NWTEC - Dialup & High-Speed Internet Terms and Conditions - Brookings, Harbor Oregon Internet Service Provider

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Dialup & High-Speed Internet Terms and Conditions

1. Provision of Services

I understand and agree that, subject to the terms and conditions of the Agreement, Northwest Technical ('Northwest Technical Inc. - Internet Services') shall provide me ('Subscriber') with certain Internet access and website hosting services. I understand and agree that I am fully responsible for the use of such services by me or by anyone whom I permit to use my account, and that Northwest Technical reserves the right to terminate my account at any time, for any reason.

I am age 18 years or older and live within the continental United States. If I am not yet 18, I have had my parent or guardian, who assumes all responsibility for my use of these services, sign for me.

2. Payment Obligations

a. If I have given my credit card number to Northwest Technical, I understand that charges to my credit card will be billed each month based on the account type which I have selected (personal, business, or non-profit organization) including any applicable fees for additional hours of overtime use, account setup or additional account options.

b. Northwest Technical's billing cycle is from the first day of each calendar month through the last day of each calendar month. I understand that Northwest Technical's basic service fee for the type of account, which I have selected, will be charged and due at the beginning of each billing cycle along with any additional overtime usage fees incurred during the previous billing cycle. This means that when you make your January 1st payment, you are paying for service from January 1st through the 31st. If you wait until the end of the month to pay, you run the risk of having your service interrupted if your payment is not received and recorded by close of business on January 31st. If the last day of the month happens to fall on the Saturday or Sunday, our billing department will not receive your payment until business opens Monday morning, and your account will be automatically deactivated by the billing program over the weekend. In order to prevent this, please make your payment for the month ahead, and not for the previous month. This way, your service will not be interrupted.

c. I understand that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that Northwest Technical shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by Northwest Technical pursuant to this authority.

d. I understand that when I establish new service with Northwest Technical, I will be billed in advance, a pro-rated amount based on the date my account was created until the end of that calendar month. I will also be billed at that time for any applicable account setup fees. The pro-rated amount is calculated by taking the published monthly rate for the type of account which I have selected divided by 31 days, times the number of days remaining in that calendar month. You will be encouraged to pay for an additional full month so that you will always have a cushion of the prorated days. This would prevent your account being automatically terminated for non-payment on the first of the month, if you forget to pay, or if the first of the month falls on a day that our offices are closed. Of course, this would not apply with credit card or ACH auto-pay accounts.

e. If I have elected to prepay monthly for basic services via personal check or money order, I understand that I am still responsible to pay for any additional charges (such as for overtime usage hours or additional disk space charges).

f. Your statement or invoice is emailed on the 1st day of the month. The payment on your account balance is due on the 1st day of the month and is considered "LATE" if not received by us on the 15th. If your account is not paid by the last day of the month, it is considered "DELINQUENT" and your account will automatically be closed. Accounts closed for non-payment will be assessed an account restoration fee of $10.00 in order to create a new account. Account restoration fees must be paid at the time the service is performed.

g. Subscribers who request that their username be changed, will be charged a $10.00 fee to cover the cost of setting up a new account, transferring the customer history, account balances, and other information, and deleting the old account.

h. If a check is returned to Northwest Technical due to insufficient funds, the account will be closed immediately. Northwest Technical's returned check charge is $20.00. This is in addition to any account non-payment charges that may also apply.

i. If payment to Northwest Technical is made by credit card or check debit card, it is the subscriber's responsibility to notify Northwest Technical in the event that the credit card information or credit card status has changed. If Northwest Technical is unable to contact the cardholder to obtain updated credit card information, and Northwest Technical is unable to process credit card billing on an account, the account will be closed for non-payment.

3. My Obligations

I understand that I am responsible for determining whether a Northwest Technical dial-in access phone number is within my local calling area, and that I am responsible for any long distance charges I may incur in connecting to Northwest Technical. I agree not to use any automatic method to avoid inactivity disconnect and to keep the connection active only when I am actively using it. Virtually Unlimited service is not the same as a 24/7 connection. Subscribers, who need to be online continuously for extended periods, should signup for an "always on" connection like our Wireless service. Dialup subscribers, who stay online continuously for more than 24 hours during a login session, tie up telephone lines, preventing other users from logging on. This abuse may result in disconnection. Repeated abuse of tying up telephone lines may result in termination of the account.

I understand that I may cancel my account effective the end of the billing cycle. If I am not satisfied and wish to cancel my account within fifteen days of the day Northwest Technical activates my account, I may do so and receive a full refund of all money paid. I understand that Northwest Technical may need to increase prices due to increase in costs, and that I will be provided with 30 days written or electronic notice of any such changes.

4. Appropriate Use of Services

I agree to maintain my password as private and confidential information. I agree not to give my password to any other user except an authorized Northwest Technical technician, if he needs to troubleshoot my connection or PC. I agree that if I do violate this policy, and that others are discovered to be using my account, known or unknown to me, this constitutes fraud. As a result, my account may be terminated and I may be liable for their usage charges and subject to legal action. I agree to use my Northwest Technical account in a way that conforms to all applicable laws and regulations. I agree not to make any attempt to gain unauthorized access to any systems or networks. I understand and agree that as a subscriber, I shall not log onto Northwest Technical's servers with more than one PC for more than one session at a time. I agree not to post any commercial advertising on Northwest Technical's servers without first establishing a commercial business account through Northwest Technical. I agree that I will not publish, post, distribute or disseminate another's proprietary information, including trademarks or copyrighted information, without express authorization of the copyright or trademark holder. I understand and agree that Northwest Technical reserves the right to immediately remove (with or without terminating my account) any information that infringes another's property rights.

The services may only be used for lawful purposes. You are expressly prohibited from using the services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law.

5. Security

I understand that the information available through Northwest Technical or interconnecting networks may not be accurate. I understand that some of the information available through Northwest Technical or interconnecting networks may be intended for adult audiences. I understand that Internetworking communications are not secure and may be subject to interception or loss. Northwest Technical makes no warranties of any kind, where expressed, implied or statutory concerning the data or information available from Northwest Technical communications network.

6. Warranty Disclaimer

I understand that the use of my Northwest Technical account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Northwest Technical for any and all claims relating to the services provided by Northwest Technical, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Northwest Technical for services within the prior year. I agree that Northwest Technical shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

7. Indemnification

I agree to defend, indemnify, and hold Northwest Technical Inc. harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from, any violation of this agreement by me or those who access the services through my account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through my account.

8. Deactivation and Termination

a. I understand that Northwest Technical reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is de-activated, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my account. If my account includes space on Northwest Technical's servers, anything stored in this space will be deleted upon de-activation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e- mailings, mass advertising, or posting to inappropriate newsgroups may cause severe operating difficulties for Northwest Technical, and would be cause for termination of my account. I also understand that if I, or those who access the system through my account, engage themselves in any activity which violates applicable laws I may be liable for criminal or civil penalties. I agree to abide at all times by any other policies posted on the Northwest Technical website.

b. Temporarily Deactivating/Reactivating an ISP Account - Temporarily deactivating an account is the temporary suspension of the account so that a person cannot use the dial-up function to get onto the Internet. Deactivating does not "Terminate" or "Delete" an account. All information remains viewable in Customer Information and is editable from Account Administration. Email remains active and can be sent and received using Web-Mail, which is accessible from www.nwtec.com. Reactivating the account will allow the customer to, once again, use the dial-up function of their account. Temporary deactivation must be for a minimum of 30 days. There will be a $10 reactivation fee.

c. Permanently Terminating an ISP Account - Termination or closing of an ISP account permanently deletes the account from our servers. The user's primary and any secondary email addresses will no longer exist and they will no longer be able to receive email or to access the Internet. When the accounts are deleted, the effective date is at the end of the month. The account will remain active until then. Payments for Internet services are due and payable on the first day of each month--for the new month, not the previous month. This payment is for available service for the entire month, whether the user logs on or not. So there will be no pro-rated refunds for accounts terminated before the end of the month. Customers paying by credit cards will need to notify us before the end of the month. If we do not receive notification before the close of business on the first day of the following month, the billing program will automatically charge the credit card for the next billing period. Therefore, if you plan to close your account, you must notify our billing department by telephone, by or before the end of the month.

d. Cancellation (by customer request) - You may cancel your account at any time. You should telephone, or send your cancellation notice to us by e-mail (billing@nwtec.com), fax (541-469-6655), or US postal mail. Cancellation requests MUST be received prior to the beginning of the next billing cycle in order to avoid additional charges to your account. Please ensure that we receive your written notice before 5PM on the last normal business day of the month.

Cancelled accounts will automatically be terminated at the end of the billing cycle, as long as we receive written notice in time, as explained above. Your account will remain active until automatically terminated by the billing program. There will be no cancellation fee for this, nor will there be a refund for any unused service until the end of the billing cycle, as your account will remain active until then. If you specifically request that your account be terminated before the end of a billing cycle, then a cancellation fee of $15 will be charged for manual termination.

Non-usage of an account is not proof of cancellation of service. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice.

e. Refund Policy - We do indeed offer conditional refunds! If you are not satisfied with your service and wish to cancel your account within fifteen days of the day Northwest Technical activates your account, you may do so and receive a full refund of all monies paid.

I also understand that I may cancel my account at any time. The billing program will automatically terminate your account at the end of the billing cycle. Payments for Internet services are due and payable on the first day of each month--for the new month, not the previous month. This payment is for available service for the entire month, whether the user logs on or not. So there will be no pro-rated refunds for accounts terminated before the end of the month.

Customers paying by credit cards will need to notify us before the end of the month. If we do not receive notification before the close of business on the last day of the month, the billing program will automatically charge the credit card on the first of the month for the next billing period. Therefore, if you plan to close your account, you must notify our billing department by before the end of the month.

Prepaid accounts of the Annual Payment Plan, or accounts that have more than one months credit by those that pay several months at a time, will be refunded the amount for any unused whole months up to the end of the pre-paid term. Requests for cancellation of service during the current month shall be handled as previously explained. Refunds will be made by check and sent to the address on file, unless otherwise notified.

9. Law and Jurisdiction

I understand and agree that the laws of the State of Oregon govern these Terms of Service and my Northwest Technical account. I expressly agree that exclusive jurisdiction for any claim or dispute with Northwest Technical or relating in any way to my account or my use of Northwest Technical resides in the courts of Oregon.

10. The Agreement

This agreement represents the complete agreement between Northwest Technical and myself and supersedes any other written or oral agreement. I understand and agree that Northwest Technical may amend or modify this agreement or impose new conditions at any time. Any use of Northwest Technical's services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications, or new conditions) as published and made available on the Northwest Technical home page at http://www.nwtec.com/.

Revision Date: Tue Jul 28 10:43:25 PDT 2009