Internet Service Agreement
This agreement governs the terms and conditions under which Mecklenburg Communications Services, Inc., a wholly owned subsidiary of Mecklenburg Electric Cooperative, operating under the service mark (meckcom.netsm) provides Internet access services to its customers, including 24-hour attended access and E-mail address(es) (referred to in this Agreement as the "Service").
This agreement is your contract for "meckcom.net" Internet Service.
I. MEMBERSHIP RIGHTS AND RESPONSIBILITIES
a. By completing enrollment and accepting all of the terms of this Agreement, you become an authorized user ("Membership") of the Service. Every time you use the Service, you are agreeing to "meckcom.net" terms. You are responsible for complying with all terms and conditions of this Agreement, and with all policies and guidelines posted on the Service. If "meckcom.net" changes the terms in a way that you do not accept, you may terminate Service as provided in Section VIII.
b. You agree that "meckcom.net" may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement on not less than ten day's written notice by United States mail. Your use of the Service after the effective date of any change in the Terms and Conditions; billing rates and account surcharges; and revision in the services provided shall constitute your acceptance of and agreement to such changes.
c. You are personally responsible for all use of the Service under your ID, even if you allow someone else to use your ID. Illegal, fraudulent or abusive use of any ID or of the Service is grounds for termination of Membership, and may be referred to law enforcement authorities. Enrolling or using any ID on the Service under a name other than your own is prohibited.
d. You are personally responsible for keeping any and all IDs or passwords for "meckcom.net" services private. You must promptly inform meckcom.net" if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service. Until "meckcom.net" is notified of a breach of security you will remain responsible for any unauthorized use of the Service occurring under your ID and/or password.
e. You agree that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening or obscene materials. "meckcom.net" reserves the right (but is not obligated) to review and edit any material submitted for display or placed on the Service, excluding private electronic messages. "meckcom.net" may refuse to display or may remove from the Service any material that "meckcom.net" believes violates this Agreement or any policies or guidelines posted by "meckcom.net" on the Service. "meckcom.net" may also remove any material it deems harmful to other subscribers, merchants, information providers, the Service or the business interests of "meckcom.net".
f. Unless your account provides otherwise, your account can not be used for dedicated Internet access. "meckcom.net" reserves the right to terminate your on-line connection if the connection is not active for 15 minutes.
a. As used in this Agreement, "Content" means the information, software, graphics, photographs, video, speech, sounds, music, and other material and services communicated by "meckcom.net" through its Service.
b. Internet Service Provider, "meckcom.net", makes no depiction as to the accuracy, completeness or usefulness of any Content and you must bear the risk of relying on such Content. Accordingly you acknowledge that "meckcom.net" shall not have any liability for any action or inaction by "meckcom.net" with respect to Content.
c. Except for public domain material, all material contained on the Service is copyrighted. You may not reproduce, or redistribute such material, in whole or in part, in any manner, without prior consent of the copyright owner, unless specifically permitted.
d. You agree not to post or transmit works that are subject to another party's rights, on or through the Service, without the party's express permission. Such posting or transmitting:
(1). will result in termination of this Agreement and
(2). may result in civil or criminal liability.
e. You acknowledge that the Content may include material inappropriate for minors, and you further acknowledge that "meckcom.net" recommends that you guide your minors' use of the service directly and/or consider using commercially available tools that enable you to restrict access to certain Internet areas and other features of the Service that may be inappropriate for minors, at your sole cost and risk. "meckcom.net" makes no warranty with respect to such tools.
III. NO WARRANTY
a. You acknowledge and consent that "meckcom.net" exercises no control or censorship of third party content. Use of any information obtained via the Service is at your own risk.
b. "meckcom.net" expressly disclaims any and all loss or liability resulting from, but not limited to:
(1) loss of data; (2) loss of hardware or software; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data misdelivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Provider or Provider's affiliated companies; (7) loss or liability resulting from errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service; and (8) loss or liability resulting from acts of God.
c. You agree that the entire liability of "meckcom.net", and your exclusive remedy, with respect to use of the Service, Service software, and any breach of this Agreement is strictly limited to a prorated portion of the amount paid to "meckcom.net" for monthly membership fees.
d. "meckcom.net" disclaims any and all express or implied warranties, including without limitation: (1) any warranties as to the availability, accuracy, or content of information, products, or services; and (2) any warranties of merchantability or fitness for a particular purpose.
IV. LIMITED WARRANTY
a. You expressly agree that the use of "meckcom.net" Service, software provided by "meckcom.net" and the Internet, are at your sole risk. "meckcom.net" Service, "meckcom.net" software, and the Internet are furnished "as is" and "as available" for your personal use without warranty of any kind, either expressed or implied. "meckcom.net" provides service on a commercially reasonable basis and does not guarantee that you will be able to access the Service at a time or location of your choosing or that "meckcom.net" will have adequate capacity for the Service as a whole or for particular purposes.
You acknowledge that interruptions in service may occur due to scheduled maintenance or failure of hardware or software, as well as acts of God, and "meckcom.net" shall have no liability to you for any such interruption. "meckcom.net" entire liability and your exclusive remedy with respect to use of "meckcom.net" Service, "meckcom.net" software and the Internet shall be the replacement of any software found to be defective. "meckcom.net" shall have no liability whatsoever for consequential or incidental damages, except as expressly provided elsewhere. "meckcom.net" does not endorse, warrant or guarantee any product or service offered through "meckcom.net" and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
a. You agree to defend, release, indemnify, and hold "meckcom.net", its officers, directors, and employees, as well as its affiliated companies and licensers, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees arising from breach of the Agreement by use of, or in connection with, the posting or transmission of any content by or through your account on the Service.
b. You agree that "meckcom.net" has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.
VI. DATA SECURITY
You are responsible for the protection of your data. The Internet is not a secure system. Data can be, and often is, viewed by third parties. Private or confidential information should not be placed on the system or if it is you should take steps to protect such information by using encryption technologies. You understand and assume the risk that any transmission over the Service may be interrupted, intercepted, or destroyed.
VII. BILLING AND CHARGES
a. Rates - you can learn the current rates for Service and related fees by telephoning 804-372-6169 or (toll free) 877-888-8290, or by visiting "meckcom.net" home page. Basic rates are payable in advance on or before the first day of "meckcom.net" monthly billing cycle. On the first day of each month, your account will be charged the monthly access fee. The basic rates and usage rates do not include taxes or governmentally required surcharges, for which you are responsible. The first month's service fee is due upon account setup. Failure to use the Service does not relieve you of payment obligations.
b. Billing - Bills are rendered monthly and will be due on the 21st of each month. Any telephone charges incurred are your responsibility, including long distance charges, if any.
c. Telephone Not Included - You are responsible solely for all telephone charges including, but not limited to, connection fees, monthly minimum fees and long distance charges associated with or incurred by you arising out of or resulting from the Internet telephone connection from your computer to our "meckcom.net" service and its servers or routers.
d. Billing Disputes - Unless you notify "meckcom.net" of any discrepancy in your "meckcom.net" billing within thirty (30) days after it first appears on your account statement, the statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release "meckcom.net" from all liabilities and claims resulting from any billing error that is not reported to "meckcom.net" within thirty (30) days after the date of the statement on which it appears.
e. Payment Policy:
Monthly Payment Plan: You are required to pay your monthly Internet fee by the 21st of each month. The payment needs to be received in our office no later than the 21st. Your monthly invoice is mailed to you by the 5th of each month; thereby, if you have not received your invoice in the mail – you should call our office (1-877-888-8290) to receive payment instructions to assure we have the payment by 5 p.m. on the 21st. If you fail to pay this amount, you will be disconnected the last day of the month. You will be subject to a 1 ½% late payment penalty and you will be charged a $25 reconnection fee. There will be NO exceptions made.
Quarterly and Annual Payment Plans: You are required to pay your quarterly Internet fee or your annual Internet fee by the 21st of the first month your quarter or year begins in order to received the reduced monthly rate. The payment needs to be received in our office no later than the 21st. Your quarter/annual invoice is mailed to you by the 5th of each month; thereby, if you have not received your invoice in the mail – you should call our office (1-877-888-8290) to receive payment instructions to assure we have the payment by 5 p.m. on the 21st. If you fail to pay this amount, you will be disconnected the last day of the month. You will be subject to a 1 ½% late payment penalty and you will be charged a $25 reconnection fee. There will be NO exceptions made.
f. Payment - Checks for payment should be made payable to: "meckcom.net". Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. A dishonored check must be replaced with a money order within seven (7) days of notification that your check was returned or service will be terminated. If you make payment through a credit card, you agree to allow "meckcom.net" to bill such card on each successive billing date without obtaining your permission after the initial charge. You shall notify "meckcom.net" of any changes in credit card number or expiration date. If the card is not honored for any reason "meckcom.net" will attempt to notify you by using the telephone information given during account setup. "meckcom.net" will call you ONE time to arrange an alternative billing arrangement. If an alternative billing arrangement has not been established within seven (7) days, the account may be terminated. If for any reason "meckcom.net" does not receive timely payment from you (or from the credit card issuer you designate if you elect to have "meckcom.net" charge your credit card), you agree you will pay upon demand all amounts due to "meckcom.net". Your credit card agreement with the issuer, and not this Agreement, governs your rights and liabilities as a cardholder. Re-establishment of the account will be subject to a reconnection fee.
g. Late Payment and/or Non-Payment - If "meckcom.net" does not receive the full amount you owe for Service and related fees by the 21st of the date of "meckcom.net" statement, you shall owe "meckcom.net" interest at the rate of 1.5% (or the highest amount allowed by law, whichever is less) per month on the outstanding balance until paid. You shall also be liable for all costs of collecting any unpaid balance on your account(s) with "meckcom.net", including attorney's fees. If any amount remains unpaid for more than thirty days, "meckcom.net" shall have the right to terminate your Service.
VIII. TERMINATION OF MEMBERSHIP
a. Voluntary Termination
1. Notice Required - In order to terminate your Service, you must give written notice to "meckcom.net" by United States mail. Effective upon "meckcom.net" receipt of notice of termination, and not before, "meckcom.net" shall stop charging you for Service. Only the person whose name is on the account will be able to cancel an existing account. Upon termination of your account, "meckcom.net" has the right to delete all data, files or other information that is stored on "meckcom.net"'s computers regarding your service. The termination or suspension of "meckcom.net" service to you also constitutes termination or suspension (as applicable) of your license to use "meckcom.net"'s software.
2. Refunds - Upon termination of Service, "meckcom.net" will refund any unused portion of basic rates paid in advance, except in the case of early termination of a Service arrangement requiring a minimum number of month's Service in return for a discounted rate, in which event the regular (non-discounted rate) shall be applied to the months of Service furnished by "meckcom.net", in order to determine what, if any, balance remains for refund.
b. Involuntary Termination
1. "meckcom.net" may terminate Service as described above at any time. Upon termination of your account, "meckcom.net" will refund any unused portion of prepaid fees or charges less any early termination charges, after satisfying any outstanding balances owed "meckcom.net".
2. Upon termination of your account, "meckcom.net" has the right to delete all data, files or other information that is stored on "meckcom.net" computers regarding your service.
3. "meckcom.net" termination or suspension of service to you also constitutes termination or suspension (as applicable) of your license to use "meckcom.net" software.
a. You agree that this Agreement constitutes the entire understanding between you and "meckcom.net", and supersedes all previous representations, agreements or understandings.
b. You agree that, if any portion of this Agreement is held invalid or unenforceable, the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect. This Agreement will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of laws.
X. MEMBER REGISTRATION REQUIREMENTS
a. By signing the attached Internet Service Agreement Form, you represent that you are at least eighteen (18) years old and have the legal ability to enter into this Agreement.
b. You agree to provide "meckcom.net" with accurate, complete, and updated registration information. Your failure to provide accurate registration information constitutes unauthorized use of the Service and your account may be terminated immediately.