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Terms of Service
1. Parties Southeast Voice & Data ("The
Company") is an Internet Service Provider and a party to this Agreement. The
person accessing The Company services (herein referred to as "you") is the other
party to this Agreement.
2. Agreement: Change in Terms By accessing
The Company services, you agree to be bound by the terms of this Agreement. You
also agree to be bound by any change in these terms, related to use of the
service, which may be published via The Company services while you are a user of
The Company services. If you do not want to be bound by the terms of this
Agreement or by any subsequent changes to these terms, please contact The
Company immediately so that we may close your account.
3. Limitation of Liability and Indemnity You
agree that The Company will not be liable to you for any direct, indirect,
consequential, special or punitive damage(s) or loss(es) whatsoever you may
incur in connection with the use of The Company system or any of the data or
other material transmitted through or residing on The Company system, even if
The Company has been advised of the possibility of such damage or loss. This
includes, but is not limited to, loss of data or any other loss whatsoever
resulting from delays, non-deliveries, mis-deliveries, or service interruptions
of any nature whatsoever. In addition, you agree to defend and indemnify The
Company and hold The Company harmless from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys fees) relating to any acts by you or materials
or information transmitted by you or any use by you of The Company services
which leads wholly or partially to claims against The Company or The Company
system by you, by another customer or by any other person or entity. Without
limiting the generality of the above paragraph, you further acknowledge and
agree that:
· No Warranties: No Responsibility The
Company exercises no control whatsoever over the content of the information
passing through its Internet connection. The Company makes no warranties of any
kind, whether expressed or implied, as to the availability, accuracy, or content
of the information, products, or services it is providing. The Company disclaims
any warranty of merchantability or fitness for any particular purpose. Use of
any information or data obtained via The Company is at your own risk. The
Company bears no responsibility for the accuracy or quality of information
obtained through its services. You are solely responsible for any telephone
company charges incurred as a result of using The Company services including but
not limited to any/all local and long distance charges.
· Minors: Obscenity You acknowledge and agree
that materials are available on the Internet which may not be suitable for
minors and that The Company is not responsible for the prevention of access to
such material and resources by minors or others. You agree that you have the
sole responsibility for monitoring what is available to any minors or others who
have access to the internet through your The Company account.
· Use Restricted to Lawful Purposes:
Disclosure of Member Information You agree that you will only use The Company
services for lawful purposes. You agree that you will not transmit any material
in violation of any U.S. federal, U.S. State, or foreign law. This includes, but
is not limited to: copyrighted material, material legally judged to be
threatening, obscene, or fraudulent or material protected by trade secret. The
Company has no obligation to monitor the service but may do so and may disclose
information regarding your use of the service to satisfy laws, regulations or
governmental requests; to operate the service properly; and, to protect itself
and its members. However, The Company will not disclose member information to
outside persons or entities for the purpose of soliciting The Company members.
· Other Networks: Access and Cancellation at
Southeast Voice & DataDiscretion You agree to comply with the acceptable use
policies, rules and regulations, and terms and conditions of any networks
accessed by you through The Company. The Company reserves the right to refuse
service to anyone. The Company further reserves the right to deny access to, or
close, any account(s) which, in The Company sole opinion, is (are) causing, or
may cause, harm to The Company server or to other systems. The Company will make
reasonable effort to notify any user of The Company action, but is not bound by
this agreement to do so.
· Account Usage When you sign this Agreement
and pay the appropriate charge, you are entitled to an account. An individual
account entitles only the named user to log in, and only using one of The
Company's modems at a time. Business accounts allow multiple individuals within
an organization to access The Company, but only one at a time and only on one
modem or TCP/IP session.
· CPU Usage Programs used to emulate a TCP/IP
connection from within a shell account are prohibited.
· Modem Usage Individual dial-in accounts are
for personal, non-transferable, casual use. The Company does not meter usage of
shared resources such as dial-in lines and modem connections. However, you agree
not to use shared resources to such as degree that such use adversely impacts
the availability of the network for other users. You acknowledge that individual
accounts are not intended for those situations where a modem connection is
maintained semi-permanently. Individual users agree that at no time will you
maintain more than one simultaneous modem connection. You agree that The Company
may, at its sole discretion, automatically disconnect sessions with no activity
for a prolonged period of time. You also agree that you will not use automated
programs to defeat idle timeout.
· Disk Usage You agree that storage of user
data will be done within the user's assigned home directory, or as assigned by
The Company staff. You agree not to use other disk space, except for The Company
system programs making temporary use of the system's public file system areas.
· Mail Usage You agree that you will not send
bulk mail to more than one hundred (100) users nor unsolicited commercial mail
to multiple recipients or use your The Company account or web pages as a return
address for unsolicited commercial mail originated elsewhere.
· Usenet Usage You agree not to make
commercial postings to newsgroups the charter of which does not specifically
allow commercial postings, or postings which are directed to either
inappropriate, unrelated, or more than twenty (20) groups or use your The
Company account or web pages as a return address for such postings originated
elsewhere. Should violation of this provision require corrective action by The
Company technicians, you agree to pay all costs incurred (minimum $1,000) in
mitigating any harmful effects.
· System Abuse Administrative intervention
required due to abuse of any of the policies in the Agreement will be billed to
the user at $100 per hour.
· Billing Policies By accepting a quote (signing and returning) you agree that this is a minimum 2 year commitment unless otherwise noted on the quote. If the contract is terminated early by the consumer, the consumer agrees and understands that they are liable for 100% of the remaining contract value, unless otherwise noted on the quote. You acknowledge and agree that we do not pro-rate any services, monthly, quarterly, semi-annual or annual. You agree that The Company
may change its rates and otherwise modify any terms and conditions of this
Agreement by notifying via email 30 days in advance of the effective date of
such changes. You agree that all equipment supplied by Southeast Voice &
Datawill be returned or you will be liable for applicable unreturned equipment
fees. Until you notify us to cancel your account, you agree that any new terms
and conditions will supersede all previous representations, understanding, or
agreements and shall prevail notwithstanding any variance with the terms and
conditions of this Agreement and all order forms submitted. You agree to notify
The Company via email to billing@sevoicanddata.com, postal mail, or fax of any changes
to your address or telephone number. Service is invoiced in advance of
applicable term. You agree to pay service charges until the end of the
applicable term in which you request cancellation. Written notification via
email to billing@sevoicanddata.com, postal mail, or fax of cancellation must be received
at least thirty days prior to your applicable term, with the term date being the
day of the month you signed up, in order to avoid charges in full for the next
applicable term. Upon such notification, The Company agrees to close your
account at the end of the applicable term. The Company will not refund amounts
previously paid. All accounts will continue to be billed until a written notice
of cancellations is received, whether or not the account is actively used.
Acceptable billing methods include; automatic credit card debiting, or billing
in advance by postal mail. If billing in advance is chosen, payment is due 30
days from the date of invoice. If payment is not received within thirty days of
past due notice will be mailed by postal mail. If payment is not received within
10 days of the notice the account will be temporarily deactivated for up to
thirty days, and a $10 reactivations fee will apply to have the account
reactivated. If after thirty days of suspension, payment is still not received
the account will be deleted including all stored email. If your check is
returned to The Company unpaid, you agree to pay The Company reasonable
collections expenses, including attorney and collection agency fees.
· Shipping Method Equipment provided by The
Company for use with our services is shipped via United Parcel Sevice (UPS), to
be delivered on or before the first date service is to commence. Type of
shipping (i.e., Overnight, Two-Day, Groound, etc.) will be determined by the
length of time necessary to ensure delivery on or before the date service is to
commence. Additional equipment purchased by the user will be shipped upon
arrival at our facility from vendor. Additional equipment purchased by user type
of shipment (i.e., Overnight, Two-Day, Groound, etc.) will be based on the
stated needs of the user at the time of purchase.
· Return Policy All services are sold with a
thirty-day satisfaction guarantee. If the user decides that the service is not
satisfactory for any reason within the first thirty days of commencement of
service, as long as all equipment is returned (at user expense), a full refund
will be issued upon our receipt of equipment. If The Company did not provide
equipment, refund will be issued within thirty-days of receipt of cancellation.
· Information Security Your payment and
personal information is always safe. Our Secure Sockets Layer (SSL) software is
the industry standard and among the best software available today for secure
commerce transactions. It encrypts all of your personal information, including
credit card number, name, and address, so that it cannot be read over the
internet.
· Choice of Law You and The Company agree
that the law of the State of North Carlolina, U.S.A. will apply to all matters
relating to this Agreement and to The Company services. In addition, you and The
Company agree and consent that the courts of Johnston, North Caroina, U.S.A.,
will have exclusive jurisdiction and be the exclusive venue for any legal
actions relating to this Agreement or to the services provided he
· Rights not Waived Failure by either you or
The Company to insist upon compliance by the other party with the terms and
conditions of this Agreement shall not constitute a waiver of any rights under
this Agreement.
· Partial Invalidity If any part, term, or
provision of this Agreement is determined to be invalid or unenforceable by a
court, board, or tribunal of competent jurisdiction, such term or provision
shall be construed in all respects as if such provision were written in a manner
acceptable to said court, board, or tribunal, or, if such provision is found to
be totally unacceptable to such court, board, or tribunal in any form, then as
if such invalid provision were omitted altogether.
· Entire Agreement It is expressly understood
that there are no oral agreements or understandings between you and The Company
which will be deemed to extend, restrict, or otherwise supersede the exact terms
of this agreement. If any provision of this Agreement fails to comply with
applicable law, then this Agreement shall, without prior notice, be
automatically modified to conform with the minimum requirements of any law or
governmental regulation having application to or jurisdiction over the subject
matter or the parties hereto. Otherwise, this Agreement, the Application Form,
and any later written changes published via The Company service, constitutes the
entire agreement between the parties.
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