Brier Net ("Brier Net") agrees to provide services
to its customers ("Customer") according to the following terms
Customers of Brier Net are responsible for reviewing and complying with this
Internet Access Agreement. This Agreement is subject to change with notice
by publication on the web at http://www.brier.net - customers are
responsible for monitoring this web site for changes. This Policy was
last changed on October 15, 2002.
1.) Right of Use: The benefits and
rights conferred by this agreement are nontransferable. Use of Brier Net
accounts are limited to the individual or business whose name appears
on the account. Personal accounts may also be used by family members of
Customer living at the same address. Customer agrees to use all Brier
Net services in a manner consistent with applicable laws. In the event
that services are not used in accordance with all applicable laws, Brier
Net reserves the right to cooperate with all law enforcement agencies.
If Customer is less than 18 years of age, a copy of this Agreement must
be signed by a parent or legal guardian, who is responsible for all charges
related to Brier Net services used by Customer. Brier Net reserves the
right to change, without notice, Brier Net access procedures, hours of
operation, vendors, and services offered.
Sending unsolicited mass email messages (ie. to more than 25 individuals
within a 24 hour period) which provoke complaints from the recipients.
2.) Passwords: Customer is responsible for all use of
the account and the confidentiality of passwords. Brier Net will suspend
or change access to Customer's accounts immediately upon notification
by Customer that his or her password has been lost, stolen, or otherwise
compromised. Brier Net is not liable for any usage or charges prior to
Brier Net making the necessary account alteration.
3.) Backup of Customer Data: Brier Net is not responsible
for Customer's personal files residing on Brier Net equipment. Customer
is responsible for independent backup of his or her data.
4.) Termination: Brier Net, at its sole business judgment,
may terminate this Agreement immediately or suspend Customer's access
to Brier Net services upon any breach of this Agreement by Customer, including,
but not limited to, refusal or failure to pay for services provided, or
by sole judgment of Brier Net that Customer may be performing activities
harmful to Brier Net or its customers, employees, vendors, business relationships,
or any other users of the Internet.
5.) Obligation to Pay: Customer agrees to pay Brier Net
all charges relating to the use of Brier Net services, including a one
time activation fee of $20.00. In the event that Brier Net initially waives
this fee, Brier Net reserves the right to reinstate the activation fee
if the account is found to be in default within the first 60 days of service.
Failure to use Brier Net services does not relieve Customer of payment
obligations. New customers must pay their first payment within 10 days
of service activation _ if payment is not received within that time, service
will be deactivated until full payment is received. All other accounts
must pay charges in a timely manner to maintain services. Payments more
than 15 days late will result in suspension of service and late charges.
Brier Net reserves the right to change prices on 30 days notice published
6.) Checks and electronic payments: If Customer is paying
by check, Customer authorizes Brier Net to debit Customer's checking account
for the amount of any check returned unpaid by Customer's bank, plus a
$25 returned check fee. This includes the authorization for Brier Net
to re-process the check through an electronic clearing house.
7.) Telephone charges: The customer is responsible for
insuring that the calling plan they have with their local telephone provider
will not cause them to incur message unit or long distance charges. The
customer is responsible for all local and long distance telephone charges
when using Brier Net services.
8.) Default: Customer is in default of this Agreement
if: 1.) Customer fails to abide by any Brier Net condition of service;
or 2.) Brier Net does not receive a payment on or before its due date.
In the event the Customer defaults on this Agreement, Brier Net may suspend
or cancel the Customer's account. Also, Brier Net reserves the right to
bill outstanding balances to any Credit Card or checking account previously
used by the Customer without regard to the billing option selected by
the Customer. In the event the Customer has normally received monthly
statement billing, Brier Net reserves the right to electronically debit
the Customer's checking account.
9.) Cancellation: In the event of cancellation of service,
Customer is responsible for the full current month's charges. Cancellation
notice must be submitted by U.S. mail, email to firstname.lastname@example.org from
the Brier Net account, or faxed to 1-304-720-1830.
10.) As-Is: Brier Net services are provided on an "as
is, as available" basis. No warranties, expressed or implied, including,
but not limited to, those of merchantability or fitness for a particular
purpose, are made. This in no way includes any reimbursement for losses
of income due to disruption of service by Brier Net or its vendors. Neither
Brier Net nor its vendors are responsible for any damages arising from
Customer's use of Brier Net services or by Customer's inability to use
Brier Net services.
11.) Unacceptable Use: Use of Brier Net services for
advertising or promotion of commercial products or services requires a
business account. Resale of Brier Net services without a written agreement
is prohibited. The following violations of "netiquette" are grounds for
immediate suspension of service pending investigation by Brier Net and
will result in termination of the account(s) if the investigation determines
that the Customer has originated or transmitted these types of traffic.
Engaging in the practices outlined in (A) above from a provider other
than Brier Net to advertise services hosted by Brier Net, using a Brier
Net account as a mail drop for responses, or using a domain hosted by
Brier Net or which has a Brier Net account as a contact address.
Continued harassment of other individuals on the Internet after being
asked to stop by those individuals, Brier Net or other network service
Impersonating another user or otherwise falsifying one's user name in
email or with any other Internet service. (This does not preclude the
use of anonymous remailer services.)
Customers whose accounts are terminated for any of the above infractions
are also responsible for the cost of labor to cleanup and respond to complaints
incurred by Brier Net. Customer agrees not to publish or distribute any
information through Brier Net 's services which violates or infringes
any copyright, trademark, or other proprietary rights of others, or which
contains anything obscene or libelous. Software intended to facilitate
any such violations or infringements may not be stored on Brier Net machines.
12.) Damages: Brier Net reserves the right to collect
damages (software, hardware, and man hours) if any harm is done to Brier
Net by Customer which requires repair or reconfiguration of any kind.
13.) Unlimited Use: Certain Brier Net Products and Services
are sold on an Unlimited Use basis. The definition of Unlimited Use is
the act of human being actively surfing, chatting or otherwise engaged
in the use of the Service. Running POP clients, bots or other software
mechanisms to cause a connection to appear to be in active use does not
meet this criteria. Brier Net unlimited interactive usage dialup connections
are not intended to be FULL TIME dedicated connections and will be disconnected
after a period of inactivity. Brier Net reserves the right to impose restrictions
on accounts it deems to be in violation of these conditions.
14.) Governing Law: This Agreement shall be governed
by the laws of the State of West Virginia.
15.) Entire Agreement: This Agreement contains the entire
agreement and understanding between the parties and supersedes all prior
agreements, understandings, inducements and conditions, express or implied,
oral or written, of any nature whatsoever. Each and every provision of
this Agreement is independent and severable from the others, and no restriction
will be rendered unenforceable by virtue of the fact that, for any reason,
any other or others of them may be unenforceable. Non_enforcement of any
section of this Agreement does not constitute consent and Brier Net reserves
the right to enforce this Agreement at its sole discretion.