High Speed Broadband Terms and Conditions
Sharon Telephone Company offers Internet access and related services, including the hosting of web sites, through its system to its Subscribers (“Subscribers”). Sharon Telephone Company does not, and cannot, control the content, quality or accuracy of information available through the services Sharon Telephone provides or over the Internet in general. Sharon Telephone and all of its employees are NOT RESPONSIBLE FOR THE CONTENT OF ANY MATERIAL Sharon Telephone hosts, publishes, or that is not created by Sharon Telephone. All web pages created by Solarus remain the exclusive property of Solarus. Subscribers shall acquire no rights of any kind in such materials.
These Terms of Service set forth the basic rules, which apply to Sharon Telephone services. Sharon Telephone may change these Terms of Service in the future upon notice published on-line or otherwise provided by Sharon Telephone. By USING Sharon Telephone SERVICES, A SUBSCRIBER AGREES TO COMPY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON LINE OR OTHERWISE AVAILABLE FROM Sharon Telephone. If the Terms of Service, Sharon Telephone services or Sharon Telephone pricing is or becomes unacceptable to a Subscriber, the Subscribers only right shall be to terminate its contract in accordance with the Section labeled “Cancellation and Termination of Contract” below.
Changes to Service
The services provided by Sharon Telephone are expected to change from time to time, Sharon Telephone reserves the right to change any service offered or the features of any service offered or its system without prior notice, including changes to access and use procedures and system hardware and software.
Each Subscriber is responsible for any and all fixed and accumulative charges for Subscriber’s account. Each month the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account does not relieve the Subscriber of payment obligations. Further, Subscriber is responsible for ALL charges associated with connecting to Sharon Telephone. Subscriber is responsible for all activities and charges under Subscriber’s account, including any unauthorized charges to Subscriber’s account.
Payment by Check
Payment may be made by check or money order and is due by the 11th of each month. NSF checks are subject to a collection fee and Subscriber’s account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated until payment has been received by Sharon Telephone. Any account, once disabled because of non-payment, may be subject to a reconnection charge upon reconnection.
Sharon Telephone has the right to terminate service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.0% per month (12% per annum) on the outstanding balance. Termination of service shall not relieve the Subscriber from the obligation to satisfy outstanding invoices. In the event Sharon Telephone utilizes an attorney to collect such sums, the Subscriber shall be responsible for the payment of all of Sharon Telephone’s actual attorney’s fees and costs incurred in the collection of these sums.
Sharon Telephone reserves the right to cancel service for any reason without prior notice. In case of cancellation without cause, unused fees may be returned to the Subscriber on a monthly basis.
Termination or suspension does not release liability for charges due. Sharon Telephone may delete all data, files or other information that is stored in Subscribers Web Site upon termination, as well as delete any and all email that may be sitting in Subscribers mailbox.
The right to use Sharon Telephone’s service is not transferable. Accounts are for Subscribers use only. Subscriber is responsible for the confidentiality of Subscribers passwords. Loaning Subscribers account to others, connecting a system used by multiple persons, group use of Subscribers log-ins, and consuming more than one modem line are expressly prohibited unless agreed upon in advance by Sharon Telephone. If the Subscriber has multiple accounts, then the subscriber is limited to one log-in session per system account at any time. Violation of this policy will be considered as theft of service and will be prosecuted under civil and criminal law.
Sharon Telephone services may only be used for lawful purposes and in a manner, which Sharon Telephone believes, in its sole discretion, to be consistent with the right of other Sharon Telephone Subscribers and third parties. While Sharon Telephone is not responsible for the content of hosted Web Sites, content on all Sharon Telephone hosted Web sites must comply with all laws and must not infringe the rights of any third party. Sharon Telephone services and system may only be used for lawful purposes and consistent with all rights of other parties. Sharon Telephone services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous, misleading, false, untrue or defamatory. Use and access to other networks and Web Sites through Sharon Telephone services must comply with the rules for such other networks and Web Sites. Sharon Telephone is under no obligation to monitor information transmitted to or from Subscribers via Sharon Telephone services. If Sharon Telephone determines that any material that it considers objectionable is stored or referenced on Sharon Telephone facilities, Sharon Telephone reserves the right to remove such material.
Subscriber shall not (and shall not permit or assist others to) abuse, fraudulently use, or otherwise use Sharon Telephone services for any purposes other than those for which it was intended. Subscriber shall not:
- Attempt to obtain service by fraudulent means or device with intent to avoid payment;
- Attempt to access, alter, or destroy any information of Sharon Telephone, or of another Subscriber of Sharon Telephone, or of the Internet by any fraudulent means or device;
- Attempt to use the access through any of Sharon Telephone services so as to interfere with the use of the Internet by other lawful users, or in violation of any laws, or in aid of any unlawful activity;
- Attempt to access a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law; or
- Engage in resale for profit or for any other reasons, of the Internet services provided by Sharon Telephone to Subscriber.
Sharon Telephone services should not be used to send unsolicited advertising or promotional materials to any other Internet e-mail address. Electronic mail and appropriate Usenet newsgroups may be used in the conduct of legitimate business.
Subscribers Web Sites
Subscriber agrees not to use any bandwidth or storage space in excess of the amount provided for personal web page space. Personal web space may only be used for personal accounts and not be used to create a web page for a business.
Online Copyright Infringement Policy
Sharon Telephone will comply with the provisions of the Online Copyright Infringement Liability Limitation Act (‘The Act”) (17 U.S.C. ‘512) concerning the removal from its system of, or the blocking of access to, material which infringes on a copyright or as to which Sharon Telephone receives notification of claimed infringement as provided under the Act. This remedy is in addition to any other remedy available to Sharon Telephone under the Terms of Service, or as otherwise provided by law. Sharon Telephone designated agent for receiving notification of claimed copyright infringement is:
Full Address of Designated Agent to Which Notification Should be Sent:
105 Plain St, Sharon, WI 53585
Telephone Number of Designated Agent: 262-736-9981
Facsimile Number of Designated Agent: 262-736-9200
Email Address of Designated Agent: firstname.lastname@example.org
The accounts of any Subscriber infringing on a copyright may be terminated with or without prior warning, depending on the frequency and severity of the violation. Sharon Telephone does not monitor or screen materials on its network. Any other abuse of Sharon Telephone services should be reported to the copyright agent named above.
Compatibility of Hardware or Software
Subscriber shall be responsible for the use and compatibility of any hardware or software not provided by Sharon Telephone. Sharon Telephone makes not warranty, guarantee or representation that any particular device or software not provided by Sharon Telephone will function properly with the Internet information and communication link. Subscribers responsibility for payment shall not be reduced or changed by virtue of any hardware of software provided by Sharon Telephone failing to function or being incompatible with the Internet information and communication link.
NO WARRANTY; LIMITATION OF LIABILITY
USE OF Sharon Telephone SERVICES AND THE INTERNET IN GENERAL IS AT SUBSCRIBERS SOLE RISK. Sharon Telephone DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERUPTED, ERROR-FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Sharon Telephone SERVICES OR SYSTEMS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Sharon Telephone MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICES OR THE INTERNET IN GENERAL. Sharon Telephone SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCUARCY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL Sharon Telephone BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WITHOUT LIMITING THE FOREGOING, Sharon Telephone WILL NOT BE LIABLE FOR:
- DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Sharon Telephone SERVICES;
- RELIANCE BY ANY PERSON ON INFORATION OBTAINED THROUGH Sharon Telephone SERVICE OR THE INTERNET;
- DELETION OR LOSS OF FILES, EMAIL OR VIRUSES;
- ANY DELAY OR FAILURE OF PERFORMANCE; OR
- UNAUTHORIZED ACCESS TO RECORDS OR FILES.
THE MAXIMUM LIABILITY OF Sharon Telephone TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Sharon Telephone NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER TO Sharon Telephone DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.
The Subscriber agrees to indemnify and hold harmless Sharon Telephone, its directors, officers, shareholders, agents, employees and its other Subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Subscribers account or the Subscribers Web Site, whether or not authorized.
Sharon Telephone treats email messages as private. Exceptions are those permitted by law, including, for example: (i) as necessary to operate the system or protect Sharon Telephone rights or property; (ii) upon legal demand (court orders, warrants, subpoenas); or (iii) where Sharon Telephone receives information inadvertently which appears to pertain to the commission of a crime. Subscribers should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Sharon Telephone system. In addition, although Sharon Telephone has implemented certain security measures, Sharon Telephone cannot guarantee that its system or stored data of a Subscriber will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any Subscriber. Subscriber consents to Sharon Telephone collection and use of personal information colleted in the course of Sharon Telephone providing services to Subscriber.
Interpretation and Enforcement
Subscriber agrees that exclusive jurisdiction for any claim or dispute arising from use of Sharon Telephone service resides in the courts located in the State of Wisconsin. Subscriber consents to the personal jurisdiction of the courts located in Walworth County, Wisconsin, as to any claim or dispute arising from use of Sharon Telephone service. These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Sharon Telephone. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wisconsin without regard to conflict of law principles. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. These Terms of Service apply in addition to any Internet access service or web hosting agreement between Sharon Telephone and the Subscriber.