Terms of Service
Subscribers agree to comply with the following terms and conditions as part of the consideration for receiving The Company’ s internet services:
- Definitions.
TierOne Converged Networks, Inc. 350 North St. Paul Street Suite 2650, Dallas, Texas 75201 shall mean “ The Company” . “ Subscriber” refers to an individual, corporation or legal entity which, or whom, becomes bound by Terms of Service as a result of purchasing any Service from the Company. - Price.
A. General. The Subscriber shall pay to the Company the charges associated with the rate plan selected including, without limitation, deposits, set-up fees, equipment purchase and/ or rentals, service charges, etc., all as set forth on the pricing info page.
B. Changes. All charges are subject to change at Company’s discretion at the start of any new billing cycle.
C. Payment. Invoices are sent via e-mail. Additional surcharges may apply if customer requests invoice delivery other than by e-mail, except on business class accounts. Payment of any and all charges is due on the first day of the service period. All periods of service shall begin on the monthly anniversary of your installation. Accounts more than 15 (fifteen) days overdue may be temporarily suspended until full payment is received. A $35.00 reconnect fee will be assessed on all suspended accounts. Returned checks will be charged a fee of $25.00. Monthly Service is not prorated.
D. Residential customers using more than 100 Gigabytes per 30 day billing will be charged $10 for each 25 Gigabytes in excess of 100 Gigabytes for that billing cycle. - Term and Termination.
This agreement commences upon activation of service by the Company until cancellation of Service and retrieval of Company equipment. Subscriber may cancel service at any
time. The Company shall have the right to suspend or terminate this agreement at any time without prior notice to subscriber. The Subscriber also agrees that the Company has
the right to delete all data, files or other information stored on the Company’s hardware, if the Subscriber’s account with the Company is terminated, for any reason, by either the
Company or the Subscriber. - Indemnification.
Subscriber and User shall indemnify and hold harmless, the Company, its agents, representatives, associates and employees from and against any loss, cost, claim, liability,
damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the service by Subscriber, User, or any of their personnel,
whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, an invasion of privacy,
infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service with the products or services of others), negligence,
breach of security, or tortious behavior. Subscriber agrees to indemnify the Company along with any parties from whom the Company obtains network services, and to hold
them harmless from any claims resulting from the use of the service by Subscriber or its users that damage another party or that violates the law. - Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY
(“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR USE.
THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS,
AGENTS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR SECURE. THAT THE SERVICES WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SUBSCRIBERS USE OF THIS
SYSTEM IS SOLELY AT ONE’ S OWN RISK. - Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY
FAILURE OF EQUIPMENT, FAILURE OF COMMUNICATIONS, POWER
OUTAGES, OR OTHER INTERRUPTION, NOR SHALL COMPANY BE
LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY
SUBSCRIBER’S OR ITS USERS’ EQUIPMENT. SUBSCRIBER AND USER HEREBY
RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT
ACCESSED VIA THE SERVICE. COMPANY’S PERFORMANCE UNDER THIS
AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES,
GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR
OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL. COMPANY SHALL NOT BE LIABLE IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF
SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE
OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL
COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR ACTUAL PROVEN DAMAGES
FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY
FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING
NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO
CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR
THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY
MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS
OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS
WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE
WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED
BY LAW. - Use of Service.
Company reserves the right to restrict or deny service to Subscribers who, knowingly or
unknowingly, do not comply with the terms of this agreement.
A. Subscriber shall insure that its users shall comply with the terms and conditions of this
agreement.
B. Subscriber and its users shall not use or permit its end users to use the services in
ways that violate laws, infringe the rights of others, interfere with users of our service
or other service networks. Subscriber is responsible for the knowledge of and adherence
to any and all laws, statutes and regulations pertaining to or in any way connected with
the services provided by the Company and all use of any information, data, material or
service in violation of any such law, etc., is strictly prohibited.
C. By posting information in or otherwise using any communications service, instant
messaging service, chat room, message board, news group, software library, or other
interactive service that may be available to you on or through this site, you agree that you
will not upload, post, or otherwise distribute or facilitate distribution of any content –
including text, communications, software, images, sounds, data, or other information –
that:
i. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or group
of individuals), or otherwise violates Company’s rules or policies;
ii. Victimizes, harasses, degrades, or intimidates an individual or group of
Individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
iii. Infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
iv. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as “spamming”), chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling.
v. Contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or other information of any third party; or
vi. Impersonates any person or entity, including any employee or representative
of the Company. You further agree that you will not knowingly solicit or collect
personal information from a minor without appropriate prior verifiable parental
consent. Company generally does not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message boards, news
groups, software libraries, or other interactive services that may be available on
or through this site. However, Company and its agents have the right at their sole
discretion to remove any content that, in Company’s judgment, does not comply
with these rules or is otherwise harmful, objectionable, or inaccurate. Company is
not responsible for any failure or delay in removing such content.
D. Subscribers rights herein granted, cannot be transferred, assigned, shared, sold, or
used by anyone other than the Subscriber. Not more than one connection to the services
provided by Company can be used at any time by the Subscriber on any system account.
E. Subscriber and/or users shall not establish Internet servers of any kind, including
without limitation, Web, E-Mail, games, FTP, file sharing or the like, without prior
written authorization and pricing agreement from the Company. - Broadband Availability.
Company reserves the right to establish and enforce usage limits thereby limiting the
speed of uploads and downloads of any kind and in any protocols, including without
limitation, file downloads (FTPs), Web browsing, file sharing, etc., from time to time,
for any or all system accounts. Company reserves the right to restrict or deny service to
Subscribers due to network abuse, virus propagation, hacking, cracking, spamming or
any other activity that is deemed by the Company to compromise the health and stability
of the Company’s service, without limitation. - Service Calls.
Subscriber is responsible for the entire cost of service calls including labor, trip charges,
materials and equipment for all failures including without limitation, acts of God, weather
phenomena, abuse, failure of Subscriber’s equipment, etc. - Disputes.
In the event the Company is required to engage the services of an attorney because
of a breach by the Subscriber of any of the terms herein contained or arising out of
the Subscriber’s use of the services provided by the Company in any other manner,
the Subscriber agrees to pay all of the Company’s reasonable attorneys fees and court
costs. Upon breach of this Agreement, all of subscribers’ rights and privileges shall be
immediately terminated and upon any such termination for breach of the provisions of
this Agreement, or the breach of any applicable law or statute governing the use of the
services provided; all Subscriber fees shall be forfeited as liquidated damages to the
Company. In the event of litigation both parties agree that the law of Texas shall apply and both parties consent to the jurisdiction of the courts of Dallas County, Texas. Both
parties expressly waive a jury trial. - Content.
The Company shall have the sole right to decide what information (Web Page content,
etc.) can or cannot be uploaded onto, or reside upon, the Company’s system and the
Company has the right to delete all such information data, or files that it decides cannot
reside on the Company’s hardware for any, or no, reason. - Amendments.
The Company reserves the right to amend these terms from time to time without notice,
in its sole discretion, and any such amendments shall become effective immediately,
subject to the terms of this agreement. - Age Restriction.
The Subscriber certifies that he or she is at least 18 years of age or that a parent
or guardian has given their express consent. The parent or guardian acknowledges
responsibility for the minor’s actions. - Equipment. Company installed equipment shall remain the property of The Company. Customer agrees to reasonably assist with the repossession of all Company equipment upon cancelation of Service.
- Entire Agreement.
This Agreement represents the complete understanding between the parties as to
the subject matter hereof, and supersedes all prior written or oral negotiations,
representations, guaranties, warranties, promises, orders, statements or agreements
between the parties or any statement or representation made or furnished by any other
person representing or purporting to represent either party.
Refer a Commercial Account
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