EONramp TERMS AND
CONDITIONS
Legal Mumbo Jumbo....
1.Customer's use of EONramp network services constitutes Customer's
acceptance
of all Terms and Conditions. Customer is
hereby defined as any person
or entity utilizing any service on the EONramp network.
2.It is the sole responsibility of the customer to determine if
the provided
EONramp access telephone number(s) will be a local
telephone call. Customer
is responsible for all phone charges incurred in
connecting to the EONramp network. These
include local messages units that may be applied
to certain measured
residential and business telephone lines.
3.Conferred rights and benefits thereof are non-transferable. Use of
EONramp
network is expressly limited to Customers in good standing.
4.All EONramp dialup access accounts are defined as follows:
Non-Dedicated Dial-up Connection
(Standard EONramp Dial-up Account)
Defined as a client based single-user attended access account. Attended
access is
defined as interactive use of an established Internet connection by the
account holder.
Interactive use requires the physical presence of the account holder; in
other words,
attended access. Pings, bots, and auto-checkers used to keep connections
running for
unattended use are prohibited. Single-user is defined as one concurrent
login per
access account holder. Multiple concurrent logins for a single-user account
will be
considered a request for an additional Internet access account and will
be billed
accordingly. Use of a non-dedicated dial-up connection for the purpose
of running any
type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user
local area
network (LAN) to the Internet is expressly prohibited.
Dedicated Connection:
Defined as client and/or server-based multi-user attended
or unattended access account.
A dedicated Internet access account connection may be utilized for the
purpose of
running Internet servers, such as Web, Chat, FTP, etc.
1.Unless expressly authorized under terms of written contract, account
sharing, for
any type of account offered by EONramp is strictly prohibited
and shall be cause for immediate termination of service. Discounts may
be
available for multiple accounts.
LIMITATION OF LIABILITY, WARRANTY, AND SUITABILITY
2.EONramp exercises no control whatsoever over the content of the information
passing through the EONramp network. EONramp makes no warranties
of any kind,
whether expressed or implied, for the service it is providing. EONramp
also disclaims any
warranty of merchantability or fitness for a particular purpose. EONramp
will not be
responsible for any damage you suffer from use of the EONramp network,
the Internet or
Internet connection issues unresolvable via regular technical support channels.
Computer problems,
upstream outages etc... This includes loss of data resulting from delays,
nondeliveries,
misdeliveries, or service interruptions caused by its own negligence or
by negligence
of its upstream providers or communications suppliers, your errors or omissions,
or due to inadvertent release or disclosure of information sent by you.
Use of any information
obtained via EONramp is at your own risk. EONramp specifically denies any
responsibility for the accuracy or quality of information obtained through
its services.
3.It is EONramp policy to make reasonable efforts to maintain customer
confidentiality, and as such, will not to provide, sell, or in any way
disclose
customer information to any organization, advertiser, or third party, except
when legally ordered to by an officer of the court. Notwithstanding, EONramp
disclaims any obligation or warranty to maintain the confidentiality of
customer
information or identity, and shall not be liable for any accidental disclosure
by
other services located on the internet, the customer, or any other individual
or
user of the internet. Customer shall assume all responsibility for taking
precautions to avoid being placed on mailing lists or receiving unsolicited
email ("SPAM".) EONramp does not control or filter incoming email, and
shall
not be held liable or be expected to provide remedy for any incoming
unsolicited bulk mail ("SPAM") originating outside the EONramp network.
Sole remedy shall be a no-charge onetime change in customers email
address, and customer agrees to pay reasonable setup fees for subsequent
changes.
ACCEPTABLE USE AND RESPONSIBILITY OF CUSTOMER
4.EONramp may only be used for lawful purposes and with reasonable
compliance to the Acceptable Use Policy. Transmission of any material in
violation any U.S. or state regulation is prohibited. This includes, but
is not
limited to: copyrighted material, material legally judged to be threatening
or
obscene, or material protected by trade secret. You agree to indemnify
and
hold harmless EONramp from any claims resulting from your use of the service,
which damages you or another party. Notwithstanding the above, you agree
that should we be found liable in a court of law for any action related
to the
use of EONramp service that our liability shall be limited to the unused
balance
of your monthly payment, pro-rated to reflect your current month. You will
further agree that we reserve the right to terminate further service to
you or your
organization upon notice that you have, or intend to, initiate legal proceedings
against EONramp of any kind.
5.All EONramp subscribers agree to use and use only the email address as
confirmed at time of signup for their "Return" and/or "Reply-To" Internet
email
address for all communication with EONramp such as customer support requests
and billing inquiries. The use of a "fake" email address, email address
belonging to another Internet user, or no email address as a "Return" and/or
"Reply-To" Internet email address is prohibited and such use shall be cause
for
immediate account termination.
6.Use of EONramp Network for bulk and/or unsolicited email, commercial
or
otherwise, is prohibited and shall be cause for immediate account termination.
Use of EONramp email and NNTP news server for cross-posting messages to
more than 10 news groups, the posting of off-topic messages to newsgroups,
and/or
as an advertising medium is prohibited and shall be cause for immediate
account termination. The use of forged headers is prohibited. The use of
the
EONramp network to gain access and transmit unsolicited bulk email through
a
non-EONramp server is prohibited. Termination of service and a minimum
of
$500 cleanup fee shall be imposed whenever the EONramp network is utilized,
in whole or in part, for transmission of unsolicited bulk email. Customer
shall be
held liable for any and all costs incurred by EONramp as a result of customer
violation of these terms and conditions; including but not limited to attorney
fees and costs resulting from Postmaster responses to complaints, and cleanup
of unsolicited commercial mailings and/or unauthorized bulk mailings and/or
news server violations. EONramp current hourly rate for Postmaster
responses to complaints and cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations is US $500.00
per
hour, with a minimum one (1) hour charge.
7.Newsgroup or email abuses originating from a non EONramp account will
be
treated as if they originated from the customer's EONramp account when
the
article or email message in question contains any references whatsoever
to a
EONramp hosted web site, FTP site, email address, etc.
8.The use of EONramp to transmit certain kinds of information (including
without
limitation, computer software and other technical data) may violate export
control laws and regulations of the United States, whether that information
is
received abroad or by foreign nationals within the United States. Since
EONramp exercises no control whatsoever over the content of information
passing through EONramp, the entire burden of complying with such laws
and
regulations rests with its customers. You agree to comply with such laws
and
regulations and to indemnify and hold EONramp harmless from any damages
it
may suffer resulting from any violation of the export control laws of the
United
States.
9.Any access to other networks connected to EONramp must comply with the
rules
appropriate for that other network. Use of EONramp itself may be for any
lawful
purpose. Use of EONramp for commercial purposes is permitted, with the
exception of sending unsolicited commercial bulk email ("SPAM") which is
expressly prohibited.
10.Personal Web Page space is offered at no additional monthly charge for
Personal Internet Access Account Subscribers. This "no monthly charge storage
space" is for Personal Use Accounts only and any such offers shall not
apply to
Business Accounts of any type. The URL for this type of page shall include
the
word "personal" in the path, and no exceptions shall be made. Personal
Web
Page traffic is limited to 100 MB per month, total of all protocols. Accounts
exceeding this traffic level are considered to be "other than personal
use" and
will be required to obtain a Web Hosting account to continue Web Hosting
service.
LIMITED CONNECTION GUARANTEE
11.EONramp provides a limited connection guarantee to new customers. Due
to
millions of combinations of software and hardware that exist, a small
percentage of computer systems are unable to run TCP/IP networking software,
or have incompatible hardware, and can not connect to the internet. Customer
must contact customer support during EONramp business hours within five
days
of signing up, or receiving EONramp software, whichever occurs later. If
after
following all instructions, customer can not connect to the Internet, the
account
will be cancelled and a full refund including setup fee will be made. Customer
must cooperate fully with EONramp technical Support including following
all
instructions. EONramp reserves the right to inspect or observe the problem
prior
to granting a refund. Guarantee is void if customer uses software other
than that
provided or approved by EONramp. Connection shall be considered valid if
customer can connect to the EONramp mail server and send and receive
messages, and connect and "surf" on the World Wide Web.
PAYMENT TERMS AND CONDITIONS
12.Customer agrees to pay all charges incurred through access of customer
account. The right to use the service is not transferable. Payment for
all
services is to be prepaid in advance. Payment is due upon receipt of invoice
or on
anniversary date. Accounts are in default if payment is not received within
15 days after date
of invoice or anniversary. If your payment is returned to us unpaid you
are immediately in
default and subject to a returned check charge of $25 from EONramp in addition
to any fees charged by your bank. Accounts in default may have their service
interrupted and a reconnect fee of $25 plus all past dues amounts. Such
interruption does
not relieve you from the obligation to pay the monthly charge. Only a written
request to
terminate your service relieves you of your obligation to pay the monthly
account charge.
13.In order to reduce administrative costs passed onto customers,EONramp
does
not mail paper invoices to individual and personal dialup customers. Customers
shall receive invoices via internet email. Customer agrees to pay for service
when they sign up for access either by phone, in person, or the world wide
web,
and furthermore agrees to pay the amount with or without an invoice. Customer
is responsible for accessing their EONramp email account to obtain their
invoice
in a timely fashion. EONramp shall not be responsible for delivery to
non-EONramp email accounts Customer shall retain cancelled check or credit
card statement as their receipt. In the event of a cash payment, an cash
receipt
will be issued. Cash payments can be made in person at the EONramp
offices during
normal business hours.
14.Accounts in default are subject to an interest charge of 2.0% per month
on the
outstanding balance, as allowed per California State Law. If you default,
you
agree to pay EONramp reasonable expenses, including attorney and collection
agency fees incurred in enforcing its rights under these Terms and Conditions.
15.Service is invoiced monthly on the anniversary date (usually the same
day of
the month that you signed up on). EONramp reserves the rights to "normalize"
your account or anniversary date to the first of each month by charging
a
one time pro-rated monthly amount plus one full month. EONramp billing
department will notify you at least 21 days via email prior to this taking
place.
16.Customer acknowledges that there is a 30 day minimum subscription period,
which means no full or partial refund of the initial month's service fee
and
activation (setup) fee will be given if service is canceled within the
initial 30
day subscription period. Additionally, all cancellations become effective
at the
end of the current billing period for monthly subscribers or the end of
the
current billing month for quarterly subscribers. There are no refunds issued
for a
partial period of service.
17.Customers who sign up and commit for a minimum of six months or more
and
receive a waiver of setup fee agree to pay a setup fee if cancellation
is made
prior to the commitment term. Any refunded amount will be limited to the
original amount paid, less the pro rated amount of used full months service
and
the standard setup fee. Customer shall be responsible to determine if it
is more
cost effective to cancel service or simply complete the minimum term.
18.Service may be canceled in writing with 30 days notice with no penalty.
While
EONramp will accept cancellation via fax, email, or snail mail, EONramp
assumes no responsibility for lost cancellation notices not mailed in writing.
Cancellation will be accepted only from the person named on the account.
19.Customer agrees that upon cancellation, customer will cease using the
EONramp network. Use of the EONramp network after effective date of
cancellation shall automatically void customers cancellation notice, and
payment shall become due.
THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OFANY KIND,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. EONramp SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE,
INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF
EONRAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.This license will automatically terminate if you fail to comply with
any term or
condition of this agreement, or in the event of termination of your service
agreement with EONramp. You agree upon such termination to return the
Licensed program or destroy it, along with any backup or other copies in
your
possession.
21.These Terms and Conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any variance
with terms and conditions of any order submitted. Connection to and/or
use of
the EONramp network constitutes acceptance of these Terms and Conditions.
These Terms
and Conditions may be modified by EONramp upon 30 days prior written notice
to you. Continued use of EONramp following such modifications constitutes
acceptance of these Terms and Conditions, as modified.
22.All individuals accessing EONramp represent to EONramp that they are
18 years
of age or older. If under 18 years of age, such individual is not permitted
to
access EONramp unless the express written agreement of such individual's
parent or legal guardian has been furnished to EONramp. Certain material
available through EONramp may not be suitable for individuals under the
age
of 18.
I agree
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