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Terms Of Use Agreement |
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1. INTRODUCTION |
Willow Creek Computer Systems, LLC ("WCCS") agrees to
provide certain Internet services, as they may exist
from time to time (the "Services"), to:
(1)individuals who establish and account with WCCS
and subscribe (which may include a fee) for certain
Services ("Subscribers"); and
(2)individuals who access some of our Services but do
not have accounts ("Visitors") (Subscribers and
Visitors are collectively referred to as "User(s)").
Through establishing an account with WCCS or by using
the Services, all Users agree to by bound by the terms
of this Agreement, our Acceptable Use Policy, Privacy
Policy, and our other policies. If you do not wish to
be bound by the terms and conditions of this
Agreement, you may not use any of our Services.
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2. TERM OF AGREEMENT |
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By
using the Services, you accept the terms of this
Agreement and all amendments thereto. If you do not
agree with the terms and conditions contained herein,
your sole and exclusive remedy is to discontinue using
the Services, and if you are a Subscriber, you must
terminate your WCCS Account. |
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3. SUBSCRIPTION REQUIREMENTS |
Subscribers must be at least 18 years old. All Users
acknowledge that certain materials available from the
Services may not be suitable for individuals under the
age of 18. In particular, all Users acknowledge that the
Internet contains unedited materials, some of which are
sexually explicit and possibly offensive. All Users
access such material(s) at their own risk.
Subscribers acknowledge that local dial-up numbers may
not be available in all areas. Further, Subscriber is
responsible for the determination of whether a
particular dial-up number will impose long-distance,
toll or other charges. WCCS recommends that you contact
your local phone company to determine whether a dial-up
number you have selected or you have been given is a
local call from your location. WCCS does not guarantee
or warrant that any dial-up access numbers provided will
be a local call from your location. Any such charges are
the sole responsibility of Subscriber. |
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4. TERMS OF PAYMENT |
Subscribers agree to provide WCCS accurate and complete
billing information. This includes Subscriber's: (i)
legal name; (ii) personal residence address; (iii) home
telephone number; and (iv) complete credit card/debit
card billing information, including expiration date.
Subscriber agrees to report to WCCS all changes to this
information within thirty days of the change.
Subscribers may contact WCCS's Customer Service
Department at
billing@wccs.net or 940.683.5797 for any questions
regarding charges to an account.
Charges are typically billed to a Subscriber's credit
card/debit card each month for the particular service
and any additional usage or services, or fees. WCCS is
not responsible for any consequential fees or expenses
for charges billed by WCCS (i.e., overdrawn accounts,
etc.). Subscriber agrees to permit WCCS to automatically
bill the credit card/debit card on each successive
billing date without additional Subscriber approval.
Subscriber may cancel the account (see, Termination in
Section 10) or request to not renew the Services prior
to the plan anniversary.
If Subscriber pays through a prepayment plan, automatic
billing shall apply only to charges not paid through the
prepayment plan. Subscriber agrees to permit WCCS to
automatically bill the credit card/debit card on each
successive anniversary date without additional
Subscriber approval, unless Subscriber cancels the
account (see, Termination in Section 10) or requests to
not renew the Services prior to the plan anniversary.
If WCCS permits Subscriber to pay by check, payments are
due as indicated on WCCS's invoice. Dishonored checks
are subject to a collection fee in the amount of $25,
and WCCS may suspend Subscriber's account until the
account is brought current.
Unless Subscriber notifies WCCS of a billing discrepancy
in writing within thirty(30) days of the date of the
billing, they will be deemed accepted by you for all
purposes including from all liability and claim of loss
resulting from any error or discrepancy that is not
reported to WCCS with thirty(30) days of its publication
date. Adjustments will not be made for charges that are
more than 30 days old.
WCCS may suspend or cancel delinquent accounts at its
sole discretion. However, charges shall continue to
accrue unless and until the account is canceled. WCCS
may bill an additional charge of $25 to reinstate a
canceled account. Termination of Service shall not
relieve Subscriber from the obligation to pay any
outstanding service fees. Subscriber agrees to pay
WCCS's reasonable attorneys fees and costs in the
collection of any outstanding service charges.
WCCS reserves the right to change the pricing for its
Services at any time without prior notice. We may charge
for taxes and other applicable fees.
If Subscriber is not completely satisfied and terminates
the WCCS's services account within the first 30 days
after signing up, Subscriber shall receive a full refund
of the paid amount. The thirty(30) day money-back
guarantee does not apply to customers who change between
different prepayment options for the same service.
If Subscriber initiates a request for a "chargeback"
with his/her credit card/debit card company, WCCS may
charge Subscriber a $25 "chargeback" fee for
administrative costs associated with a "chargeback"
proceeding. Given this policy, WCCS recommends Customer
contact a WCCS's customer service representative before
disputing any charges or requesting a "chargeback" with
his/her credit card/debit card company. |
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5. SUBSCRIBER'S ACCOUNT AND USAGE |
Upon
registration, Subscribers shall receive a username,
password and account designation (the "WCCS Account").
Usernames, passwords and e-mail addresses are subject to
WCCS approval and shall remain the sole property of
WCCS. Subscriber and members of Subscriber's household
are the only authorized users of the WCCS Account and
all must comply with this Agreement. Subscriber agrees
to keep the password of the WCCS Account confidential
such that no one else accesses the Services through
Subscriber's WCCS Account. Subscriber agrees to notify
WCCS immediately upon the discovery of any unauthorized
use of the WCCS Account.
WCCS's offer of "Unlimited Access" does not permit a
Subscriber to maintain a dedicated connection to the
internet. Subscribers may only utilize WCCS's connection
while actively surfing the internet. Further, there are
certain limitations to the "Unlimited Access" nature of
the WCCS Account. In particular:
(i) Subscriber agrees to have their on-line session
automatically terminated after fifteen (15)
consecutive minutes of inactivity. Inactivity is
defined as less than 500 bytes of data transferred
between Subscriber's modem and our Service;
(ii) Subscriber agrees to have their on-line session
automatically terminated after eight (8) hours of
consecutive time, regardless of the amount of data
transferred during such specific on-line session;
(iii) Subscriber agrees not to log back onto WCCS's
system for a period of at least one minute following
the termination of their previous on-line session
regardless of the reason for the termination of the
previous session;
(iv) Subscriber agrees to maintain no more than one
(1) concurrent on-line session for each WCCS Account
purchased; and
(v) Subscriber agrees not to use any automatic method
to avoid inactivity disconnect or to otherwise
maintain a connection unless actively using the WCCS
Account.
WCCS reserves the right to change its POP numbers at its
discretion and to direct Subscribers to use certain
numbers to access the Service or to restrict the use of
certain access numbers.
WCCS shall not be held responsible for any lost e-mail
data, attachments, or message contents regardless of the
reasoning for data loss or system causes. WCCS shall not
be held responsible for any lost web data, files, or any
web site contents regardless of the reasoning for data
loss or system causes.
WCCS reserves the right to monitor the Services at its
discretion and may disclose information regarding the
use of the Services for any reason if WCCS, in its sole
discretion, believes that it is reasonable to do so in
order to satisfy any legal, regulatory or governmental
requests, or to protect itself and its Subscribers. For
more information on the disclosure of information,
please see our Privacy Policy. WCCS also reserves the
right to remove any material or information from its
servers if WCCS, in its sole and absolute discretion,
determines to violate its Acceptable Use Policy.
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6. DISCLAIMERS, WARRANTIES, AND
LIMITATION OF LIABILITY |
DISCLAIMERS, WARRANTIES, AND LIMITATION OF LIABILITY
OTHER THAN WCCS'S OWN PRODUCTS AND SERVICES SPECIFICALLY
IDENTIFIED AS BEING OFFERED BY WCCS, WCCS DOES NOT
CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR
SERVICES ON THE INTERNET THAT PASSES THROUGH OUR
SYSTEM/NETWORK. THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. WCCS HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL
RISK AND RESPONSIBILITY FOR USE OF THE SERVICES AND THE
INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE
ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES,
PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE
INTERNET OR THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. NO ADVICE OR INFORMATION GIVEN BY WCCS, ITS
AFFILIATES, LICENSEES, CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WCCS NOR ITS
AFFILIATES, LICENSEES, CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS
FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR
OTHER HARMFUL COMPONENTS.
USERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL WCCS, ITS
AFFILIATES, LICENSEES, CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT RESULT IN ANY WAY FROM SUBSCRIBER'S USE OF OR
INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET
OR ANY PART THEREOF, OR SUBSCRIBER'S RELIANCE ON OR USE
OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY
FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY
OTHER CAUSE OF ACTION. IN ANY EVENT, WCCS'S CUMULATIVE
LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO
THE USE OF THE SERVICES SHALL BE LIMITED TO THE UNUSED
BALANCE OF SUBSCRIBER'S SUBSCRIPTION PAYMENT PRO-RATED
TO REFLECT THE CURRENT TERM.
There will be no refunds for scheduled or unscheduled
service interruptions of less than 24 hours duration. At
its sole discretion, WCCS.net may elect to provide a pro
rata or additional/extension of service refund for
service interruptions of greater than 24 hours.
If a User is dissatisfied with the Services or with any
terms, conditions, rules, policies, guidelines or
practices of WCCS in operating the Services, User's sole
and exclusive remedy is to discontinue using the Service
and/or cancel the WCCS Account pursuant to Section 10. |
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7. SOFTWARE LICENSE |
WCCS
grants to each Subscriber a limited, nonexclusive,
nontransferable and nonassignable license to install and
use the WCCS access software, its associated
documentation, and any updates thereto (the "Licensed
Programs") in order to access and utilize the Services.
Each Subscriber agrees to use the Licensed Programs
solely in conjunction with the Services and for no other
purpose. WCCS may modify the Licensed Programs at any
time, for any reason, and without providing notice of
such modification to a Subscriber.
The Licensed Programs constitute confidential and
proprietary information of WCCS and WCCS's licensors and
embody trade secrets and intellectual property protected
under United States copyright laws, other laws, and
international treaty provisions. All right, title, and
interest in and to the Licensed Program, including
associated intellectual property rights, are and shall
remain with WCCS and WCCS's licensors. Subscriber(s)
shall not translate, decompile, reverse engineer,
distribute, remarket, or otherwise dispose of the
Licensed Programs or any part thereof.
Subscribers may not download, use, or otherwise export
or re-export the Licensed Programs or any underlying
information or technology except in full compliance with
all United States and other applicable laws and
regulations. Through installation or downloading of the
Licensed Programs, Subscriber warrants and represents
that he/she is not located in, under the control of, or
a national or resident of any country on the United
States Treasury Department list of Specially Designated
Nationals (SDN) and Blocked Persons list. |
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8. WEB SITE USAGE |
Our
web sites with home pages on the world wide web in the
domain name "Wccs.net", or any other site operated by
WCCS or its customers (a "Web Site") is a complimentary
service offered by WCCS to all Users. We may provide
links on a Web Site to other Web Sites that are not
under our control. In general, this includes any Web
Site that does not have an address (or URL) that
contains one of our domain names. These links are
provided only for convenience. We do not endorse any
organization or individual operating another Web Site.
We do not make a warranty of any type regarding other
Web Sites or the information on the other Web Sites. You
may not provide a hypertext link to our Web Site on
another Web Site unless you receive our prior written
permission.
Some portions of the Web Sites are made available for
the free exchange of ideas by participants and are not
regularly monitored by WCCS. WCCS assumes no liability
and makes no warranty to undertake the screening or
removal of such material. Users agree to hold WCCS
harmless from all claims based upon the materials posted
by others. Further, Users agree to indemnify WCCS from
any claims made by third parties regarding the User's
posting of any material in associated chat rooms or
discussion areas. Any personal information posted by a
User is done at User's own risk; WCCS assumes no
liability arising from the use (or misuse) of that
information. Users agree to not use the Web Sites to
distribute or publish any advertising of goods or
services, or other commercial messages. Users agree to
not post, upload or otherwise introduce a virus or other
harmful code onto the Web Sites.
The posting of any material on a Web Site results in an
automatic grant by a User to WCCS of a license to
include the material on the Web Site and to reproduce,
publish, distribute, perform, display, and transmit the
material and to prepare derivative works as may be
reasonably necessary to do so. User waives all rights of
attribution and integrity with respect to any such
material. |
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9. INDEMNIFICATION |
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All
Users agree to indemnify and hold WCCS harmless against
any and all liability, loss, claim, judgment, damage and
expense (including without limitation attorneys fees and
costs of litigation), incurred as a result of any and
all use of User's WCCS Account. All Users agree to hold
WCCS harmless from all claims based upon the materials
posted by others. Also, all Users will indemnify WCCS
from any claims made by third parties regarding the
material that Users may provide. Personal information
posted by you to the Web site is posted at your own
risk. WCCS will have no liability arising from use of
that information. You shall not use the Web site to
distribute or publish any advertising of goods or
services, solicitations for funds, or other commercial
messages. You agree that you will not post, upload or
otherwise introduce a virus or other harmful code onto
the Web site. |
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10. TERMINATION |
WCCS
reserves the right to cancel the Services, with or
without cause, without prior notice. WCCS may provide a
termination notice to you either by:
(i) e-mail addressed to your WCCS Account; or
(ii) United States mail to the address you provided
for the Services.
After the thirty(30) day money-back guarantee period,
under no circumstances will WCCS refund any shipping,
setup, sign up, or handling fees. After the first 30
days, Subscription Packages are non-refundable. There
are also no refunds for time not used. During the
thirty(30) day money-back guarantee or during the 1st
year of service, you will also be required to return to
WCCS any Equipment (in good working condition) provided
to you by WCCS. In the event you fail to return the
Equipment, an additional charge for the unreturned
Equipment will apply.
Subscriber(s) may terminate a WCCS Account by providing
notice of intent to terminate to WCCS by:
- e-mail to
billing@WCCS.net
- Telephone 940.683.5797
- FAX 940.683.1733
- registered or certified mail, return receipt
requested addressed to WCCS, 917 Halsell St.
Bridgeport, Texas 76426
Fees for any shipping, setup, sign up, or handling
fees are non-refundable after thirty (30) days.
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11. MISCELLANEOUS |
This
Agreement, the Acceptable Use Policy, the Privacy
Policy, and WCCS's other polices posted on its Web sites
constitute the entire agreement between any User and
WCCS concerning the use of the Services. WCCS reserves
the right to revise, amend, or modify this Agreement and
any other policies and agreements at any time and in any
manner. WCCS may modify this Agreement by placing a
notice of such modification on our website, and User's
continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of
any such modification. User agrees to check this on-line
area regularly to determine whether this Agreement has
been modified. If User does not agree to any
modification of this Agreement, User must immediately
stop using the Service.
Unless otherwise specified herein, this Agreement
constitutes the entire agreement between Subscriber and
WCCS with respect to the Services and supersedes all
prior or contemporaneous communications and proposals.
If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect the
original intentions of the parties (as closely as
possible), and the remaining portions shall remain in
full force and effect.
This Agreement shall be governed by the procedural and
substantive laws of the State of Texas. All Users
consent to the personal jurisdiction of the federal and
state courts located in the State of Texas as having
the exclusive jurisdiction concerning all disputes
arising out of or related to this Agreement and the
Services. All Users hereby waive any rights to removal
to any other jurisdiction. |
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