Terms
and Conditions
This is the contract that you, the
customer, make with Adjicent Technologies. Of course, there has
to be a lot of legalese in fine print. We recommend that you read
it carefully. Since most people don't read the whole thing, and
who can blame them, anyway, we have summarized a few of the most
important points.
- Don't give your user name or password
out to anyone.
- No abusing the network like spamming
or hacking etc..
- You can't use our Network to do
anything illegal, and if you do, it's not our fault and we can
shut you off.
- Pay your bills on time. We must
receive payment by the 25th of the month before the service period
starts.
- If you don't pay your bills on time,
you could get a late charge or even a collection fee.
- Tell us when you stop using your
account, so we can stop charging you. Don't just move away or
change services without telling us.
We generally tend to be a lot friendlier
than the terms and conditions below sound. The key is, if you have
problems, to keep in touch. We are always glad to hear from you, and
will always try to be helpful and friendly when you call.
1. This Agreement by and between
Adjicent Technologies, duly authorized and existing under the laws
of the State of Washington with its main office at 3660 Pacific Ave
Suite B Olympia, WA 98501, and the Customer for the provision by Adjicent Technologies
or its subcontractors or affiliates of certain computer and network
services for use by the Customer.
2. Content
of the Internet. Adjicent Technologies exercises no control whatsoever over
the content of the information passing through it. Use of any information
obtained via Adjicent Technologies's services is at your own risk. Adjicent Technologies
specifically denies any responsibility for the accuracy or the quality
of information obtained through its services.
3. Authorized Users. This service
is to cover network and computer system access by the Customer only,
and does not extend to any other person, corporation or entity.
Under no circumstances is the account login name or password to
be shared by the account holder with outside parties. No more than
one dialup connection can be used at any time. Use by any unauthorized
party may incur additional hourly charges. All of Adjicent Technologies services
are for end-user use only, and may not be resold to third parties
without a separate reseller agreement on file with Adjicent Technologies.
4. Usage. The account may be
used only for lawful purposes. Transmission of any material in violation
of any U.S. or state regulation is prohibited. This includes, but
is not limited to, copyrighted material, materially legally judged
to be threatening or obscene, or material protected by trade secret.
Use of this account to violate the security of any network, crack
passwords or security encryption codes, transfer or store illegal
material including that deemed threatening or obscene, or engage
in any kind of illegal activity is expressly prohibited. This includes
accessing other users networks without consent. The Customer will
abide by all the rules, regulations and policies of those networks
and computer systems accessed via this account whether operated
by Adjicent Technologies or not. If the Customer is unsure of those policies,
it is the Customers responsibility to ascertain such policies.
The customer agrees to indemnify and hold Adjicent Technologies harmless from
any claims resulting from the Customers use of the service
that damages either the Customer or another party or parties.
5. Payment. The Customer is
responsible for any and all fixed and cumulative charges for this
account. The account setup fee and your fees for the new period
of service are due in advance of the period of service. Any cumulative
charges will appear on the invoice for the subsequent period or
the final bill if service is terminated. Unused hours do not accrue
from one month to the next. Payment is due on the 25th day of the
month prior to the service period. Credit card payment: the Customer
agrees to pay all billed amounts according to credit card issuer
agreement until the Customer cancels the account or discontinues
credit card billing. Payments by check not made by the 25th day
of the month prior to the service period are considered to be delinquent
and may be subject to reasonable collection and legal fees as well
as a late fee not to exceed $10.00 per month. Returned checks are
subject to a charge of $30.00. Delinquent accounts may have service
interrupted. Such interruption of service 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. Delinquent accounts are due immediately.
Only accounts in which Adjicent Technologies has proven an inability to provide
service are elegible for a refund. All refunds must be submitted
in writing prior to the cancellation. All account holders will be
given thirty (30) days notice prior to any change in pricing policy.
Accounts that have not been paid by the 20th of the month may incur
a late penalty and a finance charge.
6. Renewal. This agreement will
be automatically renewed for successive terms equal in length to
the Customer's selected term unless customer notifies Adjicent Technologies
in writing more than 30 days prior to the end of the initial or
renewal term. Terms and conditions herein shall be applicable to
any renewal term.
7. Suspension. The Customer
agrees that Adjicent Technologies has the right to suspend or cancel an account
for any reason, including without limitation the investigation of
policy or agreement violations, inappropriate use, use of excessive
system or network resources, or non payment of service fees. In
the event that Adjicent Technologies suspends or cancels an account, Adjicent Technologies
will make a reasonable effort to notify the Customer prior to the
act.
8. Refunds. All setup fees and
the advance payment for each period are nonrefundable, unless the
customer is unsuccessful in using the account and notifies Adjicent Technologies,
in writing, within thirty (30) days of establishing said service.
Beyond the initial thirty (30) day period, any fees are refundable
atAdjicent Technologies's discretion.
9. Cancellation. The Customer
must cancel with written notice sent to the address of Adjicent Technologies
listed in this agreement. The Customer agrees that Adjicent Technologies has
the right to delete all data, files, or other data, files, or other
information that is stored on Adjicent Technologiess servers on behalf
of the Customer, if the account is canceled, for any reason, by
either the Customer or Adjicent Technologies. If the Customer terminates this
agreement before completion of the agreed upon period of service,
the Customer will be liable for all charges for the remainder of
the term.
10. Limited Warranty. No warranty
is made by Adjicent Technologies regarding bandwidth or any information, services
or products provided through, in connection with, or located on
the computer systems at Adjicent Technologies or other parties, and The Adjicent Technologies
hereby expressly disclaims any and all warranties, including without
limitation: (1) any warranties as to the bandwidth, availability,
accuracy, or content of information, products, or services; and
(2) any warranties of merchantability or fitness for a particular
purpose.
11. Limited Liability. Any liability
of Adjicent Technologies, including without limitation any liability for damages
caused or allegedly caused by any failure of performance, error,
omission, interruption, deletion, defect, delay of operation or
transmission, communications line failure, theft or destruction
of, or unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortuous behavior, negligence, or
under any other cause of action, shall be strictly limited to the
amount paid by or on the behalf of the Customer to Adjicent Technologies for
the current month.
12. Acceptance. By the use of
Adjicent Technologies services the Customer accepts the terms and conditions
set forth in this agreement. The terms and conditions of this agreement
supersede an y previous agreement, statement of terms and conditions,
or understanding between Adjicent Technologies and the Customer. The Customer
agrees that Adjicent Technologies has the right to change or modify its acceptable
use policy at any time. |
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