We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
Warranty DisclaimerNo warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
Responsibility of UseUser shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
User is responsible for making sure the access number they dial is a local toll-free call. Under no circumstance will ISP.COM be responsible for long distance charges incurred to the enduser by using the service. If you have any doubts if a number is local, please call your local operator by dialing 0.
Limitation of LiabilityUnder no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
Age LimitUser represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit MaterialsUser understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.
Restrictions of UseUser understands that the following restrictions are applied to the service:
User May Not:
Dialup RestrictionsWe market ISP.COM service as unlimited, but not dedicated. Dedicated usage for the purpose of our TOS is an average of over 15 hours a day worth of usage based upon a 30 day monthly cycle. If you use the service as dedicated, we reserve the right to inform you that we may no longer service your account. We are a consumer service, and not designed for people who require an "always on" connection with long periods of inactivity.
User agrees to allow provider to force a 15 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
Right to CancelWe reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.
System BackupsWe do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
No ConfidentialityInformation transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.
Billing PolicyUpon signup, the enduser will be billed immediately for the first month's service and any set-up fees.
All recurring transactions take place on the same day every month. If the billing is declined, we will attempt to automatically rebill two more times before suspending service. It is the End Users responsibility to make sure that ISP.COM always has the most up to date contact and billing information for their account. Under no circumstances will ISP.COM be liable for bank fees incurred by the User for ISP.COM attempting to charge for service. If the billing continues to be declined after 20 days, or if we receive a bounced or invalid payment, the account will be suspended.
ISP.COM accepts checks & money orders for semiannual or annual payments. Month to month is not available for any methods besides credit cards or electronic check (ACH).
If an electronic check or a check payment is returned for any reason, a $25.00 returned check fee will apply. Any billing disputes done through the bank will result in immediate cancellation of the ISP.COM account and transmittal of the account, including all returned check fees, to our third party collection agency. For any accidental disputes, if you wish to get your service reinstated, you will have a $25.00 per dispute reinstatement fee.
Please direct all billing disputes to our billing department.
You can cancel your service one of three ways.
By mail to:
By Phone to: 888-744-6477 (7 am - 9 pm MST)
Failure to Comply With Terms and ConditionsWe may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
MiscellaneousIn the event that any portion of this Agreement 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.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement 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 this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.
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