|
By connecting electronic computers or other devices to the Infinity-At-Home Network,
you as a Customer and/or user by doing so accept the following agreement:
Infinity AccessNET - Network Services Agreement
- Scope. This agreement outlines terms and conditions applicable between
the Purchaser or User (Customer) andInfinity AccessNET. (Infinity) regarding
the network services purchased by the Customer as specified on the Infinity-At-Home
Customer Service Order and Agreement signed by the customer. Upon notification
of this agreement, any Customer who connects or allows the connection to the
Infinity-At-Home network and/or use, directly or indirectly (such as wireless)
of any electronic device accepts the terms and conditions of this agreement.
- Service Description. The Service provides a physical connection for the
Customer to connect their PC/Computer to a network port such that they may use
the TCP/IP network protocol to access information using generic programs like
browsers and email to access (receive/send) data on the public Internet
infrastructure. The physical connection to the PC will depend on PC capabilities
and available technologies.
- Term of Agreement and Payment. This agreement begins the date service is
installed and enabled at the customer premise. Unless otherwise stated, the
service(s) are provided on a month-to-month basis. Payment for installation,
equipment, labor, or other components or services required to initiate service
are payable on or before the date of installation. Monthly service fees are
payable monthly in advance. The first month's bill will include prorated service
for the current billing cycle plus the following month. Terms are Due Upon Receipt.
- Customer Responsibility. It is the sole responsibility of the Customer to
provide, operate and maintain the necessary cabling, computer hardware and
software licenses and any other equipment used by the Customer to connect to
the Service provided by Infinity AccessNET.
- Warranties, liabilities and remedies. Infinity AccessNET agrees to make
all reasonable efforts to make the Services available to the Customer as
described in this Agreement. Infinity AccessNET MAKES NO OTHER WARRANTIES TO
THE Customer AND SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED AND EXPRESS WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THOSE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Infinity AccessNET's sole liability to the
Customer and the Customer's exclusive remedy for any breach of this Agreement
is limited to a refund equal to the Service fees paid directly to Infinity
AccessNET by the Customer for the calendar month prior to the date of the breach.
- Indemnification by Customer. Customer agrees to indemnify and hold harmless
Infinity AccessNET from any claims (including attorney's fees) resulting from
Customer's use of the service, including but not limited to any special or
indirect damages to Customer equipment.
- Access to other Networks. Access to certain networks may require the
Customer to comply with different or additional rules related to the use of
those networks. The Customer agrees to abide by any such additional or different
usage rules, including, but not limited to, those issued by Infinity AccessNET.
- Compliance with Law, Security and Use of Services. The Customer agrees to
only use the services provided by Infinity AccessNET for lawful purposes.
Customer agrees to protect and treat as confidential all access codes, passwords,
and proprietary information provided by Infinity AccessNET for access to its
services. Unlawful use of the services may result in criminal and civil liability
by the Customer and Infinity AccessNET will cooperate with law enforcement &
investigations if such violation is suspected. At its own discretion, Infinity
AccessNET reserves the right to adjust and/or prevent network transmissions, which
significantly impact the use and/or security of Customers who are directly
connected to the service.
- Email & Usenet: Sending unsolicited mail messages (with or without
attachments) including, without limitation, commercial advertising and
informational announcements, and/or including computer viruses is explicitly
prohibited. A user shall not use another site's mail server to relay mail
without the express permission of the site. Sending or posting large
distributions of email from an unknown source through an SMTP mail system relay
(also known as "SPAMMING") is explicitly prohibited. Posting the same or
similar message to one or more Usenet newsgroups (excessive cross posting or
multiple posting, also known as "SPAM") is explicitly prohibited.
- File Serving and Web Hosting: Any and all hosting and file serving,
including peer-to-peer (P2P) applications, email hosting, or applications
characteristic of server functionsare not allowed. Unauthorized use of such services constitutes sufficient grounds as
a direct violation of this agreement for which service may be denied.
- Equitable Access Policy: Infinity AccessNET services, like all other
broadband technologies, uses shared bandwidth. Actual speeds will vary based
on the amount of traffic on the Internet, the content on a particular Website,
or by the overall performance and configuration of your computer. Any stated
speeds are not guaranteed and are subject to the Infinity AccessNET Equitable
Access Policy, as follows. To
ensure equitable Internet access and performance for all Infinity AccessNET
subscribers, Infinity AccessNET proactively manages their network to provide
average fair and equitable access. These management practices are designed to
provide fair and equitable access by establishing a balance in Internet access
for all Infinity AccessNET customers regardless of their frequency or volume of
traffic usage. To ensure this equity, customers may experience some temporary
throughput limitations. There is no minimum Internet access or performance
guaranteed as part of this policy.
- Resale or Assignment: Resale of this service without the prior written
consent of Infinity AccessNET is expressly forbidden. The Customer shall not
sell, transfer or assign this Agreement to any other party. Infinity AccessNET
reserves the right to sell, transfer or assign this Agreement without the prior
written or oral consent of Customer.
- Termination of Agreement: Infinity AccessNET reserves the right to
disconnect the Customer's service and terminate this agreement if customer
payment is not received within 15 days of receipt of invoice. The Customer
or Infinity AccessNET may terminate this agreement with 15-days written notice.
DIRECT OR INDIRECT VIOLATIONS OF THE POLICIES HEREIN BY THE CUSTOMER, OR A THIRD
PARTY ON BEHALF OF THE CUSTOMER, ACTUAL OR ATTEMPTED, SHALL BE CONSIDERED
VIOLATIONS OF THE POLICY BY SUCH CUSTOMER. UNDER ANY SUCH VIOLATION Infinity
AccessNET MAY DISABLE THE COMPONENT RESPONSIBLE FOR THE VIOLATION AND/OR TERMINATE
SERVICE AND THIS AGREEMENT IMMEDIATELY WITHOUT REFUND OF ANY PREPAID SERVICE FEE.
Infinity AccessNET reserves the right to update and modify these terms and
conditions. The most recent agreement will be posted at
http://www.infinityathome.net, or is available by contacting Infinity AccessNET
at sales@infinityathome.net.
|