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The following sets
forth the terms and conditions which shall govern the
customer’s use of any of HTN’s services. (Customers are
those who have established an account with The Home Town
Network Inc.) The terms and conditions listed herein
will also be known as an agreement between HTN and the
customer. In the event a contract was required to
obtain service with HTN, these terms are in addition to
the contract terms. If there are duplicate items,
the contract will supersede these terms.
If any terms and conditions are
broken, HTN reserves the right to terminate the
customer's account with no refund.
By using any of the
services offered by HTN customer are bound by and must
comply with the terms and conditions set forth herein as
well as HTN's service provider. HTN reserves the right
to revise, modify, alter or otherwise change the terms
and conditions set forth herein at any time and for any
reason without notice, as well as discontinue or change
the services offered. Any revised terms and conditions
shall be binding. Continued use of customer’s account
constitutes acceptance of this Agreement and any future
versions.
The customer is in
default of this contract if:
USE AGREEMENT
The customer agrees to
notify HTN of any changes in street address, phone
number, name, or any other information necessary to
contact the customer within 30 days of the change.
Once service is
established, fees will continue until HTN receives
notification from the customer to close the account.
Customer is responsible for obtaining a confirmation
number when canceling or suspending service. Accounts
opened with credit or debit cards will automatically
be charged on the anniversary date for the plan the
customer requested, unless HTN is notified prior
to the anniversary date. If customer fails to provide
a valid confirmation number, the account will be closed
as of the date HTN becomes aware of customer's request
to terminate service. Accounts suspended more than one
(1) time per calendar year will be charged an
administrative fee.
Customer is
responsible for all use of customer's account and
confidentiality of password. We will suspend access or
change the password to customer’s account immediately
upon notification by customer that his/her password has
been lost, stolen or otherwise compromised. HTN will not
be liable for any usage and or charges prior to HTN
making the necessary account changes.
The numbers customer
may use to access the HTN services from customer’s
location(s) may be long-distance or toll calls. Customer
should check with the local phone carrier in customer’s
area to verify local calling numbers from customer’s
phone number. Customer is responsible for all local and
long-distance telephone charges for connecting to HTN.
The customer agrees
that the owner of an account on HTN's system is solely
responsible for the use or misuse of that account. HTN
reserves the right to terminate any account which HTN
believes is being used by a person other than the owner
of the account, unless permission is specifically given
by HTN to allow others to use the account.
The customer agrees
that the services provided by HTN are not to be used for
any unlawful purpose under US federal, state, or city
law. Customer may not export software or technical
information in violation of U.S. export control laws.
HTN reserves the right to cooperate with any and all law
enforcement agencies.
The customer agrees to
and understands that information obtained, transmitted,
stored, or used via HTN's equipment, networks, or
software is not guaranteed to be private or secure. The
customer takes full responsibility and risk for any
information accessed or stored using HTN's resources.
HTN reserves the right to give any information to the
authorities that may be, or point to, illegal activity
of any kind.
Customer may not
tamper with other accounts, commit unauthorized
intrusion into any part of HTN’s systems, or use any of
HTN’s machines, files, accounts, or networks to intrude
without authorization into any other system.
Customer may not use
HTN services which are not included in customer’s
account, nor devise ways to circumvent security in order
to access services customer are not paying for. This
includes, but is not limited to, the scanning of HTN’s
or other networks with intent to breach and/or evaluate
security.
Customer may not use
the services in a manner that encumbers or utilizes disk
space, processors or other system resources beyond those
allowed by customer’s specific type of HTN account.
Customer may not use
HTN services to send unsolicited e-mail (Spam) at any
time.
Customer may not make
deliberate attempts to interfere with the services of
others or any network, overload a service, or attempt to
disable a host.
Customer may not use
the service for password cracking, defrauding others
into releasing their passwords, denial-of-service
attacks such as the sending of packets with an illegal
packet size, UDP flooding, ping-flooding, half-open TCP
connection flooding or any other use of Internet
services or systems unauthorized by their owner, whether
or not the intrusion results in loss or corruption of
data. Customer may not use programs, scripts, or
commands, or send messages with the intent to interfere
with a customer's terminal session.
Customer may not use
the account, the services or the network to collect
replies of messages sent from another provider which
violate the rules of this Agreement or those of the
originating provider.
HTN dialup connections
are not intended to be full-time dedicated connections
(unless specifically contracted for a full-time dialup
connection) and we reserve the right to disconnect or
restrict customers for using what we consider an
excessive amount of time online. Customer agrees not to
use any automatic method of maintaining an active
connection. All connections with more than 20 minutes of
inactivity will be automatically disconnected.
High Speed service plan contracts that do not specify
data included in the rate plan will include 10 GB of data
transfer per month and fees will apply for
additional data transfer. Additional prepaid plans
are available, please contact the
billing department at 863-465-4076 for more information.
Customer may not run
publicly accessible "services" such as, but not limited
to, SMTP, HTTP, MUD, P2P or IRC servers.
As part of our
Anti-Spam initiative, all outgoing mail (SMTP) from HTN
accounts must be sent through the HTN mail
server. No SMTP (Port 25) connectivity from accounts to the internet will be provided.
PAYMENT
Payment for service is
required when the account is established. Customer
agrees to pay HTN all charges relating to the use of
customer's account according to the subscription plan
they have requested. If payment is not received by the
due date, late fees will begin accruing. Payment is due
on or before the invoice date and is considered
delinquent the following day. Customer’s account may be
suspended when payment is not received on or before its
due date. E-mail to the account will be rejected during
account suspension. A reactivation fee may apply.
Payment can be made by
check, cash or credit card. Accounts set to
pay by check will only be allowed to contact us to make
payment by credit card 2 times within a calendar year
without any charge. Each additional time will incur a
$2.00 administrative fee. This fee can be waived
by changing the billing to pay by debit or credit card
each month.
Customers give their consent to HTN to process all
current and outstanding fees to the credit or debit card
on file at any time.
If customer’s account becomes
delinquent and is subsequently closed by either the
customer or HTN, customer will be responsible for a one
month minimum charge. The fee will be determined by
HTN’s published rates as posted at
http://my.htn.net/htn/rates.htm
at the time the account becomes delinquent. If customer
fails to pay for service, account will be turned over to
a collection agency for payment. Additional fees
may apply but, are not limited to administrative and
late fees.
Termination of the
customer's account does not release the customer from
any payment obligation up to and including the date of
the termination. Customers who do not contact HTN to
cancel services may be liable for service fees equal to
or less than the monthly rate as posted at
http://my.htn.net/htn/rates.htm
regardless of use or nonuse of services. Failure to use
the account(s) does not relieve the customer of payment
obligations, except as specifically provided in this
contract.
HTN is under no
obligation to issue refunds or offer credit on
prepayment plans if customer cancels service before the
end of the prepayment period.
Customer
shall pay any present or future sales, use, excise or
other similar taxes applicable to the services
furnished.
Customer agrees to
pay HTN's reasonable collection and administrative fees,
attorney's fees and court costs, where permitted, in
collecting the amount due for services used. Returned
check fees and chargeback credit card transaction fees
incurred by HTN as associated with the transaction or
dispute will be billed back to the customer. The
minimum fee for returned checks is $30.00 and $35.00 for
credit card chargebacks. HTN will forward customer
accounts with outstanding amounts due to collections and
may also report amounts due to credit agencies.
HTN reserves the right
to suspend access to customer's account upon credit
problems including delinquent payments or rejection of
any credit card charges.
HTN reserves the right to change rates at any time.
GENERAL
HTN assumes no
responsibility, nor will it be held liable for any
direct, indirect, incidental, punitive, or consequential
damages that result in any way from:
-
Use of customer’s
account or service or the Internet or customer’s
inability to use customer’s account or the service
or the Internet; access to the Internet or any part
thereof
-
Customer’s
reliance on or use of information, services or
merchandise provided on or through the service that
result from mistakes, omissions, interruption,
deletion of files, errors, defects, delays in
operation or transmission, or any failure of
performance, even if it has been informed of their
possibility
The customer agrees to
hold HTN harmless from any information accessed from the
Internet or any other network via the use of HTN's
network or equipment. The customer agrees that HTN is
not responsible for any offensive, threatening, illegal,
pornographic, or otherwise damaging information accessed
with the use of HTN's equipment, network, software, or
services. HTN does not control the content of the
information passing through its network, nor does it
have any control or knowledge as to the reliability,
accuracy, authenticity or quality of such information.
Access to information through the use of customer’s
account is at customer’s own risk.
When accessing other
networks or systems, the customer agrees to comply with
the terms and conditions of those networks or systems.
If a conflict should arise between this license
agreement and that of the remote network or system, this
agreement will take precedence.
HTN will provide links
on its site to other web sites that are not under its
control. These links are provided for convenience only
and are not intended as an endorsement by HTN. No
warranties or statements are made regarding the web site
or the information on the web site.
HTN will not be liable
for any failure by customer to receive e-mail that is
addressed to an account. If an account has become
disabled or cancelled for any reason, all incoming
e-mail will be rejected. HTN reserves complete and sole
discretion with respect to the operation of HTN
services. HTN may take any action (legal and/or
technical) that HTN deems appropriate to prevent bulk
e-mail from entering or leaving any HTN e-mail account.
(This includes opt-in programs or services)
Customer agrees to
defend, hold harmless, and expeditiously indemnify HTN,
its parent, affiliates, agents, officers, directors,
employees and representatives from any and all
liability, claim, loss, damage or expense arising out of
customer’s breach or violation of any provision
contained in this Agreement, or resulting from
customer’s use of the Services or customer’s account, or
the infringement by customer or some other customer of
customer’s account, of any intellectual property or
other right of any person or entity, or as a result of
any threatening, libelous, obscene, harassing or
offensive material relating to customer’s use of
customer’s account.
Customer agrees to
waive and hold HTN harmless from any liability, claim,
loss, damage or expense relating to any action taken by
HTN as part of an investigation into a suspected
violation of this Agreement or as a result of its
conclusion that a violation of this Agreement has
occurred, which it may determine at its sole discretion.
Customer expressly waives customer’s right to sue or
recover any damages whatsoever from HTN as a result of
the decision to remove material from its servers or
network, or to suspend or terminate customer’s account
or disable customer’s use of the services.
No warranties,
expressed or implied, including, but not limited to,
those of merchantability or fitness for a particular
purpose, are made with respect to HTN or any information
or software therein. HTN's service is provided on an "as
is, as available" basis. HTN does not warrant that the
services or use of customer’s account will be
uninterrupted or error-free or that any information,
software of other material accessible via the service is
free of viruses or other harmful components. The
customer agrees to hold HTN harmless from any
inconvenience or damages caused by delays or malfunction
of the networks, equipment, or software for any reason.
This in no way includes any reimbursement for losses of
income due to disruption of service by HTN or its
providers.
Communication systems
are subject to degradation of service from phenomena
such as so-called "Line-Noise", interference and other
causes beyond the reasonable control of HTN.
HTN is not responsible
for any damages or loss of data resulting from the use
or misuse of HTN's network, equipment, software, or
services, or from termination of the customer’s account.
The customer agrees that if their account should be
terminated by HTN for any reason, the data and/or
information stored on HTN's equipment or network becomes
the property of HTN.
Failure to recognize
and use HTN's services in accordance to these terms and
agreements will result in the termination of the
customer's account, without refund or payment of any
kind from the HTN. At HTN's discretion, partial payment
may be returned to the customer upon termination of the
customer's account. However, HTN is not obligated to
give a refund or re-payment of any kind to the owner of
a terminated account.
Neither HTN nor its
Information Providers are responsible for any damages
arising from customer's use of HTN or by customer's
inability to use HTN's service.
HTN reserves to right
to change without notice the HTN service, including, but
not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors and
services offered.
HTN reserves the right
to delete customer's personal files after one or both
parties terminates agreement.
HTN, at its sole
business judgment, may terminate this Agreement
immediately or suspend customer's access to the service
upon any breach of this Agreement by customer,
including, but not limited to, refusal or failure to pay
for services provided or by sole judgment of HTN that
customer may be performing activities harmful to HTN or
its customers, employees, vendors, business
relationships or any other customers of the Internet.
PRIVACY
HTN does not
share or sell any of your personal information. |
