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SURFNET COMMUNICATIONS’ SERVICE TERMS AND
CONDITIONS
SurfNet's Service Agreement is merely a statement of "good business
practices" and can be summarized as follows:
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use the Internet wisely - it is a powerful tool and our service gives
you full access to its capabilities
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do not use our service to do illegal things
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respect other Internet user's rights to use the Internet and to
provide Internet service
BEFORE SIGNING UP, OR CONTINUING USE OF OUR SERVICE, PLEASE READ THESE
TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY.
This Service Agreement represents the complete Agreement and
understanding between Surfnet Communications and you, the Surfnet
Communications accountholder, and supersede any other written or oral
agreement pertaining to your Surfnet Communications service. By using
Surfnet Communications, you agree to be bound by and to comply with this
Agreement, just as if you had signed it. Violation of any provision of
this Agreement is grounds for immediate termination of your SurfNet USA
account.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD
IMMEDIATELY END YOUR USE OF SURFNET COMMUNICATIONS SO THAT WE MAY
CANCEL YOUR ACCOUNT AND, IF APPROPRIATE, GIVE YOU A PRORATED REFUND.
Surfnet Communications may be contacted by email at help@surfnetc.com or
by regular mail or phone at:
PO Box 66831
Scotts Valley, CA 95067
(831) 439-SURF
Surfnet Communications reserves the right to modify the Service
Agreement, and/or modify the prices of its services, as well as
discontinue or change the services offered. A notification will be made
by email when modifications are made, however, it will be the
responsibility of the account holder to keep informed about these
changes. Your continued use of Surfnet Communication's services
following such notification will be deemed acceptance of the
modification.
Service Terms and Conditions
These Service Terms and Conditions are agreed to by and between Surfnet Telecommunications, Inc.
("SURFNET") and the customer ("USER") as designated on their Service
Order. In consideration of the mutual agreements and covenants set forth
herein, the parties agree as follows:
1. Accounts and Service - SURFNET shall provide USER with an account
(the "Account") on SURFNET's network, which will allow USER to access
the Internet on the terms set forth herein and on the Service Order, as
may be amended from time to time by SURFNET. USER's Account will include
(dependent of account type) access to the World Wide Web, electronic
mail ("e-mail"), and other Services commonly associated with the
Internet (collectively, "Services"). SURFNET is NOT responsible for any
USER's long distance telephone charges.
2. Term and Billing - SURFNET will enable USER's Account upon the date
(the "Commencement Date") of SURFNET's acceptance of USER's Service
Order. USER shall promptly notify SURFNET in writing or by e-mail of any
changes in USER's Account information, such as changes in address or
telephone number.
3. Payment - USER shall pay all fees, including the Monthly Service Fee,
Setup Fee, and any other fees, as set forth on the Service Order. Some
non-contracted fees are subject to change without notice.
Method of Payment: All Services are prepaid. SURFNET reserves the right
to collect the last month's non-refundable payment in advance and may
collect or recollect such at anytime. There may be a fee for certain
billing methodologies. Where an approved automatic payment method (i.e.
credit card or electronic payment, etc.) is used, SURFNET shall
automatically debit payments by USER using the original payment method
specified or until modified by USER. When the billing method is by
"Invoice," SURFNET shall use e-mail, unless USER requests paper bills in
which case USER will receive bills by means of conventional mail and
will be invoiced at $2.00 per each paper bill. Invoices are sent monthly
and the terms are Net ten days from date of in-voice.
Collection: There is a $25.00 service charge/month for payments made
later than 30 days past the due date (to cover our accounting labor) and
an additional $40.00 collection fee for each item charged back to
SURFNET (draft/check or charge) to cover our bank charges. USER must
notify SURFNET at least fifteen working days before the next payment is
due if USER wishes to change the method of payment. Accounts that are
delinquent may have their files purged and their service disconnected.
Any account that is disabled must pay a reconnect fee equal to one month
of service in addition to any past due fees and any charges assessed by
SURFNET.
Accounting Cycle: USER's accounting cycle begins on the Service
commencement date and is adjusted to the first day of the month. The
first day of the month becomes the "Billing Day". Except when specified
by a yearly or quarterly account type, all accounts are billed monthly
on or about their Billing Day.
4. Amendment - SURFNET reserves the right to change the terms and
conditions of this Agreement and/or any collateral agreements
referenced herein, including the Acceptable Use Policy and the fee
schedule, by notifying USER on the SURFNET's Website (linked from home
page) or by e-mail at least 30 days in advance of the effective date of
the change. Use by USER after the effective date constitutes acceptance
of the new terms and conditions.
5. Offensive or Illegal Materials - SURFNET does not knowingly post
illegal content of any kind. There is, however, no monitoring of
material posted to SURFNET's Web sites, FTP sites, or hosted domains by
the USER. Otherwise, SURFNET exercises no control over the content of
materials accessed through the Internet, including through the SURFNET
network. Some materials posted by USERs or available through the
Internet may be offensive to certain groups of individuals.
6. Acceptable Use Policy - USER agrees to be bound by the provisions of
SURFNET's Acceptable Use Policy, which is incorporated by reference as
if fully set forth herein and in the Customer Agreement, including all
legal obligations arising there under.
7. Limitation of Liability and Indemnification - SURFNET nor it
subcontractors will be liable for any loss of data or damage to hardware
that occurs during installation of or any service performed on your
computer in support of SURFNET Services. USER agrees that it is their
responsibility to completely backup your computer prior to installation.
USER further agrees that SURFNET and/or its contractors or affiliates
are not responsible for any problems with your computer following the
installation of or any subsequent service performed on your computer in
support of SURFNET Services.
Your exclusive remedy for any and all losses resulting from this
installation of equipment and your use of the Services, including
SURFNET or its subcontractor’s negligence, will be limited to fees paid
to SURFNET up to the time the damage is discovered.
Neither SURFNET nor its network Services supplier will be liable for
unauthorized access to or alteration, theft or destruction of end user's
data files, programs, procedures or information through accident,
fraudulent means or devices, or any other method, regardless of whether
such damage occurs as a result of company's or its network service
supplier's negligence.
These Services are provided on an "as is" and "as available" basis
without warranties of any kind either express or implied, including but
not limited to warranties of title, non-infringement or implied
warranties of merchantability or fitness for a particular purpose.
Neither SURFNET nor its affiliates warrant that these Services will be
uninterrupted or error free or that any information, software or the
material accessible on the Services are free of viruses or other harmful
components.
SURFNET, its affiliates and its subcontractors will not be liable for
any indirect, incidental, special, exemplary, punitive or consequential
damages of any nature including personal injuries, property damage or
loss of business that result in any way from your use or inability to
use the Services or to access the Internet or any part thereof, or you
reliance on or use of offers, claims, representations, promotions and
transactions, information, service or merchandise provided on or through
this Internet or the Services, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
transmission or any failure of performance.
USER agrees to indemnify, defend and hold SURFNET, its affiliates and
subcontractors harmless from any claims made by third parties arising
out of the use of the equipment and/or the Services provided by USER or
an authorized USER of your account, including the placement or
transmission of any message, information, software or other materials
on the Internet.
These limitations on liability and indemnification provisions inure to
the benefit of and apply to: SURFNET, subsidiary and affiliated
companies, any successor to SURFNET's business by way of merger,
purchase of assets, or operation of law, and any subcontractors
performing work on behalf of SURFNET.
8. Content Responsibility - USER understands that neither SURFNET nor
its network Services supplier is responsible for the content of the
transmissions which may pass through the Internet and/or the
connectivity Services. USER agrees that it will not use the connectivity
Services in ways that violate laws, infringe the rights of others, or
interfere with the users, Services, or equipment of the network. For
example, end user shall not distribute unsolicited advertising, chain
letters, or commercial electronic mail ("spamming"); propagate computer
worms or viruses; attempt to gain unauthorized entry to other
computers, data or networks; distribute child pornography, obscenity,
or defamatory material the Internet; or infringe copyrights, trademarks,
or other intellectual property rights.
9. Connectivity - As a user of the SURFNET Service, connection is
automatically disconnected upon: (a) Delinquent payment amount; or (b)
detected illegal behavior. If SURFNET causes an error, delay, defect,
breakdown or failure in service, which is defined as lasting for more
than 24 hours during any calendar month (Service Interruption), an
out-of-service credit will be calculated based on a % daily prorated
credit (1/30) of any monthly service charge Customer paid for service
during the period of Service Interruption, provided Service Interruption
lasts for more than twenty four (24) consecutive hours after SURFNET
receives notice of the interruption from Customer. The maximum credit
allowed shall not exceed the Monthly Charge for the service interrupted.
No credit shall be available for difficulties such as Customer equipment
failure, Internet congestion, or other causes beyond SURFNET's
reasonable control. The above prorated credit provides Customer's sole
remedy for any claim relating to this service or SURFNET. SURFNET's
records and data shall be the sole basis for all calculations and
determinations.
10. Disclaimer of Consequential Damages - In no event will SURFNET or
its network Services suppliers be liable for any damages, including, but
not limited to loss of data, loss of revenue or profits, or for any
other special, incidental, indirect or consequential damages, arising
out of or in connection with the use of or inability to use Services or
products provided hereunder.
11. Export Compliance - USER further agrees to comply with U.S. Export
Laws concerning the transmission of technical data and other regulated
materials via the connectivity Services.
12. IP Addresses - Upon expiration, cancellation or termination of the
Agreement, USER shall relinquish any IP addresses or address blocks
assigned to USER by SURFNET or its network services supplier.
13. Survival - This Provision entitled Survival, Provision 10 above
entitled Export Compliance and any provision in all SURFNET agreements
or policies which references 'Indemnification', 'Limitation of
Liability', 'Limitation of Damages,' and 'Warranty Disclaimers' shall
survive the termination of the Agreement.
14. Force Majeure - If the performance of any obligation hereunder is
interfered with by reason of any circumstances beyond SURFNET's
reasonable control including, but not limited to acts of God, lightning,
wind, power surges or failures, labor strikes and other labor
disturbances, or the act or omission of any third party, shall be
excused from such performance to the extent necessary, provided that
SURFNET shall use reasonable efforts to remove such causes of
non-performance.
15. Complete Agreement and Severability - This Agreement supersedes any
other written or oral agreement, and represents the complete
understanding between SURFNET and USER. If any provision of this
Agreement is held by a court of competent jurisdiction to be contrary to
law, the remaining provisions of this Agreement will remain in full
force and effect. This Agreement may be signed, but does NOT have to be
signed to be enforced. Proceeding to sign up, either online or by phone,
constitutes acceptance of all terms and conditions set forth in this
Agreement.
16. Equipment Warranty -
Any equipment sold to the User is warranted to the original purchaser
for one full year from the date of purchase against defects in material
and workmanship. During this period SurfNet Communications will repair
or replace, at our discretion, the defective component. This warranty
does not apply to improperly installed, handled, or abused equipment,
nor to any unit which has been repaired or altered by the customer.
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