|
Payments and past due accounts.
All collection fees and/or cost to recover service fees owed will be paid by you the customer. If
we use small claims court to collect past due fees $250.00 will be added
for court fees, time and associated collection cost.
ACCOUNT CANCELLATION IS TO BE DONE VIA REGISTERED MAIL
OR EMAIL with a confirmation reply from NCW-Online.
-
You are obligated to pay NCW-Online the agreed upon
fees for Internet Service until NCW-Online receives notification
from you via registered mail or Email with a confirmation reply from
NCW-Online.
-
Until these cancellation terms are satisfied Internet
Service fees will continue to accrue and be payable.
-
NCW-Online incurs cost
from the PUD and our bandwidth service providers on your behalf when
we provision and start your internet service. For this reason we
must adhere to the terms described above for service cancellations.
We must terminate your internet service with the pud and our
bandwidth service providers or we will continue to be charged for
your internet connection. Because of this we must continue to charge
you for Internet Service until you satisfy the cancellation terms
stated above.
Email address for service cancellation is ncwonline at
gmail.com
NCW-Online Internet service does not extend credit.
Internet access is to be paid for each
month in advance or account access will be terminated until payment is
received.
1. DEFINITIONS:
(a) "Subscriber," as used herein, means an individual, a corporation, or a legal entity who incurs
usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.
(b)
"User," as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.
2. SERVICE:
NCW-Online will provide Subscriber and its Users analog or digital access to the Internet, depending upon the rate plan selected (the "Service"), subject to conditions generally beyond the control of
NCW-Online, including the type and condition of the equipment (personal
computer, modem, etc.) of Subscriber and/or its Users. Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to
equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service.
3. ACCEPTABLE USAGE OF DIAL-UP ACCOUNTS:
Subscriber and its Users agree to use dial-up accounts solely on an active "dial-up" basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Subscriber and its Users shall abide by the following provisions regarding usage
(a) Dial up accounts are based upon an average
account usage (online time) of 40 to 60 hours per month.
Accounts using 150 hours or more per month (time online) will be considered
commercial or business accounts and assessed additional charges of $5.00
per month. If your dial up plan is $16.95 then your total charges for the
month you exceed 150 hours will be $21.95. Dial up accounts will "time
out" at 150 hours. You must agree to pay the additional charges of
$5.00 via credit card at the time your account is re-activated or your
account will remain suspended until we receive your payment.
(b) A dial-up account may be used for World Wide Web browsing, reading or posting to Usenet (see Section 13 below) newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.
(c) A dial-up account shall not be used to host a dedicated server site on the Internet.
(d) A dial-up account shall not be accessed simultaneously by multiple users using the same User
Name.
(e) A dial-up account has only
two
mailboxes for incoming electronic mail unless additional mailboxes have been
purchased
or
your
service
plan
includes
more
then
two.
(f) Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection. Automated
email
checking
may
be
used
but
you
must
set
your
system
to
hang
up
between
email
checking
times.
(g) User Names will be issued to Subscriber by NCW-Online based upon availability. If the User Name is surrendered by Subscriber for any reason,
NCW-Online shall not be obliged to reserve that name.
(h) NCW-Online shall not be obligated to retain electronic mail for longer than one month.
(i) A dial-up account
Does
not
include
server space for Subscriber Web pages unless additional Web space has been purchased or
the
plan
you
have
subscribed
to
expressly
states
web
space
is
included. And no such space shall be available for accounts that are promotional until they become billable accounts (unless such space is made available during the promotional period, at
NCW-Online's sole discretion).
4. ACCEPTABLE USAGE OF BROADBAND (FIBER) ACCOUNTS:
All broadband access is based upon a shared bandwidth system. This works
because enough bandwidth is allocated to serve all customers under normal
internet usage.
Normal usage consist of browsing the internet and doing some downloading
and uploading of files.
Activity not allowed is placing a server online from a residential
internet access account.
Using p2p programs such as KaZaA, Morpheus, Bearshare, Gnutella, eDonkey
and Bittorrent or similar programs are expressly forbidden, these are all
p2p file sharing programs that turn your computer into a file server.
Normal usage is considered to be 10 gigabytes per month or less.
Usage in excess of 10 gig per month will be billed at $2.50 per
gig.
p2p
file sharing programs can result in 10 gig or more in bandwidth usage
per day. These p2p programs allow hundreds of users to logon and download files
from your computer at the same time and on a continuous basis. This
activity results in your bandwidth usage going up 1,000 times or more.
If we detect the usage of these programs you will be responsible for all
excess bandwidth usage resulting from your activity with these systems.
This could result in you being responsible for hundreds of dollars in
bandwidth cost per month.
If we detect people logging on to your computer and downloading files we
will terminate your internet service immediately then asses and bill you
for the excess bandwidth cost incurred beyond 10 gigabytes per month.
Service fees paid will not be refunded due to violation of our terms of
service and resultant termination of your account. Excess cost of bandwidth
used will be billed to you. Legal means will be utilized to collect all
cost incurred due to your unauthorized activity and excess bandwidth usage.
Court fees and collection cost plus $2.50 per gigabyte excess bandwidth
fees will be assessed and collected.
5. INACTIVITY DISCONNECT POLICY (dial up only):
NCW-Online reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by
NCW-Online through electronic means. This time is approximate and subject to change without notice in
NCW-Online's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are
not limited to, "pinging" the mail server, employing electronic or software autodialer features to
maintain an active connection or repeatedly checking for e-mail by auto log-in to the mail server.
NCW-Online reserves the right to electronically audit connections to enforce the above requirements.
6. ACCESS:
Service access will be provided via a local telephone number where available.
NCW-Online is not responsible for any toll or other charges in the event service access is not provided via a local telephone
number.
7. PRICE:
Subscriber shall pay to NCW-Online the charges associated with the rate plan selected, including applicable
taxes. If service access is not provided via a local telephone number, Subscriber
is
responsible for toll or other charges.
8. PAYMENT:
Subscriber shall be billed on a monthly
basis. Payment will be deemed made when received by NCW-Online. All
payments are due on the 1st of each month.
We reserve the right to place your account ON
HOLD and deny access if payment is not received by the
15th day of the month. This will be done at our sole discretion. If you are
placed on hold for slow payment we may at our discretion require you to use
the credit card auto pay payment option or pay your account on a quarterly
term in order to continue service with NCW-Online.
9. TERM AND TERMINATION:
This Agreement becomes effective upon registration of Subscriber's login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided herein. This Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. In the event Subscriber terminates the Service hereunder, then without limitation to any other remedy
NCW-Online
may have, Subscriber will pay to NCW-Online upon discontinuance of the Service a termination charge equal to the applicable monthly rate times the number of months remaining in the term.
10. CREDIT:
There shall be no credits, reductions, or setoff against the charges for Service for
downtime or interruption of Service unless such Service interruption exceeds 24 hours in duration.
NCW-Online shall provide Subscriber with a credit equal to 1/30 of the recurring monthly charge for Service for each twenty-four hour period from the time of notice of interruption until Service restoration, provided Subscriber notifies
NCW-Online of the Service interruptions. No adjustments shall be made by accumulating periods of non-continuous interruption. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in the Service caused by the negligence or willful act of Subscriber or others, or mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment or of Service as described in Section 2.
11. LIMITATION OF LIABILITY:
NCW-Online SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY
NCW-Online, FAILURE OF
COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF
NCW-Online, NOR SHALL NCW-Online BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE
NCW-Online FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE.
NCW-Online's PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
NCW-Online SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL
NCW-Online BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF
BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF NCW-Online
FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE,
SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR.
NCW-Online MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
12. INDEMNITY:
Subscriber and User shall indemnify and hold harmless NCW-Online from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of the Service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use,
including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortious behavior. Subscriber agrees to indemnify
NCW-Online along with any parties from whom NCW-Online obtains network
services, and to hold them harmless from any claims resulting from the use of the Service by
Subscriber or its Users that damage another party or that violate the law.
13. SUBSCRIBER RESPONSIBILITY: READ THIS SECTION YOU ARE LEGALLY
LIABLE FOR THESE ACTIONS!
Subscriber shall ensure that its Users shall comply with the terms and conditions of this Agreement. Any access to other networks connected to
NCW-Online's network must comply with the rules of the other networks. Subscriber shall not use or permit its end users to use the Services in ways that violate laws, infringe the rights of others, interfere with users of our network or other networks, or otherwise violate our Acceptable Use Policy set forth
here.
For example, you shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; distribute child pornography, obscenity or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. Subscriber further agrees to comply with U.S. export laws concerning the
transmission of technical data and other regulated materials via the Services.
If you violate this agreement and damages occur
and are assessed to NCWonline you will be liable for any and all said
damages caused by your actions and required to pay for these damages
including all court cost if any to collect said damages.
Sending unsolicited email (Spam) can result
in every address ending with our domain name(s) to be banned and to become
unusable for sending any and all email through the internet. If you send
unsolicited email and cause any of our domains to be banned you will be
required to pay the sum of ten thousand dollars ($10,000) per domain or the
total cost of time and legal proceedings to reverse the banning of the
domain name.
All connections to the internet are
tracked and recorded with caller ID and time online recorded.
Under normal circumstances these records are used for billing and problem
resolution but under the circumstances of illegal activity these records
can and will be used to track and assign responsibility for illegal
activity. These records will also be turned over to US Law enforcement
authorities upon request when proper procedures (court orders) are followed
by said authorities however we will not turn over these records without due
cause and procedure.
14. USE OF SERVICE:
Subscriber and its Users agree to abide by and comply with the following terms and conditions:
(a) Misuse of Service: Subscriber and its Users shall not use the Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of the Service by any of
NCW-Online's customers. Subscriber and its Users shall not distribute chain letters
Spam or "junk" mail (any unsolicited mail of a business or commercial nature) or engage in "Ponzi" or "pyramid" schemes. The Service and underlying network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. In addition,
NCW-Online generally reserves the right in its sole discretion to either temporarily discontinue, or permanently terminate furnishing the Service upon notice to Customer in the event Customer uploads any information that is libelous, defamatory or that violates or infringes any right of privacy of any Persons; uploads any messages, data, images or programs that are indecent, obscene or pornographic; use the facilities and capabilities of
NCW-Online to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of
NCW-Online or any third party; or upload any information, messages, data, images or programs that is discriminatory or otherwise offensive as determined by
NCW-Online in its sole discretion.
(b) INTERFERENCE WITH THE RIGHTS OF THIRD PARTIES:
In the event that NCW-Online receives notice from a third party, or in the event that
NCW-Online reasonably believes, that Subscriber's or any User's use of the Service, either alone or in connection with products or services of others, constitutes, causes, results in, induces or contributes to either (i) defamation, invasion of privacy, or unfair competition, or (ii) misuse, misappropriation or infringement of any patent, copyright, trademark, trade secret or other proprietary or intellectual property right of such third party, then
NCW-Online shall have the right, in its sole and exclusive option and discretion, without prior notification to Subscriber or to User(s), and without limiting any other rights or remedies
NCW-Online might have or incurring any obligation or liability to Subscriber or to User(s), to temporarily discontinue or permanently terminate, in whole or in part, furnishing of Services to Subscriber or to User(s).
(c)
Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to dial-up customers of
NCW-Online. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subjects and established guidelines and restrictions of the newsgroup. All such Usenet guidelines and restrictions are hereby incorporated herein by reference and Subscriber and its Users
unconditionally agree to adhere to them. These guidelines and restrictions include, but are not limited to, the following:
- Only post articles that are relevant to the newsgroup. Inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols.
- Most newsgroups do not allow commercial postings. Users should verify this restriction before making any such posting.
- Blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups' subject are forbidden.
- Chain letters are not allowed to be posted.
- Unauthorized creation of newsgroups is prohibited.
(d) Harm To Equipment, Software and Processes: Subscribers agree unconditionally to not cause harm to
NCW-Online or third party equipment, software, or processes used in connection with furnishing the Service. In addition to constituting a default under this Agreement, any breach of this provision may result in civil and/or criminal penalties pursuant to applicable local, state and federal law.
(e) Content, Accuracy of Information: NCW-Online and its affiliates, along with any parties from whom
NCW-Online obtains network services, exercises no control whatsoever over the content of the information passing through
NCW-Online's network. NCW-Online makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the
NCW-Online network is at Subscriber's and its Users' own risk or the risk of their affiliates.
NCW-Online specifically denies any responsibility for the accuracy or quality of information obtained through
its Service.
(f) Offensive and/or Harmful Information: The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that Subscriber and/or Users may consider obscene and/or harmful. Subscriber and/or Users agree to not hold
NCW-Online responsible for sites and postings that could be considered obscene, lewd, offensive, and/or harmful. Subscribers are responsible for their own monitoring and viewing habits and their Users, including minors.
NCW-Online does not block, filter or screen postings or sites on the Internet in whole or in part.
15. DEFAULT:
Upon a default by Subscriber NCW-Online may, in its sole discretion, without prior notification and without limiting its remedies or incurring any liability to Subscriber, either temporarily discontinue or permanently terminate the furnishing of Service to Subscriber in whole or in part. "Default" means any failure by Subscriber to comply with any term of this Agreement, including without limitation, failure to make timely payment of any amount due
NCW-Online or failure to comply with the restrictions on use of Service set forth in Section 13. Where Subscriber's equipment is used with Service provided by
NCW-Online in violation of any of the provisions herein, NCW-Online will notify Subscriber and take such action as is necessary for the protection of the Service for use by its other customers. Subscriber shall discontinue such use of the equipment or correct the violation immediately and shall confirm in writing to
NCW-Online within five days that such use has ceased or that the violation has been corrected, and if Subscriber fails to do so,
NCW-Online will disconnect Subscriber's Service, without any credit allowance, until such time as Subscriber complies with the provisions hereof.
NCW-Online reserves the right to charge a reconnect fee
of
not
more
than ten dollars for any discontinued
Service that is subsequently reconnected.
16. NO WARRANTIES.
NCW-Online makes no warranties, express or implied, with respect to the Services provided pursuant to this Agreement, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. No representation or statement made by
NCW-Online or any of its agents or employees, oral or written, including, but not limited to, any specifications, descriptions or statements provided or made to Customer by
NCW-Online shall be binding upon NCW-Online as a warranty or otherwise.
17. EQUIPMENT:
Subscriber shall be responsible to provide for the proper installation, operation, and maintenance of Subscriber's equipment used in connection with the Service, and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable Federal Communications Commission rules and regulations.
18. RESOLUTION OF DISPUTES:
(a) The parties desire to resolve disputes arising out of this Agreement without litigation
except in matters concerning past due accounts and collections of
amounts owed by you the customer. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any
controversy or claim arising out of or relating to this Agreement or its breach.
(b) Except in matters concerning past due accounts and
collections of amounts owed by you the customer the following will
apply: At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by non-lawyer, business
representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated
as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise
admissible, be admitted in evidence in the arbitration or lawsuit.
(c) Except in matters concerning past due accounts and
collections of amounts owed by you the customer the following will
apply: If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of 35 (none of which may have subparts) of the following: interrogatories, demands to produce documents and requests
for admission. Each party is also entitled to take the oral deposition of one individual of another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in
Wenatchee,
Washington. The arbitrator shall control the scheduling so as to process the matter
expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
(d) Except in matters concerning past due accounts and
collections of amounts owed by you the customer the following will
apply: Each party shall bear its own costs of these procedures. A party seeking discovery shall reimburse the responding party the costs of production of documents (to include search time and reproduction costs). The parties shall equally split the fees of the arbitration and the arbitrator.
19.MISCELLANEOUS:
This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the state of
Washington. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof.
NCW-Online may amend the terms and conditions of this Agreement by giving Subscriber 30 days' prior online notice. This Agreement is subject to modification by any authorized regulatory agency.
NCW-Online may assign this Agreement without limitation, but Subscriber may not assign this Agreement without
NCW-Online's
prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted
assigns.
When
you
sign
up
for
Internet
Access
with NCW-Online you
must
agree to these terms of service.
If you do not agree then your recourse is to cancel your service.
We do not make exceptions to these terms of service on a case by
case basis.
|