WESTELCOM INTERNET DIAL-UP ACCESS
TERMS AND CONDITIONS
Subscriber Agreement – Terms and Conditions
Service
Westelcom Internet access may include:
· Flat rate Internet access, e-mail (to enable you to send and receive e-mail correspondence), web hosting or other Internet connectivity services. Westelcom Internet provides access speeds up to 56K – individual connect speeds may vary due to your modem’s capacity, phone line clarity, or local Telephone Company switching conditions and equipment.
Telephone Calling Area
· It is your responsibility to contact your local telephone company to determine if use of a particular Westelcom Internet dial up number will cause you to incur long distance toll charges. Westelcom Internet is not responsible for paying any long distance or toll charges incurred by you through your use of your Westelcom Internet account.
Access to Westelcom Internet Dial-Up Internet Services is provided subject to the following:
1. Westelcom Internet exercises no control over the content of the information passing through its networks.
2. Westelcom Internet makes no warranties of any kind, whether expressed or implied, for the service it is providing. Westelcom Internet also disclaims any warranty of merchantability or fitness for a particular purpose. Westelcom Internet will not be responsible for any damages you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Westelcom Internet is not responsible for your personal files residing on Westelcom Internet Services.
3. Westelcom Internet Services and all other services provided by Westelcom Internet may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any US Federal or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Westelcom Internet from any claims resulting from your use of the service which damages you or another party or parties.
4. Any access to other networks connected to the Westelcom Internet Service must comply with the rules for that other network. Use of the Westelcom Internet Service may be for any lawful purpose.
5. Use of any information obtained via the Westelcom Internet Service is at your own risk. Westelcom Internet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
6. The right to use the Westelcom Internet Service is not transferable. Westelcom Internet allows users unlimited intermittent access to the Internet. “Intermittent” access means you can dial up as often as required, but you may not deliberately keep a connection open if it is not actually in use by a person. You can not use more than one login session per account at any time. If you have multiple accounts, you are limited to one login session per account at any time.
7. You certify you are at least 18 years of age. Minors must have parents or legal guardians sign an account application.
8. Westelcom Internet has the right to suspend service to you at any time, and for any reason, without notice.
9. Westelcom Internet reserves the right to suspend, restrict, or terminate your access to Westelcom Internet Service for any reason, including in particular if your use of Westelcom Internet causes or is likely to cause the whole or part of the Westelcom Internet Service to be interrupted, damaged, rendered less efficient or in any way impaired.
10. Westelcom Internet reserves the right to change prices and institute new fees. Westelcom Internet will announce price changes at www.westelcom.com , or via e-mail or conventional mail at least 30 days before change occurs.
11. Billing begins the day your account is created (usually the same day you submit a completed Application). You are responsible for paying for your account, regardless of how much you use it, until the account is terminated. Credit Cards (Visa or Mastercard) are the preferred payment method for individual accounts. Credit cards are billed monthly or annually. Should Westelcom Internet encounter difficulty billing a credit card, Westelcom Internet may deny access to the account without notice until the problem is resolved. For individual subscribers who do not wish to pay with a credit card, payment of the first month’s fee in advance is required.
If you elect our annual pre-payment plan, your account will automatically revert to monthly billing at the end of that 12 month period. The subscriber must notify Westelcom to either cancel the service or re-subscribe for a year.
Free month offers are only valid with a credit card online application. You cannot modify your method of payment for a minimum of four (4) months. Doing so will disqualify your from receiving your free month discount.
12. For commercial accounts with approved credit with Westelcom Internet, payment is due upon receipt of invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If your payment is returned to Westelcom Internet unpaid, you are immediately in default and subject to a returned check charge of $15.64 plus any bank charges. Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly account charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month. If you default, you agree to pay Westelcom Internet its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. An act of default accelerates payments to be due immediately, as credit is no longer being extended. . If your account is disconnected for non-payment or for violations of any terms and conditions, you will be charged $15.00 to be reconnected and you will be required to pay for monthly service in advance.
13. 30 Day Money Back Guarantee: A full refund of the first month’s fees may be obtained for any reason if a cancellation of the account is requested in writing within 30 days of account creation and if the entire contents of the Westelcom Internet Software Kit have been returned to Westelcom Internet. Monthly fees are not refundable after 30 days. All accounts are terminated upon receipt of a customer’s cancellation.
14. Westelcom Internet has the right to delete all data, files or other information that is stored in your account, if your account with Westelcom Internet is terminated, for any reason, by either you or Westelcom Internet.
15. 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. Westelcom Internet reserves the right to change rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of the change.
16. User identifications and email addresses can be selected by subscriber (or can be generated by WESTELCOM). An initial password will be provided. Password change charges may apply. There will be a charge of $9.95 for a change of username.
17. The resale of WESTELCOM’s Internet Service or any other associated services by any and all means is strictly prohibited unless approved in advance in writing by WESTELCOM.
18. Westelcom Internet is not responsible for any down time or service interruptions due to Telephone line conditions, computer or modem difficulties. As a Westelcom Internet user you, the subscriber, are responsible for checking your Westelcom email for any service notification from Westelcom.
19. Use of Westelcom Internet Services constitutes acceptance of these Terms and Conditions.
20. Westelcom reserves the right to disconnect an active session after 20 minutes of inactivity. “Unlimited hours of access” is defined as the ability to dial-in for access at any time. It does not constitute full-time dedicated access.
21. For your convenience, standard dial up customers are pro-rated for the first months charges. Upon disconnection, pro-rates do not apply. All disconnections must be made prior to the 5th of the month or the current months service charges will apply.
WESTELCOM INTERNET ACCEPTABLE USE POLICY
Introduction
Westelcom Internet’s goal is to provide premium Internet access for an enjoyable Internet experience for our subscribers. This Acceptable Use Policy was written to keep Westelcom Internet and the Internet useful for all our subscribers. Violation of this Policy may result in suspension or cancellation of Westelcom Internet services.
Westelcom Internet does not monitor or exercise editorial control over the content of any free personal web site, commercial web site, e-mail, mailing list, newsgroup or other information accessible from the Internet through Westelcom Internet. Westelcom Internet does, however, reserve the right to remove any materials Westelcom Internet becomes aware of that are, in Westelcom Internet’s sole discretion, potentially illegal, could subject Westelcom Internet to liability, or violate this Policy.
Policies
Westelcom Internet provides dial up Internet access on a “flat rate” basis. You may use your account as much, or as often as you wish, however, in consideration of other users, we ask that you disconnect your Internet service when not personally using your account. In addition, the following items are specifically prohibited:
· Use of software or any device that would allow your account to stay logged on while you are not actively using Westelcom Internet services or using the account to operate a server of any type.
· Free “personal web sites” may not contain any advertising or commercial material of any kind or material of an ‘adult’ nature.
· Using Westelcom Internet’s services for illegal or disruptive purposes, or in support of illegal or disruptive activities. Westelcom Internet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal or disruptive include, but are not limited to:
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Exporting software or technical information in violation of U.S. export control laws.
Posting or e-mailing “make-money-fast” or “pyramid/chain” letters.
Sending Unsolicited Commercial E-Mail or Unsolicited Bulk E-Mail.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others, or attempting to penetrate beyond security measures of ours or other systems (“hacking”) whether or not the intrusion results in corruption or loss of data.
Harassing others by “mail-bombing” or “news-bombing”. “Mail-bombing” constitutes sending more than ten (10) similar mail messages to the same e-mail address. “News-bombing” constitutes sending more than 10 megabytes of data to a newsgroup.
Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same user name and password combination.
Forging any message, in part or whole, originating or passing through Westelcom Internet services.
Distributing viruses to or from Westelcom Internet systems.
Posting articles to any news group, mailing list or similar forum, which are off-topic according to the charter or other public statement of the forum.
Disrupting any newsgroup with frivolous, excessively vulgar, repetitious, or excessively large postings.
Installation of “auto-responders”, “cancel-bots” or similar automated or manual routines which may disrupt net newsgroups or e-mail use by others.
Limitation of Liability
Westelcom Internet has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to transmission nor can Westelcom Internet ensure prompt removal of such communications or content after transmission or posting. Accordingly, Westelcom Internet does not assume liability to subscribers or others for any failure to enforce the terms of the Policy.
Revisions
Westelcom Internet reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to subscribers by posting such changes to this page (http://www.westelcom.com), by e-mail or by conventional mail.