Ponderosa Edge Internet Terms & Conditions
Effective Date: August 29, 2012
Ponderosa Edge (Company) offers local internet access to Customers
in accordance with the following terms and conditions and the
Company's Acceptable Use Policy ("AUP"). Both of these agreements
together constitute the Agreement that you have with Ponderosa.
PROMISE TO PAY.
Service will be invoiced in advance on
Customer's monthly Ponderosa Edge bill. Payment is due upon
receipt of invoice. Company reserves the right without further
notice to suspend or terminate Customer's account and service if
Customer's account is unpaid for 15 days after date of invoice.
Such suspension or termination of service does not relieve
Customer of the obligation to pay all of Customer's account
charges. A written request from the Customer, given to Company,
with 15 days notice is required to terminate service. In the event
of account delinquency, Customer agrees to pay Company reasonable
expenses, including attorney and collection agency fees incurred
in enforcing its rights under this Agreement.
Company's Internet access service may only be
used for lawful purposes. Transmission of any material in
violation of any federal or state regulation is prohibited.
Security probing or security breaking tools are not allowed on any
Company owned systems. Use of robots or any automated software or
device to initiate an unattended connection to Company or to
maintain an open, unattended connection to Company is not allowed.
(Dial up accounts only)
While Company will make every effort to keep the
personal information of its Customers private, Customer should not
consider any communications to be protected or confidential.
Company can not guarantee to keep material stored by Customer
completely private, and strongly suggests that Customer encrypt
Customer's mail and files.
NO CONTROL OVER
Customer acknowledges that Company exercises no
control whatsoever over the content of information, products or
services passing through Company equipment or facilities.
Acquisition or procurement of information, products, or services
through the facilities or services of the Company occurs solely at
the risk of Customer and Company expressly disclaims any
responsibility for claims, losses, liability or damages which any
person or entity alleges arises from obtaining or disseminating
such information, products or services. Company is not liable for
any loss of data resulting from delays, nondeliveries,
misdeliveries, or service interruptions caused by Company or
LIMITATION OF LIABILITY.
In no event shall Company be liable to or
through Customer or anyone else for (i) any direct, indirect,
special, incidental, exemplary, and /or extraordinary or
consequential damages of any nature whatsoever even if Company has
been advised of the possibility of such (including, but not
limited to, lost profits, lost savings, interruption of business,
or by reason of mistakes, interruptions, delays, errors, defects
in service, or faulty or misdirected transmission) suffered for
any reason by Customer or anyone with respect to Customer's
account; (ii) any damages, loss, or liability suffered by Customer
or anyone as a result of any failure to live up to any of
Customer's obligations under this Agreement or applicable law or
regulation, or with respect to the Customer's account; (iii) any
claim, action, or proceeding against the Customer or anyone by any
third-party for damages, loss or liability, any or all of which is
based upon, arises out of, or is derived from or otherwise related
to the use and/or access which is the subject of this Agreement.
Customer's right to use Company's services and systems is provided
"as is" and "when available" and without warranty of any kind or
nature, warranties the merchantability and of fitness for a
particular purpose. This limitation of warranties was a material
factor in the establishment of the fees charged for Company's
services and system and shall survive the expiration or
termination of this Agreement. Customer acknowledges that
Company's services and systems and the Internet in general is at
Customer's sole risk and no representation or warranty has been
made that Company's services and systems will be uninterrupted or
error free. The Company's maximum liability to Customer or anyone
using Customer's account for any and all damage, loss or liability
of any kind including without limitation Company's negligence,
shall be limited to the amount paid by the Customer to the Company
for Internet monthly charges during the six-month period preceding
Customer agrees to indemnify, defend, through
attorneys reasonably acceptable to the Company and hold Company,
it agents and employees harmless from and against any claim
damages, loss, proceeding, liability, judgment, settlement, costs
or expense (including reasonable attorney's fees, fines, and
penalties) of every kind and character suffered by Company, its
agents, and employees by reason of any breach or alleged breach or
failure of any of the agreements, representations, duties, or
obligations of Customer under this Agreement. This indemnification
obligation shall survive the expiration of termination of this
Company, without prejudice to any of its other
rights or remedies, may immediately and without further notice,
terminate or suspend Customer's account and service and this
Agreement and may delete all data, files, or other information
stored with the Company, if, with respect to Customer's account,
Company's policies and the terms and conditions of service are not
satisfied, including, but not limited to account delinquency or
abuse or unlawful use of the service. Company may terminate this
Agreement without cause, upon 30 days written notice to Customer.
These Terms and Conditions supersede all
previous representations, understandings, or agreements and shall
prevail notwithstanding any variance with terms and conditions of
any order submitted. Customer represents and warrants that
Customer is over 18 years of age, that Customer has read this
Agreement and Customer accepts and agrees to the terms and
conditions of service as set forth above.