Internet Terms of Service
This is a contract. Read it carefully. By using Andiamo Telecom Internet Services
you agree to the terms and conditions set forth below.
- Parties. Andiamo Telecom, LLC ("Andiamo Telecom")
is an Internet access Service Provider and a party to this Agreement. The person
using Andiamo Telecom's services (herein referred to as "you") is the other
party to this Agreement.
- Agreement and Change in Terms. By accessing Andiamo
Telecom's services, you agree to be bound by the terms of this Agreement. You
also agree to be bound by any change in these terms which may be published via
Andiamo Telecom's services while you are a user of Andiamo Telecom's services.
If you do not want to be bound by the terms of this Agreement or by any subsequent
changes to these terms, please contact Andiamo Telecom immediately so that we may
close your account.
- Limitation of Liability and Indemnity. You agree that
Andiamo Telecom will not be liable to you, beyond the refund of your current term's
charges, for any direct, indirect, consequential, special or punitive damage(s) or
loss(es) whatsoever you may incur in connection with the use of Andiamo Telecom's
system or of any of the data or other materials transmitted through or residing on
Andiamo Telecom's system, even if Andiamo Telecom has been advised of the
possibility of such damage or loss. This includes, but is not limited to, loss
of data or any other loss whatsoever resulting from delays, non-deliveries,
misdeliveries, or service interruptions of any nature whatsoever. In addition,
you agree to defend and indemnify Andiamo Telecom and hold Andiamo Telecom harmless
from and against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including reasonable attorneys fees) relating to any
acts by you or materials or information transmitted by you or any use by you of
Andiamo Telecom's services which leads wholly or partially to claims against Andiamo
Telecom or Andiamo Telecom's system by you, by another customer or by any other
person or entity.
Without limiting the generality of the above paragraph, you further acknowledge
and agree that:
No Warranties; No Responsibility. Andiamo Telecom exercises no control whatsoever
over the content of the information passing through it's Internet connection.
Andiamo Telecom makes no warranties of any kind, whether expressed or implied,
as to the availability, accuracy, or content of the information, products, or
services it is providing. Andiamo Telecom disclaims any warranty of merchantability
of fitness for any particular purpose. Use of any information or data obtained via
Andiamo Telecom is at your own risk. Andiamo Telecom bears no responsibility for the
accuracy or quality of information obtained through its services. Andiamo Telecom
is not responsible for Telco charges.
- Minors; Obscenity. You acknowledge and agree
that materials are available on the Internet which may not be suitable for
minors and that Andiamo Telecom is not responsible for the prevention of access
to such material and resources by minors or others. You agree that you have
the sole responsibility for monitoring what is available to any minors or
others who have access to the Internet through your Andiamo Telecom account.
You further agree that you have sole responsibility for compliance with obscenity
laws with respect to materials retrieved via Andiamo Telecom's facilities.
FURTHER AGREEMENTS
You further acknowledge and agree:
- Use Restricted to Lawful Purposes. You agree that
you will only use Andiamo Telecom's services for lawful purposes. You agree
that you will not transmit any material in violation of any U.S. Federal,
U.S. State, or foreign law. This includes, but is not limited to:
copyrighted material, material legally judged to be threatening, obscene,
or material protected by trade secret. Your keyboard input or files may
be monitored in the event of a real or perceived security incident. You
agree that Andiamo Telecom may remove objectionable materials residing on
Andiamo Telecom's server. Such removal shall be at Andiamo Telecom's sole
discretion and Andiamo Telecom shall be the sole judge of what constitutes
objectionable material.
- Other Networks; Access and Cancellation at Andiamo
Telecom's Discretion. You agree to comply with the acceptable use
policies, rules and regulations, and terms and conditions of any networks
accessed by you through Andiamo Telecom. Andiamo Telecom reserves the right
to refuse service to anyone. Andiamo Telecom further reserves the right to
deny access to, or close, any account(s) which, in Andiamo Telecom's sole
opinion, is (are) causing, or may cause, harm to the Andiamo Telecom server
or to other systems. Andiamo Telecom will make a reasonable effort to notify
any user of Andiamo Telecom's action, but is not bound by this Agreement to
do so.
- Account Usage. When you pay the appropriate
charge, you are entitled to an account. An individual account entitles the
user to log in using only one of Andiamo Telecom's modems at a time. In the
event of a multiple connection, the Andiamo Telecom system administration
will automatically disable the user account. In order to reactivate the
account, a $19.95 fee must be paid.
- Web Usage. You agree that the personal web space
provided you by Andiamo Telecom in conjunction with your personal dial-up
account will not be used for any commercial purpose. This includes, but is
not limited to any commercial advertising or solicitation for goods or
services. This restriction does not apply to customers who have purchased
any of our commercial web accounts.
- Modem Usage. Individual dial-in accounts are for
personal, non-transferable, casual use. Andiamo Telecom does not meter usage
of shared resources such as dial-in lines and modem connections for accounting
purposes. However, you agree not to use shared resources to such a degree
that such use adversely impacts the availability of the network for other
users. You acknowledge that individual accounts are not intended for those
situations where a modem connection is maintained semi-permanently. Individual
users agree that at no time will you maintain more than one simultaneous modem
connection. You agree that Andiamo Telecom may, at its sole discretion,
automatically disconnect sessions with no activity for a prolonged period of
time.
- Disk Usage. You agree to stay within allotted
storage space. For personal dialup and email accounts the default allowed usage
is 10MB on the web server and 10MB on the mail server. Additional space is available
for an additional charge. Andiamo may delete some or all data if you exceed your
disk quota.
- Mail Usage. You agree that you will not send bulk
e-mail nor unsolicited commercial e-mail or use your Andiamo Telecom account
or web pages as a return address for unsolicited commercial mail originated
elsewhere. Using your Andiamo Telecom account to send unsolicited e-mail
will result in immediate cancellation of your account, and the forfeiture of
all monies paid to Andiamo Telecom. You further agree to pay Andiamo Telecom
a $500.00 system clean-up fee should you send any unsolicited commercial
e-mail.
- Usenet Usage. You agree not to make commercial
postings to newsgroups the charter of which does not specifically allow
commercial postings, or postings which are directed to either inappropriate,
unrelated, or more than twenty (20) groups or use your Andiamo Telecom account
or web pages as a return address for such postings originated elsewhere.
Should violation of this provision require corrective action by Andiamo
Telecom staff, you agree to pay all costs incurred (minimum $1,000) in
mitigating any harmful effects.
- Billing Policies; Application Form; Changes.
The Application Form which you signed if any is hereby incorporated into
this Agreement. You agree that Andiamo Telecom may change its rates and
otherwise modify any terms and conditions of this Agreement by notifying
you via Andiamo Telecom's services 30 days in advance of the effective
date of such changes. Until you notify us to close your account, you agree
that any new terms and conditions will supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any variance
with the terms and conditions of this Agreement and any order forms
submitted. You agree to pay service charges until your account is cancelled
by signed notification. Upon such notification, Andiamo Telecom agrees to
refund the service fees for any future terms, and close your account at the
end of the current billing period. Andiamo Telecom invoices quarterly for all
accounts. You agree to make all payments by the specified due date. Accounts
will be suspended for non-payment. You agree to pay a $10.00 administrative
fee to re-instate your account if it is suspended for non-payment. You also
agree to pay a $10.00 administrative fee for the second or subsequent change
in userid which you request. You also agree to pay a $50.00 administrative
fee for domain name changes which you request. If your check is returned to
Andiamo Telecom unpaid, you agree that you will pay a return check charge of
$50.00. If you choose automatic payment by credit card. You agree that
access to your account can be restricted if credit card processing fails
for any reason. You agree that if your account is unpaid after fourteen (14)
days of due date, Andiamo Telecom may cancel your service. If you default,
you agree to pay Andiamo Telecom reasonable collection expenses, including
attorney and collection agency fees.
- End User Cancellation. All Internet cancellations
are effective on the last day of the month, and Andiamo Telecom will not
prorate for unused fractions of months. Cancellations of multi-month
plans will be effective on the last day of the current month, a $25
early cancellation fee will apply, and any used months will be rerated to
the month-to-month rate. An adjusted credit will be applied for any
unused months.
- Choice of Law. You and Andiamo Telecom agree
that the law of the State of Arizona, U.S.A. will apply to all matters
relating to this Agreement and to Andiamo Telecom's services. In addition,
you and Andiamo Telecom agree and consent that the courts of Maricopa
County, Arizona, U.S.A. will have exclusive jurisdiction and be the
exclusive venue for any legal actions relating to this Agreement or to the
services provided here under.
- Rights Not Waived. Failure by either you or
Andiamo Telecom to insist upon compliance by the other party with the
terms and conditions of this Agreement shall not constitute a waiver of
any rights under this Agreement.
- Partial Invalidity. If any part, term or
provision of this Agreement is determined to be invalid or unenforceable
by a court, board or tribunal of competent jurisdiction, such term or
provision shall be construed in all respects as if such provision were
written in a manner acceptable to said court, board or tribunal, or, if
such provision is found to be totally unacceptable to such court, board
or tribunal in any form, then as if such invalid provision were omitted
altogether.
- Entire Agreement. It is expressly understood
that there are no oral agreements or understandings between you and Andiamo
Telecom which will be deemed to extend, restrict or otherwise supersede
the exact terms of this Agreement. If any provision of this Agreement fails
to comply with applicable law, then this Agreement shall, without prior
Notice, be automatically modified to conform with the minimum requirements
of any law or governmental regulation having application to or jurisdiction
over the subject matter or the parties here to. Otherwise, this Agreement,
the Application Form, and any later written changes published via Andiamo
Telecom's service, constitutes the entire Agreement between the parties.
- DSL Usage. Andiamo Telecom will not install
DSL as bandwidth for another Internet service provider. Andiamo Telecom
reserves the right to terminate or refuse DSL service at our discretion
to anyone we deem to be using an unreasonable amount of bandwidth.