Internet Access and Terms of Use Agreement

 

Internet Access Agreement Please read this agreement carefully before you access the service provided to you by Spectrum technology systems ("Spectrum"). By using the Spectrum internet services, you agree to be bound by this agreement, the Spectrum software license agreement, acceptable use policy, and such other user policies as the company may establish from time to time. If you do not agree to be bound by this agreement, you may not access or use the service and if you currently have a Spectrum account, you must contact our offices as specified in sections J and K within 30 days of receipt of this document.

 Spectrum provides the Service, defined below in Section A, subject to your compliance with this Agreement. Other services provided by Spectrum will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.

A.     SERVICE

1.      The Service includes: Internet access; Electronic mail ("E-MAIL") and a single electronic mail address on Spectrum's server (regardless of the number of mailboxes per your account);

2.      Any means of identification assigned to you by Spectrum (including usernames and E-MAIL addresses) will remain the property of Spectrum and at Spectrum's sole discretion may be altered or replaced at any time.

3.      Spectrum makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Spectrum reserves the right to change the Service or any of its features at any time with or without notice.

B.     REGISTRATION REQUIREMENTS

1.      You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

2.      You agree to provide Spectrum with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Spectrum within 15 days of the change.

3.      By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Sections J and K.

C.     FEES

1.      Setup fee and software package purchase are nonrefundable, and Spectrum does not issue pro rata refunds for fees paid in advance.

2.      Unlimited Internet access is offered by Spectrum subject to the following limitations:

a.       Local access dial-up numbers may not be available in all areas. It is your sole responsibility to determine if use of a particular Spectrum dial-up number will cause you to incur long-distance, toll or other charges. Spectrum is not responsible for any long-distance, toll or other charges incurred by you through your use of the service. You are solely responsible for all telecommunications charges including local and long-distance telephone charges for connection to the service by you and by those who access the service through your account.

b.      Current prices for Spectrum services are posted on Spectrum's Rate Chart. These prices may also be obtained by calling (951) 698-5693. Spectrum reserves the right to change prices and institute new fees. Spectrum may change rates or institute new charges at any time upon 30 days prior notice. Spectrum does not issue pro rata fee refunds.

c.       You acknowledge that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by ordering over the telephone or by clicking the order button of an online order form) there are no refunds if the service contract is canceled by you before the regular expiration date / anniversary date. All internet term contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least three weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial service and setup fee is not paid, provider has the right to immediately close the account and to refuse service. In this case provider will bill client for one hour of programming at the hourly rate of $75.00. If a credit card payment is declined by the client's bank or if the fees are not paid on time, a $15.00 late fee per billing cycle and a $25.00 fee for each payment-related suspension will be charged to your account. If charges are disputed on your credit card, Spectrum has the right to charge a $25.00 administration fee in addition to the regular suspension charge and immediately discontinue service.

d.      A service charge of $25.00 will be assessed to your account for each check that is returned to Spectrum for insufficient funds.

e.       Authorized credit card payments are made on the day the service period begins.  Cash or Check payments for all charges are due in advance for services provided and are invoiced 2 weeks in advance and become delinquent on the term commencement date for the period in which the charges are incurred. If your account is delinquent, a $15.00 administrative late fee will be charged and your account may be suspended or canceled at Spectrum's sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. Spectrum may, at its sole discretion, charge a fee of $144.95 to reinstate a suspended account.

f.        Interest charges of 1.5% per month (or the highest rate permitted by law if lower than 1.5% per month) will accrue daily on any unpaid balance which is delinquent.

g.       You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

h.       If you believe that Spectrum has billed you in error, you must contact the Account Services Department (per Section K) within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 30 days old.

D.     USE OF THE SERVICE

1.      You and any members of your household are the only individuals who are authorized to access the Service through your Spectrum account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.

2.      You are responsible for maintaining the confidentiality of passwords used by you or members of your household.

3.      You are responsible for all charges assessed as a result of use of your account. However, Spectrum will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify Spectrum within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password

4.      Except for software provided by Spectrum, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.

5.      You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation, subjects Spectrum to liability; or is in contravention of Spectrum's Acceptable Use Policy. You agree to comply with all Spectrum security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

6.      Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Spectrum reserves the right to deactivate your Dial-up Connection or Web Hosting account(s) upon an indication of such activity without further notice. you hereby agree to indemnify and hold harmless Spectrum from any claim resulting from you use or another party's use of electronic mail service(s) on your Dial-up Connection or Web hosting account(s). Spectrum reserves the right to charge a $50.00 deactivation fee, if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension.

7.      You hereby agree that all material submitted for publication through your account, including but not limited to domain names, graphics and text information, will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful and will not contain anything leading to an abusive or unethical use of the Provider. Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, mp3s and any harassing and harmful materials or uses. You hereby agrees to indemnify and hold Spectrum harmless from any claim resulting from the submission and publication of materials or your use of those materials.

E.      MONITORING THE SERVICE. DISCLOSURE OF MEMBER INFORMATION

1.      Spectrum has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Spectrum will not disclose member information to outside persons or entities for the purpose of soliciting Spectrum members.

2     Spectrum, in its sole discretion, may remove or refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable or in violation of this agreement.

a.   No Warranties Provided by Spectrum

1.      Except for certain products and services specifically identified as being offered by Spectrum, Spectrum does not control any information, products or services on the Internet and except for such Spectrum-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Spectrum.

2.      YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Spectrum does not warrant that the service will be uninterrupted or error free or that any information, software or other material accessible via the service is free of viruses or other harmful components. Spectrum makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information or service provided through Spectrum or on the internet generally. No advice or information given by Spectrum, its employees, affiliates or contractors shall create a warranty.

3.      Spectrum shall not be liable for any costs or damages arising directly or indirectly from use of the service. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information, and the availability, quality and merchantability of all information or merchandise provided through the service or on the internet generally.

4.      The internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the service through your account. You access such materials and permit others to access such materials through your account at your own risk. Spectrum has no control over and accepts no responsibility for such materials.

b.     Your Rights

1.      If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section J and K.

2.      UNDER NO CIRCUMSTANCES SHALL SPECTRUM, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF, OR, YOUR 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 OR ANY FAILURE OF PERFORMANCE.

c.     Indemnity
You agree to defend, indemnify, and hold Spectrum and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

d.     Term of Agreement
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon the first use of the Service through your account, whichever is first. If you are a current Spectrum member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

e.      Termination of Agreement

1.      You may terminate this Agreement by using only the methods outlined in Section K. Your termination will only be complete upon your receipt of a confirmation number from Spectrum. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form.
E-MAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. Spectrum does not issue pro rata fee refunds.

2.      Spectrum may terminate this Agreement: at any time without cause upon 30 days prior notice or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section D or your failure to pay any charges within 30 days of the date they accrue.

3.      Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to Spectrum all copies of software and documentation that you received from Spectrum.

4.      Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

5.      Spectrum's right to enforce the provisions of Sections C, E, F, G, H, K, and L shall survive termination of this Agreement.

F.      NOTICE

1.      You may change or cancel your Spectrum account by the following methods only: first-class registered or certified mail, return receipt requested addressed to Spectrum, 24710 Washington Ave #3, Murrieta, California 92563.

2.      Spectrum may provide notice to you by the following methods: Electronic mail (E-MAIL) addressed to your E-MAIL account, general posting to Spectrum's web site at http://www.temvalley.com; or by US Mail or courier service at the address you provided Spectrum when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

G.     MISCELLANEOUS

1.      Spectrum's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

2.      This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Temecula, California with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Spectrum. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

3.      Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Spectrum Technology Systems and/or your use of and/or Spectrum's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of California. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

4.      Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Spectrum's prior written consent.

5.      This Agreement, the Internet Sign-up Agreement, the Acceptable Use Policy, and if applicable any End-User License Agreement, constitute the entire agreement between you and Spectrum with respect to the Service.

6.      Spectrum reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on Spectrum unless made in writing and signed by both parties.

 

Revised 02/28/05