ReachONE Internet Terms of Service
1. Introduction
By using Services provided by a subsidiary of ReachONE, Inc. (including, but not limited to, ReachONE Internet, Olympic Network Communications, The Connect Corporation, TurboTek, Connect! delSol, South Puget Sound Online, WorldStar Internet Technologies, North West Rain Networks, OrcaLink, and NWTekk) ("ReachONE"), you agree to comply with these Terms and Conditions (“Terms”).
In these Terms, "Service(s)" refers to, but is not limited to, any dial-up Internet access, Digital Subscriber Line Internet access (“DSL”), web hosting, co-location, satellite Internet access, wireless Internet access, leased line Internet access, such as frame relay, technical support received, or similar services that you may have purchased from ReachONE. Your use of these Services is subject to the guidelines set forth in the Acceptable Use Policy (“AUP”) you accepted in conjunction with the Services you purchased from ReachONE.
2 Definitions
Account Owner (“Owner”) – The account holder of record. This person or organization is responsible for all use of the account, with our without the knowledge or consent of the Owner.
Account User (“User”) – The User is defined as any person who uses the Service, with our without the knowledge or consent of the Owner.
3 Provision of Services
3.1 - This Agreement defines the terms and conditions of service for all types of accounts offered by ReachONE, both personal and business, and the services available through those accounts. ReachONE “services" are defined as the use of computing, telecommunications, software, and information services provided by ReachONE Internet; these services also include the provision of access to computing, telecommunications, software, and information services provided by others via the global Internet.
3.2 - ReachONE will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement.
3.3 - ReachONE services include access to many areas of the Internet, including but not limited to, Web sites, Usenet discussion groups, Personal Pages, and IRC channels. Some of these areas contain discussion, materials, and pictures intended for adult audiences. Owners must be at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you may authorize the minor's use of your account, but you must assume all liabilities resulting from the minor's use of ReachONE Services. From time to time ReachONE may offer rating systems and filtering software or procedures to help you to screen out language or images that you do not wish to receive through your ReachONE Services. Because a rating system may depend on the content provider's evaluation and self-rating, there is no guarantee that all adult or other information that you wish to screen-out, will in fact, be screened.
3.4 - ReachONE reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which ReachONE, in its sole discretion, believes violates these Terms and Conditions or ReachONE's AUP, or is otherwise harmful to ReachONE's interests or the interests of other Owners.
3.5 - You may only use ReachONE's Services for lawful purposes, in compliance with all local, state, federal, and applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through ReachONE Services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.
3.6 - To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or other Owners, ReachONE reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. ReachONE will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.
3.7 - When ReachONE becomes aware of possible violations of this Agreement, ReachONE may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from Owners and/or Users and examining material on ReachONE's servers. During investigations, ReachONE may suspend accounts involved in a violation and/or remove the material involved from its servers. If ReachONE believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from ReachONE servers, cancel newsgroup posts, warn the Owner(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. ReachONE, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability.
3.8 - You are responsible for obtaining and maintaining any communications equipment necessary to connect to ReachONE Services, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with ReachONE's requirements. In addition, you are responsible for maintaining the security of your account, password, files, and any information you disseminate through ReachONE Services or other Internet services, and for all use of your account with or without your knowledge or consent.
3.9 - YOU ARE RESPONSIBLE FOR ALL CHARGES RELATED TO LOCAL OR LONG DISTANCE TELEPHONE SERVICE. It is the responsibility of the Owner to verify that the telephone number being dialed is local to your calling area; if the number originally supplied to you is not local, or your computer is configured to dial long distance, you may call our technical support department to obtain help.
4 Payment of Fees
4.1 - A list of current monthly and set-up fees for ReachONE Services can be found on the Web at http://www.reachone.net/. ReachONE will publish an online notice of fee increases at least 30 days before such increases take effect.
4.2 - ReachONE will begin providing service to you after it receives a valid credit card number and all other information needed to activate your account and/or has received cash/check payment for the first calendar month of service in accordance with our cash/check billing policy. YOU ARE RESPONSIBLE FOR ALL FEES DUE FROM THE MOMENT THAT ITEM 4.2 IS SATISFIED.
4.3 - You agree to provide ReachONE with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a ReachONE account or Service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
4.4 - Your ReachONE account will be considered delinquent if your credit card company or bank refuses for any reason to pay the amount billed to it or if you pay by cash/check and your invoice is 1 calendar month past due in accordance with our cash/check billing policy. Accounts that are delinquent may be suspended, archived, or purged from the system. Suspended accounts may continue to accrue finance charges until reinstated or canceled, even if the account is not used by the Owner or Users. You acknowledge responsibility for any account you have opened until payment in full is made.
4.5 - ReachONE reserves the right to charge a service reactivation fee to reinstate deactivated accounts.
4.6 - There is a $25.00 service charge for each returned check.
4.7 - If you believe ReachONE has billed you incorrectly, you must contact ReachONE no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to ReachONE's Billing Department, and should include all available information about the suspected error.
4.8 - When your credit card expires, ReachONE, will require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If ReachONE is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to ReachONE when requested, ReachONE may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account as provided in section 5.4.
5 Cancellation of Accounts
5.1 - To cancel your account, you must contact ReachONE's Billing department via e-mail, fax, postal mail or phone. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in ReachONE's billing records. If the information provided to ReachONE for an account does not match the account's records, cancellation may be delayed or prevented.
5.2 - All cancellation requests must be received by 4:30 PM Pacific time five days before the end of your accounting cycle in order to be processed before the beginning of the next accounting cycle. Cancellation requests directed to other ReachONE departments may not be received by the Billing Department in time.
5.3 - All ReachONE accounts must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the accounting cycle in which the account is canceled.
5.4 - If a ReachONE account is canceled, suspended or terminated, ReachONE may maintain the account for 30 days. You may contact ReachONE within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. ReachONE reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or ReachONE's AUP. If you do not contact ReachONE within 30 days, your account and associated files will be deleted from ReachONE's servers, and ReachONE will not be able to reopen it or restore files. ReachONE is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of Terms and Conditions, or ReachONE's AUP.
6 “As Is” Services; Limitation of Liability; Indemnification
6.1 - "As Is" Services. You acknowledge that ReachONE Services are provided "as is". ReachONE, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that ReachONE Services will be uninterrupted or error free. ReachONE expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.
6.2 - Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use ReachONE Services, other than for payment of fees due under Section 5 and for indemnification under section 6.3, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through ReachONE is at your own risk. Under no circumstances will ReachONE be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on ReachONE's services and systems. You agree to waive and hold ReachONE harmless from any claims relating to any action taken by ReachONE as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from ReachONE as a result of ReachONE's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of ReachONE’s conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the AUP. IN NO EVENT SHALL ReachONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE ReachONE'S SERVICES. ReachONE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT ReachONE'S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, ReachONE's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and ReachONE limits its liability in such jurisdictions only to the degree allowed by the applicable laws.
6.3 - Indemnification. You agree to defend, indemnify and hold ReachONE harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto ReachONE's servers, or from any and all use of your account, with or without your knowledge or consent.
7 Miscellaneous
7.1 - This Agreement will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of and venue in a court of competent jurisdiction located in and serving Thurston County, Washington.
7.2 - Section 6 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.
7.3 - If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
7.4 - This agreement contains the sole and entire agreement and understanding of the parties with respect to the entire subject matter hereof. Any and all prior discussions, negotiations, commitments, and understandings relating thereto are hereby merged within this document.
7.5 - The parties agree that the rights and obligations under this Agreement shall inure to and be binding upon their respective executors, administrators, successors and assigns, subject, however, to the provisions restricting assignment which may be contained herein.
7.6 - In the event that any legal action or arbitration is filed in relation to this Agreement, the prevailing party shall be entitled to all cost and reasonable attorneys' fees in any such action relating to this Agreement. The prevailing party shall further be entitled to an additional award of reasonable attorney's fees and cost relating to collection of judgment entered as a result of legal action or arbitration filed in relation to this Agreement. The parties covenant and agree that they intend by this subparagraph to compensate for attorneys' fees actually incurred by the prevailing party in retaining attorneys at there then normal hourly rate, and that this subparagraph shall constitute a request to the court that such rate or rates be deemed reasonable.
7.7 - The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained or to exercise any option or right herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such option or right, or of any other covenants or agreement, but the same shall be and remain in full force and effect.
7.8 - Time is of the essence with respect to the performance of each of the covenants and agreements herein set forth.
7.9 - This agreement has been submitted to the scrutiny of all parties, and each party has been given ample opportunity to have this document reviewed by counsel of his choice. The agreement shall be given a fair and reasonable interpretation without consideration or weight being given to its having been drafted by any party or that party's counsel. Each party expressly waives any right to claim contrary.
7.10 - It is specifically understood and agreed between the parties that the obligee parties' acceptance of any sum due under the terms of this Agreement, howsoever described, which is less than the amount then due under the terms of this Agreement, shall not act as, or be deemed to be, a waiver of the total amount then do or a compromise or accord and satisfaction of the amount claimed as due by the obligee party.
8. Revisions to these Terms and Conditions
ReachONE reserves the right to revise, amend, or modify these Terms, the AUP, or any other policies and agreements at any time. Notice of any revision, amendment, or modification will be posted on our web site at http://www.reachone.net.
Cash/Check Policy for Services
INVOICES
Invoices are generated Monday through Friday on the anniversary date of your initial subscription to the Service. If your anniversary date falls on Saturday, Sunday, or holiday your invoice will be generated on the previous business day.
Note: If this billing date is inconvenient for you, please let us know and we can adjust it.
Upon start of service, payment is due within 7 calendar days. If payment is not received, your account may be suspended or terminated as provided in section 5.4.
If at any time you need to make payment arrangements, please contact us at 888-820-7559. If you are having trouble using your access, please contact us immediately.
YOU ARE RESPONSIBLE FOR ANY AND ALL FEES DUE IN ACCORDANCE WITH OUR TERMS AND CONDITIONS, ITEM 4.2, EVEN IF YOU ARE HAVING TROUBLE WITH YOUR CONNECTION.
LATE NOTICES
Late notices are generated when an unpaid invoice reaches 14 days old and are sent via your billing method. This is a reminder for you in case you overlooked your original invoice.
ACCOUNT DEACTIVATION
Accounts that have unpaid invoices that reach 1 calendar month old are subject to deactivation. A paper statement is mailed 7 days before the account is deactivated. If this date falls on a Saturday, Sunday, or holiday this statement will be mailed on the previous business day.
COLLECTIONS
If payment is not received on the past due invoice, the account will be referred to collections. These accounts are subject to collection fees over and above the total unpaid invoices.
Revised 06/17/2003
