1. Introduction
All New Internet Access Accounts require
A 3 Month Term of Service (Contract). In the event
your account is suspended or closed in violation of
this policy your 3 month fee will not be refunded.
I understand and agree that, subject
to the terms and conditions of this Agreement, and
the policies referenced herein, Vermont Web Works shall provide
me (the Subscriber) with certain Internet access and/or
web site hosting services (the Network). By accessing
the Internet through the Vermont Web Works Network, I understand
that I, and/or any person using my login identification
(Authorized Users) explicitly and implicitly accept
the terms and conditions contained in this Internet
Access Agreement (the Agreement) and I agree to be
bound thereby. I UNDERSTAND THAT Vermont Web Works RESERVES THE
RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY
REASON.
2) Provision of Services/Access
I understand and agree that I am fully responsible
for the use of the Network by me or by anyone whom
I permit to use my account, and that Vermont Web Works reserves
the right to terminate my account at any time, for
any reason. Vermont Web Works will provide me and my authorized
users analog or digital access to the Internet, depending
upon the rate plan selected, subject to conditions
generally beyond the control of Vermont Web Works, including, but
not limited to, the type and condition of the equipment
(personal computer, modem, etc.) I have. I understand
that simultaneous, multiple logins under the same
login identification are not allowed. I understand
that the Network may be temporarily unavailable or
limited because of capacity limitations and may be
temporarily interrupted or curtailed due to equipment
modifications, upgrades, relocations, repairs, and
similar activities necessary for the proper operation
of Network, as well as conditions of the Internet
beyond Vermont Web Works’s control.
3) My Obligations
a) I understand that I am responsible for determining
whether a Vermont Web Works phone number is within my local calling
area, and for any long distance charges I may incur
in connecting to Vermont Web Works.
b) I understand that I may cancel my account at any
time, but that I am responsible for the entire monthly
charge in the month in which I cancel, in addition
to any additional usage charges accrued though the
day I cancel.
c) I understand that Vermont Web Works may change its prices from
time to time, and that I will be provided with at
least 15 days written or electronic mail notice of
any such changes.
d) I understand that I can not use or permit other
users to use the Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of Vermont Web Works’s Network or other
networks; or
iv) infringe upon the copyrights, trademarks or other
intellectual property rights of others; or
v) otherwise violate the policies referenced in this
Agreement.
f) I understand that I must comply with U.S. export
laws concerning the transmission of technical data
and other regulated materials via the Network (i.e.,
data encryption software).
4) Security
I understand that the information available through
Vermont Web Works’s Network or other interconnecting networks may
not be accurate, including the content displayed on
my PC’s desktop. I understand that some of the information
available through Vermont Web Works Access’s Network or other interconnecting
networks may be intended for adult audiences. I understand
that internet communications are not secure, and may
be subject to interception or loss. I understand that
Vermont Web Works makes no warranties of any kind, whether expressed,
implied, or statutory concerning either the security
of data and/or information or its accuracy available
through the Vermont Web Works Network, or other interconnecting
networks.
5) Term and Termination
I agree that this Agreement becomes effective upon
registration of my login identification name and shall
remain in effect for the period indicated in the rate
plan selected or until terminated as provided in this
Agreement. I further acknowledge that this Agreement
shall continue in effect for consecutive additional
terms following the Initial Term until either Party
gives the other party online notice or other notice
of termination at least thirty (30) calendar days
prior to the expiration of the then-current term.
I understand that Vermont Web Works reserves the right to terminate
my account at any time, for any reason, including,
but not limited to, my failure to abide by the terms
of this agreement or my failure to pay any fees or
charges when due. If my account is deactivated, I
understand that I may be required to pay reactivation
charges and a prepaid deposit in order to reactivate
my account. If my account remains inactive for a period
exceeding thirty (30) days consecutively, I understand
my account may be deleted. If my deleted account includes
content stored on Vermont Web Works’s servers, anything stored therein
will also be deleted. I understand that violation
of certain generally accepted guidelines on Internet
usage, such as restrictions on mass e-mailings and
mass advertising, or posting to inappropriate newsgroups,
may cause severe operating difficulties for Vermont Web Works, and
would likely be a cause for termination of my account.
I agree to abide at all times by Vermont Web Works’s then-current
Usage Policies<
6) Pricing/Payments/Credits
If I have given my credit card number to Vermont Web Works, I understand
that charges will be automatically billed to my credit
card each month for the basic service fee and any
additional usage fees. I expressly authorize this
automatic billing by Vermont Web Works. I understand that Vermont Web Works’s
monthly billing cycle runs from the date of registration
to the same date the following month. I agree and
understand that I will be billed for the next month’s
basic service fee on the anniversary date each month,
and that invoice will reflect the next month’s basic
service along with additional usage fees, if any,
from the previous month. I agree that all charges
are considered valid unless disputed in writing within
thirty days of invoice date. I understand and agree
that Vermont Web Works shall not be responsible for any charges
or expenses that I may incur resulting from overdrawing
my bank account or exceeding my credit card limit
as a result of an automatic charge generated by Vermont Web Works
pursuant to this authority. I understand there shall
be no credits, reductions, or setoffs against the
charges for service for downtime or interruption of
Service. I understand there will be no prorating for
Service in either the first or last months of Service.
7) Disclaimer And Limitation
Of Liability
I understand that the use of my Vermont Web Works account, and any
data or information accessed using that account, will
be completely at my own risk. I understand that the
cumulative liability of Vermont Web Works for any and all claims
relating to the services provided by Vermont Web Works, in contract,
tort, or otherwise, shall not exceed that total amount
of the basic service fees paid to Vermont Web Works for services
within the preceding twelve months. I agree that Vermont Web Works
shall have no liability for any consequential, indirect,
special or incidental damages regardless of the success
or effectiveness of other remedies.
Vermont Web Works SHALL NOT BE LIABLE FOR INTERRUPTIONS
CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE
OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION,
NOR SHALL Vermont Web Works BE LIABLE FOR PERFORMANCE DEFICIENCIES
CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED
USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES Vermont Web Works FROM
LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE
NETWORK. Vermont Web Works’S PERFORMANCE UNDER THIS AGREEMENT SHALL
BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL
ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS
OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Vermont Web Works
SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES,
OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF
SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO
EVENT SHALL Vermont Web Works BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS
OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY
OF Vermont Web Works FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER,
INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION
OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE,
SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL
AMOUNT OF THE BASIC SERVICE FEES PAID TO Vermont Web Works FOR SERVICES
WITHIN THE PRECEDING TWELVE MONTHS. Vermont Web Works MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED,
CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES
OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY
OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED
BY LAW.
8) Law And Jurisdiction
I understand and agree the laws of the State of North
Carolina govern this Agreement and my Vermont Web Works account.
I expressly agree that exclusive jurisdiction for
any claim or dispute with Vermont Web Works or relating in any way
to my account or my use of Vermont Web Works resides in the courts
of North Carolina. I further agree and expressly consent
to the exercise of personal jurisdiction in the courts
of North Carolina in connection with any such dispute,
including any claim involving Vermont Web Works or its affiliates,
subsidiaries, employees, contractors, officers, or
directors.
9) Indemnity
I agree to defend, indemnify and hold Vermont Web Works and its
affiliates harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys’
fees, related to or arising from, any violation of
this agreement by me or those who access the Network
through my account, or the use of the Network or the
Internet whether or not I have knowledge of or have
authorized such access or use, including, without
limitation, claims for libel, slander, invasion of
privacy, infringement of copyright, patent infringement,
or other tortious behavior. I agree to indemnify Vermont Web Works
along with any parties from whom Vermont Web Works obtains network
services, and to hold them harmless from any claims
resulting from the use of the Network by me or any
authorized users that damage another party or that
violate the law.
10) Complete Agreement/Amendments
This agreement, when read in conjunction with the
then-current published Vermont Web Works Usage Policies (incorporated
herein by reference as if fully set out) represents
the complete agreement between Vermont Web Works, Inc. and myself
with respect to the subject matter of this Agreement,
and supersedes any other written or oral agreement.
I understand and agree that Vermont Web Works may amend or modify
this agreement and/or the Vermont Web Works Usage Policies, or impose
new conditions at any time. Any use of Vermont Web Works’s Network
subsequent to any changes or amendments shall be deemed
to constitute acceptance by me of the then-current
service agreement (including any amendments, modifications
or new conditions) as published and made available
via a link on the Vermont Web Works Access home page.
11) Vermont Web Works Disconnect Policy
Vermont Web Works reserves the right to disconnect a dial-up account
after 15 minutes of inactivity, as detected by Vermont Web Works
through electronic means. This time is approximate
and subject to change without notice in Vermont Web Works’s sole
discretion. Electronic or mechanical means to avoid
an inactivity disconnect are strictly prohibited.
Electronic or mechanical means include, but are not
limited to, "pinging" the mail server, employing
electronic or software AutoDial features to maintain
an active connection or repeatedly checking for e-mail
by autolog-in to the mail server. Vermont Web Works reserves the
right to electronically audit connections to enforce
the above requirements.
Vermont Web Works reserves the right
to disconnect a dial-up account after 4 hours of continuous
connect time. This time is approximate and subject
to change without notice in Vermont Web Works’s sole
discretion. Vermont Web Works reserves the right to
electronically audit connections to enforce the above
requirements.
12.
Acceptable Use Policy
13.
Email / Spam Policy
14.
Privacy Policy
