TERMS AND CONDITIONS
By subcribing to and/or utilizing internet services provided by eastsierra.net, you agree to be bound by the following terms and conditions. This agreement is between you, hereinafter referred to as Subscriber, and eastsierra.net, hereinafter referred to as ISP, (collectively referred to as Parties). The Subscriber desires to become affiliated with ISP for using services provided by ISP.
Therefore, the Parties agree as follows:
1. The ISP agrees to allow Subscriber to use computing facilities at Subscriber's site in ISP's service area and to transmit data over the Network, and/or Subscriber's data on ISP's computers, in accordance with the terms of these Subscription rules and the ISP's Acceptable Use policy which follows:
a) Any disruptive or destructive traffic of any source is absolutely prohibited. This includes unsolicited electronic mail (spamming), DOS (denial of services) attacks etc. Port scanning, attemtping to hack other systems or any other unacceptable behaviour involving use of the ISP network is prohibited. The ISP's decision in regard to what is acceptable or not, is final.
b) If any data from any source leaves the ISP and enters any other network, that data must follow the acceptable use rules of the other network (including member networks, regional or backbone networks). It is the responsibility of the Subscriber to comply with these, not ISP's.
c) ISP specifically prohibits any use or display of data or information which could be viewed as racist, sexually offensive or obscene.
d) ISP expressly prohibits the re-sale of it's services via routers, LAN cables or any other means. The Subscriber cannot compete with the ISP, and the ISP's Management system monitors and detects this.
e) ISP prohibits illegal software trading (warez) and the Subscriber is solely responsible for any legal actions taken against him by third parties on the grounds of copyright infringment. ISP cannot be held responsible for any such claims from third parties.
f)The Subscriber is responsible for controlling his/her Anonymous FTP directory. The ISP routinely patrols these directories and reserves the right to terminate this facility if we encounter illegal usage.
g) The ISP reserves the sole right to block or limit usage of any Internet based service that impedes, hinders or otherwise degrades the overall network efficiency. This may include websites or applications including You-Tube, MyVideo, Limewire, Kazaa, Napster, P2P systems including BitTorrents or any other service that the ISP determines conflicts with this clause. The ISP's decisions in this regard shall be final, and not subject to external legal process or scrutiny.
h) Use of the ISP's SMTP mail servers (mail sending) is only permitted for use with e-mail addresses assigned to domains registered with the ISP, and carried on its server(s). Subcribers may not spoof (fake) the sending address of mails sent via the ISP's SMTP servers.
i) The subscriber may not move, sell or dispose of the equipment without the written consent of the ISP, unless said equipment is owned by the subsriber. The equipment shall not be subject to any liens or torts, and remains the property of ISP until paid in full, in terms of this contract.
2. Subscriber shall pay service fees according to the Account Plan chosen upon sign-up. All charges are payable in U.S Dollars. All service fees are due in advance of service. No credit is given for partial use during the month of termination. Set up fees are non-refundable. An administration fee of $10 is charged for enabling accounts disabled for being allowed to lapse due to failure to pay before due date. Payment must be received within five (5) days of the billing date. Outstanding amounts are to be paid within 25 days, regardless of whether an invoice is sent/received Non payment of all/any amounts due, by due date, will result in the account being suspended and be subject to the $10 administration fee being levied. Invoices can be viewed at any time by logging into the Customer Portal on the website (http://eastsierra.net/services)
3. The ISP reserves the right to change these terms and conditions. The ISP reserves the right to refuse service at any time.
4. Neither Party shall have the right to use the other's name, trademark or trade name or to refer to this Agreement in connection with any product, promotion, website or publication without the prior written consent of the other Party.
5. All information exchanged between Parties shall be considered confidential.
6. This agreement will be effective upon Subscriber's first connection to the ISP's network and may be terminated by either Party immediately upon written notice to the other Party provided, however, that the provisions of Paragraphs 7 and 8 shall survive any termination. Subscriber is thus responsible for any outstanding service fees mentioned in Paragraph 9.
7. THE ISP HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OR PROPRIETY INTERESTS AND SHALL NOT BE LIABLE TO SUBSCRIBER FOR DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE PROVIDER'S HARDWARE, SOFTWARE AND SERVCIES SUPPLIED OR OFFERED during the period of service to the Subscriber.
7b. Due to the technical nature of the system, and it's exposure to the elements, the ISP cannot guarantee a 100% uptime. During electrical storms, the system may shut down for safety reasons. Service will be resumed as soon as practically possible. Planned system maintenace will be notified to the primary e-mail of each subscriber prior to any such shut down. ISP cannot be responsible for failure of its underlying service provider(s) upon which it may depend, in order to provice service to the Subscriber. Breakdowns for any reason whatsoever, shall be returned to service as soon as practically possible. No rebate,discount or refund claims will be entertained by the ISP, for any event covered in clauses 7 and 8.
8. The Subscriber shall indemnify and hold the Provider, its directors, officers, employees and agents harmless from and against any and all damages, liabilities, losses, costs and expenses, including reasonable attorney's fees arising out of or related to Subscriber's use of the Network and/or Subscriber's breach of the terms and conditions of this agreement.
9. The ISP reserves the right to disable the Subscriber's account any time if the payment is past due. On all the other occassions, the ISP should give the Subcriber a 15 days grace period to establish another service provider if the ISP has taken a cancellation decision. The Subscriber is responsible to clear all the payments until the end of the grace period. If the payments are not cleared until the end of the grace period, the accounts will be disabled by the ISP and the charges will continue until the contract is terminated in writing.
10. The Subscriber reserves the right to terminate the service and agreement with the ISP, by giving a 30-days notice to the ISP of this intention, in writing by e-mail., or via the ticket system on the Portal. The subscriber will be charged until the end of this 30 days and the account will be active until then. If no written notice is acknowledged as received by the ISP prior to the final 30 day period, then the contract will be automatically renewed The ticket system provides written confirmation automatically upon submission.
11. Failure to pay in a timely manner may result in disconnection of the Subscribers Service without notice. Any latitude or indulgence shown by the ISP in this regard may not be construed as a waiver of rights in terms of this clause. Monthly charges continue to be payable whilst upaid accounts are disconnected. Disconnected services will only be reconnected after a payment of US$10.00 by the Subscriber to the ISP or their Agents, as well as full arrear payments.
12. If a Subscriber is disconnected and does not restore his service within 30 days by full payment of arrears, then the account will be terminated and the full oustanding contract balance is legally due to the ISP. The Subscriber also accepts responsibility for any and all the ISP legal costs arising from collection of outstanding amounts due in terms of the contract. Hired equipment remains the property of the ISP. ISP equipment will be recovered on any contract terminated in terms of this clause.
13. The Subscriber accepts that the equipment installed at his premises is his own responsiblity, and he is solely responsible for insurance, maintenance and any other process needed to keep the equipment functional. ISP services or replacement of said property shall be payable in full prior to commencement of any such work. Any damage/theft/loss of the equipment will be billed to the account of the Subscriber.
14. This agreement is the sole Agreement between the Parties respecting the subject matter hereof. Subscriber has read this agreement and fully understands the terms thereof. This Agreement supersedes all prior agreements and understandings, whether oral or written. This Agreement may only be changed or terminated in writing, notice of which is to be acknowledged in writing or electronically by both Parties.
15. The Subscriber and the ISP accept the jurisdiction of the State of California, County of Mono, in respect of any legal action arising from this contract.