discretion. Customer is allowed only one concurrent login on each account. Giving your login and password to another party is expressly prohibited as is account sharing. Customer's use of the service must be interactive (physically present at the computer and using the service for it's intended purpose). Should inappropriate use occur, the Customer will be informed via electronic or conventional mail of this action.
Company will occasionally require new registration and account information by the Customer to continue this service. In addition, the Customer shall notify Company in writing of any changes in the account information, such as address.
The validity, construction and performance of this Contract shall be governed by the laws of the State of Texas.
Company reserves the right to change these terms and conditions by notifying the Customer by electronic mail to Customer's account or by conventional mail or by postings on Company's Service Agreement web page at least 30 (thirty) days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If the Customer does not agree to the new terms and conditions, the Customer may terminate this Agreement in accordance with the provisions of Section 2, set forth above.
All notices given by Customer under this Agreement shall be in writing and delivered by US Mail or facsimile to Company at the following location:
NETexas Internet
PO Box 741
Bonham, TX. 75418
All notices given to Customer by Company under this Agreement shall be via postings to web pages at www.netexas.net, via electronic mail to Customer's account or via conventional mail to Customer's address on file.
Use of other networks may require approval of the respective network authorities and use will be subject to any acceptable usage policies such networks establish.
In the normal course of providing services under this Agreement, company personnel will not be present on the Customer's premises. If the customer requests Company personnel to assist them on-site with installation or maintenance of the service, then the Customer waives its rights against Company resulting from liability, loss, damage, claim or expense resulting from Company's on-site service, except in cases of gross negligence or willful misconduct. All on-site service, including travel time, will be charged at Company's currently prevailing consulting rates.
The failure of Company to insist upon or enforce strict performance by Customer of any provision 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 provisions of this Agreement.
The Customer shall not sell, transfer, or assign this agreement without the prior written consent of Company. Any act in derogation of assignment shall not relieve the Customer of its obligations under this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
This Contract supercedes all previous representations, understandings, or agreements of the parties with respect to the subject matter herein, whether written or oral. If Customer violates any part of this agreement, then Company may terminate the account immediately.
updated on June 1, 2004