PowerNet™ Internet Service AgreementRead This Internet Service Agreement Carefully Before Using Our Internet Services.
This Agreement represents the entire agreement and understanding between PowerNet Internet Services and Power Supply Computers (hereinafter called PowerNet), its affiliates and owners, and the account holder (s), (hereinafter called User.) This agreement supersedes any other written or oral agreement. PowerNet may modify these terms and conditions, and/or modify any pricing, as well as discontinue/change services offered.
*If you do not agree to these terms and conditions, please notify our Billing Department at 419.822.3986 during normal business hours, so we can terminate your account. Failure to notify PowerNet shall constitute your approval.
1. Any/all individuals accessing PowerNet represent that they are 18 years of age or older. Certain material available on the Internet through PowerNet may not be suitable for individuals under the age of 18. Parental discretion is advised. Underage users MUST have a parent/legal guardian obtain/open the account, which constitutes acceptance of these terms and conditions. (See Section *.)
2. Users understand fully that the Internet contains unedited materials, some of which are sexually explicit and may or may not be offensive to users. Users access such materials at their own risk. PowerNet has no control over and accepts no responsibility whatsoever for such materials.
3. Information transmitted through PowerNet and through the Internet in general, is not confidential. Therefore, PowerNet will not and cannot guarantee privacy or protection of any user. We will NOT knowingly disclose any information about any user unless required by court order, subpoena or other legal request, or upon the advice of Counsel. PowerNet will not disclose, (without proof of ID of user), users' passwords. PowerNet will not knowingly disclose users' email addresses to anyone for the purpose of electronic mail solicitation. PowerNet is not responsible for junk mail or electronic mail solicitations any user may receive. See also PowerNet Internet E-mail Anti-Abuse Policy.
4. PowerNet exercises no control whatsoever over the content of information passing through our service. Use of any information obtained via PowerNet is at your own risk. Neither PowerNet, nor any of its licensors, employees, agents or owners warrant that the service will be uninterrupted or error-free. PowerNet, its employees and owners make no warranty as to the results to be obtained from use of its services or the Internet itself. This service is provided on an "AS IS" basis without warranties or guarantees of any kind, either express or implied, including but not limited to warranties of title or implied warranties merchantability or fitness for a particular purpose or use. Neither PowerNet or anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the services, or inability to use the services or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, long distance telephone charges incurred, theft or destruction or unauthorized access to, alteration of, or use of PowerNet, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.
5. Users agree to indemnify and hold without harm PowerNet, its officers, owners, employees, agents, shareholders, and directors from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the users' accounts whether authorized or not authorized.
6. PowerNet Internet connections and all other services provided to the users by PowerNet will only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. state, or local regulation or law is prohibited. This includes, but is not limited to: materials legally judged to be threatening or obscene, copyrighted materials or materials protected by trade secret. Users agree to indemnify and hold harmless PowerNet from any claims resulting from use of Internet services which may damage users or another party.
7. Users agree not to use PowerNet services to configure/guesstimate other users' passwords or to access other users' email addresses/user names, if prohibited, through any/all programs, tools or processes, whether legal or nonlegal.
8. Users may use PowerNet Internet services to conduct legal business proceedings. PowerNet shall NOT be used by anyone, (whether a user, past-user, or other), to impinge upon the use of PowerNet services by other users. PowerNet and its services shall NOT be used to send (through electronic mail and all other means), unsolicited advertising or promotional materials to other Internet users. See also PowerNet Internet E-mail Anti-Abuse Policy. PowerNet DOES NOT ALLOW OR TOLERATE Users or others to run Maillist, Listserv or any form of auto-responder from a User's shell. Processes that run or are activated while the user is not present are also NOT ALLOWED. Continued harassment of individuals on the Internet after being asked to stop by those individuals and/or PowerNet will not be tolerated. If PowerNet foresees or becomes aware of possible violations, we will initiate an investigation. Steps might also be taken to prevent further possible unauthorized activity; IE: suspension of access to services to the individual account in question. PowerNet reserves the right to monitor any customers logins, time online, email content, or other personal or business information/activity during any customer investigation. Confirmation of violations may result in permanent cancellation of the individual account without refund, and/or criminal prosecution. Account status may be reinstated, at PowerNet's discretion, following payment of a reconnection charge. PowerNet reserves the right to begin an investigation at any time for any reason.
9. Account Holder's right to use PowerNet is not transferable. Accounts are for your use only! Anyone using an account must be an immediate family member of the account holder, and list account holder's address as his/her permanent residence. Services provided by PowerNet Internet are not to be re-sold by anyone under and circumstances without written permission or binding contract with PowerNet Internet Service. Users are responsible for the confidentiality of their passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, taking a business account home for personal use, and consuming more than one modem line at a time are strictly prohibited. Multiple account users are limited to one login session per system account at a time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.
10. Definition of the "Unlimited Plan" is as follows:
The Unlimited Plan is, "a monthly Internet access plan that allows the user to actively accumulate as many hours of online time as they wish within a monthly period, without having to pay overtime after a certain number of hours."
Unlimited does NOT mean that you may leave your connection on for extended periods of time without actively using the account. EXAMPLE: Connecting before you go to work and leaving your system online when you are not there actively using it. The use of any program(s) to "keep alive" your connection or to automatically reconnect if the connection is dropped is prohibited. The reason for this limitation is simple: The modems you are connecting to are shared with other PowerNet users. If you stay connected and are not actively using the Internet, you are keeping other users from having access to the modem you are tying up. We are sure you would not want other users keeping you from accessing the modems, so please give them the same courtesy. PowerNet reserves the right to suspend or terminate any account abusing this policy. PowerNet reserves the right to drop any connection for inactivity. Absolutely no refunds will be given to any account suspended or terminated for abuse to the Unlimited Plan.
If you would prefer to have your own modem and not share it with other users, this service is called a DEDICATED LINE CONNECTION. For information on a dedicated connection, please contact your PowerNet representative.
11. TECHNICAL SUPPORT: 419.822.3986 or support@powersupply.net
a. Technical Support is available on a first-come; first-serve basis. Please remember that the technicians are trying to assist and help you. Your patience and willingness to listen to our technicians will expedite your technical assistance. Vulgar and improper language will not be tolerated by our technicians. The Internet is sometimes a frustrating media; please allow us to help you with it.
b. Finding your way through the Internet and learning how to use its resources is a Learning Process. Our technicians' main purpose is to assist new users with setup and installation, while also trouble-shooting users' other Internet related concerns. We recommend purchasing a manual that will assist you in using the Internet and its various avenues; IE: chat rooms, FTP, etc. Although we are not opposed to assisting users with the Learning Process, we must give setup, installation and trouble-shooting our first priority.
**At no time will PowerNet technicians analyze or fix computer hardware and non-Internet related problems for users, free of charge. You must take your computer system to the hardware dealer of your choice for service work and/or repair. Power Supply Computers service division is a suggested source.
c. Technical support and quality service is provided during normal business hours. If technicians are unavailable at the time of your call, one will call you back at the first opportunity. Calls before/after business hours, on Sundays/holidays will be returned on the next business day. After hours phone appointments can be scheduled if PowerNet is contacted during normal business hours to make arrangements. Visits and/or phone calls to PowerNet's owners', employees' and agents' residences for Internet-related purposes are strictly prohibited. We are a family-oriented company; please respect our privacy as we respect your need for quality service and support.
12. PAYMENT PROCEDURES: 419.822.3986 or billing@powersupply.net
a. Users are responsible for any and all fixed and accumulative charges for their accounts. The first month's service fee is due upon account setup. Each month (or other billing period selected), on the application date (or assigned date), the monthly payment, plus any overtime or accumulated charges, late fees, etc, will be due. If payment is not received on or before user's due date, a late fee will be accrued. Service will not be reactivated until all charges, including late fees, are paid in full. PowerNet reserves the right to suspend or cancel services at any time, without refund, due to late payment or nonpayment of account, whether it is a partial or completely unpaid subscription.
b. Credit/Debit card and/or Echeck accounts agree to allow PowerNet to bill the User's Visa, Mastercard or Discover credit/debit card and/or Echeck on or around each successive billing date, without obtaining the user's permission after the initial charge. Credit/Debit card and/or Echeck customers will complete a Credit Card Agreement, or an Online Payment Authorization provided by PowerNet, before auto-billing will be set up. Credit/Debit card and/or Echeck customers shall notify PowerNet of any changes in credit card number, expiration date, or status of the card immediately. In case of Credit/Debit card and/or Echeck decline for any reason, the account will be temporarily disabled pending payment. PowerNet will attempt to contact user by phone, email or U.S. postal service. If no response is received the account will be terminated without further notice. Service Fees will apply.
c. Statement accounts may pay by cash, check, Visa, Mastercard or Discover. Full payments are due on or before the assigned due date. Invoices are emailed prior to the due date with the total amount due. METERED PLANS; Overtime accrued on the metered plans will be invoiced one month after usage occurs. A final bill will be invoiced for OT on cancelled accounts or accounts that have switched to an unmetered plan. Overtime charges are not negotiable and will not be waived or carried over to another billing cycle.
d. Checks/Echecks returned to PowerNet for any reason are subject to a return check charge and the account will be suspended until payment of the full amount due is received by PowerNet. If payment is not received within ten days of suspension, the account will be terminated without further notice. A reconnection fee would apply and collection action will be taken.
e. Annual accounts must pay the full annual rate at the time the annual account is initiated. A statement will be mailed approximately 10 days before annual accounts are due. Cancellation of annual accounts must be received in writing, through email, postal service or fax, before the annual due date. You may sign up for a monthly plan at that time, if you wish, by putting that request in writing. All original contracts remain in effect regardless of changes to account, and will only be cancelled per PowerNet's cancellation policy. Annual Contracts are non-refundable. No Exceptions! PowerNet reserves the right to refuse a refund at any time for any reason.
f. Termination of service does not relieve users from the obligation to satisfy outstanding account balances. In the event that PowerNet must utilize collection agencies, or attorney's services to collect such sums, the users shall be responsible for payment of ALL attorney's fees, late fees, and collection costs pursuant in the collection of these account balances. Venue for any litigation concerning the users' relationship with PowerNet shall be in Fulton county, in the state of Ohio.
g. Annual Contracts and all advertised specials are non-refundable: No Exceptions! In the case of a refund for monthly service, all refunds would be issued approximately one month after cancellation effective date. Credit Card payments would receive a Credit Card refund only. All refunds are subject to a $25 processing fee. PowerNet reserves the right to refuse a refund at any time for any reason.
h. WEB PAGE SERVICE: Personal Web Pages are offered complimentary, with any PowerNet browsing account. Complimentary pages are limited to 5Mb or less space. Additional space will be charged to the account accordingly. Contact a PowerNet representative if you wish to have a Web Page (webmaster@powersupply.net). Web Pages placed without PowerNet's knowledge will be removed immediately, until account holder contacts a PowerNet representative.
BUSINESS Web Pages: Business Web Pages are defined as any page or link to a page placed on the Internet in order to make a profit, sell a ware(s) or advertise/solicit any item or entity. Links to business pages from personal pages also constitute a "Business Page". Business pages are taxable in the State of Ohio.
i. PowerNet reserves the right to cancel services for any reason without prior notice. In case of cancellation, unused fees will not be returned to users.
j. Failure to use account(s) does not relieve users of payment obligations. PowerNet is not responsible for electrical outages, phone line interference or downtime, or acts of God that may interfere with users' services. PowerNet is not responsible for users' computer hardware or software malfunctions, user error in setup or users' application errors that may cause interference with users' Internet services.
k. CANCELLATION/CHANGES TO ACCOUNT POLICY Users must notify PowerNet, in writing via email, fax or U.S. postal service to cancel an account, or make changes to account status. All cancellations/changes to account received in writing will take effect at the user's NEXT due date only. Lapsed accounts will accrue additional charges and will not be cancelled until all balances are paid in full. Setup fees, payment for additional supplies and the first month's service fees are nonrefundable. All refunds are subject to a $25.00 refund processing fee. No Exceptions!
l. In addition to service fees, users shall be responsible for any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sale or delivery of any services furnished here under or to their use by customer.
13. The law that applies to these terms and conditions is the law of the state of Ohio. In the event that any portion of these terms and conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these terms and conditions which operate to protect the rights of PowerNet shall continue in force, even in the event of termination of these terms and conditions on other grounds. PowerNet's failure to insist upon or enforce strict performance of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these terms and conditions.
14. By the use of a PowerNet account, users accept the terms and conditions set forth in this agreement.
15. These terms and conditions were adopted on September 13th, 1996.
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