1.1 – CUOnlinenow Internet Service and its
subsidiaries (henceforth known as CUOnline) will provide services or assistance
for Internet access on its computing and network systems to individual account
holders in exchange for payment of fees, and in compliance with the terms and
conditions of this Agreement.
1.2 - For Dial-up Internet Service, it is the customer’s sole responsibility to
check with his/her Telephone company to ensure any number the computer may dial
is a local or toll free call. The account holder agrees that CUOnline will not
be held responsible for charges, long distance or otherwise, incurred as a
result of the wrong modem number being dialed by the customer or other user of
customer's computer.
1.3 – There is no money back guarantee for any services that CUOnline provides
unless specifically written in a one-time only promotion.
1.4 – CUOnline does not give any prorated refunds for unused time.
2.0 USE OF SERVICES
2.1 - A typical CUOnline account is for individual
personal use only, and the account holder therefore agrees to maintain a secure
password for the account, and not to share this password with anyone else.
Customer also agrees use their best efforts to protect their Internet service
from being shared or hi-jacked from others not in the same household or
business.
2.2 – For standard Dial-up Internet Service, the account holder further agrees
not to use the CUOnline account for unattended automated operations, or for
multi-user applications, or server connectivity applications. Any account
holder that is using their service that is not designated for this purpose but
used in this manner (a.k.a. a Dedicated or Multi-user Connection) may be
automatically switched to this type of service and charged accordingly.
2.3 - The account holder agrees to use the services as permitted by local,
state/provincial and federal law. The account holder shall not use the services
or carry out any business activity or solicit performance of any activity that
is prohibited by law.
2.4 - The account holder agrees not to use the CUOnline site to obtain,
reproduce or distribute in any way, information, software or other material
which is protected by copyright, without obtaining written permission of the
copyright owner.
2.5 - CUOnline reserves the right to disconnect sessions after a pre-defined
period of inactivity and to restrict the length of sessions if required. The
account holder agrees not to use Internet applications for the purpose of
simulating network activity to avoid session inactivity disconnection.
2.6 – For account holders that are hosting their websites with CUOnline, the
account holder agrees not to store more than the maximum amount of data as
specified according to their plan. The account holder further agrees to backup
all his pages and files that may be stored into his home directory and that
CUOnline will not be held responsible for any type of data that may be lost or
damaged. Backup and storage of the account holder’s website can be provided by
CUOnline for an additional fee.
2.7 - CUOnline reserves the right to prioritize access connectivity if required
in periods of peak network demand. The heaviest usage customers may find their
access temporarily restricted during periods of peak network demand (generally
evening hours).
2.8 - CUOnline enforces a policy of "NO TOLERANCE" with respect to
SPAM and abusive unsolicited email. If you use your CUOnline access to
compromise any Network services, your access and hosting via CUOnline may be
discontinued.
2.9 – CUOnline’s enforcement of Copywrite
Infringement.Copywrite Infringement is
defined as: Using or
distributing information without permission from the person or organization
that owns the legal rights to the information. Including an image or cartoon on
your web site or in a document, illegally downloading music or movies, and
pirating software are all common copyright violations.If you use your CUOnline access to use or
distribute Copywrited material, your access and hosting via CUOnline may be
discontinued.
2.10 - CUOnline will not tolerate nor host on
its servers any home pages or websites containing pornographic or obscene
material.
2.11 - The account holder acknowledges that CUOnline will terminate the account
without notice, if he does not comply with these terms.
3. TECHNICAL SUPPORT.
CUOnline assumes that the account holder has a
basic understanding of their computer. CUOnlinenow Internet Service will not
train the account holder in basic computer skill (i.e., configuring your
firewall, antivirus or other third party software, deleting files or creating
directories). Technical support is provided free and is intended to facilitate
the setup of the account holder’s properly functioning computer system for
access to CUOnline’s services. The account holder’s computer must recognize
their modem or network card, and receive a dial tone or network link
connectivity before any free technical support will be given. Our technical
support team will be happy to assist you in helping you get your computer working
and setup properly for an additional hourly fee. If an account holder wishes to
use CUOnline’s technical support, the account holder must be available to help
troubleshoot the connection or computer setup.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide electronically
to you required notices, agreements and other information concerning CUOnline.
We will send notices periodically via email or post the notices on the home
page at www.cuonlinenow.com or on the relevant web page of the applicable
service. If you want to withdraw your consent to receive notices
electronically, you must discontinue your use of CUOnline’s services.
5. TRANSACTIONS ON THE INTERNET
Any purchase or transaction through the
CUOnline site or the Internet will require the account holder to divulge some
personal information, credit card number or other details of payment. The
account holder agrees that any information provided to a merchant or other
provider through the CUOnline site will be accurate. The account holder agrees
to pay all charges incurred by him or other users of his account and credit
card or other payment mechanisms at the prices in effect when such charges are
incurred. The account holder will also be responsible for paying all applicable
taxes, if any, relating to purchases on the CUOnline site.
6. CONFIDENTIAL INFORMATION
CUOnline will do its best efforts to keep
account holder’s billing and account usage information safe. CUOnline may keep
track of connection usage for purposes of verifying usage or as required by
law. CUOnline may divulge account holder’s information to law enforcement or
other government investigative agency if required by court order.
7. INDEMNITY
The account holder agrees to defend, indemnify
and hold CUOnline harmless from any and all liabilities, costs and expenses,
including reasonable attorney's fees, resulting from any utilization by the
account holder of CUOnline services which cause direct or indirect damage to
another party.
8. TRADEMARKS
CUOnlinenow Internet Service logos and icons
identifying CUOnline and its subsidiaries services referenced herein may
contain trademarks of CUOnline and cannot be used without permission of
CUOnline.
9.0 PAYMENT OF FEES
9.1 - The account holder will pay CUOnline a
usage fee based on the price and service they have signed up for and/or are
using.
9.2 - All payments for services will be submitted in advance of receiving
services.
9.3 - All usage and other fees are non-refundable.
9.4 - The subscriber understands that CUOnline terms require prepayment on the
first day of each term and that the subscriber's account may be subject to late
fees on past-due balances. Furthermore, the subscriber understands that the
service will not be operational if the subscriber's account is past due, and
that collection fees (including legal fees) and related costs are the
responsibility of the subscriber in the event of the subscriber’s non-payment.
9.5 – The account holder understands that a service charge of $25.00 will be
applied to the subscriber's account in the event of a returned payment of any
kind (including a credit card chargeback). It is the responsibility of the
account holder to inform CUOnline of lost, stolen or expired credit card
information, changes in bank account information, or other information
pertinent to the billing for Internet Services.
9.6 – A reconnect fee of $5.00 may be charged to accounts that are past due and
have been deactivated for non-payment.
9.7 - A CUOnline Dial-up Internet account permits single dial-up, and/or log in
sessions only with no simultaneous dial-up and/or log in sessions permitted.
Any simultaneous dial-up and/or log in activity recorded will incur a $19.95
fee per occurrence, charged to the account holder without notice. It is the
responsibility of the account holder to monitor dial-up and/or log in activity
and make sure that no one else is using their account.
10.0 ACCOUNT RENEWAL AND TERMINATION
10.1 - Accounts shall be automatically renewed
for successive terms on the expiry of the initial and each successive term
unless the account holder or CUOnline gives the other party proper notice in
writing of the termination.
10.2 - If the account holder fails to pay for the use of the CUOnline services
or fails to pay any other amount owed to CUOnline in accordance with its
invoice terms, CUOnline may suspended or terminate its services without notice
to the account holder.
10.3 - The CUOnline service may be terminated by either party upon 20 days
written notice before the accounts next renewal date in the absence of any
breach of contract. Written notice may be given via email to
billing@cuonlinenow.com, by fax or by letter. In the case of the account
holder, notice shall be directed to the address provided on the account holder
file. Failure to give appropriate notice of cancellation may cause additional
charges to occur until such notice is given. Cancellation notice less than 20
days prior to the account holder’s due date will cause services to be
terminated the following month’s due date or an early termination fee
equivalent to one month’s service may be imposed.
10.4 – Account holder understands that lack of use does not substitute notice
of cancellation.
10.5 – CUOnline is not responsible for refunds on prepaid services or services
not used but having been paid. It is the account holder’s responsibility to
choose the best plan for their needs and to notify CUOnline when they wish to
cancel their service.
11.0 LIMITATION OF LIABILITY
11.1 – As stated in Section 1.2, account
holder is solely responsible for any long distance or toll charges that might
incur as a result of CUOnline’s services. CUOnline is not responsible for
giving you an incorrect dial-up number or the account holder switching their
dial-up number to a number that is not toll-free. Account holder is responsible
for verifying that any number their computer dials is a local, toll-free
number.
11.2 - CUOnline has the right, but not the obligation, to monitor any activity
and content associated with its sites and services. CUOnline may investigate
any complaint or reported violation of its policies and take any action it
deems appropriate. Such action may include, but are not limited to, issuing
warnings, suspension or termination of service, denying access, and/or removal
of any materials on a hosted web site.
11.2 - CUOnline also reserves the right to report any activity that it suspects
violates any law or regulation to appropriate law enforcement officials,
regulators, or other third parties. In order to cooperate with governmental request,
to protect CUOnline's systems and customers, or to ensure the integrity and
operation of CUOnline's business and systems, CUOnline may access and disclose
any information it considers necessary or appropriate, including but not
limited to user contact details, IP addressing and traffic information, usage
history and posted content.
11.3 - CUONLINE PROVIDES ITS WEBSITE AND SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CUONLINE FURTHER
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS
PROVIDED. CUONLINE FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE
SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. 11.4 - IN
NO EVENT SHALL CUONLINE, OFFICERS, EMPLOYEES OR ITS AFFILIATES BE LIABLE FOR
ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR
INTENTIONALLY OR NEGLIGENTLY, THE USE OF CUONLINE'S SITE OR SERVICES.
12.0 MISCELLANEOUS
12.1 - This agreement shall be governed by and
construed in accordance with the laws of the applicable State/Province, and any
legal action regarding the Agreement shall be brought in the Courts of the
State of Washington and the parties hereto hereby agree to that jurisdiction.
12.2 - Furthermore, upon notice published online by CUOnline services, the
above terms and conditions may be modified, prices for services may be changed,
as well as services may be discontinued or changed.
12.3 - If the account holder is not satisfied with the CUOnline operations, or
with these terms and conditions, policies and practices, his sole and exclusive
remedy is to discontinue using the CUOnline site. The account holder will
please notify our Customer Service department in writing to initiate a closure
of his/her account.
12.4 - While CUOnline provides a significant virus filter for email, you
acknowledge that the Internet is an inherently insecure environment and that
any computer or other equipment you attach directly or indirectly to the
Internet may become the target of computer hackers and are susceptible to
attacks from viruses or the like. You are solely responsible for keeping your
machines secure, updated and free of viruses or other harmful programs that can
directly or indirectly interfere with the operations of CUOnline's sites and
services, and that of third parties connected to its networks. You are solely
responsible for guarding against and repairing your computers and other systems
from any infection by malicious code or unauthorized use.