General Terms of Service (Rules for using Calinet Internet Services)
Updated: January 1, 2006
Calinet.com, LLC (CALINET) is an Internet Service Provider (herein referred to as "CALINET") and a party to this Agreement. The person, company or entity who applies for and uses CALINET Services (herein referred to as "you") are the other party to this Agreement.
2. Agreement of Terms/Changes in Terms.
Use of any CALINET Service constitutes your approval and acceptance of this Agreement in its entirety. Acceptance of this Agreement is a condition to the use of any CALINET Service. If you do not agree to the Terms and Conditions of this Agreement you are not permitted to use any CALINET Service and you must contact CALINET immediately prior to any use of CALINET Services so we may close your account. CALINET may occasionally modify this Agreement and if so will notify you via Email and/or the CALINET Website at least 30 days prior to such modifications becoming effective. You agree to be bound by any modifications to this Agreement.
3. Limitation of Liability and Indemnity.
You agree that CALINET will not be liable to you beyond the refund of your current term charges for any direct, indirect, consequential, special or punitive damage(s) or loss(es) what so ever you may incur in connection with the use of CALINET Services or any of the data or other materials transmitted through or residing on CALINET's System, even if CALINET has been advised of the possibility of such damage or loss. This includes but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, or service interruptions of any nature whatsoever. In addition you agree to defend and indemnify CALINET and hold CALINET harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys fees) relating to any acts by you, by other customers or by anyone else.
Without limiting the generality of the above paragraph, you further acknowledge and agree that:
a. No Warranties, No Responsibility.
CALINET exercises no control whatsoever over the content of the information passing through its Internet Services. CALINET makes no warranties of any kind, whether expressed or implied as to the availability, accuracy or content of the information, products or services it is providing. CALINET disclaims any warranty of merchantability or fitness for any particular purpose. Use of any information or data obtained via CALINET is at your own risk. CALINET bears no responsibility for the accuracy or quality of information obtained through its services.
b. Minors, Obscenity.
You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that CALINET is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the Internet through your CALINET account. You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials retrieved via CALINET's facilities.
4. Technical Support
The use of CALINET phone, email, fax support (herein referred to as “technical support”) is limited to the primary account holder. CALINET will NOT provide technical support for other persons whom you may authorize to use your account. CALINET technical support will only support issues related to connectivity of CALINET services. Use of Third Party Hardware, Software to connect to CALINET services is NOT supported by CALINET technical support. CALINET does however offer an extensive online support (Knowledge Base) available on our website www.calinet.com discussing the usage/installation of third party devices with CALINET services.
5. Use Restricted to Lawful Purposes.
You agree that you will only use CALINET services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. Federal, U.S. State, Local, or Foreign law. This includes, but is not limited to copy written material, material legally judged to be threatening or obscene, or material protected by trade secret.
6. Other Network's Terms of Service.
You agree to comply with the acceptable use policies, terms of service, rules, regulations, and conditions of any networks accessed by you through CALINET.
7. Service Refusal and Cancellation at CALINET Discretion
You agree that CALINET reserves the right to refuse service to anyone for any reason. You further agree that although the use of CALINET Services by you may be for lawful purposes, CALINET may cancel any account at any time without cause and without notice.
8. Account Assignment and Usage.
When you subscribe to CALINET Services and pay the appropriate charge you are entitled to a single account. Only one individual or entity may own a single account however that account may include multiple services such as Dial-Up Access, broadband Service, Virtual Domain Hosting or other services which are utilized by multiple individuals or entities. Utilization of any CALINET Services whether by the account owner or an individual or entity granted permission to use, constitutes approval and acceptance of this Agreement in its entirety by all who use CALINET Services and is not limited to the account owner. The account owner is solely responsible for compliance with this Agreement by all who utilize such account.
9. Equipment Provided - Purchase.
CALINET will sell to you, and you will purchase from CALINET, as applicable, all equipment and related cabling when you order Service (individually and collectively, the “Equipment”). CALINET warrants to you that all Equipment purchased from CALINET will be substantially free from material defects in material and workmanship, under normal use and in compliance with CALINET’s instructions, for a period of sixty (60) days from the date you receive the Equipment (“Purchase Limited Warranty”). All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted as provided in these Terms. This Purchase Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions provided by CALINET or available at www.Calinetwireless.com, or actual or attempted alteration of or additions to the Equipment not approved by CALINET, all as determined in the sole discretion of CALINET. CALINET will have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is CALINET’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. This Purchase Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is further subject to the exclusions and limitations in of this agreement. You may not sell, encumber, or otherwise transfer the Equipment to others without CALINET’s prior written consent. If you sell, encumber or otherwise transfer the Equipment, to the maximum extent permitted by applicable law, any warranties will automatically and immediately terminate. Any repair, upgrade, or replacement of the Equipment following sixty (60) days after activation of Service, resulting from defects in the Equipment or from any other cause, will be your responsibility.
10. Equipment Provided - Lease.
If you lease any Equipment from CALINET, as specified in this agreement, CALINET will retain title to and ownership of such Equipment at all times. You must return all leased Equipment in good working order to CALINET upon the termination or expiration of the Agreement or upon the request of CALINET. Failure to return all leased Equipment to CALINET in good working order upon request will result in a charge to the account that you have provided, for the amount specified by CALINET, which you acknowledge is a reasonable estimation of the replacement cost of the Equipment. CALINET warrants to you that all Equipment leased from CALINET will be substantially free from material defects in material and workmanship under normal use in compliance with CALINET’s instructions for a period of sixty (60) days from the date you receive the Equipment (“Lease Limited Warranty”). All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted to you as provided in these Terms. This Lease Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions published by CALINET or available at www.Calinetwireless.com, or actual or attempted alteration of or additions to the Equipment not approved by CALINET, all as determined in the sole discretion of CALINET. This Lease Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is subject to the exclusions and limitations specified by CALINET. CALINET may periodically replace, upgrade, repoint, or otherwise modify any leased Equipment, and will repair or replace (as CALINET deems appropriate in its sole discretion) any properly maintained leased Equipment that fails to operate as required for the delivery of Service. CALINET will have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is CALINET’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. You may not modify any leased Equipment in any way. You may not sell, encumber, or otherwise transfer the Equipment to others without CALINET’s prior written consent. In the event of any damage to the Equipment not a direct and sole result of CALINET’s act or omission, CALINET reserves the right as determined by CALINET to charge you for the actual cost of repair of the Equipment or charge you for the replacement Equipment at full retail price.
11. Dial-Up Service and Modem Usage.
Dial-Up Service is for personal, non-transferable, casual use. Dial-Up Service entitles only the named user to login and only on one Dial-Up modem or TCP/IP session at a time. Dial-Up accounts are not permitted to "Proxy" or permit access to CALINET Services for other computers networked to the computer accessing CALINET Services. You agree not to use Dial-Up Service and shared resources to such a degree that such use adversely impacts the availability of the network. You acknowledge that individual Dial-Up Service is not intended for those situations where a modem connection is maintained permanently or semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection unless your Dial-Up Service specifically permits multi-channel or simultaneous modem connections. You agree that CALINET may at its sole discretion automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat an idle time-out.
Additionally you agree if CALINET determines that your Dial-Up Service is being used multi-channel or multiple simultaneous connections are established and your Dial-Up service does not specifically permit multi-channel or simultaneous modem connections, that your monthly recurring charges will immediately be modified to include the charge of one or more additional Dial-Up Service sessions. The modified recurring monthly charges for one or more additional Dial-Up Service sessions will remain indefinitely until you request the additional recurring Dial-Up Service charge removed or until your account is closed.
12. Wireless Broadband Usage
Wireless Broadband Service is for personal, non-transferable, casual use. Broadband Service entitles the account owner access to CALINET Services for a single computer or multiple computers either by utilizing multiple IP Addresses or providing a "Proxy" or "NAT" service to computers networked to the primary computer or router device. You agree not to resell, sublet or otherwise provide any network related services for profit, utilizing your Broadband Service unless your Broadband Service account type permits reselling. While Broadband Service is provided as an unlimited service, it is limited to interactive client only use. This means you can use your Broadband Service for all normal client activities such as browsing the web, sending/receiving email, chat, video streaming, voice communications and any other client only related use. Your Broadband Service permits aggregate data transfer of approximately 650MB per day (approximately 20GB per month) which is much more than needed for normal client only usage. You agree that you will not use your Broadband Service to provide any services to remote clients across your Broadband Circuit. This includes services such as FTP, Web, Email, file serving and other related Services in which a remote client establishes a TCP/IP connection to a computer via your Broadband Service for the purpose of transferring data. Wireless Broadband Service which can be used to provide services to remote clients is available at higher monthly rates than the normal, interactive client only Broadband Service and is charged based on the amount of data transferred per month. You further agree that if CALINET determines that your Broadband Service is being used to provide services to remote clients whether interactively or non-interactively, your Broadband Service account type will immediately and without notice, be changed to an alternate Broadband service account type which permits such utilization. Additionally you agree that your monthly recurring charges will be adjusted to the monthly Broadband service charges associated with the new Service and applicable prorated charges will be added to your account and become due immediately.
13. Disk Usage.
You agree that storage of user data will be done within your assigned home directory or as assigned by CALINET Staff. You agree not to use any additional disk space above the quota permitted for your account type. If additional disk space is used above the quota amount for your account an Email notice will be sent to the primary Email address of the account alerting that the data exceeding your quota must be removed within 24 hours. If the data exceeding your quota is not removed within 24 hours a fee based on the amount of additional disk usage will be charged to your account and become due immediately and your monthly recurring charges will be modified to permit additional disk storage. The fee for additional disk usage will be at the rate of $1.00 per 1MB of data exceeding your quota.
14. Email Usage.
CALINET has a strict SPAM policy and implements several SPAM prevention techniques to minimize the amount of SPAM received and generated within our system.
You agree that you will not send bulk email to more than 22 users per SMTP session or unsolicited commercial email to multiple recipients. You also agree that you will not initiate or attempt to initiate multiple, consecutive SMTP sessions of multiple recipients exceeding 50 sessions within a 10 minute period. You also agree that during the course of normal email usage you will not attach a file, binary or other which exceeds ten (10) megabytes. Storage space for Email is combined within the quota for your account type. See Section 10 Disk Usage above for details. Violation of this condition may result in immediate termination of your account and/or SMTP session fees in the amount of $5.00 per session charged to your account for prohibited SMTP usage or SMTP usage fees in the amount of $1.00 per Email message sent, whichever is greater.
15. UseNet Usage.
You agree not make commercial postings to newsgroups the charter of which does not specifically allow commercial postings or postings which are directed to either inappropriate, unrelated or more than twenty (20) groups. Should violation of this provision require corrective action by CALINET Staff, you agree to pay all costs incurred (minimum $1000.00) in mitigating any harmful effects.
16. Billing and Account Policies
CALINET bills on a cycle-forward basis, meaning all services are billed in advance. CALINET has a standard monthly billing cycle that begins the 1st of each month and ends on the last day of the month. Any charges applied to an account during the current billing cycle will become due immediately at the time of charge and will be shown on the statement for the following billing cycle. Payment on an account is due on the 15th of the current billing cycle and is considered late on the 20th of the current cycle. Any charges to an account during the current cycle are due at the time of charge. If payment is not received in full by the 20th of the month of the current cycle, a Late Payment Charge of $15.00 will be added to your account and become due immediately. A late payment charge will not be incurred for balances less than $5.00. Each billing cycle that an account has an unpaid balance, a finance charge of 1.5% of the unpaid balance will be added to the account on the last day of the billing cycle. If the account is released to a collection agency for non-payment the finance charge of 1.5% will continue to accrue until the full amount has been paid. CALINET prorates service upon account initialization and such prorate charges become due immediately. On account termination, account charges are not prorated and the account holder remains liable for charges till the end of the current billing cycle including late fees and/or finance charges. If you have Wireless Broadband Service and you request your service terminated your service will be terminated no earlier than 45 days of such request. If your payment is by check and is returned by your bank, a NSF charge of $15.00 will be added to your account and become due immediately. If your payment is by credit card and is declined two consecutive times during processing a NSF charge of $15.00 will be added to your account and become due immediately. If your account remains unpaid by the 20th of the current billing cycle, CALINET may manually freeze your account without notice or automatically freeze your account on the last day of the current billing cycle. If your account is frozen for non-payment CALINET will require the current balance of the account to be paid in full in addition to a re-activation charge of $10.00 before the account can be unfrozen. A deposit of 2 times the normal monthly charges on the account may also be required before the account can be unfrozen. If your account is submitted to a collection agency for non-payment, a collection charge in the amount of your current balance will be added to your account prior to release to collections. You agree that you have read, understand and accept the previous paragraphs in their entirety and that you will remit payment for any amounts due on your account on or before the 15th of the current billing cycle.
17. Credit Card Auto Debit and Policies
CALINET encourages customers to maintain a credit card on file to be debited each month for the amount due on your account. It is your responsibility to maintain the credit card validity. If your credit card is declined on the 1st of the month it will be retried on the 5th of the month. If your credit card is declined on the 5th of the month a NSF (Non Sufficient Funds) charge of $15.00 will be added to your account and become due immediately. CALINET staff will attempt to contact you for updated credit card information a maximum of 3 times until the 20th of the month at which time a late payment fee as described in section 16 Billing and Account Policies, will be charged to your account and become due immediately. If your credit card is not updated by the 1st of the following month your account will be frozen and may be released to a collection agency. If you choose to use credit card auto debit you agree to maintain the validity of your credit card and provide CALINET with updated credit card information in the event of an expired or deactivated card.
Additionally you agree with this section in its entirety.
18. Prepay and Discount Policies
Periodically CALINET offers a prepay Special which allows you to Prepay your account for a number of months and receive a prepay credit which decreases your monthly charges. If you take advantage of a prepay Special you agree that you will not terminate your account prior to the end of the number of months you have prepaid. If you do request your account terminated prior to the end of the prepaid period, the prepay credit issued to your account will be removed and an early termination charge of $25.00 will be added to your account and become due immediately. When your prepaid period has expired your account will default back to a month to month cycle. At times CALINET provides discounted service to students, seniors and other not for profit agencies. If your account enjoys a discounted service you must maintain your account and pay any balance due to retain your discount. If your account is not paid on time according to Section 16 above your discount will be removed retroactively to the number of months your account is behind and you will automatically forfeit future discounts.
19. Choice of Law.
You and CALINET agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to CALINET services. In addition, you and CALINET agree and consent that the courts of San Luis Obispo County California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the service provided hereunder.
20. Rights Not Waived.
Failure by either you or CALINET to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
21. Partial Invalidity.
If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal or if such provision is found to totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether.
22. Entire Agreement.
It is expressly understood that there are no oral agreements or understandings between you and CALINET which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall without prior notice be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise this Agreement, the Application Form, and any later written changes published via CALINET's service, constitutes the entire agreement between the parties.