TERMS AND CONDITIONS
WHEREAS, Connecting Point (CPTNET, or the Service) agrees to use its best efforts to provide uninterrupted Internet access and related services to You (or User), subject to your compliance with the terms and conditions below. 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.
A copy of this Agreement is always maintained at the Connecting Point Web Home Page.
Use of Connecting Point and the Internet
CPTNET is a supplier of Internet access and related services. At all times, CPTNET will use its best efforts to provide uninterrupted Internet access and web presence on the Internet.
Except for products or services clearly identified as being supplied by CPTNET, neither CPTNET nor any of its affiliates operates or controls any information, products or services on the Internet in any way, and that, except for such CPTNET identified information, products or services, all merchandise, products or services offered or made available or accessible through CPTNET or on the Internet generally, are offered or made available or accessible by third parties who are not part of CPTNET or its affiliates.
Risk of loss from or use of the service and of the Internet generally. Neither CPTNET nor any of its affiliates make any warranties, express or implied, with regard to any merchandise, information, or service provided through CPTNET or on the Internet generally, and CPTNET shall not be liable for any costs or damages arising either directly or indirectly from any such transaction. It is solely Your responsibility to evaluate and determine the accuracy, completeness, and usefulness of all advice, opinions, services and other information, and of the quality and merchantability of all merchandise provided through the service or on the Internet generally.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNCENSORED AND UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. CPTNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Service by CPTNET is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Neither CPTNET nor its affiliates warrants that service will be uninterrupted or error free, or that any information, software or other material made accessible by CPTNET, or on the Internet generally, is free of viruses, worms, Trojan horses or other harmful components.
Under no circumstances shall CPTNET, its affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use or inability to use the service or to access the Internet or any part thereof.
You rely on or use of information, services or merchandise provided on or through the service, that may result in or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure in performance at your own risk..
If you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of CPTNET, your sole and exclusive remedy is to discontinue using the service.
Service hours
Service will normally be available seven (7) days a week, twenty-four (24) hours per day; excluding scheduled maintenance as designated from time to time by CPTNET in its sole discretion. CPTNET will use its best efforts to notify Users in advance of all scheduled maintenance or down time through network messaging. Customer acknowledges that sometimes failures are beyond the control of CPTNET, including, but not limited to: acts of God, war; acts of the government; fires; floods; epidemics; quarantine restrictions; strikes; labor disputes or work stoppages; freight embargoes, Force Major, telephone service interruptions or software or hardware equipment failures, other unforeseen events, and CPTNET shall not be liable for any damages User may sustain as a result thereof. CPTNET will do everything within its control to minimize any CPTNET system down-time.
All accounts are designed for a single user access to the Internet and may not be used to connect more than one computer at a time to the Internet. This would include connecting a network of computers to the Internet via a proxy server. Connecting multiple computers at one time via a proxy server requires the purchase of a dedicated line.
Each account may use a single incoming phone line. Users may not use a single account to utilize more than one of Connecting Points phone lines at a one time.
User conduct on the Service
Free speech and the right of privacy does not include the following conduct, and while using the Service you may not:
CPTNET has no obligation to monitor the Service. However, you agree that CPTNET has the right to monitor the Service electronically from time to time and disclose any information necessary to satisfy any law, regulation, ordnance, legal governmental request, to operate the Service properly, or to protect itself or its users. CPTNET will not intentionally monitor or disclose any private electronic mail message unless required to do so by law.
CPTNET reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion are unacceptable, undesirable, or in violation of this agreement as determined by the CPTNET management or legal advisors.
Making purchases on the Service
If you wish to make purchases on the Service, you may be asked to by the merchant, or information or service provider from whom you are making the purchase for certain information, including credit card or other payment mechanism information. You agree that all information you provide to any merchant, or information or service provider will be accurate, complete, and current. The merchants, and information or service providers offering merchandise, information, or services on the Service, and the Internet in general, set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account by credit card or other payment mechanism at the prices in effect when such charges are incurred.
Failure to comply with Terms and Conditions
CPTNET may deny you access to all or part of the Service without notice if you engage in any conduct or activities that the legal advisors to CPTNET in their sole discretion believe violates any of the terms and conditions contained in this agreement. If CPTNET denies you access to the Service because of such violation, you shall have no right (1) to access through CPTNET any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, (3) to access third-party services, merchandise or information on the Internet through CPTNET, and CPTNET shall have no responsibility thereof to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from lack of notification.
YOU agree to hold harmless, indemnify and defend CPTNET, their officers, directors, employees, agents, successors, assigns and any affiliated companies and their officers, directors, employees, agents, successors and assigns against any and all losses, liabilities, damages, claims, demands and expenses (including and without limitation, reasonable attorney's fees and court costs), related to any violation of this agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account, any situation resulting from malfunctioning equipment, or the decisions of personnel assigned to monitor, operate, repair or install any equipment or service associated the use of the service whether based on contract or in tort. In no event does CPTNET or its suppliers assume any responsibility or liability for acts that may be committed by persons subject to or using the system or services. CPTNET and its suppliers of the system provided or sold hereunder shall not be liable to anyone for damages of any kind, including but not limited to, any indirect, special, consequential or incidental damages arising out of the use of the system or the provision of services, even if such damages were foreseeable or if CPTNET had advance notice of the possibility of such damages. CPTNET’S liability for defects or failures in the system is limited to repair or replacement of thereof, as appropriate. The system is not impervious to tampering or misuse. Its use or is left solely to the CUSTOMER’S discretion. CUSTOMER assumes full responsibility for the actions of people using their account.
Customer billing and collection information
User agrees to receive any monthly invoice for services rendered by CPTNET electronically at their electronic (e-mail) address unless CPTNET is notified otherwise by User.*
* There is a slight additional charge for paper invoicing.
User agrees to pay any and all undisputed charges promptly upon receipt of invoice even if User disputes any other charges. All disputes as to charges must be made within ten (10) days of invoice receipt and in writing to Connecting Point at 928-A East Main St., Farmington, N.M. 87401, with all disputed charges detailed. Connecting Point will investigate these charges to determine their accuracy.
USER UNDERSTANDS that CPTNET maintains a Price sheet on the Connecting Point Home Web Page at the URL www.Cptnet.com. It is users responsibility to be familiar at all times with the CPTNET current pricing schedule, and that CPTNET retains the right to change their rates at any time, but will post notice at least thirty (30) days in advance of any changes to the CPTNET pricing schedule. User also understands that by User accessing the CPTNET system, user is agreeing to pay all charges based on the current CPTNET Price sheet. If User does not agree to the current CPTNET fee schedule, User must immediately discontinue use of the CPTNET system.
All User Dial-up account, Dedicated line account, and Web Page maintenance account charges are due and billed for basic service on the tenth day of the month for the current month, or, if applicable, upon the date of new subscription for the current month. If less than five (5) calendar days remain in the current month upon new subscription to the Service, Users account will be charged the first day of the following month. Additional billable hourly charges from the current month will appear on the following months invoice and are due and payable then. All User accounts whose payment mechanism is by credit card or checking debit card will have their charges submitted automatically to their credit card provider or bank on the first day of each month. Charges for other than month-to-month Internet access service are due within five (5) days upon receipt of invoice. User acknowledges that Service may be suspended if receipt of payment is not received by CPTNET within fifteen (15) days of date of invoice, and that there will be an account re-activation fee charged as provided for in the CPTNET current schedule of fees to re-activate a suspended account. Also, all account balances over thirty (30) days old will be deemed delinquent, and assessed interest at the rate allowable by law. In Addition, all Users whose accounts are subject to collection efforts will be charged the amount owed then doubled as well as all reasonable and necessary collection costs, including, but not limited to, reasonable attorneys fees and court costs.
Many people have concerns about privacy on the Internet and for good reason. CPTNET keeps a log of who dialed in to CPTNET and how long they were connected. This is used strictly for billing purposes. CPTNET does not routinely keep a log of which IP addresses or host names anyone connects to but we do reserve the right to do so in the process of investigating system malfunctions, resource abuse, illegal activities, or user agreement violations. CPTNET has always had the policy of not disclosing any subscriber information to third parties. In the unlikely event that this policy changes, demographic and personal data provided to CPTNET by our customers will not be distributed, sold, or given to any other organization without prior notification of the affected individuals.
Right to Privacy on CPTNET's Systems
CPTNET considers user-produced data stored on its servers or crossing its network to be the property of the customer who created it. The degree to which this content is made public is under the sole discretion of the creator. Contents of this data will not be reviewed, edited, archived without notice, replicated or otherwise investigated or altered in the normal course of business. CPTNET reserves the right to do so in the process of investigating system malfunction, resource abuse, illegal activities, or user agreement violations.
Electronic mail is a private electronic message sent by or to a customer in correspondence with another person having Internet mail access. Contents of this e-mail will not be reviewed, edited, archived without notice, replicated or otherwise investigated or altered in the normal course of business. CPTNET reserves the right to cooperate fully with local, state, or federal officials in any investigation concerning or relating to any Mail transmitted on or through our servers, although of course we require proper legal documentation (ie, a subpoena) before doing so.
Miscellaneous
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.
Connecting Points failure to insist upon strict performance of any provision of this Agreement shall not constitute a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any portion of this Agreement.
As it pertains to the unlimited attended access accounts, unlimited attended assess is defined as the customer having unlimited attended access time as long as there is key board activity on the part of the customer. Staying connected to CPTNET continuously with out continues key board activity is defined as dedicated access and is charged at a higher rate. If customer wants dedicated access, please contact CPTNET for pricing information.
CPTNET may modify this Agreement from time to time by placing a notice of such modification in the "CPTNET Information Area" accessed from the CPTNET "Main Menu", and your continued use of Service thereafter shall be deemed to constitute acceptance of any such modification. IT IS YOUR RESPONSIBILITY TO CHECK THE "CPTNET INFORMATION AREA" REGULARLY TO DETERMINE IF THIS AGREEMENT HAS BEEN MODIFIED. If You do not agree with any modification of this agreement, you must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of laws provisions. Any cause of action you 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 forever barred.
This Agreement constitutes the entire Agreement between User/Customer and CPTNET, and supersedes any prior or contemporaneous oral or written agreements……..
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