PONDEROSA INTERNET TERMS AND CONDITIONS
Ponderosa Internet (Company) offers local internet access to
Customers in accordance with the following terms and conditions.
Promise to Pay
Service will be invoiced in advance on Customer's monthly Ponderosa Telephone
bill. Payment is due upon receipt of invoice. Company reserves the right without
further notice to suspend or terminate Customer's account and service if
Customer's account is unpaid for 15 days after date of invoice. Such suspension
or termination of service does not relieve Customer of the obligation to pay all
of Customer's account charges. A written request from the Customer, given to
Company, with 15 days notice is required to terminate service. In the event of
account delinquency, Customer agrees to pay Company reasonable expenses,
including attorney and collection agency fees incurred in enforcing its rights
under this Agreement.
Customer Use
Company's Internet access service may only be used for lawful purposes.
Transmission of any material in violation of any federal or state regulation is
prohibited. Security probing or security breaking tools are not allowed on any
Company owned systems. Use of robots or any automated software or device to
initiate an unattended connection to Company or to maintain an open, unattended
connection to Company is not allowed. (Dial up accounts only)
Confidentiality and Privacy Notice
While Company will make every effort to keep the personal information of its
Customers private, Customer should not consider any communications to be
protected or confidential. Company can not guarantee to keep material stored by
Customer completely private, and strongly suggests that Customer encrypt
Customer's mail and files.
No Control Over Content
Customer acknowledges that Company exercises no control whatsoever over the
content of information, products or services passing through Company equipment
or facilities. Acquisition or procurement of information, products, or services
through the facilities or services of the Company occurs solely at the risk of
Customer and Company expressly disclaims any responsibility for claims, losses,
liability or damages which any person or entity alleges arises from obtaining or
disseminating such information, products or services. Company is not liable for
any loss of data resulting from delays, nondeliveries, misdeliveries, or service
interruptions caused by Company or anyone else.
Limitation of Liability
In no event shall Company be liable to or through Customer or anyone else for (i)
any direct, indirect, special, incidental, exemplary, and /or extraordinary or
consequential damages of any nature whatsoever even if Company has been advised
of the possibility of such (including, but not limited to, lost profits, lost
savings, interruption of business, or by reason of mistakes, interruptions,
delays, errors, defects in service, or faulty or misdirected transmission)
suffered for any reason by Customer or anyone with respect to Customer's
account; (ii) any damages, loss, or liability suffered by Customer or anyone as
a result of any failure to live up to any of Customer's obligations under this
Agreement or applicable law or regulation, or with respect to the Customer's
account; (iii) any claim, action, or proceeding against the Customer or anyone
by any third-party for damages, loss or liability, any or all of which is based
upon, arises out of, or is derived from or otherwise related to the use and/or
access which is the subject of this Agreement. Customer's right to use Company's
services and systems is provided "as is" and "when
available" and without warranty of any kind or nature, warranties the
merchantability and of fitness for a particular purpose. This limitation of
warranties was a material factor in the establishment of the fees charged for
Company's services and system and shall survive the expiration or termination of
this Agreement. Customer acknowledges that Company's services and systems and
the Internet in general is at Customer's sole risk and no representation or
warranty has been made that Company's services and systems will be uninterrupted
or error free. The Company's maximum liability to Customer or anyone using
Customer's account for any and all damage, loss or liability of any kind
including without limitation Company's negligence, shall be limited to the
amount paid by the Customer to the Company for Internet monthly charges during
the six-month period preceding the claim.
Indemnity
Customer agrees to indemnify, defend, through attorneys reasonably
acceptable to the Company and hold Company, it agents and employees harmless
from and against any claim damages, loss, proceeding, liability, judgement,
settlement, costs or expense (including reasonable attorney's fees, fines, and
penalties) of every kind and character suffered by Company, its agents, and
employees by reason of any breach or alleged breach or failure of any of the
agreements, representations, duties, or obligations of Customer under this
Agreement. This indemnification obligation shall survive the expiration of
termination of this Agreement.
Termination
Company, without prejudice to any of its other rights or remedies, may
immediately and without further notice, terminate or suspend Customer's account
and service and this Agreement and may delete all data, files, or other
information stored with the Company, if, with respect to Customer's account,
Company's policies and the terms and conditions of service are not satisfied,
including, but not limited to account delinquency or abuse or unlawful use of
the service. Company may terminate this Agreement without cause, upon 30 days
written notice to Customer.
General
These Terms and Conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any variance
with terms and conditions of any order submitted. Customer represents and
warrants that Customer is over 18 years of age, that Customer has read this
Agreement and Customer accepts and agrees to the terms and conditions of service
as set forth above.
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