Terms & Conditions
Subscriber understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to All West. All West has no input whatsoever as to the content of Internet data accessed via the service. All West shall have no liability whatsoever for any indirect, incidental, consequential or punitive damages of any kind whether under this agreement or otherwise. Subscriber specifically agrees to hold harmless All West, its officers, and employees from any claim, loss or damage, including costs and attorney fees, arising out of any act of omission of subscriber under this Agreement. All West agrees to make every reasonable effort to keep access to the Internet open and available at all times. Subscriber understands that the Internet is susceptible to temporary interruptions due to power outages and/or equipment failure. Subscriber agrees not to include any offensive language, pornographic material or links to any such site on his or her home page. All West reserves the right to immediately terminate permission to use this service to anyone not complying with these guidelines as determined solely by All West.
Subscriber agrees to pay the total amount owing within 25 days after the billing date. Subscriber understands a late payment charge of 1.5% of the monthly balance will be added to the total amount owing each month if not paid within 45 days of the billing date. Credit Card will automatically be debited each billing cycle unless a pre-paid option is selected. If the account is pre-paid, credit card will be debited each six-month or one-year period. Subscriber must notify All West of cancellation of service at least three days prior to billing. A $15.00 fee will be charged on any credit card that is declined & Internet access will be terminated immediately. A reconnection fee of $10.00 will be incurred for any account suspended for non-payment. In the event of default, subscriber agrees to pay the amount in full, including collection fees (50% of amount owing), attorney’s fees and court costs. Billing begins on activation date. All West may change or institute new fees at any time after the initial service period and with 30 days prior notice. Notice may be written or published on- line. All West reserves the right to suspend or cancel service at any time and at its sole discretion. Any unused balance on the User’s account will not be returned. User may terminate his/her account by writing to All West with a 30-day written notice without refund.
All West will provide technical support via telephone at no charge to subscriber to assist in establishing subscriber’s connection to the service and configuration of Internet software tools. Technical support consists only of consulting services and in no event shall it include maintenance or repair of subscriber’s hardware. Technical support hours are from 8:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 2:00 p.m., Saturday, except on nationally observed holidays. Please do not call employees at their home for technical support.
Internet Access Servers:
User is responsible for ensuring that data stored on All West’s Internet servers is properly backed up. All West disclaims all responsibility for files on All West’s servers. All West assumes no responsibility for any damages caused by User’s use of our inability to use the Internet service. If an account is terminated, All West may delete User’s personal files. All publicly viewable materials are subject to editing and/or deletion by All West.
Equipment & Utilities:
Subscribers shall provide their own computer, telecommunications equipment and software necessary to access the service. All West shall have no responsibility for any charges or tariffs related to any subscriber’s telephone connection or online services of any entity accessed by or for the subscriber.
Subscriber is responsible for the confidentiality of subscriber’s password. All West will change access to the account upon notification by subscriber that his or her password has been lost, stolen, or otherwise compromised. Subscriber shall remain liable for all charges incurred on subscriber’s account and All West shall not be liable for any usage or charges prior to All West making the necessary account alteration.
Dial Up Limits for Subscribers:
Subscribers have only one dial-up connection. During all hours of the day individual subscribers are only allowed to have one dial-in. All connections will be terminated for abuse of this policy. If you need multiple dial-ups, we strongly recommend purchasing additional individual accounts for them. We can arrange billing so that the primary account is billed for additional accounts if desired.
Non-dedicated accounts are meant to be available for “unlimited access,” meaning “dialup access on demand rather than a dedicated connection.” Anyone who needs more than this will need to purchase a dedicated account.
In no event will All West be responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for the Service is missed, either by All West or by any third party installer.
It is your responsibility to create data backups before the installation. All West or its agents will not be held responsible for any loss of data.
It is your responsibility to ensure that your computer system meets the current minimum system requirements stated by All West as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Service Agreement.
Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such DSL does not guarantee the maximum Service performance (throughput speeds) levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. You understand that any content that you may access through the Service may be subject to “caching” at intermediate locations on the Internet.
All West will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your Service.
Any IP address assigned to you by All West is the property of All West at all times. IP addresses may change at any time at the discretion of All West given sufficient prior notice to you. All West assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing. Upon expiration, cancellation or termination of the Agreement or applicable Schedule, you shall relinquish any IP addresses or address blocks assigned to you by us.
An All West end-user’s computer must be equipped with an Ethernet Network Interface card (NIC) for proper DSL operation. A NIC is NOT part of the modem package. You are responsible for securing and installing a NIC into your computer. If you are not comfortable with installing the NIC card, special installation of the NIC card must be arranged with a third party at the end user’s sole discretion and expense.
We are responsible for providing DSL Services by qualified personnel in a professional manner. We are not responsible for outages or delays. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Upon termination of the contract, including expiration of the Service Period (unless extended by the parties), you agree to return to us all hardware (other than hardware which you have purchased from us at full retail pricing) which we have provided to you in connection with the DSL Service in working order. In the event that the hardware is not returned to us within 20 days, allowing such termination or expiration, we will charge you the un-depreciated list price of the un-returned hardware, in addition to all applicable late return fees and sales tax.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. Additionally, a user will automatically be blocked if he/she sends more than 150 valid recipients or 10 invalid recipients in a 5-minute window. A User that hits the limit will automatically be added to the mail server’s internal rules so that incoming connections are dropped for a period of 6 hours, after which they will be released from the block.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited. Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of an All West customer or customer’s end user shall be considered violations of the policy by such customer or end user. Complaints regarding email abuse should be sent to email@example.com.
These terms and conditions constitute the entire agreement with regard to the subject matter hereof and supersede and replace any prior agreements. All West, at its sole business judgment, may terminate this agreement immediately or suspend subscriber’s access to the service upon any breech of this agreement by subscriber, including but not limited to, refusal or failure to pay for service or by sole judgment of All West that subscriber may be performing activities harmful to All West or its other subscribers, employees, vendors, business relationships, or any other users of the Internet. Your use of the Internet form All West is subject to all federal, state, and local laws including harassment, obscenity, copyrights, hacking, etc. All West will refer complaints to enforcement agencies and may revoke or suspend your service as well.
By checking the box on the sign up page, I acknowledge that I have read and understand all of the terms for subscription as described above. Furthermore, I agree to comply fully with these terms and understand that my compliance is a condition of my subscription.