CRESTVIEW'S INTERNET SERVICE AGREEMENT
1. INTRODUCTION
By using this Internet service ("Service") or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the "Terms of Service"). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. We, your Internet service provider, Crestview Cable Communications ("Crestview"), preserve the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any and all changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitute your acceptance of those revisions.
2. SUBSCRIBER OBLIGATIONS
(A) End users establishing an account with Crestview ("Members") must be at least 18 years old.
(B) Members must (i) provide Crestview with accurate and complete billing information including legal name, address, telephone number, and credit card/billing, and (ii) report to Crestview all changes to this information within 30 days of the change. Members are responsible for all charges to their account.
(C) Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. Crestview is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Crestview.
(D) If Crestview has failed to pay any underlying service provider all amounts owing for your account - whether or not you have paid Crestview -your account will be subject to suspension or cancellation until you or Crestview has paid all amounts due.
(E) Delinquent accounts may be suspended or canceled at Crestview's sole discretion. Modem rental charges, if applicable, will continue until the modem is returned to Crestview.
3. MEMBER'S ACCOUNT, PASSWORD AND SECURITY
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your Crestview account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify Crestview within 24 hours of discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at Crestview's discretion, be transferred to a compressed temporary file or storage. Crestview may delete the temporary file from the server 60 days after notifying you. Any Member Web site exceeding 10MB of disk space or 250MB of data transfer will be billed for excess usage. You may establish a commercial or high-volume account by Crestview. Usernames, passwords and email addresses are Crestview's property and Crestview may alter or replace them at any time.
4. MONITORING THE SERVICE
Crestview has no obligation to monitor the Service, but may do so and may disclose information regarding the use of the Service for any reason if Crestview, in its sole discretion, believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. Crestview may immediately remove your material or information from Crestview's servers, in whole or in part, which Crestview, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Crestview Internet Service Agreement.
5. DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CRESTVIEW, CRESTVIEW DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. CRESTVIEW HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRESTVIEW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CRESTVIEW MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CRESTVIEW OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CRESTVIEW OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CRESTVIEW, EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT), NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CRESTVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CRESTVIEW'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by Crestview, you agree to defend, indemnify, and hold harmless Crestview and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Crestview reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Crestview in asserting any available defenses.
8. SOFTWARE LICENSE
Crestview grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use Crestview access software (including software from third-party vendors that Crestview distributes) (in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose. Crestview may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member. The Licensed Programs constitute confidential and proprietary information of Crestview and Crestview's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Crestview and Crestview's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof. You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
9. EQUIPMENT
(A) Members who choose to lease a cable modem ("modem") from Crestview Cable shall use the modem in a careful and proper manner and only for obtaining access to the Internet. The agreement includes not opening the modem, creating a safety hazard, or modifying the normal operation and use of the modem.
(B) Members agree that if they default or breach this Agreement, to pay $200 to Crestview for the modem and any other sums owed which are not paid when due.
(C) The member agrees to use the modem solely at the current address and not move it from there without Crestview's prior written consent.
(D) The member agrees to be responsible for all modem rental charges incurred prior to the return of the modem to Crestview. In addition, the member will return the modem in the same condition in which it was delivered by Crestview, except for reasonable wear and tear from authorized use. The risk of loss or damage (beyond normal wear and tear) is borne by the user. Crestview will provide any routine maintenance of the modem. If Crestview must repair any damage to the modem due in whole or in part to the member's acts or omissions in violation of this Agreement, the member agrees to pay the standard rates for time and materials or pay $200 to cover the cost of the modem.
(E) This agreement does not give the member any interest, title or license in the user ID, electronic mail address, Universal Resource Locator ("URL"), domain name or modem (if leased from Crestview) that is used with the service.
10. WEBSITE USAGE and OTHER WEB SITES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Crestview has no control over such sites and resources, you acknowledge and agree that Crestview is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Crestview shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Crestview. Crestview assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Crestview harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Crestview from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. Crestview will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to Crestview to use on the Website, will be deemed to be a grant by you to Crestview of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
11. TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.
12. TERMINATION
Crestview reserves the right, in its sole discretion, to terminate your account, your password and your use of the Service, with or without notice. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Crestview by:
* telephone calls directed to Customer Service.
* registered or certified mail, return receipt requested addressed to Crestview.
Email termination of your basic Internet access account will not be accepted. If your account included space on Crestview's servers, anything stored on this space will be deleted upon termination.
Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, 12 and 13 of this Agreement shall survive termination of this Agreement.
13. THIRD PARTY BENEFICIARY
YOU AGREE THAT ANY UNDERLYING SERVICE PROVIDER OF CRESTVIEW'S SERVICE IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO CRESTVIEW DESCRIBED HEREIN.
14. MISCELLANEOUS
This Agreement posted on Crestview's website, http://www.24hoursupport.com/crestview, constitutes the entire agreement between you and Crestview with respect to your use of the Service. Crestview may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective immediately after Crestview posts it at website for the policy.
This Agreement is governed by the law of the state in which Crestview operates its main office without regard to conflict of law provisions. The federal and state courts located in said state alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service.
You consent to the personal jurisdiction of such courts sitting in said state with respect to such matters or otherwise between you and Crestview, and waive your rights to removal or consent to removal.
Ver. 01/2001