Terms, Conditions and Standard Agreement from Coastal Web Online Corporation (CWO) Internet Services
The friendly folks at Coastal Web Online (CWO) welcome you to an exciting INTERNET experience.
NOT reading this document does not limit your liability regarding your subscription.
GENERAL. CWO may modify the terms and conditions of this agreement at any time. Terms and conditions in effect shall be those currently published on the CWO web site (www.cwo.com). Prices may change at any time, and may be based upon prices posted on the CWO web pages (www.cwo.com) or at the CWO headquarters. A Subscriber (also called Customer) is any individual, organization or business who pays to CWO for any services from CWO.
CANCELLATION of INTERNET SERVICE and PREPAYMENT OF MULTIPLE MONTHS OF SERVICE. Internet Service customers who prepay for services quarterly, semi-annually, or annually, and who cancel prior to or before the months of service are completed, will not receive any refund for months not used, under any circumstance, unless agreed upon in writing by CWO staff, prior to the start of their Internet services.
CANCELLATION of BROADBAND SERVICE including all types of DSL, WIRELESS, T-1, fractional T-1 and In-Building Broadband. Subscriber (Customer) may cancel service upon a 30 day written signature notice by mail, e-mail or fax. Subscriptions cancelled after the 5 th day after their due date will not receive refunds of money for that month's fees. CWO will not refund any "set-up" or "installation" fees. Any customer who has entered into a term agreement for multiple months of BROADBAND service with CWO, and who cancels such Broadband service prior to the completion of that term, must pay for all unused months of service under that term; unless specific written language states a different penalty clause or clauses for early termination or cancellation of Broadband service.
Non use of the Internet or any other CWO Service, by the customer, does not limit the customer’s liability for payment of contracted or agreed upon services, whether under contract for multiple months or years or on a month to month basis. Customers who have contracted for services from CWO for more than one month, will be liable for payment of all monthly fees and charges, even if the customer does not use those services.
PAYMENT POLICY. PLEASE NOTE: Effective June 1, 2007, all accounts past due are subject to a 2.5% late fee. CWO Subscribers who pay from CWO invoicing understand that the invoice is due and payable upon the invoice date. Subscribers not paying by the 21 st day of the invoice date may be subject to automatic locking of their account and access to the Internet as well as locking any web sites, business or personal, that may be served on CWO servers as well as locking any e-mail that may being stored on CWO mail servers. Subscribers not paying by the 30 day from the invoice date, may be subject to deletion of services, including any web site or e-mail files that exist on the CWO Internet system. Failure to make payments when due, either by credit card, debit card, automatic checking account withdrawal, monthly, quarterly, semi annual or annual invoice, or other means such as cash payments, may result in immediate termination, cancellation, or locking of our services. Failure to make payments, for any reason of default, such as bankruptcy, credit card processing failures, checking or debit account closure, or other reasons of payment default by customer, does not limit the liability of the customer to make payments of past due amounts and CWO may restrict all or some of the services to the customer for any payment overdue more than 30 days.
PHONE ACCESS NUMBER NON-LIABILITY. CWO is NOT responsible or liable for any phone charges you may incur as a result of connecting to CWO Internet Services. CWO further, DOES NOT guarantee that any CWO Internet Access phone number that you dial will not incur metered rate, message unit or long distant charges to you, your residential phone and/or your business phone system. The CWO subscriber is solely responsible for determining if there are local phone charges that may or will occur as a result of connecting to the Internet or CWO. CWO will not reimburse any subscriber for any phone charges no matter if the phone number incurring the charges was obtained from CWO staff, a CWO printed list, a CWO data setup disk, or by some other means.
CWO WILL NOT PAY FOR ANY PHONE CHARGES OF ANY SUBSCRIBER FOR ANY REASON !!!
SUBSCRIPTION START DATE. SUBSCRIPTION FEES WILL BE DEBITED FROM SUBSCRIBER'S CHECKING OR CREDIT CARD ACCOUNT UPON RECEIPT BEGINNING FROM THE START DATE OF THIS AGREEMENT. The start date is the date this message was sent by e-mail.
TERMINATION AND UNACCEPTABLE USE. CWO may, at CWO management's discretion, immediately terminate or reduce service to the subscriber upon any single or multiple incident of the following conditions: 1.) failure to pay subscription fees; 2.) automatic reconnect logon's and "pinging", for the sake of maintaining an unattended or permanent connection to the CWO system, 3.) interfering with or disrupting Internet services, equipment or other users on the CWO system and servers; 4.) propagation of computer "viruses", 5.) unauthorized entry into another person's or organization's computer, information or communication devises or resources, 6.) Web pages that are or may be considered pornographic, or libelous to individuals, organizations and groups, 7.) Unsolicited blanket E-mailing also known as "spamming" to any other e-mail addresses in any quantity, [please see spamming definitions below] 8.) Any violation of Local, State, and Federal law, as well as any United States' treaties of International Law pertaining to illegal use of Internet and telecommunications equipment, and services, copyright or trademark law and pornography law, 9) storage and/or transfer of any copyrighted software or files without the owner of such copyrighted software or files written permission on file at CWO headquarters, and/or 10) allowing multiple connections or multiple computers to be connected to the CWO Internet service at the same time through a single-user personal or single-user business CWO Internet Subscription account.
CWO may terminate Subscriber service for other reasons upon 5-day e-mail notice.CWO may refuse service to anyone.
PASSWORDS and SERVICES. Subscriber is responsible for their individual passwords and login "usernames" and shall not intentionally give their password to anyone. Subscriber may not resell, assign or transfer this agreement or Internet access without prior written authorization from CWO.
INDEMNIFICATION. CWO, it's officers and agents, and our partners, suppliers and their owners/officers, agents and employees are not responsible for any and all claims and losses accruing or resulting to any and all Subscribers and any other person, firm organization or corporation furnishing or supplying work, services, equipment, materials or supplies in connection with the performance of this agreement.
WEB PAGES. WEB or FTP Files ARE SUBJECT TO ADDITIONAL FEES IF USED FOR BUSINESS, SALES, SERVICES or PROMOTION OF INFORMATION, DISTRIBUTION OR PROMOTION OF DOWNLOADING OF PROGRAMS AND FILES. Subscriber may not advertise any business or service, either their own or other businesses, services or ventures, without the knowledge of CWO. Subscriber is responsible for all web page content and should maintain copies of all web page files at their own facilities or as backup files on their own computer(s).
CWO is not responsible for loss of any web page files for any cause !!
UNLIMITED ACCESS. Unlimited Access means access is available 24 hours a day. Unlimited Access does not mean the ability to stay online when not in use or an "assumed" permanent connection. Dialup Accounts using the single user connection more than 250 hours per month, may be subject to restriction and termination. A "permanent connection" dialup account is $65.00 per month. Unlimited Access accounts may be not be used as a "permanent connection" and may be terminated upon refusal to comply with hour limitations.
DOWNLOAD LIMITS. All broadband accounts including ISDN, Home Wireless, Business Wireless, Fractional T-1, Full T-1, DS3, and DSL have certain download file transfer limitations that apply as follows:
ISDN is limited to 3 Gigabytes of transfer data per month. After exceeding that limit, your circuit may be restricted to a reduction of speed, or you may purchase additional transfer amounts as needed.
Home Wireless is limited to 5 Gigabytes of transfer data per month. After exceeding that limit, your circuit may be restricted to a reduction of speed, or you may purchase additional transfer amounts as needed.
Business Wireless is limited to 10 Gigabytes of transfer date per month. After exceeding that limit, your circuit may be restricted to a reduction of speed, or you may purchase additional transfer amounts as needed.
Home DSL, coming into the CWO NOC, is limited to 5 Gigabytes of transfer data per month. After exceeding that limit, your circuit may be restricted to a reduction of speed, or you may purchase additional transfer amounts as needed.
Business DSL, coming into the CWO NOC, is limited to 10 gigabytes of transfer data per month. After exceeding that limit, your circuit may be restricted to a reduction of speed, or you may purchase additional transfer amounts as needed.
Fractional T-1 and Full T-1, co-location and DS3 service is limited to certain individual contract restrictions. Please see your specific contracts.
If a user of the Service is found to be surpassing the maximum allowable data transfer limit, the user’s Customer representative will be notified. CWO will provide details of overuse, and provide reasonable recommendations to the Customer to help identify the types of user behavior that are contributing to the overuse. If the same user continues to overuse the service, CWO will issue a written warning that the overuse is continuing and that the Customer is contravening the Policy, and CWO shall also be entitled to discontinue service to the Remote Terminal (Router and/or RF Bridge) at which the overuse is occurring. This warning will outline the Customer’s options to remedy the overuse:
- scale back the use at such Remote Terminal to appropriate service levels;
- purchase an additional service.
Once written notification of overuse has been provided by CWO to the Customer, the Customer will be charged on a per GB basis according to the following scale:
- 1 to 5 GB overuse: $30 per month per GB of overuse
- 5 to 10 GB overuse: $60 per month per GB of overuse
If the applicable user continues to overuse the Service, CWO reserves the right to limit or discontinue Service. In any case, overuse of greater than 10GB will constitute grounds for immediate discontinuation of Service to the Remote Terminal at which the overuse is occurring.
In order to ensure fair access to the Service by all users, and to protect the integrity of the Service, CWO shall be entitled to take steps to prevent improper or excessive consumption of Service bandwidth by other users of the Service.
CWO reserves the right: (1) to limit clock and throughput rates of certain bandwidth-intensive activities such as, but not limited to, audio and video streaming, and automatic file exchange applications; and/or (2) to discontinue the provision of the Service via specific ports or communication protocols.
FORTY HOUR PER MONTH ACCOUNT. Our 40 Hour per Month Account is designed for those Internet users who can limit their usage to 40 hours per month. Our policy and charges for going over 40 hours in a month are $0.25 per hour for each hour over 40 hours.
Charges for excess hours used, may be charged each month to your credit card or checking account, or invoiced to you on an irregular basis, depending on accumulating fees that make it feasible to send an invoice or charge a credit card or checking account.
ISDN ACCOUNT TYPES and HOURS. There are three types of ISDN accounts. 1. Our Permanent ISDN Account allows 24/7 connections without any interruption of service. 2. Our Unlimited Hours Account allows unlimited use of their ISDN account, however no static IP address is given to the account and periodic dis-engagement of the connection may occur. 3. Our On-Demand ISDN Account allows a maximum of 400 channel-hours for a dual channel service. Hours over the maximum are charged a $1 per channel hour.
DISRUPTION OF SERVICES. CWO does not guarantee uninterrupted access to the Internet. Internet services are obtained from numerous "backbone" Internet companies and connections and equipment can and do break down. CWO will not and cannot be responsible for any disruption of Internet connectivity due to power outages, backbone supplier faults or breakage, CWO equipment malfunction or any natural disaster. All Internet service is provided on an "as is" and "as available" basis. CWO does not warrant for any loss of service time, transmission errors, connectivity or quality of service. CWO will not rebate, refund, or otherwise credit time or money for any lost Internet time for any reason.
EMAIL. CWO is not responsible for lost or deleted e-mail, regardless of cause. Unattended e-mail boxes are subject to removal, after 60 days of non use, without notice.
E-mail boxes that are targets of "mail bombing" are subject to be disabled and/or removed without notice. Furthermore CWO is not responsible for the backup of e-mail and associated items such as address book and calendar entries and/or spam profile settings.
EMAIL LISTS & BULK EMAIL: E-mail lists of more than 100 recipients (per day) are not allowed and the transmission of such lists will result in termination without prior notice.
SPAMMING. Spamming is the sending of unsolicited e-mail to any other Internet user in the world. Coastal Web Online does NOT tolerate any type of spamming regardless if the spam e-mail messages were relayed through our mail servers or not. This also includes using a return e-mail address of a domain name owned or hosted by Coastal Web Online. Similar to unsolicited faxing, there are more and more laws being created by governments against spamming. Spamming is also in violation of every Internet backbone provider in the U.S. CWO uses five such backbone companies and they all restrict spam mail.
Violators of spamming policies will be disconnected immediately without prior notice from CWO services and their service WILL NOT be restored for any reason. Coastal Web Online is not responsible for lost e-mail during or after the cancellation of the spammer's account(s). No refunds for termination of services will be given due to spamming.
FAILURE TO PAY FOR SUBSCRIBED SERVICES. As per your sales agreement, weather written or verbal, you agree, as a CWO customer, that if charges of subscribed services are not paid timely, CWO may charge your Credit Card, Checking Account or Debit Card on file, to resolve any overdue charges.
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