402 N. Columbia, Coulee Dam, WA 99116, 1.800.572.5678 or 509.633.0830


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TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

1.0 SERVICES

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.