CVC Internet, LLC Terms and Conditions of Wired Internet Service
Conditions of Service updated July 1, 2008
Terms are subject to change and will supersede prior terms of service.
Please read these Guidelines (Terms
& Conditions of Service), carefully before opening or continuing an account
with CVC Internet, LLC.
By using CVC Internet, LLC services, you agree to comply with these Terms & Conditions of Service.
It is understood that CVC Internet, LLC does not own, or control any Internet computers outside of the cvc.net domain, nor the network lines which connect them. The Internet is a collection of government, educational, commercial and private systems linked together without direction or management. CVC Internet, LLC does not control the accessibility, or content of systems which comprise the Internet. This allows for openness and value, but also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information from the Internet, they must keep in mind that CVC Internet, LLC does not verify, warrant or vouch for the accuracy and quality of information they may acquire. The customer must exercise his or her best judgment in the information obtained from the Internet, and should be aware that some material on the Internet is sexually explicit or offensive. Because CVC Internet, LLC cannot monitor or censor the Internet, CVC Internet, LLC cannot accept any responsibility for injury to its customers or their end users that results form unsuitable, incorrect or offensive Internet communications.
Customer must provide, at Customerís own cost, all telephone and other equipment necessary to access and use the Internet service and shall be responsible for all charges necessary for such access and use. Control over the receipt, display, transmission, or storage of all files and material is the sole responsibility of the customer who is accessing the Internet. Customer is solely responsible for user access security and network access. CVC Internet, LLC does not and cannot monitor or control the content and information accessed by the Customer. CVC Internet, LLC shall not be liable or held responsible in any way for any content or information accessed from the Internet by the customer. Customer shall not permit others to use Customerís account and shall notify CVC Internet, LLC of any known or suspected unauthorized use of Customerís account. Customer is responsible for maintaining the confidentiality of his/her password. Customer shall fully be liable for all use of his/her account, including any unauthorized use of the account prior to CVC Internet, LLC receipt of notice from Customer regarding such unauthorized use. No more than one login session (Session described as - access to CVC Internet, LLC service and/or the Internet via Customers equipment) can be used at any time by the Customer unless paying for additional services. If multiple connections are verified by CVC Internet, LLC, customer will be responsible for additional charges. Customer Will Provide Payment for Products and/or Services with a valid credit card with signed authorization to charge the Customers account, or payment by check/money order for full network connection costs including setup and periodic service fees, and any other charges the Customer may incur through our Services. Service to begin upon completion of validated procurement of fees. Setup fee is nonrefundable. Customer is responsible to notify CVC Internet, LLC of any changes in their name, address, credit card information, etc. To continue to receive Services from CVC Internet, LLC, you must have and keep satisfactory credit. If at any time, we determine in our sole discretion, that payment for Services may not be made when due, we will suspend Services to you, and require that you provide payment on account or a guarantee of payment before resuming Services. All past due accounts will incur a reactivation/reprogramming fee. Acceptance of late or partial payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us. If the Customer has a dispute of charges, dispute must be received within 5 days of the billing date (the 1st of the month). Uncollectible Funds: Customer will pay in cash at CVC Internet, LLC office, within five (5) days of notification via E-mail, a fee equivalent to current insufficient funds/handling charges and charges for CVC Internet, LLC Services that were not collected on checks or credit cards that are declined by the bank. Customer will provide CVC Internet, LLC with another valid chargeable credit card.
Customer's Anniversary Date will be the 1st of each month. Example: if Customer begins service on the 12th of January, the Anniversary Date is the 1st of January, the service charge will be prorated for the remainder of January, thereby making their account due on the 1st of each following month. This Agreement shall extend from the Anniversary Date until one month from the Anniversary Date, and shall continue month-by-month as per the Agreement. CVC Internet, LLC reserves the right to make changes to rates charged for goods or services provided by CVC Internet, LLC without prior notice.
If service is bought in one month increments or is part of a prorated charge, No Proration on the terms for cancellation for any prepayment is allowed. Nor is proration given, for Services not used. We do not record time used, unless Services are abused. If Customer requests log time to be verified, a technical fee will be incurred. If Customer is unable to utilize Services, it is the responsibility of the Customer to contact CVC Internet, LLC, to place account on hold or to terminate Services, until a request is received customer is responsible for payment of an active account.
Service(s)/Placing Account on Hold
To deactivate Services or place account on hold, Customer will need to complete a "Request for Deactivation of Service Form" or "Request to Place Account on Hold Form", a copy may be obtained at the CVC Internet, LLC office (2250 South 6th Street, Klamath Falls, Oregon), during regular business hours, or Customer may request a copy to be mailed to them by U.S. Mail. Under this Agreement, Notices Given by the Customer shall be in writing (request by phone are not accepted), and must be received thirty (30) days in advance of the date Customer wants notice to become effective. We may terminate Services at any time, with or without notice (for any conduct which CVC Internet, LLC, in its sole discretion, believes violates the terms and conditions of this Agreement, or is otherwise harmful to CVC Internet, LLC interests or the interests of other customers). We may deactivate before you receive notice of termination (if we give any notice). Termination by either of us may be with or without cause. The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. You must pay all charges for Services provided before termination of a account and equipment, regardless of who terminates Services. If Services are terminated before the end of the month, the monthly recurring charge is not prorated to the date of termination, and you will not receive a credit or refund for any unused Services.
Internet Access Accounts: Personal/Commercial Internet access accounts are unmetered. They are not unlimited nor dedicated connection accounts. Personal/Commercial Internet access accounts may not run their own servers or programs which provide network services from these accounts. Examples of prohibited servers and programs include, but are not limited to, Web, Mail, and IRC servers, and multi-user interactive forums. Users are also prohibited from running programs which keep their connection open without reasonable interactivity. Examples include, but are not limited to: using PING, keep-alive or e-mail programs to keep the connection open while you are not actually at your computer. Each Internet access account allows for a single modem connection at any particular time. It is the user's responsibility to ensure this restriction is enforced. Multiple connections with a single access account will result in additional monthly charges.
E-mail: CVC Internet, LLC users may not send e-mail to any user who does not wish to receive it. CVC Internet, LLC recognizes that e-mail is an informal medium; however, users must refrain from sending further e-mail to a user after receiving a request to stop. Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. CVC Internet, LLC users may not send, propagate, or reply to mail bombs (spamming). Mail bombing is defined as either e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent. CVC Internet, LLC users may not alter the headers of e-mail messages to conceal their e-mail address or to prevent users from responding to messages. Failure to abide by Netiquette sometimes results in massive numbers of e-mail responses. If an CVC Internet, LLC user receives so much e-mail that CVC Internet, LLC resources are affected, CVC Internet, LLC will shut down the user's mailbox.
Usenet News: CVC Internet, LLC users may not attempt to "flood" or post a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow ups to messages with no new text. CVC Internet, LLC users may not alter the headers of posts to newsgroups to conceal their e-mail address or to prevent users from responding to posts. Established Usenet conventions prohibit advertising in most newsgroups. CVC Internet, LLC users may post advertisements only in those newsgroups which specifically permit them in the charter or FAQ. CVC Internet, LLC users are responsible for determining whether or not a newsgroup permits advertisements before posting. Netiquette also prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include pyramid schemes, chain letters, encoded binary files, job offers or listings, and personal ads. CVC Internet, LLC users may post these types of message only in newsgroups which specifically permit them. CVC Internet, LLC users are responsible for determining whether or not a newsgroup permits a type of message before posting.
Services Can Only Be Used for Lawful Purposes in compliance with all existing State of Oregon, Federal and International laws including, but not limited to: trade secrets, copyright and trademark laws. CVC Internet, LLC Services cannot be used for any unlawful or fraudulent activities including, but not limited to: storing, distributing or transmitting of any illegal data. Anyone using the Service (incoming or outgoing), will not use the Service so as to interfere with or disrupt Network users, services or equipment. Disruption includes, but is not limited to, distribution of unsolicited advertising, propagation of computer worms, Trojan horses or other viruses, using the Network to make unauthorized entry to any other machine accessible via the Service, mass posting or receiving of messages to any e-mail box (Spamming) whether it be on CVC Internet, LLC or another Internet Service Provider, refrain from sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail and Usenet news postings. Customer agrees to indemnify and hold CVC Internet, LLC harmless from any claims resulting from Customerís use of this Service. Use of other Networks may sometimes require approval of the respective network authorities and use will be subject to any acceptable usage policies such networks establish. If your actions indicate that you are trying to crack, attack, block or intrude on the networks of CVC Internet, LLC users or those of other providers, we will deactivate your service and hold you liable for your actions. If your account is found responsible for actively committing malicious behavior (cracking machines, Denial of Service attacks such as IP Spoofing, Ping of Death, SYN Flood, LAND Attack, etc) your account will be deactivated immediately. If your account is used as a relay point for unsolicited or spoofed e-mail your account will also be deactivated.
Provision of CVC
Internet, LLC Services
Your purchase of CVC Internet, LLC Service(s) or equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. You may not resell, lease, transfer or share Services/equipment to anyone. Services are available within the operating range of the Coverage and quality of Services may be affected by conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Services. CVC Internet, LLC may deny customer access to all or part of the System without notice if customer engages in any conduct or activities that CVC Internet, LLC in its sole discretion believes violates any of the terms and conditions in this Agreement. If CVC Internet, LLC denies customer access to the System because of such a violation, the customer shall have no right to access through CVC Internet, LLC, any materials stored on the System or the Internet, to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, to access third party services, merchandise or information on the System or the Internet through CVC Internet, LLC, and CVC Internet, LLC shall have no obligation to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
CVC Internet, LLC is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with CVC Internet, LLC.
CVC Internet, LLC uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits. Credit card numbers are used only for payment processing and are not utilized for other purposes.
CVC Internet, LLC will not give, sell, rent or lease your personally identifiable information to others unless required by law or your prior permission is obtained.
Domain Name Registration: Unless otherwise specified, registration terms are a minimum of one year and no more than ten years. All domain name renewals are subject to our current terms, conditions and payment of all applicable service fees at the time of renewal, and in the case of domain name registration, the domain name registry's acceptance of your domain name registration. When a domain name is due for renewal, a notification of renewal will be sent to Customer by electronic mail. If Customer does not respond to renewal notification, CVC Internet, LLC is not responsible for damages resulting from loss of domain name. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us. If registration records no longer reflect CVC Internet, LLC as the Administrative, Technical, Billing and/or Host Contacts, we will no longer be responsible for the Services these Contacts represent. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name registration, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until CVC Internet, LLC is directed to do so by the judicial or administrative body, or we receive notification by you and the other party contesting your registration, that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of the domain name services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. No Guaranty: You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name. Transfer and Assignment: You may transfer your domain name registration to a third party of your choice, subject to the terms and conditions under this Agreement. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
No Warranty on Software or Related Hardware Products: CVC Internet, LLC makes no warranty with respect to any software or hardware used or provided by CVC Internet, LLC in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. CVC Internet, LLC assumes no responsibility for any actions from the possession or use of these software or hardware products.
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMERíS SOLE RISK. NEITHER CVC INTERNET, LLC NOR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS WARRANTS THAT THE SERVICES OR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SYSTEM IS FREE OF VIRUSES, WORMS, CANCELBOTS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; NOR DOES CVC INTERNET, LLC OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE SERVICES OR USE OF THE SYSTEM. THE SERVICES AND THE SYSTEM ARE 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 OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NO ADVICE OR INFORMATION GIVEN BY CVC INTERNET, LLC ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CVC INTERNET, LLC NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY A THIRD PARTY THROUGH THE SYSTEM OR THE INTERNET. IT IS SOLELY CUSTOMERíS RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED BY THIRD PARTIES THROUGH THE SYSTEM OR THE INTERNET. LIMITATION OF LIABILITY: NEITHER CVC INTERNET, LLC NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR OPERATING THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE. THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, OR OTHERWISE CAUSED OR ALLEGEDLY CAUSED BY USE OF THE SYSTEM OR INABILITY TO USE THE SYSTEM, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER CVC INTERNET, LLC NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMERíS RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SYSTEM OR THE INTERNET BY THIRD PARTIES. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. CUSTOMERíS SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION BASED ON THE SUBJECT MATTER OF THIS AGREEMENT IS TO TERMINATE THIS AGREEMENT EFFECTIVE IMMEDIATELY.
CVC Internet, LLC Reseller Program: A subscriber that owns or designs a CVC Internet, LLC hosted domain account, can become a CVC Internet, LLC Reseller by referring domain hosting accountís to CVC Internet, LLC. For each hosting account referred to CVC Internet, LLC, the Reseller will receive a $25.00 credit on their account. There are no limits to the number of referrals that can be made. In addition, for each year the referral keeps continuously active (paid) account, the Reseller will receive an additional $25.00 credit on their account. Reseller and referral must have a continuously active (paid) domain hosting account with CVC Internet, LLC, parked domain names do not qualify. Three referred accounts must be established and retain an active (paid) account for a two month period, before the referred credit is applied to the Reseller's account. Referral credit is forfeited if the referral deactivates service before retaining a full years service with CVC Internet, LLC, or if the domain account becomes inactive. Reseller credit can only be used once in any given 13 month period. A referred customer can not be a current referral for another Reseller, or the credit will be voided. In addition, your account name must be mentioned at the time of setup to receive the Reseller credit. Reseller services are subject to change without notice.
CVC Internet, LLC Affiliate Program: A CVC Internet, LLC subscriber that refers a friend or family member to signup for Internet access with CVC Internet, LLC, will earn a $5.00 credit on their account. Referrals must establish and retain an active (paid) account for a two month period before credit is applied to the account. Referral credit is forfeited if the referral deactivates service before retaining a full years service with CVC Internet, LLC. A referred customer can not be a current referral for another Affiliate, or the credit will be voided. In addition, your account name must be mentioned at the time of setup to receive the Affiliate credit. Affiliate services are subject to change without notice.
Prepaid Hosting (New Member): A new CVC Internet, LLC subscriber that pays for domain hosting six monthís in advance, will have the domain setup fee waived. If the domain account becomes delinquent or deactivated during the prepaid hosting term, the account will incur a closure fee. This offer is subject change without notice.
Prepaid Hosting (Current Member): A current CVC Internet, LLC subscriber that pays for six months of hosting in advance, will receive 2 months free banner advertising. Payment must be received in full before the advertisement is scheduled for a hosting term. Placement of banner will be determined by a CVC Internet, LLC representative. Banner advertisement will be designed according to the schedule of the web designer and will be posted on CVC Internet, LLC site as soon as the banner design is approved. The minimum size of a banner advertisement is 120 pixels x 42 pixels, and the maximum is 468 pixels x 60 pixels. Format of banner ad will be still-framed in file type of .gif or .jpeg (animated banner advertisementís will incur a designing fee). If domain account becomes delinquent or deactivated during the prepaid hosting term, a closure fee will be applied to the account. This offer is subject to change without notice.
Third Party Products
Customer is responsible for providing equipment and services necessary to utilize the System except as set forth in this Agreement. CVC Internet, LLC shall provide only the Services set forth in this Agreement and related Business Order Form(s), and CVC Internet, LLC is not responsible in any way for information, products, or services provided by third parties, even if advertised or made available through the System or the Internet. Customer agrees to promptly pay any third party vendor for any products or services obtained through the System or the Internet, and to abide by the terms of any agreements Customer enters into through the System or the Internet.
Use by a Minor (Under
CVC Internet, LLC customers must be at least eighteen (18) years of age (proof required) to sign up or use Internet Services without prior approval and signed authorization by parent or legal guardian. If you are a minorís parent or legal guardian, you may authorize the minorís use of your account, by signing the use by minor section of the Agreement form. Parent or legal guardian must show valid driverís license as proof of parent or legal guardianís age. Parent or legal guardian assumes all liabilities resulting from the minorís use of CVC Internet, LLC. CVC Internet, LLC include access to many areas of the Internet, including Web sites, Usenet discussion groups, Personal pages, and IRC channels. Some of these areas contain discussion, materials, and pictures intended for adult audiences.
CVC Internet, LLC wishes to emphasize that all CVC Internet, LLC customers are required to comply with these Terms & Conditions of Service. In so doing, customers indemnify CVC Internet, LLC for any violation by the customer of CVC Internet, LLC Terms and Conditions, or of law that results in loss to CVC Internet, LLC or the bringing of any claim against CVC Internet, LLC. This means that if CVC Internet, LLC is sued because of activities of the customer that violate any law or this policy, the customer will pay any damages awarded against CVC Internet, LLC, plus costs and reasonable attorneys' fees.
This Agreement (and any amendments hereto) represent a binding written contract, whether executed by each party on paper or accepted by electronic communication.
Pursuant to Digital
Millennium Copyright Act, Title 17 U.S.C. 512
(C)(2), CVC Internet, LLC Designated Agent for receipt of any claims of
copyright infringement is CVC Network. CVC Internet, LLC Designated
Agent may be contacted using any method below. Notice of any
claimed infringing materials must comply with applicable law.
MAIL: CVC Internet, LLC 2250 South 6th Street, Klamath Falls, OR 97601
PHONE: (866) 877-1188 / FAX: (866) 877-1188 / E-MAIL: firstname.lastname@example.org
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