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Modification:
We
reserves the right to add, delete, or modify any provision of
this Policy.
Agreement:
By using our Internet Services all customers agree to abide by
the following policies, including
EvenLink's Privacy Policy.
Long Distance Charges:
If you are a DIAL-UP customer, please be certain that the access number your computer is dialing is a
local number. We are not responsible for any long distance fees
incurred. It is the customers responsibility to make sure that the
number the customer enters into their computer is a local call.
BILLING policy:
If
you are billed monthly, your day of month for bills will be the same day
of the month you signed up (ie. June 1). Invoices must be paid by this
day for the following 30 days worth of service.
Email statements, notices, and late notices are sent for convenience
purposes. Occasionally E-mail notifications can get lost or
misdirected unintentionally either by internal or external factors such
as spam filters. If any notice is not received by the customer, it
does not mean that they are not liable for payment of their monthly
service or late fees. All accounts are active and due on a monthly basis
or according to the term of service agreement at the time of sign-up, and will remain open
and payable until such account(s) are cancelled by a telephone call to
our office and a live representative is spoken with indicating the
request.
If you are a customer who chooses to pay by **CHECK** ALL invoicing for
you will be attempted to be sent by E-mail approximately 24 days ahead of your billing
day, the date which your payment is due as described above.
If you are a customer who chooses to pay by **CREDIT CARD** you will be
invoiced the day of the month that you signed up. On this day we will
also attempt to charge your card for the next 30 days worth of service. We will
always charge your card on this same day, month after month, for your
Internet service. If your card is not approved we will attempt to email you
a
notice that your card was declined. Please be sure to contact us
promptly to resolve any problems.
If
at any time you wish to change your billing method you must contact our
office for those changes or you may log on to our customer interface at
customer.evenlink.com to make changes. Otherwise, your account billing
will remain at your initial choice.
A
$30.00 Credit Card Dispute (the Credit Card Company charge back) charge
plus the amount disputed will be applied to a customer's account when
that customer disputes a valid charge with their card company prior to
bringing the complaint to our attention, always notify us first
of any billing questions.
PAYMENT:
Payments not received on time for any invoices will be subject to a late
charge of $5. If we have not received payment by the 10th day after the
due date, the account will be suspended. Accounts that wish to be
re-activated will be assessed a re-connect fee of $5. Returned
checks are subject to a $25 service charge.
Accounts which are not paid on time, shut
off, and re-activated more than once will require a payment of at least
the past amount owed, late fees, and the following months amount due to
have their service re-activated. A re-activation fee may also
apply.
We wish to continue to offer low prices for its unlimited
Internet access and can only do so if ALL accounts are paid timely.
Please do your part by making sure your account is up to date. If you
have any questions or something does not look correct on an invoice,
please call the our office at the number listed below. Regardless,
please do not ignore notices sent to you. Please contact us by calling
us at 570.988.1800 locally, 866.311.5900 toll-free or via E-mail at
custcare@evenlink.com.
PRE-PAYMENTS ON ACCOUNTS:
Pre-paid accounts are available for your convenience to pay on an annual
basis.
CANCELLATION AND REFUNDS:
Accounts with us remain active until such time as the customer
cancels their account via a phone conversation with one of our customer
service representatives. Any charges on the account are the sole
responsibility of the account holder until the account is cancelled no
matter if the account was used or not. For example, accounts
at our company remain active just as your phone service or cable tv service
does and will continue to be billed until we are notified via a phone
call with a live support person. Due to security issues email
cancellations can not be accepted. DIAL UP ONLY - $25 service fee
to cancel early, the remaining balance will be refunded. Any credit balances on accounts
will not be refunded.
All DSL, VoIP and Wireless customers have a minimum one year
term of service. A
$200 cancellation fee applies if the customer cancels
Wireless before the term expires plus any months of service used.
A $100 cancellation fee applies if the customer cancels DSL before the
term expires plus any months of service used. A $200 cancellation
fee applies if the customer cancels VoIP before the term expires plus
any months of service used. All DSL & WIreless equipment remains
the property of our company and must be returned when term expires or
customer cancels service. If the customer returns the DSL
equipment the cancellation fee will be adjusted and $50 will be removed
from the cancellation fee. No pro-rated credit will be given for
any month which the service period is currently being used.
Overdue & Service Termination Policies for Business Accounts:
Business Accounts are specified as those accounts containing paid
dial-up service, web
hosting, business DSL, ISDN, Wireless, Server Co-Lo, Shared SSL, Parked Domains,
Bulk emails or DNS hosting.
1.
Business accounts which are 10 days late will be notified via phone and
the $5.00 late fee will apply. This information will be derived from our
accounts receivable reports.
2.
Accounts which are 20 days past due will be turned off and a $5.00
reactivation fee will apply. No compensation will be made for any
downtime nor will we be responsible for bounced e-mails as it will be
the result of monies owed. The account will not be reactivated until
payment is received.
Usage Policies:
By
using our web hosting services, you agree to comply with our policies.
You are expected to use the Internet with respect, courtesy and
responsibility, giving due regard to the rights of other Internet users.
We expect you to have a basic knowledge of how the Internet functions,
the types of uses which are generally acceptable and the types of uses
which are to be avoided. Common sense is the best guide as to what is
considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted material, violation
of U.S. export restrictions, harassment, fraud and other illegal
activities.
While most of our plans are essentially an unlimited use product,
We reserve the right to restrict a customer's usage if it
adversely affects network performance.
We reserve the right to time-out a customer's connection after 60
minutes of inactivity. For example, if you were to get up from your
computer and get side tracked and leave your house, you would be
unnecessarily connected to our modems bank using up a phone line and not
allowing another paying customer to gain access to the net through that
modem connection.
The
use of your our connection must be “Interactive”. Interactive is
defined as the person must be physically present at the computer and the
customer must, at least every 60 minutes perform a direct action which
results in the transfer of data. The use of automatic programs to send
or request information does not qualify as interactive use. If you are
disconnected because of a time-out, simply log-on again. Connection
speeds and quality are not affected by disconnecting when service is not
needed. Maintaining a dialup connection by artificial means for the purpose of
keeping the connection open while unattended is strictly prohibited.
Dial Up Connections are NOT dedicated lines and our company
reserves the right to limit connection times and disconnect users at our
discretion.
Data transfers for our dial-up customers are limited to 1.5GB per month
or 50MB per day uploading and/or downloading.
Interpretation:
The
provisions of this Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates law, regulation, or
the accepted norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. We reserves the right at
all times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use:
All types of content is accepted on our network and may be
used only for lawful purposes. Transmission, distribution or storage of
any material in violation of any applicable law or regulation is
prohibited. We will be the sole arbiters as to what constitutes a
violation of this provision.
System and Network Security:
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples include, but are not
limited to the following: unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks. Forging of any TCP-IP packet
header or any part of the header information in an e-mail or a newsgroup
posting.
Dedicated Servers And Collocation:
The Account Holder understands that the services provided by
our company are provided on a dedicated server. This means that the
customer is responsible for all actions done on the server unless the
account holder has chosen to use our system administration services. The
Account Holder is responsible for the security of the Account Holder's
dedicated server, The Account Holder may not hold our company Responsible if The Account Holder's dedicated server has gotten
"Cracked". If the Account Holder refuses to comply with this Section,
then we have the right to terminate the services provided to the
Account Holder without any refunds of the unused portion prepaid by the
Account Holder. The Account Holder agrees to indemnify and not hold
our company and any other Account Holder from any and all Claims resulting
from the Account Holder's use of the services provided by our company.
Resell:
Customers may not resell or give away service without prior written
permission from our company. Services provided by us are for
the exclusive use of the customer at a single business location or home.
Tortuous Conduct:
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
Spamming:
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site.
It is contrary to our company's policy for customers to use our servers to
effect or participate in any of the following activities: To post to any
Usenet or other newsgroup, forum, e-mail mailing list or other similar
group or list articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or list; To send
unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients; To engage in any of the foregoing
activities using the service of another provider, but channeling such
activities through a provided server, or using a provided server as a
mail drop for responses; To falsify user information provided to our
company or to other users of the service in connection with
use of a our service.
Consequences of Violation:
When our company becomes aware of an alleged violation of its Acceptable
Use Policy, we will initiate an investigation. During the
investigation we may restrict Customer 's access in order to
prevent further possible unauthorized activity. Depending on the
severity of the violation, we may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue other
civil remedies. If such violation is a criminal offense, our company will
notify the appropriate law enforcement department of such violation.
Privacy Policy:
CLICK
HERE
LIMITATION OF LIABILITY:
EXCEPT
FOR CERTAIN PRODUCTS OR SERVICES SPECIFICALLY IDENTIFIED AS BEING
OFFERED BY OUR COMPANY, OUR COMPANY DOES NOT CONTROL ANY MATERIALS,
INFORMATION , PRODUCTS, OR SERVICES ON THE INTERNET. CUSTOMER ASSUMES
FULL RESPONSIBILITY AND RISK FOR USE THE SAME, AND IS 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.
OUR COMPANY
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL
WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS
OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, AND THE LIKE. THE
LIABILITY OF OUR COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF
SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT,
IN NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO
CHARGES PAYABLE BY CUSTOMER FOR INTERNET SERVICE UNDER THE INTERNET
ACCOUNT AGREEMENT DURING A PERIOD OF ONE YEAR.
INDEMNIFICATION:
Customer agrees to indemnify our company, and any company from whom
we obtain network services, and to hold them harmless from any
claims resulting from the use of the internet service by Customer or
Users that damages another party or violates the law.
DISPUTE RESOLUTION:
In the event of a breach
of the Internet Account Agreement by Customer, all of the rights of
Customer, as set forth herein, shall be immediately terminated, and all
fees and charges paid to our company shall be forfeited as liquidated
damages. In the event that we are required to engage the services
of an attorney because of a breach of the Internet Account Agreement by
Customer or due to a dispute arising out of the internet services
provided under the Internet Account Agreement, Customer agrees to pay
all of our reasonable attorneys fees and court costs in
connection with the same. The Internet Account Agreement shall be
construed and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania, without regard to its choice of law rules.
Customer expressly consents to jurisdiction in the courts of Lebanon
County, Pennsylvania, and expressly waives the right to a jury trial
with regard to any dispute under the Internet Account Agreement.
ENTIRE
AGREEMENT:
The Internet Account
Agreement, constitute the entire understanding and agreement between the
parties as to the subject matter hereof, and supersedes any prior
written or oral negotiations, representations, guaranties, warranties,
promises, orders, statements or agreements between the parties or any
statement or representation made or furnished by any other person
representing or purporting to represent either party.
Our
company does not issue service credits for any outages incurred through
service disablement resulting from Policy violations.
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