UNION-HI-SPEED’s
ACCEPTABLE USE POLICY.
PLEASE
READ CAREFULLY PRIOR TO USING UNION-HI-SPEED’S INTERNET SERVICES.
UNION-HI-SPEED
provides certain Internet services ("the Services") through standard
wireless Internet access ("Wi-Fi"). Any user who wishes to use the
Services ("Customer") agrees to be bound by these terms and
conditions of use ("Terms and Conditions"), UNION-HI-SPEED’s
acceptable use policy ("Acceptable Use Policy" or "aup")
located at
http://www.union-hi-speed.com/aup.htm
and other policies, all of which are subject to change from time to time. If
you do not agree to the Terms and Conditions, aup or other policies, including
future revisions, you may not use these Services, and if you are a current
Customer you must terminate your use of the Services immediately. Any future
revisions to these Terms and Conditions, aup, or other policies will be posted
on UNION-HI-SPEED’s website at http://www.union-hi-speed.com/aup.htm
Customer
must be at least 18 years old. Customer shall be responsible for obtaining and
maintaining any equipment needed to access, connect to, or use the Services.
Services provided by UNION-HI-SPEED are for the sole use of the Customer and
not to be resold to any other person or sharing such service with anyone not in
the same household without prior written consent of UNION-HI-SPEED which may be
given at UNION-HI-SPEED’s sole discretion. In the event the Customer attempts
to resell the Services, UNION-HI-SPEED’ may, at its sole discretion, increase
the fees associated with Services, or terminate the Services altogether.
Customer
agrees to pay all charges to Customer's account, including applicable taxes and
charges to recover taxes paid, in accordance with billing terms in effect at
the time the fee or charge becomes payable. Customer agrees to provide
UNION-HI-SPEED with accurate and complete billing information, including
Customer's legal name, address telephone number and credit card information.
Customer agrees to report to UNION-HI-SPEED all changes to this information
within thirty (30) days of any change, including any change in the expiration
date of Customer's credit card. The recurring monthly fee is due and payable in
advance of the first day of each monthly billing period for which the Customer
has purchased Services, with the first payment due and payable on the
activation date of the Services. Customer agrees to pay a fee for processing
unpaid checks or rejected credit cards. Monthly fees are non refundable. The
initial payment may include non-recurring installation charges including, but
not limited to, equipment, inside and/or outside wiring and installation fees.
Delinquent accounts are subject to immediate termination or suspension of
Services at the sole discretion of UNION-HI-SPEED. If payment is not received
by UNION-HI-SPEED within five (5) days from the date payment is due, a
Customer's account is considered delinquent and Customer will be subject to a
late payment fee of 1.5% per month on the outstanding balance on Customer's
account or $15 dollars, whichever is greater (not to exceed the maximum rate
permitted by law). Customer is also responsible for all attorney and collection
fees arising from UNION-HI-SPEED’s efforts to collect any unpaid balance.
Customer
agrees not to use the Services in a manner prohibited by any federal or state
law or regulation. While UNION-HI-SPEED is under no obligation to monitor the
Services,
UNION-HI-SPEED
may do so from time to time and UNION-HI-SPEED may disclose information
regarding Customer's use of the Services for any reason and in its sole
discretion in order to satisfy applicable laws, regulations, governmental
requests, or in order to operate and deliver the Services in an effective
manner. UNION-HI-SPEED may immediately remove from it's servers any materials
or information in whole or in part, which UNION-HI-SPEED, in it's sole and
absolute discretion, determine to infringe another's proprietary rights or to
violate UNION-HI-SPEED’s Acceptable Use Policy.
As most
residents of our little community know, there is limited bandwidth in the area.
While the service we provide is relatively fast, we ask that our customers
refrain from the abuse of downloading large amounts of music and video files.
If we find the bandwidth being abused by such activity, the abuser will be
asked only once to refrain from this abuse. If the abuse continues, said
customer will be blocked from our Service.
UNION-HI-SPEED
agrees to comply with the terms of UNION-HI-SPEED Privacy Policy as set forth
on UNION-HI-SPEED’s Website at http://www.union-hi-speed.com/privacy.html, as
may be amended from time to time.
IP
addresses are not portable and are not assigned for independent administration
or distribution. Customer understands that IP assignments are not guaranteed,
and may be modified as required by UNION-HI-SPEED and/or the American Registry
of Internet Number (ARIN).
Customer
agrees to use and pay for Services for the duration of the period agreed to
when Customer places an order for Services (the "Initial Term").
Customer may terminate the Services at the end of the Initial Term or at any
time during any successive term by providing not less than (30) days written
notice to UNION-HI-SPEED. Termination notice must be sent to:
UNION-HI-SPEED
INTERNET SERVICE, attn. Richard L. Whitmore, 6747 State Highway 56, Athens,
Ohio 45701 or you may call UNION-HI-SPEED at 593-3683.
THE
INTERNET SERVICE IS PROVIDED ON AN "AS IS " AND "AS
AVAILABLE" BASIS. UNION-HI-SPEED MAKES NO WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR
ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY.
THE INTERNET CONTAINS UNEDITED MATERIALS, WHICH MAY BE SEXUALLY EXPLICIT, OR
MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER
UNDERSTANDS AND ACKNOWLEDGES THAT UNION-HI-SPEED EXERCISES NO CONTROL OVER THE
NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH
ITS NETWORK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE
COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY UNION-HI-SPEED, ITS DEALERS, AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR
ADVICE. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES
PROVIDED BY UNION-HI-SPEED, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT
CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT UNION-HI-SPEED PROVIDES NO
WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN
PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF UNION-HI-SPEED,
OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
UNDER NO
CIRCUMSTANCES SHALL UNION-HI-SPEED BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF
CUSTOMER'S OR THIRD PARTY'S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF UNION-HI-SPEED’S HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNION-HI-SPEED’S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UNION-HI-SPEED RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER
AT ANY TIME WITH OR WITHOUT CAUSE.
In order
to resolve a complaint regarding the Services or to receive further information
regarding the use of the Services, Customer agrees to first contact UNION-HI-SPEED,
attn. Richard L. Whitmore, 6747 State Highway 56, Athens, Ohio 45701-9021 or you may call
UNION-HI-SPEED
at 593-3683.
These
Terms and Conditions, the aup, the Privacy Policy and other policies contain
the entire agreement and understanding concerning the Services and supersede
all prior negotiations, proposed agreements, and all other agreements, whether
electronic, written or oral. The Terms and Conditions may be modified at any
time by UNION-HI-SPEED and the latest version of the Terms and Conditions may
be found at http://www.union-hi-speed.com/aup.html. A printed version of these
Terms and Conditions and of any notice given in electronic form shall be
admissible in judicial or administrative hearings based upon or relation to the
Terms and Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.
All Terms
and Conditions shall be binding upon, inure to the benefit of, and be
enforceable by the respective successors and permitted assigns of Customer.
Except as specifically stated herein, neither these Terms and Conditions nor
any of the rights, interests or obligations of Customer shall be assigned or
delegated without prior written consent of UNION-HI-SPEED. Any unauthorized
assignment or delegation shall be null and void.
These
Terms and Conditions, the aup and other policies shall be construed in
accordance with the laws of the State of Ohio (excluding rules regarding
conflicts of law) and the United States of America.
In the
event that it is determined by a court of competent jurisdiction as a part of a
final non-appealable judgment that any provision of these Terms and Conditions,
the aup, or other policies (or part thereof) is invalid, illegal, or otherwise
unenforceable, such provision will be enforced as nearly as possible in
accordance with the stated intention of the parties, while the remainder of
which will remain in full force and effect.
Customer
shall indemnify, defend and hold UNION-HI-SPEED harmless against any and all
claims, losses, damages and liabilities and expenses, including reasonable
attorney fees, sustained by UNION-HI-SPEED resulting from, arising out of, or
connected with the use or misuse of the Services by the Customer.