Terms and Conditions of Service
GENERAL PROVISIONS
The following Terms and Conditions of Service, in combination with Valley InfiNet's Acceptable Use Policy, constitutes a binding agreement between you, the subscriber, and Valley InfiNet. By using Valley InfiNet's services, you agree to be bound by these Terms and Conditions of Service.
Valley InfiNet reserves the right to make changes to these Terms and Conditions of Service at any time. You will be notified of such changes by an email bulletin sent to your Valley InfiNet email address and by a notice posted on Valley InfiNet's home page. You agree that such posting constitutes sufficient notification.
Changes to the Terms and Conditions of Service take effect immediately upon posting of the new Terms and Conditions of Service on Valley InfiNet's web site, along with notice as specified in the previous paragraph. Any use by you of Valley Infinet's services after such posting and notification constitutes acceptance of those changes.
SCOPE OF SERVICE
Valley InfiNet provides Internet access and related services (hereafter referred to as "the service") to businesses and residences, in exchange for the payment of fees. Valley InfiNet reserves the right to impose restrictions on your use of the service, as necessary, to protect the rights of other users or to protect Valley InfiNet's property and reputation. All such restrictions are described in Valley InfiNet's Acceptable Use Policy.
The internet itself is not owned or regulated by any individual, company, or government entity. Rather, the internet consists of interconnected computer networks, each segment of which is owned by an independent party. As Valley Infinet has no control over segments outside its own network, Valley InfiNet therefore operates solely in the capacity of a carrier, providing transit of information to and from the internet on behalf of its customers, and Valley InfiNet exercises no editorial or other control on the information that is passed. Valley InfiNet does not and cannot offer any guarantee concerning the content, quality or accuracy of any information available through its system or through the Internet in general. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE OBTAINED THROUGH USE OF THE SERVICE.
USE OF THE SERVICE
Use of the service is restricted to the account holder and authorized users of the account. This
means, for a residential account, only the account holder and his/her immediate family members that
reside in the same household may use the account. For a business account, it means that only officers
and employees of the business may use the account and only as approved by the business. Any other use
or sharing of an account is strictly prohibited.
You agree to not use the service or permit others to use the service through your account in any way that infringes on the rights of any other party, or that violates any international, federal, state or local law or regulation, or that subjects Valley InfiNet to liability, or that is in violation of Valley InfiNet's Acceptable Use Policy.
You agree to take reasonable precautions to keep your password secure and unknown to anyone who is not authorized to use your account. You also agree to take full responsibility for any use of your account, whether or not that use has been expressly authorized by you.
By using the service, or by allowing the service to be used through your account, you agree to indemnify and hold harmless Valley InfiNet, its owners and employees, from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of any violation of Valley InfiNet's Terms of Service or Acceptable Use Policy by you or anyone who accesses the service through your account, whether or not such use is authorized by you.
Account holders must be 18 years of age or older. Minors under the age of 18 may use the service only if they are a family member in the same household as an account holder and the account holder accepts all responsibility for the minor's use of the Internet.
PAYMENT FOR SERVICES
You agree to pay for services when due at the rates then in effect. Rates are published on
Valley InfiNet's web site, and are subject to change upon 30 day's written notice, which may be
by email or postal mail addressed to the account holder.
Billing is monthly in advance, with payment due by the beginning of the service
month. For example, the bills for June will go out in May, with a due date of June 1.
Invoices that are more than 30 days past due accrue interest at the rate of 1.5% per month, or
otherwise as provided by law.
Valley InfiNet also reserves the right to impose a late charge of $5.00 to cover the added costs of handling an overdue account. If you cancel your account, you agree to pay any past due charges, including accrued interest and late fees. Valley InfiNet reserves the right to suspend your service if payment is not received within 30 days of the invoice date. If payment is not received within 60 days of the invoice date, Valley InfiNet may terminate your account and delete all data, files, or other information that is stored in your account. If your account is terminated due to non-payment, then in order to restore services the customer shall pay, in addition to the interest and late charges, a restoration fee equal to the activation fee then in effect for new accounts and the pre-payment of 3 months of monthly recurring charges. If your account is sent to collections, you agree to pay all costs of collections, including reasonable attorney's fees.
Valley InfiNet's service comes with a thirty day money-back guarantee for all new accounts. If you are not satisfied with the service for any reason, you may cancel within your first thirty days and receive a full refund for all that you have paid. After thirty days, you may cancel for any reason and receive a pro-rated refund for the remaining portion of the service period for which you have paid.
SOFTWARE
As a courtesy to its subscribers, Valley InfiNet distributes, free of charge, software that is needed to access it services. Valley InfiNet may also provide, by links or by downloads from its web site, freeware or shareware to augment the subsriber's use of the internet. Valley InfiNet is not the author of, or otherwise responsible for, any such software, nor is Valley InfiNet engaged in the sale or licensing of such software. Valley InfiNet makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to subscribers. Valley InfiNet accepts no liability of any kind with respect to such software or any damages resulting from use thereof. You assume all risk of all kinds with respect to such software. You, and not Valley InfiNet, must pay all shareware license fees. No subscriber or user shall assert any claim against Valley InfiNet with respect to any software obtained while using Valley InfiNet's services.
TERMINATION AND SUSPENSION
You may terminate your account at any time, with or without reason, by telephoning or mailing your termination request to Valley InfiNet. Termination will take effect on the date such request is received, unless a later date is specified in the request. Termination of your account does not relieve you of your obligation to pay for all services rendered prior to the termination, whether or not such services have been billed. Valley InfiNet may also, at its sole discretion, suspend or terminate your account at any time that it deems it is necessary to do so to protect its rights. Valley InfiNet may delete all data, files, or other information that is stored in your account upon termination, unless other arrangements have been agreed to and paid for.
CONFIDENTIALITY
Valley InfiNet will not collect or disclose any information about any of its subscribers, nor monitor any information transmitted by or to any of its subscribers, except as necessary to provide service or as required by law. Notwithstanding the above, Valley InfiNet cannot guarantee the protection or privacy of any information passing through its system or over the Internet. Therefore, you are advised to use common sense when transmitting any confidential or sensitive information to the internet. You agree to assume all risk for any information that you transmit. Valley InfiNet reserves the right to maintain logs of its computer's activies, which Valley InfiNet uses as necessary to ensure proper and efficient operation of its systems.
LIMITATION OF LIABILITY
Valley InfiNet warrants that dial-up customers will be able to connect every time, except for software or equipment failure on their end. The extent and terms of the warranty are described on Valley InfiNet's web site. Valley InfiNet may also offer other guarantees and service level agreements for various services as it deems appropriate.
OTHER THAN THE WARRANTIES EXPRESSLY OFFERED ON ITS WEB SITE, VALLEY INFINET DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES VALLEY INFINET MAKE ANY WARRANTY AS TO THE RESULTS OF INFORMATION OBTAINED BY USE OF ITS SERVICE.
UNDER NO CIRCUMSTANCES SHALL VALLEY INFINET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF BUSINESS. THE MAXIMUM LIABILITY OF VALLEY INFINET TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, DAMAGE OR LIABILITY OF ANY KIND, WHETHER OR NOT DUE TO VALLEY INFINET'S NEGLIGENCE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY THE SUBSCRIBER OR USER TO VALLEY INFINET DURING THE PERIOD OF TIME THAT THE LOSS, DAMAGE OR LIABILITY OCCURRED.
ACCEPTANCE
By accepting service from Valley InfiNet, you agree to all of the Terms and Conditions of this Agreement. These Terms and Conditions supersede all other written and oral communications or agreements with respect to Valley InfiNet's services. Any waiver, modification, or variation of the Terms and Conditions shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of Valley InfiNet.
Any and all services offered by Valley InfiNet are conditional upon acceptance by Valley InfiNet at its home location in Logan, Utah. Therefore, any contract, whether express or implied, between you and Valley InfiNet is executed in Logan, Utah, regardless of your physical location.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Utah.
Last Modified: November 10, 2000
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