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Agreement - BrighamNET is an
interactive online service provider for access onto the Internet. This
agreement sets forth the Account Terms and Conditions which apply to the
subscriber for use of BrighamNET. The subscriber is deemed to have agreed
to comply with all terms by use of the service.
Billing Period-
All services provided by BrighamNET will be billed in advance for the
upcoming month. Payments are due by the 10th of each month.
Payments not received by the 25th of the month will be subject
to a late fee of 1 1/2 % ($5.00 Minimum). BrighamNET reserves the right to terminate or
discontinue service at any time.
Email Account- Each
BrighamNET user will have up to 3 email accounts. This email accounts will be
used to receive all billings from BrighamNET. The user must check their
email account on a regular basis to receive the BrighamNET bills. If you
prefer to use an email account on another service you must notify us so we
can forward all of your BrighamNET mail to your alternate account.
Time Limits- BrighamNET
customers may not leave their dial-up accounts connected and unattended.
This constitutes a "dedicated account". Your Personal
account is intended for unlimited personal use: meaning, (and our
definition is final) that you may have your connection up as long as you
are personally in front of your PC. If you disregard this policy and
leave your account connected for an extended period of time, your account
is subject to termination.
Multiple Logins- Only one
person, the subscriber, may use the account. Multiple or simultaneous
logins will constitute forfeiture of the account and your account will be
terminated.
Responsibilities-
BrighamNET makes no warranties, expressed or implied, regarding services
provided. BrighamNET is not responsible for any damages suffered from the
use of our services, including but not limited to, loss of data, service
interruptions and/or delays, or third party litigation.
Returned Checks- A returned
check charge of $20.00 will be incurred for all returned checks.
Minimum Payment- A minimum
payment of one (1) month will be assessed on all new accounts. The
subscriber is bound to remit payment.
Sign-Up Fee-
BrighamNET will charge a sign up fee for all new accounts. BrighamNET will
add the user to the server and will make a service call to the customers
site to configure the customers computer to access the BrighamNET service.
The sign-up fee will only include the installation and configuration of
software required to access the service (Up to 1 hour). If the customer
requires additional work or if additional time is required, additional
time will be billed at a rate of $52.50 per hour.
Non Payment- Any account which is unpaid by the 15th
of the month following the billing for the account will be suspended. A
reconnect fee of $20.00 will be charged to reconnect service.
Billing Disputes-
All billing disputes, with BrighamNET, must be received at our business
office in writing, and the obligation to pay for service will continue
until such notice is received. Termination of your service does not
constitute relief from amounts incurred prior to termination. Agreements
or contracts not on a monthly basis (yearly, quarterly, etc...) can be
canceled in writing or by phone, but the subscriber will be obligated to
pay any and all monthly fees until termination of the contract is
finalized.
Cancellation Policy- On
cancellation; accounts will be billed to the end of the present month. If
the subscriber had pre paid beyond the present month then the remainder
beyond that month will be refunded. Accounts will remain open until notice is given to cancel the
service by email, fax or postal mail. If the subscriber continues
to use the account after the requested cancellation date the subscriber
will be responsible for payment for each month or partial month in which
the service is used beyond the cancellation date.
Collections- Should your
account be assigned to an agency or to an attorney for collection, you
will be required to pay an additional collection fee of up to 50% of the
balance due, all attorney’s fees with or without suit and all court
costs incurred.
Dial-up Numbers- BrighamNET
is not responsible for any Long Distance charges required to reach our Dial-up number.
Line Condition- BrighamNET
uses state of the art, modern equipment for its internet/network services.
BrighamNET is not responsible for the deterioration of line speeds based
on the location of the subscriber, or changes outside of our control.
Legality of
Content- The subscriber agrees
to use BrighamNET for lawful purposes only. The subscriber will not post
or transmit any material, through BrighamNET, which violates or infringes
upon the rights of other users. This includes, but is not limited to:
threatening, abusive, defamatory, vulgar or obscene language, any action
which threatens public or private rights or which is considered
objectionable, any action which encourages a criminal offense, any action
which gives rise to civil liability or violates any law. Attempts to gain
unauthorized access to outside computer systems are expressly prohibited
The subscriber agrees to defend and hold harmless BrighamNET, its
directors, officers, employees, agents or affiliates for all damages and
claims that might arise from the subscribers use or misuse of the service,
which damages or otherwise harms either the subscriber, BrighamNET or a
third party.
Content Screening-
BrighamNET does not control the content of information available over the
Internet. For this reason, the subscriber certifies that he/she is at
least 18 years of age or, if the subscriber is a parent or guardian,
he/she assumes all responsibility for supervising the on-line activities
of the underage user. Any information garnered through BrighamNET is done
so at your own risk.
Unauthorized
Connections- The subscriber
shall not allow unauthorized connections to BrighamNET, unauthorized
reselling of BrighamNET, or the solicitation of BrighamNET users to become
subscribers to other online service providers in competition with
BrighamNET, nor shall the subscriber make any unauthorized copies or
duplications of any BrighamNET material, advertising, forms, brochures,
pamphlets and the like which is the property of BrighamNET.
Relationship
- The relationship between the
subscriber and BrighamNET is that of subscriber and service provider only.
In the event of a violation of any terms and/or conditions set forth in
this agreement, BrighamNET reserves the right to immediately terminate the
services provided to the subscriber, with the subscriber being fully
responsible for any and all attorney's fees incurred by BrighamNET with
regard to this agreement at all trial and appellate court levels.
Court Venue-
In the event of a dispute, BrighamNET and the subscriber agree that the
venue for such litigation shall be Box Elder County, Utah and that the
terms and conditions of this agreement shall be interpreted under the laws
of the State of Utah.
SPAM Policy- The
transmission of any type of material, whether graphical or textual in
content, to other subscribers or non-subscribers without their express
consent is prohibited under the terms of this agreement. Any violations of
our SPAM policy will result in immediate termination. Any complaints
received from our subscribers or non-subscribers of unsolicited materials
will result in a charge of $150.00 per complaint charged to the offending
subscribers account automatically.
Unauthorized use
of BrighamNET Equipment- Any
subscriber attempting to attack, hack, damage, or compromise the
BrighamNET equipment in any way will be billed at $250.00 per hour, with a
minimum billable time period of 1 hour, to track the offending subscriber
and repair any damage they may have caused.
Modification of
Terms- BrighamNET reserves the
right to change or modify the terms, conditions, rates or services at any
time, without any prior notification.
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