Usage Policy
and Terms and Conditions
General Description
This Usage Policy / Terms and Conditions
document specifies our policy for both the Active Unlimited Dial-Up
accounts and all other service account types.
Active Unlimited
Usage Accounts
Internet America Active Unlimited Accounts are for those individuals who want to take the
"guess work" out of their Internet Service billing. By charging one flat rate,
there is no guesswork about your monthly payment. However, these accounts are for ACTIVE
"attended" use only and are not designed for those customers who need
access to the Internet 24 hours a day/ 7 days a week. Basically, these accounts are for
those customers who sit at their computer while the Internet America service is connected
and disconnect when they leave their computer; these accounts are not for UNATTENDED
usage. Please refer to the Usage Policy shown below.
Internet America Active Unlimited Usage Accounts (previously called "Personal
Unlimited Accounts") are single user accounts for use by one person and/or their
immediate family. These accounts may also be used by small companies who need to be able
to have one dial-in to the Internet. Account sharing is not permitted, either for
other family members or members of your organization. We reserve the right to collect any
back charges for accounts that are determined to be "shared". No more than one
login session can be active at any one time on a single user or single computer account.
It is up to the customer to coordinate usage on the account so that multiple connections
to the same account do not occur. Internet America reserves the right to charge a
per instance fee of $15 for multiple connections on the single user account.
Active Unlimited Access is defined as access
to the Internet 24 hours a day, 7 days per week, subject to availability. This does not
imply "continuous", "dedicated", or "unrestricted" access to
the Internet. With a dial-up Active Unlimited Usage account, the customer is required to
be working at the computer while connected to the Internet. This means that you cannot use
any tools or software to keep your connection alive while you are not actually using your
computer (such as having your mail program check your mail every few minutes). This is
strictly prohibited. Remember, that when you are a dial-in user, you are sharing a pool of
modems with other dial-in users. So that there is a connection when you need one, it is
your responsibility to terminate your dial-in session when you are not physically using it
to make it available for other users. Customer shall immediately notify Internet America
of any security breach in or unauthorized use of Customer's account.
Dedicated
Accounts:
Dedicated accounts are provided to those customers who require 24 hour / 7 day a week
connections to the Internet. (Active Usage Unlimited Accounts are not dedicated
accounts.) Dedicated accounts are restricted to single connections unless customer
has contracted for multi-user account. Multi-user accounts are restricted to the
number of incoming simultaneous users on the customers' account selection. It is up
to the customer to coordinate usage on the account so that the number of connections at
one time on the account does not exceed the number allowed on the account contracted for.
In-activity
Disconnects:
All dial-up connections to Internet America are automatically disconnected after 20
successive minutes of in-activity (idle-time). We reserve the right to terminate the
account, without notice, of anyone with an Active Usage Unlimited Account attempting to
defeat this measure through any means, mechanical or electronic. These means include but
are not limited to: using any e-mail program to continually check mail, continual pinging
of any IP address, use of any other utility to falsely maintain a live connection. This
does not apply to Dedicated Accounts.
Multiple
Connections On One Account:
Dial-in connections, whether for the Active Unlimited Usage Accounts or for Dedicated
Accounts, are restricted to one incoming call to our servers at any given time. Multiple
simultaneous connections for an account are strictly prohibited and added charges may
apply with possible cancellation of the account.
Usage of Internet
America's Internet Service indicates acceptance of our Usage Policy and Terms and
Conditions..
Usage Policy / Terms and Conditions
for All Accounts
This Agreement is provided to document
Internet America's policy for use of our service, terms and conditions, terms of service,
and payment/billing policy. Please read this document carefully. Use of
Internet America service and payment for Internet access through Internet America
demonstrates that the Customer has read and accepted all terms of this Agreement.
Billing / Payment of Service
/ Refunds / Pricing:
For those customers paying for one month of service at a time, we will only accept a major
credit card or check/debit card for payment. For those customers paying for at least 3
months service at a time, payment will be accepted in the form of checks, cash, money
orders, and most major credit cards. Returned checks are subject to a $25.00 service fee
and depending on the circumstances, those customers may be subject to future payments by a
method other than checks.
All setup/application fees and/or payments for Internet
Service through Internet America are non-refundable. Exceptions to this rule will be
made only for those customers whom we cannot get connected initially or for those
customers who have moved out of our service area. (We currently
provide dial-up service for areas that can dial-in locally to
Statesville, Charlotte, and Hickory. Our ADSL coverage area
falls in most of the 704 and 828 area codes that are serviced by
BellSouth.) Refunds will be made by company
check or a credit to the credit/debit card that was charged once all criteria are
satisfied. Refunds for payments made by check will not be refunded until verification that
the check has cleared our bank. Refunds made by credit to a Customer's credit/debit card
will only be made to the credit card that was charged. In absolutely no case will a
cash refund be given. We will not refund the setup/application fee in any
case. Refunds will only be made for full months remaining on the service; partial
months will not be refunded. A $10 administration fee will be applied to
all refunds.
For those customers who due to late payment have been placed on hold
or cancelled, a reconnect fee of $5 will apply upon payment and if not
added to the payment made will be taken out in pro-rated days of
service.
- Those new customers whom Internet America cannot get
connected by normal technical support over the phone will be required to bring their
computer in to our office at 123 Berry Street in Statesville so that our support team can
check out the setup and test the connection to qualify for any refund for prepaid service.
In the event that Internet America cannot get the Customer's computer connected due to a
problem with the Customer’s equipment, the Customer must contact Internet America
within two weeks of signup to quality for a full refund less the initial setup fee. If
Internet America is unable to get the customer connected, Internet America will refund any
applicable prepaid fees less the initial setup/application fee.
- If a Customer relocates to an area outside of Iredell County
which would be a long distance call for our service, Internet America will refund any
unused full months' prepayment for Internet service. If the customer
relocates to any other county of North Carolina in which Internet
America has a dial-in number local to that area, no refund will be
made. Partial months will not be refunded.
To qualify, notify Internet America as soon as possible. The customer must provide
two postal documents showing the new mailing address to receive a refund. These documents
must be provided within 90 days after cancellation to qualify for a refund.
For those customers who have elected
to pay via credit card, an invoice will not be provided. To guarantee
uninterrupted service, the customer's credit card will be charged
approximately 5 days before the
next service period will begin. It is the customer's responsibility to promptly
provide Internet America with any changes to the credit card or expiration date on the
card provided. It is also the customer's responsibility to provide Internet America
with any changes concerning their current address; as a security measure, our billing
software verifies addresses for the holder of the credit card. Customers will be contacted
via email or phone for any credit cards that are declined for any reason. Although
we make every effort to contact a customer personally, Internet America reserves the right
to temporarily suspend the account of a customer who fails to respond to our request for
corrected information concerning a declined card. For those accounts that have been
temporarily suspended, the account will be reactivated once the card clears the banks.
After the account has been suspended, a $5 reconnect fee may apply and
will be charged at the discretion of Internet America. Any
credit card customer wishing to cancel must cancel a minimum of 10 days prior to the beginning of their payment cycle.
Once a credit card is charged, this payment will be treated as a
pre-payment of service and the policy above concerning refunds will
apply. Cancellation requests must be provided
in writing (faxed or delivered to our office) or by phone.
Emails will not be accepted as a cancellation request.
If a customer cancels after the beginning of their next
payment cycle or after the credit card has been hit, the policy above concerning refunds will apply.
For those who select to pay
quarterly, bi-annually, or annually, Internet America typically sends an invoice
for these services approximately 3 weeks prior to the date the payment is due in our
office to give our customers adequate time to get their payment to our office.
Payment for service is due in our office on the due date of the invoice. Internet
America reserves the right to temporarily suspend any account for which payment has not
been received by 5:00PM on the day after the payment is due. As
stated above, a $5 reconnect fee will be due after account has been
suspended; if not made at time of reconnect, this $5 fee will taken
out in pro-rated days of service.
Internet America reserves the right to change prices with
30 days notice.
No customer will be allowed to use Internet
America's Active Unlimited Usage Account in a manner that adversely affects the
availability of Internet America's resources to other customers.
Running a
server, reselling services, training, etc.:
Internet America does not allow you to run a server over a dial-in connection. No account
provided by Internet America may be be used as a connection for an Internet server of any
type, where commercial or personal unless this is pre-approved through the management of
this company.
No customer can resell, lease, rent or
any in other way grant a security interest in the connection time or services of Internet
America without the expressly written consent of Internet America.
Internet America will not be responsible for
training and/or assisting users in the operation of their computers. Further, Internet
America is not responsible for assisting in the design of personal web pages and/or the
training of using software.
Disallowed
Activities:
Customer shall not use Internet America Service for spamming. Spamming
includes, but is not limited to:(1) the bulk sending of unsolicited messages, or the
sending of unsolicited emails which provoke complaints from the recipients, (2) the
sending of junk mail, (3) the use of distribution lists that include people who have not
given specific permission to be included in such distribution process, (4) posting
commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing
binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting
off-topic messages to newsgroups, (7) excessive and repeated cross-posting and (8) email
harassment of another Internet user or users, including but not limited to, transmitting
any threatening, libelous or obscene material, or material of any nature which could be
deemed to be offensive.
Customer shall not use the Internet America account in a manner which violates any city,
state, national or international law or regulation, or which fails to comply with accepted
Internet protocol. Internet America reserves the right to cooperate with legal authorities
and/or injured parties in the investigation of any crime or civil injustice.
Customer shall not attempt to interfere in any
way with Internet America's networks, servers or network security, or attempt to use the
Internet America account to gain unauthorized access to any other computer system.
The customer agrees to use the Internet
America's services for only legal activities.
Internet
Content:
Customers of Internet America are able to access a huge number of areas of the
Internet. Some of these areas contain materials, information and pictures that could
be harmful, offensive and/or intended only for adult audiences. Internet America accounts
must be held by those at least eighteen (18) years of age. If you are a minor's parent or
legal guardian, you agree: (a) to supervise the minor's access to the Internet, (b) to
assume all risks associated with exposing the minor to the content of the Internet, and
(c) to defend, indemnify and hold Internet America harmless from any claims, losses and
damages, including attorney's fees, resulting from viewing content or exposing any minor
or other person to content on the Internet.
Occasionally Internet America may recommend
rating and/or filtering software or methods to help Customers' screen out pictures or
content that they do not wish to receive through your Internet America account.
Internet America makes no assurances, endorsements, or recommendations concerning these
products or methods.
Internet usage through our service is on an as-is basis and Internet
America makes no warranty for the accuracy of any data accessed via
FTP, the World Wide Web, or any other means of accessing the Internet.
Privacy/Security:
Internet America reserves the right to resolve system and server problems using whatever
means are necessary, including but not limited to, accessing a user's mail box to clear
blocked mail, examining usage logs and other such records for user access information, and
any other means we feel necessary to ensure proper functioning of the system or in
troubleshooting customer problems.
Internet America does not guarantee the security of any data on the system including that
transmitted using secure servers or otherwise. Internet America assumes no liability for
the loss of private or confidential material or email.
Email:
Internet America reserves the right to remove any mail left on our mail servers after 14 days. Email accounts
are limited to occupy no more than 6MB space on our mail server at any
one time unless otherwise noted. Usage of our service indicates
that you agree to this policy. Any email account not accessed in
45 days will be automatically deleted; this means any customer wishing
to keep an email account with Internet America must check this email
account at least every 45 days.
Viruses,
Trojans, Worms, Spyware, Malware etc.
As an Internet America customer, you realize that computer viruses can
be accessed via email transmissions, web browsing, and other means of
Internet activity and that it is your responsibility to take whatever
steps you feel necessary to keep you or your organization from
catching such computer viruses. Internet America makes no
warranty, written or verbal, that you will not catch such Trojans,
worms, or viruses or that any spyware or malware (malicious software)
could not be downloaded to your computer. Your usage of Internet
America's service is on an as-is basis and you, the user, bear the responsibility
of protecting your computer from such software or viruses.
Personal Web
Space:
Personal Unlimited Accounts are provided with up to 2 Megabytes of Web Space to be used
for personal non-commercial web pages. This is provided upon request. Storing information
in other than your web space is not allowed. X-rated or pornographic material posted on
the free web pages is strictly forbidden - no exceptions. If found, there will be 1
warning. Further contact will result in removing the web page privilege indefinitely.
Internet America reserves the right to refuse to link to personal web pages that it
considers distasteful.
Warranty
Internet America 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 America OR ITS EMPLOYEES
SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU
BY Internet America ARE PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS; Internet America DOES NOT WARRANT THAT
THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE
CORRECTED. Internet America DOES NOT GUARANTEE THE SECURITY OR
BACK-UP OF YOUR DATA STORED ON THE SERVICE.
The consumer/subscriber
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 (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 America'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 America, neither
Internet America 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 America
neither endorses nor is responsible for the accuracy of such material,
and by using this service you agree that Internet America is not responsible for any
loss or damage caused by your use of, or reliance on, such material.
Change of
Policy:
Internet America reserves the right to change these policies at any time without notice.
Last update: 02/01/04
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