SURFNET COMMUNICATIONS' SERVICE TERMS AND CONDITIONS
SurfNet's Service Agreement is merely a statement of "good business practices" and can be summarized as follows:
Use the Internet wisely - it is a powerful tool and our service gives you full access to its capabilities.
Do not use our service to do illegal things.
Respect other Internet SUBSCRIBERs' rights to use the Internet and to provide Internet service.
BEFORE SIGNING UP, OR CONTINUING USE OF OUR SERVICE, PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY.
This Service Agreement represents the complete Agreement and understanding between Surfnet Communications and you, the Surfnet Communications accountholder, and supersedes any other written or oral agreement pertaining to your Surfnet Communications service. By using Surfnet Communications, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your SurfNet USA account.
If anything is unclear or you have questions please contact Surfnet
before agreeing to these terms and conditions.
Surfnet Communications may be contacted
or by regular mail:
PO Box 66831
Scotts Valley, CA 95067
or by phone: (800) 651-5041
Surfnet Communications reserves the right to modify the Service Agreement, and/or modify the prices of its services, as well as discontinue or change the services offered.
Service Terms and Conditions
These Service Terms and Conditions are agreed to by and between Surfnet Communications, Inc. ("SURFNET") and the customer ("CUSTOMER") as designated on their Service Order. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows:
1. Accounts and Service - SURFNET shall provide SUBSCRIBER with an account (the "Account") on SURFNET's network, which will allow CUSTOMER to access the Internet on the terms set forth herein and on the Service Order, as may be amended from time to time by SURFNET. CUSTOMER'S Account will include access to the World Wide Web, electronic mail ("email"), and other Services commonly associated with the Internet.
2. Installation - CUSTOMER warrants that they are at least 18 years of age and own the premises or have received permission from the owner of the premises to make any changes to the premises needed to install and power the equipment needed to receive Services. Additionally, in the case of an apartment or condominium, it is the CUSTOMER's obligation to confirm that the placement of network devices in an area where it is not in violation of any building owner restrictions or building codes. CUSTOMER agrees to allow SURFNET or its contractor�s access to the premises to perform installation, repair, or maintenance activities in support of the Services. CUSTOMER will NOT use SURFNET services to: 1) Operate any Internet Service Provider enterprise, 2) Compete in any way with SURFNET or 3) Resell or redistribute services in any way without SURFNET's prior written approval. CUSTOMER hereby authorizes SURFNET and/or its authorized contractors to install the equipment necessary to provide SURFNET Services. CUSTOMER will be the sole interface between the building owner/manager and SURFNET. Any custom installation work that you request, including placing cable under carpet, inside molding, through cabinets, attics, interior walls or crawl spaces may require additional charges. SURFNET will not be liable for any alterations or damage to the premises that result from installation or removal of the equipment or subsequent Acts of God including, but not limited to: holes in roofs and walls, cable wiring, power cabling, antenna mounting brackets, wind or lightning. The CUSTOMER will additionally provide SURFNET with code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical service.
3. Term and Billing - SURFNET will enable CUSTOMER's Account upon the date (the "Commencement Date") of SURFNET's acceptance of CUSTOMER's Service Order. CUSTOMER shall promptly notify SURFNET in writing or by email of any changes in CUSTOMER's Account information, such as changes in address or telephone number. In the event CUSTOMER has committed to a multi-month contract as part of his Service Agreement, an early Termination Charge (defined below) will apply. CUSTOMERS agrees to receive their statement for Services via Email. SURFNET will provide Services to CUSTOMER subject to this Agreement, and CUSTOMER agrees to.
4. Payment - CUSTOMER shall pay all fees, including the Monthly Service Fee, Setup Fee, and any other fees, as set forth on the Service Order.
5. Method of Payment - All Services are prepaid. SURFNET reserves the right to collect the last month's non-refundable payment in advance and may collect or recollect such at any time. There may be a fee for certain billing methodologies. Where an approved automatic payment method (i.e. credit card or electronic payment, etc.) is used, SURFNET shall automatically debit payments by CUSTOMER using the original payment method specified or until modified by CUSTOMER. When the billing method is by "Statement," SURFNET shall deliver monthly statements via email. Invoices are sent monthly and the terms are Net Thirty days from date of statement.
6. Past Due Payment - CUSTOMER understands that there is a $25.00 service charge for each month of payments made later than 30 days past the due date and an additional $40.00 collection fee for each item charged back to SURFNET (draft/check or charge). CUSTOMER must notify SURFNET at least fifteen working days before the next payment is due if CUSTOMER wishes to change to another method of payment. Accounts that are delinquent may have service disconnected and sent to collection services. If payment is not made in full within 60 days, SURFNET has the right to repossess the CUSTOMER's premise equipment to offset monies owed without liability for damage or trespass. A service charge of $40.00 will be assessed to all Non-Sufficient Funds (NSF) checks as well as an immediate disconnection. A requirement for reinstatement for NSF checks is certified funds for the check and a major credit card to reinstate service and monthly billing.
7. Reconnection fees - Reestablishment of Service fees are $50.00 plus any outstanding balances or fees. After disconnection, a valid credit or debit card will be required to reinstate service.
8. Accounting Cycle - CUSTOMER's accounting cycle begins on the Service commencement date and is then adjusted to the first day of the month. The first day of the month becomes the "Billing Day".
9. Cancellation Policies - You may cancel your Services for any reason at any time by notifying us at the email address or mailing address set forth at the top of this Agreement. Please be aware that certain promotions have an optional or mandatory term commitment period and if you cancel your Services prior to the expiration of an applicable optional or mandatory term commitment period, certain early termination or cancellation fees may apply.
10. Early Termination - In the event the CUSTOMER has signed a multi-month contract and wishes to terminate the agreement before the end of the Contract Term, a charge of $20.00 per month shall apply for each of the remaining months in the Contract, AND any Installation and/or Equipment costs.
11. Amendment - SURFNET reserves the right to change the terms and conditions of this Agreement and/or any collateral agreements referenced herein, including the Acceptable Use Policy and the fee schedule, by notifying CUSTOMER on the SURFNET's Website (linked from home page) or by email at least 30 days in advance of the effective date of the change. Use by CUSTOMER after the effective date constitutes acceptance of the new terms and conditions.
12. Offensive or Illegal Materials - SURFNET does not knowingly post illegal content of any kind. There is, however, no monitoring of material posted to SURFNET's Web sites, FTP sites, or hosted domains by the CUSTOMER. Otherwise, SURFNET exercises no control over the content of materials accessed through the Internet, including through the SURFNET network. Some materials posted by CUSTOMERs or available through the Internet may be offensive to certain groups of individuals.
13. Internet Access - CUSTOMER agrees to comply with Unlimited Data benefit or other limitations on the Services provided by SURFNET. SURFNET reserves the right to take measures to protect its network and its CUSTOMERs from harm, compromised connectivity or degradation in performance. Remedial measures taken may impact the CUSTOMER�s service, and SURFNET reserves the right to deny, modify, reduce, restrict or terminate service, with or without notice, if SURFNET believes CUSTOMER is using the Unlimited Data benefit or other features in a manner that adversely impacts SURFNET�s network or its CUSTOMERs. SURFNET and affiliates may as needed gather information about Internet usage of the CUSTOMER for the purpose of enforcing this agreement. SURFNET may use this information to manage the health and stability of its network. Occasionally, personally identifiable information may be obtained from you and from other sources for billing purposes, which may be used to provide Services, to anticipate and resolve problems with your Service or to identify, create and inform you of products and Services that better meet your needs. SURFNET will never use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect SURFNET's broadband Services and facilities. CUSTOMER accesses materials on the Internet at their own risk. SURFNET may deny CUSTOMER access to all or part of the Services without notice that this Agreement was breached.
14. Acceptable Use Policy - CUSTOMER agrees to be bound by the provisions of SURFNET's Acceptable Use Policy, which is incorporated by reference as if fully set forth herein and in the CUSTOMER Agreement, including all legal obligations arising there under.
15. Limitation of Liability and Indemnification - SURFNET nor it subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer in support of SURFNET Services. CUSTOMER agrees that it is their responsibility to completely backup your computer prior to installation. CUSTOMER further agrees that SURFNET and/or its contractors or affiliates are not responsible for any problems with your computer following the installation of or any subsequent service performed on your computer in support of SURFNET Services.
Neither SURFNET nor its network Services supplier will be liable for unauthorized access to or alteration, theft or destruction of CUSTOMER's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of SURFNET�s or its network service supplier's negligence.
These Services are provided on an "as is" and "as available" basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither SURFNET nor its affiliates warrant that these Services will be uninterrupted or error free or that any information, software or the material accessible on the Services are free of viruses or other harmful components.
SURFNET, its affiliates and its subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature including personal injuries, property damage or loss of business that result in any way from your use or inability to use the Services or to access the Internet or any part thereof, or you reliance on or use of offers, claims, representations, promotions and transactions, information, service or merchandise provided on or through this Internet or the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
CUSTOMER agrees to indemnify, defend and hold SURFNET, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the equipment and/or the Services provided by CUSTOMER or an authorized CUSTOMER of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
These limitations on liability and indemnification provisions inure to the benefit of and apply to: SURFNET, subsidiary and affiliated companies, any successor to SURFNET's business by way of merger, purchase of assets, or operation of law, and any subcontractors performing work on behalf of SURFNET.
16. Content Responsibility - CUSTOMER understands that neither SURFNET nor its network Services supplier is responsible for the content of the transmissions which may pass through the Internet and/or the connectivity Services. CUSTOMER agrees that they will not use the connectivity Services in ways that violate laws, infringe the rights of others, or interfere with other customers, services, or equipment of the network. For example, CUSTOMER shall not distribute unsolicited advertising, chain letters, or commercial electronic mail ("spamming"); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material the Internet; or infringe copyrights, trademarks, or other intellectual property rights. If Illegal activity is detected the CUSTOMER network connection will be immediately disabled.
17. Service Level Agreement � SURFNET builds and maintains a "carrier-class" network. Surfnet will continue to modernize and upgrade to the latest technical advances and highest speeds in network delivery services. Surfnet stands behind its services offering money-back guarantee (less installation charges) if you are not satisfied any time within the first 30 days of service activation. SurfNet's goal is to provide each CUSTOMER access to its network 99.5% of the time. This does not include scheduled maintenance, maintenance window outages or testing time.
18. Disclaimer of Consequential Damages - In no event will SURFNET or its network Services suppliers be liable for any damages, including, but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use Services or products provided hereunder.
19. Export Compliance - CUSTOMER further agrees to comply with U.S. Export Laws concerning the transmission of technical data and other regulated materials via the connectivity Services.
20. IP Addresses - Upon expiration, cancellation or termination of the Agreement, CUSTOMER shall relinquish any IP addresses or address blocks assigned to CUSTOMER by SURFNET or its network services supplier.
21. Survival - This Provision entitled Survival, Provision 10 above entitled Export Compliance and any provision in all SURFNET agreements or policies which references 'Indemnification', 'Limitation of Liability', 'Limitation of Damages,' and 'Warranty Disclaimers' shall survive the termination of the Agreement.
22. Force Majeure - If the performance of any obligation hereunder is interfered with by reason of any circumstances beyond SURFNET's reasonable control including, but not limited to acts of God, lightning, wind, power surges or failures, labor strikes and other labor disturbances, or the act or omission of any third party, shall be excused from such performance to the extent necessary, provided that SURFNET shall use reasonable efforts to remove such causes of non-performance.
23. Complete Agreement and Severability - This Agreement supersedes any other written or oral agreement, and represents the complete understanding between SURFNET and CUSTOMER. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement may be signed, but does NOT have to be signed to be enforced. Proceeding to sign up, either online or by phone, constitutes acceptance of all terms and conditions set forth in this Agreement.
24. Equipment Warranty - Any equipment sold to the CUSTOMER is warranted to the original purchaser for one full year from the date of purchase against defects in material and workmanship. During this period Surfnet Communications will repair or replace, at our discretion, the defective component. This warranty does not apply to improperly handled, or abused equipment, or to any unit which has been repaired or altered by the CUSTOMER. Acts of God, as determined by SURFNET. This warranty does not cover any internal networking hardware, LANs, computers or other peripherals. This 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. Any repair or replacement of the equipment and/or correction of an installation problem following the expiration of this Agreement will be CUSTOMER's responsibility.