ILLINOIS RURAL TELECOMMUNICATION CO./CUSTOMER AGREEMENT
In order to begin service, you must review the following terms and conditions governing Provider's Internet access service (the "Service"). These terms and conditions will constitute a binding contract (the "Agreement") between you and Provider. They explain Provider's obligations to you, and explain your obligations to Provider when you use the Service. You agree that your use of the Service and your access to the Internet is provided in consideration of your agreement to abide by the following terms and conditions.
I. Membership Rights and Responsibilities
- By completing enrollment and accepting all of the terms of the Agreement, you become an authorized user of the Service ("Membership"). Continued acceptance of this Agreement is a condition of Membership. You are responsible for complying with all terms and conditions of this Agreement, and with all policies and guidelines posted on the Service.
- You agree that Provider may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon posting the revised Agreement on Provider's home page, or upon notification to you by e-mail or United States Mail.
- You agree to review the Agreement periodically to be aware of any such revision. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by contacting Provider through the following means: (1) e-mail; (2) telephone; (3) U.S. mail
- Continued use of the Service following notice of any revision of the Agreement constitutes your acceptance of any and all such revisions.
- You are personally responsible for all use of the Service under your ID, even if you allow someone else to use your ID. Illegal, fraudulent or abusive use of any ID or of the Service is grounds for termination of Membership, and may be referred to law enforcement authorities. Enrolling or using any ID on the Service under a name other than your own is prohibited.'
- You are personally responsible for keeping any and all IDs or passwords for Provider services private. You must promptly inform Provider if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Service. Until Provider is notified of a breach of security you will remain responsible for any unauthorized use of the Service occurring under you ID and/or password.
- You agree that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission of unauthorized transaction, copyrighted materials, misappropriated trade secrets, and threatening or obscene materials. Provider reserves the right (but is not obligated) to review and edit any material submitted for display or placed on the Service, excluding private electronic messages. Provider may refuse to display or may remove from the Service any material that Provider believes violates this Agreement or any policies or guidelines posted by Provider on the Service. Provider may also remove any material it deems harmful to others subscribers, merchants, information providers, the Service or the business interests of Provider.
- Unless your account provides otherwise, your account cannot be used for dedicated Internet access. Provider reserves the right to terminate your on-line connection if the connection is not active.
- You are personally responsible for any long distance telephone charges incurred by you for calls made to access the service of Provider.
- Except for public domain material, all material contained on the Service is copyrighted. You may not reproduce, or redistribute such material, in whole or in part, in any manner, without prior consent of the copyright owner, unless specifically permitted.
- You agree not to post or transmit works that are subject to another party's rights, on or through the Service, without that party's express permission. Such posting or transmitting:
(1) will result in termination of this Agreement and
(2) may result in civil or criminal liability.
III. No Warranty
- You acknowledge and consent that Provider exercises no control or censorship of third party content. Use of any information obtained via the Service is at your own risk.
- Provider expressly disclaims any and all loss or liability resulting from, but not limited to:
(1) loss of data; (2) loss of hardware or software; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-deliver; (6) any other loss or liability resulting from the negligent acts and/or omission of Provider or Provider's affiliated companies; (7) loss or liability resulting from errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service; and (8) loss or liability resulting from acts of God.
- YOU AGREE THAT PROVIDER'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO USE OF THE SERVICE, SERVICE SOFTWARE, AND ANY BREACH OF THIS AGREEMENT IS STRICTLY LIMITED TO A PRORATED PORTION OF THE AMOUNT PAID TO PROVIDER FOR MONTHLY MEMBERSHIP FEES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES, PROVIDER'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- PROVIDER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- You agree to defend, release indemnify, and hold Provider, its affiliated companies and licensers, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees arising from breach of the Agreement by use of, or in connection with, the posting or transmission of any content by or through your account on the Service.
- You agree that Provider has the right, but on the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.
V. Data Security
- You are responsible for the protection of your data. The Internet is not a secure system. Data can be, and often is, viewed by third parties. Private or confidential information should not be placed on the system or if it is you should take steps to protect such information by using encryption technologies. You understand and assume the risk that any transmission over the Service may be interrupted, intercepted or destroyed.
VI. Fees and Payment
- You are responsible for any and all fixed and cumulative charges to your account. The first month's fee, account start-up fee and software are due upon account setup. On the first day of each month, your account will be charged the monthly access fee plus any accumulated charges for the past month. Failure to use the Service does not relieve you of payment obligations.
- All fees and charges are payable in accordance with the billing terms in effect at the time the fees or charges become payable. Provider may require you to make payments by a major credit, debit or charge card.
- If you make payment through credit card, you agree to allow Provider to bill such card on each successive billing date without obtaining your permission after the initial charge. You shall notify Provider of any changes in credit card number or expiration date. If the card is not honored for any reason Provider will attempt to notify you by using the telephone information given during account setup. Provider will call you ONE time to arrange an alternative billing arrangement. If an alternative billing arrangement has not been established with seven (7) days, the account may be terminated. Re-establishment of the account may be subject to a reconnection fee.
- If payment is by check, payment due dates will be indicated on your invoice. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If the payment is not received within seven (7) days of the due date, service will be terminated and a re-connection fee may be added to charges for further service.
VII. Termination of Membership
- Either you or Provider may terminate the Membership at any time and without cause. Only the person whose name is on the account will be able to cancel an existing account.
- Upon termination of your account, Provider has the right to delete all data, files or other information that is stored on Provider's computers regarding your service.
- Upon termination of your account, Provider will refund any unused portion of prepaid fees or charges less any early termination charges, after satisfying any outstanding balances owed Provider.
- Provider's termination or suspension of service to you also constitutes termination or suspension (as applicable) of your license to use Provider's software.
- You agree that this Agreement constitutes the entire understanding between you and provider, and supersedes all previous representations, agreements or understandings.
- You agree that, if any portion of this Agreement is held invalid or unenforceable, the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect. The Agreement will be governed by the laws of the State in which you live, excluding its conflict of laws.
IX. Member Registration Requirements
You agree to provide Provider with accurate, complete, and updated registration information. Your failure to provide accurate registration information constitutes unauthorized use of the Service and your account may be terminated immediately.