Effective Date: March 8, 2011
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.
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.
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.
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.
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.