CoppernetDSL Broadband End User Terms of Service Agreement
Rev 7/1/2007

Note: This Terms of Service applies to all Users.

 

The Terms of Service in this Agreement (the “Agreement”) are entered into by and between the subscriber (“User”, “you”) and Copper.net, Inc. dba CoppernetDSL (“CoppernetDSL”) for Internet Access and related services as set forth on our website at www.Copper.net/dsl . You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement sets forth the terms and conditions under which you agree to use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.  BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL.

1.  Warranty Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY CoppernetDSL (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). CoppernetDSL (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY CoppernetDSL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF CoppernetDSL TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

CoppernetDSL DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF CoppernetDSL HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE PROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR CoppernetDSL SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY CoppernetDSL -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).

CoppernetDSL DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY CoppernetDSL WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. CoppernetDSL SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. CoppernetDSL MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CoppernetDSL MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL CoppernetDSL (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CoppernetDSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO CoppernetDSL’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH CoppernetDSL (AND IT’S OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), CoppernetDSL’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

CoppernetDSL RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS CoppernetDSL (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING CoppernetDSL (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF CoppernetDSL (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

2.  Internet Access Service and E-mail

CoppernetDSL will provide you with dedicated access to the Internet, subject to the terms and conditions set forth herein (the “Service”). Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local service provider’s central office, internet congestion, upload and download speed of your destination server. Service is provided in conjunction with a circuit provider, which may be your local phone company. The circuit provider retains the right to cancel the service before or after installation at their sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for a few weeks before assuming that service will be available and of good quality.

 

2.1  User E-Mail Account

CoppernetDSL provides User with five (5)  @Copper.net  email accounts.  Additional  @Copper.net  email accounts may be available for sale by contacting customer service. 

CoppernetDSL does not and will not perform system backups on any User's E-mail account(s).  CoppernetDSL shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes.  User should not use the CoppernetDSL web mail feature as their primary mail client.  Settings in the web mail feature, including stored messages, addresses, or other settings will not be retained in the event of data loss.  Storage for e-mail messages and attachments is set to 10 MB per account.  E-mail data on our servers may be deleted at least every 21 days.

 

2.2 Back-up dial – up Service

Copper.net will provide to all CoppernetDSL subscribers a back up dial up account at no additional cost.  This account can be used to access email away from home and is limited to 30 hours of dial up connectivity per month.

 

2.3 Access Telephone Numbers for Back-up dial-up Service

For the use of the 30 hour per month dialup account, an updated and complete listing of Copper.net access telephone numbers is available at www.Copper.net.

COPPER.NET CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL.  COPPER.NET CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS.  IF ANY DOUBT EXISTS, USER SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY.  COPPER.NET CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER MAY INCUR.  COPPER.NET, ITS EMPLOYEES OR ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT MAY NOT BE LOCAL TO EACH USER.  COPPER.NET WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE CONNECTED TO THE SERVICE. 

User understands that from time to time Copper.net or its contractors may add, discontinue or change access telephone numbers.  Copper.net and its contractors reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary.  User agrees to alter access number if requested.  In the event an access number is not available in a User s local dialing area, it is the sole responsibility of the User to cancel Service as outlined elsewhere in this agreement.  Copper.net will issue no refunds or credits in the event an access telephone number is changed or discontinued.

 

3.  EQUIPMENT

3.1 MODEM:  CoppernetDSL will provide subscriber with a modem and a setup CD for the one time modem and setup fee of $39.99 plus $8.99 shipping and handling. 

 

3.2 SUBSCRIBER PREMISE EQUIPMENT. The DSL connection will allow one computer to use your DSL connection. CoppernetDSL does not provide support for router(s). All modem packages include basic instructions and support.

 

3.3  SOFTWARE:  In connection with our provisioning of the Service, we may provide via download, CD, other media, or other delivery method, the use of certain software which is owned by CoppernetDSL or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from CoppernetDSL or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

 

4.  TERM. This Agreement is effective upon Subscriber’s acceptance as provided above and shall continue until terminated by Subscriber or CoppernetDSL pursuant to this Agreement. The term of the service plan is typically monthly but may only be available in certain areas t on a twelve (12) month term beginning on the day such Subscriber accepts the terms of this Agreement as provided above.  The billing for all accounts will occur on a monthly basis as described in Terms of Payment paragraph below.  All plans will automatically renew on the anniversary date of the plan being created each month. 

 

5. INSTALLATION  The installation of your CoppernetDSL service consists of:

1.  User may be required to be an active land line subscriber to a telephone service provider in order for CoppernetDSL to provide service.  

2.  Signup online or over the phone with payment of Modem and setup fee

3.  Receipt and self-installation of CoppernetDSL modem (see paragraph 6). 

4.  Installation of DSL service by telephone company via provisioning process at Telephone Company location will make service live at user’s residence.  CoppernetDSL will facilitate this process for user.

Unless otherwise requested by the Subscriber, the first available connection date will be provided by CoppernetDSL in partnership with telephone provider. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that circumstances may arise which delay a Subscribers estimated installation date and any such delay will not be considered a breach of this Agreement by CoppernetDSL. Payment for all applicable modem and setup fees must be received prior to your installation date in order for your setup instructions and IP information to be released to you. If your payment is not received by your installation date, you will be responsible for the service fees even though your IP and setup information has not been provided to you. A Subscriber’s computer must be equipped with an Ethernet Network Interface (NIC) card for proper DSL operation. CoppernetDSL does not include a NIC card as part of the modem package.

6.  SELF-INSTALLATION. Self-installation allows the Subscriber to setup their DSL equipment. CoppernetDSL provides a setup CD and instructions as well as free phone support to help in this process.  This option provides service to the minimum point of entry (“MPOE”) of your phone service. Your MPOE is normally located outside your building. No additional wiring is necessary, the standard phone lines of a residential location are typically sufficient.  Inside wiring and inside wiring repair is not included but rarely necessary. If inside wiring or inside wiring repair is required, you must contract with your circuit provider or other professional for such work at your own cost. Faulty inside wiring is not grounds for cancellation of your contract. Multi-line phones, phone systems, alarm system or special phone configuration may require a professional installation or special multi-line phone filters. CoppernetDSL does not provide nor is responsible for any special equipment including but not limited to a POTS splitter or multi-line phone filters. A required professional installation, need for special equipment in order to establish a connection or an incompatible phone line or phone system is not grounds for cancellation of your contract.

 

7.  MAINTAINING CURRENT TELEPHONE SERVICE. DSL service shares the Subscriber’s current telephone line and service. It is the Subscriber’s sole responsibility to maintain the phone line and phone number of original installation in continuous working order with the local phone company in order to receive the Services. A Subscriber who disconnects telephone service remains responsible for monthly service fees, Early Termination Fees and all other fees, charges and other obligations provided for in this Agreement. This includes but is not limited to change of phone number, change of phone line or change of service location. A change in phone service will result in downtime while service is reestablished.

 

8.  TECHNICAL SUPPORT. CoppernetDSL assumes that the Subscriber has a basic understanding of their computer. CoppernetDSL will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems that were not supplied by CoppernetDSL, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. CoppernetDSL is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware.  It is the Subscriber's responsibility to initiate and be available for technical support during CoppernetDSL's hours of operation. If a Subscriber wishes to utilize CoppernetDSL's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. CoppernetDSL does not provide on-site technical support. However phone company technicians may be dispatched to troubleshoot the circuit with a Subscriber's approval. The Subscriber is solely responsible for all charges involved with dispatching a technician to troubleshoot their line.

 

9.  Age Limit and Legal Authority to Subscribe

User acknowledges that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that CoppernetDSL relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify CoppernetDSL whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. User understands that certain materials available while using the Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

 

10.  Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive.  User accesses such materials at his or her own risk.  CoppernetDSL has no control over and accepts no responsibility whatsoever for such materials.

 

11.  Prohibited Uses

User may not:

Send unsolicited E-mail, (known as 'Spam') to anyone residing on our servers or through our servers, or when dialed into the network.  Use of System for Spam or other prohibited uses will result in immediate termination of any and all CoppernetDSL accounts registered to the User in violation without notice.  The following types of E-mail sent constitute as Spam:

·         Forged E-mails To/From address other than from the actual sender or to the actual recipient.

·          Message subject not related to the E-mail body.

·          E-mail not requested by the recipient.

·          E-mails sent in bulk by sender.

·         Mail bombs.

Restrict or inhibit any other User from using and enjoying the Internet;

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

Post or transmit any sexually explicit materials or materials that may be offensive as determined by CoppernetDSL;

Post or transmit any information or software, which contains a virus, cancelbot, Trojan horse, worm or other harmful component;

Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

Send unsolicited advertising or promotional materials to other network Users (See section titled "MESSAGING");

Allow Users to run Mail list, Listserv or any form of auto-responds from User's account;

Run or activate processes while User is not logged in;

Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

CoppernetDSL has no obligation to monitor the Service.  However, User agrees that CoppernetDSL has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.  CoppernetDSL will not intentionally monitor or disclose any private E-mail message unless required by law.  CoppernetDSL reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.  CoppernetDSL reserves the right to suspend access to the Service for User's account.  The account's suspension may be rescinded within the sole and absolute discretion of CoppernetDSL following payment of a reconnection charge, to be determined by CoppernetDSL in its sole and absolute discretion.

 

12.  Messaging

User agrees to limit their use of the CoppernetDSL Service, specifically regarding the use of CoppernetDSL’s electronic (E-mail) Services, to the following restrictions:

12.1 Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

12.2 Fraudulent Addressing

User agrees that the purposeful distribution of any E-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited.  User may not purposefully misrepresent the origination information of any E-mail messages sent while using the CoppernetDSL Service.

13.  Fraudulent Content/Acceptable Use

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.  FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $500 (USD).  COPPERNETDSL RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF COPPERNETDSL SERVICES, A ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE TERMS.  IN THE EVENT USER PRE-PAYS FOR THEIR COPPERNETDSL SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, COPPERNETDSL RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE TERMS.  USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF COPPERNETDSL SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

 

14.  Restricted Content

You agree not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us.  You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

15.  Terms of Payment

A User who provides payment by credit card or debit card agrees to allow CoppernetDSL to bill his or her card on each successive billing date.  A one time set up fee of $39.99 will be charged along with a fee of $8.99 to cover the cost of shipping and handling.   A credit card User shall notify CoppernetDSL of any changes in credit card number or expiration date.  If the card is not honored for any reason, and if alternative billing has not been established, the account will be terminated. 

The billing for all accounts will occur on a monthly basis.  The billing date is the anniversary of the date of signup.  In any month that the anniversary date does not occur (e.g. 30th of the month in February) the billing date will be the last calendar day of the given month.  The 2nd month billing will reflect a pro-rated credit for the time between signup and the installation of the service.  Any promotion credits will occur in the first month of billing.

CoppernetDSL will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit card limits, exceeding available bank account balances, or any other such reason.

CoppernetDSL maintains the right to terminate Service for any unpaid subscriptions.  Accounts in default may be subject to an interest charge of 2.5% per month on the outstanding balance.  Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices.  In the event CoppernetDSL utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of CoppernetDSL s attorneys' fees and costs in the collection of these sums.

CoppernetDSL reserves the right to change prices at any time without prior notice to its Users or the public.  Price changes will not be retroactive for existing Users, regardless of the length of their existing Service subscription.

All amounts due, referenced on the CoppernetDSL web site, or quoted by representations of CoppernetDSL and its affiliates are understood by User to be in United States Dollars (USD).

 

16.  Right to Cancel

CoppernetDSL reserves the right to cancel your Service for any reason without prior notice. Most CoppernetDSL services are provided on a month-to-month basis.  In certain areas an annual contract is required.  The terms of the plan chosen are provided at the time of sign up.  If an annual plan is required, cancellation prior to the end of the 12 month term may be charged a disconnection fee of $99.99.  If a user wishes to cancel the service or your account is closed due to non-payment, disconnection fees may apply. 

User must notify CoppernetDSL via telephone or in person to cancel Service.  USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER.  Cancellations shall not be honored by electronic mail, fax or postal mail.  CoppernetDSL offers a one-time risk free 30-day trial of its DSL Internet service for new accounts only.  Refunds will not be issued for unused portions of monthly accounts for any account.  Cancellations in areas requiring a one year commitment will be subject to a ninety-nine dollar and ninety-nine cents ($99.99) disconnection fee.   Refunds may take up to 30 days to process.  Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. 

 

16.1 IP ADDRESSES Each Subscriber is allowed one (1) computer device per IP address. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by CoppernetDSL. CoppernetDSL may choose to assign any Subscriber a new IP address at any time.

 

17.  No Confidentiality

Information transmitted through CoppernetDSL and through the Internet in general is not confidential.  CoppernetDSL cannot and shall not guarantee privacy or protection of any User.  CoppernetDSL reserves the right to monitor any User's transmissions when deemed necessary for providing proper Service and/or to protect the rights and property of CoppernetDSL.

 

17.1 User Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, CoppernetDSL will not publish User's name and other consumer information.  CoppernetDSL will not make such information available to third parties.

17.2 PRIVACY POLICY.  CoppernetDSL will treat each Subscriber’s personal information in accordance with CoppernetDSL privacy policy (“Privacy Policy”) published at www.CoppernetDSL/privacypolicy.htm . Subscriber agrees to the terms of the Privacy Policy. CoppernetDSL reserves the right to make changes to the Privacy Policy without notice.

 

18.  Non-transferable

The right to use the Service is not transferable.  Accounts are for User's use only.  User shall be responsible for the confidentiality of User's password.  User shall be liable for any violations to this Agreement that may occur during the use of User account.

 

19.  Purchases and Transactions while on the Service

CoppernetDSL is not responsible for the confidentiality of information that User may provide to merchants and information or Service providers while connected to the Service.  Negligence or other issues related to purchases, agreements, or other transactions performed while User is connected to the Service are the sole responsibility of User and merchants and information or Service providers.  CoppernetDSL assumes no responsibility or liability in such transactions.

 

20.  No System Backup

CoppernetDSL does not and will not perform system backups on any User's E-mail account(s).  CoppernetDSL shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes.  Except as otherwise set forth herein, CoppernetDSL will not provide historical data, to any party for any reason, regarding any system or Internet activity.

 

21.  Failure to Comply With Terms and Conditions

CoppernetDSL may deny User access to all or part of the Service without notice if User engages in any conduct or activities that CoppernetDSL in its sole discretion believes violates any of the terms and conditions in this Agreement.  If CoppernetDSL denies User access to the Service because of such a violation, User shall not have the right (1) to access through CoppernetDSL any materials stored on the Internet, (2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited, (3) to access third party Services, merchandise or information on the Internet through CoppernetDSL, and CoppernetDSL shall have no responsibility to notify any third-party providers of Services, merchandise or information or any responsibility for any consequences resulting from lack of notification.


22.  Port Filtering  A port 25 (outgoing mail) filter may be applied to all Subscribers to prevent against spam generated from our network.  In addition, CoppernetDSL may periodically scan port 25 over your DSL line to make sure your mail server is not an open relay. If CoppernetDSL finds an open relay on your mail server, the port 25 filter will be reinstated and you will be notified by the contact email address entered above. CoppernetDSL reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port.

23. Assignment  You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. CoppernetDSL may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

24. Miscellaneous

All introductory promotional offers are intended for new customers only.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

CoppernetDSL's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

CoppernetDSL may modify this Agreement from time to time.  It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified.  If User does not agree to any modification of this Agreement, User must immediately cancel the Service per the terms outlined elsewhere in this agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflicts of law provisions.  Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

CoppernetDSL shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of CoppernetDSL.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming CoppernetDSL as the defendant, shall be proper only in a venue determined by CoppernetDSL.

In any action between CoppernetDSL and User to enforce any of the terms of this Agreement, CoppernetDSL shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and CoppernetDSL with respect to the Service.