NHwisp offers Internet access and related services through its system to its subscribers. NHwisp does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These terms and conditions of sale set forth the basic rules and conditions that apply to the use of NHwisp's services and its system. NHwisp at its sole discretion may change these terms and conditions in the future upon notice published on-line or otherwise provided by NHwisp. By using NHwisp’s services and system, a subscriber agrees to comply with the terms and conditions of sale as published on-line or otherwise available from NHwisp from time to time. If any change to the terms or conditions of sale, NHwisp’s services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.
1. Lawful Use: Customers of NHwisp are expected to observe all lawful regulations of the state of New Hampshire or other governing body which has jurisdiction over the customers location. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the terms of the service agreement. The subscriber and permitted users specifically agrees not to upload, post, or reproduce in any way materials protected by copyright without permission of the copyright owner. Without limiting the foregoing, NHwisp’s services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through NHwisp’s system must comply with the rules for such other networks. NHwisp will co-operate fully with any legal order of search and seizure by an authorized agency regarding use of any account with NHwisp.
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On-line Conduct...Any action by a subscriber or other user of NHwisp’s services or system who in the sole opinion of NHwisp, LLC restricts or inhibits other subscribers or users' use and enjoyment of the NHwisp services and system is strictly prohibited and may result in the immediate termination. Actions such as: the use of vulgar language, committing or discussing with the intention to commit, illegal activities is strictly prohibited. Specifically, NHwisp prohibits the dissemination of pornographic images over its network. Definition of pornography is solely at the discretion of NHwisp. |
2.Changes to Service: The services provided by NHwisp can and will change over time. NHwisp reserves the right to change any service offered or the features of any service offered or its system without notice at any time at it's sole discretion.
3.Usage: Service may not be resold in any way, including, but not limited to, reselling the connection, reselling disk space, reselling web services, or hosting web pages for third parties.
Speed...Many factors determine the speed at which a
dial-up or wireless connection is made. As such, NHwisp does NOT guarantee
the speed at which a customer will connect to the internet. Telephone Charges...NHwisp, LLC assumes no responsibility for any phone charges incurred by our subscribers while accessing or using any of our services. Any disputes regarding phone charges are strictly between the customer and their local phone company or long distance provider. It is customer's responsibility to verify or confirm that NHwisp’s phone number is a local toll-free call for the customer.
Dial-up Usage Restrictions...NHwisp reserves the right to use idle timers which detect when a connection has been idle for greater than a set period of time and then disconnects the user. NHwisp reserves the right to terminate service to anyone who intentionally circumvents the idle time-out mechanism. Flat Rate dialup services (a.k.a. unlimited in the industry and if offered) are based on interactive non-commercial usage of up to 250 hours a month (approx. 8.5 hours a day). Any account goes over 250 hours for 2 consecutive months or 350 hours (approx. 13 hours a day) in a one-month period, might be disconnected at peak hours or be terminated.
Spamming is Prohibited...NHwisp prohibits the mail practice known as 'spamming'. For this purpose 'spamming' has been defined as follows:
NHwisp considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, NHwisp’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender's account and/or access to NHwisp services. In addition, NHwisp reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. Any attempt to circumvent the security mechanisms of our system will be considered an abuse of our service. Any deliberate action, which results in a denial of service to other users of our system, will be considered an abuse of our service. Therefore, NHwisp’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender's account and/or access to NHwisp services. Nothing contained in this policy shall be construed to limit NHwisp’s actions or remedies in any way with respect to any of the foregoing activities. NHwisp reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the NHwisp service, and levying cancellation charges to cover NHwisp’s costs in the event of disconnection of dedicated access for the causes outlined above. |
4.Payment Terms: All fees for NHwisp services are to be paid in advance. Payments not made within 5 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Delinquent accounts will be transferred to our collection agency. Customer is responsible for any and all collection costs.
5.Termination and Suspension: Either
a customer or NHwisp may terminate the service of an account at any time. When a
customer initiates termination, the customer is obligated to make such
notification in writing. This may take the form of an e-mail to billing@nhwisp.com,
the current invoice sent via US Mail with the word CANCEL clearly written on it,
or other letter indicating the cancelation date. It is the responsibilty of the
customer to make sure that the letter is received by NHwisp before their next
payment is due. When termination is initiated by NHwisp, except in the event of
non-payment, NHwisp will send the reason for the termination via US Mail to the
last known address of the account holder. NHwisp may delete all data, files or
other information that is stored in subscriber's account upon termination at
NHwisp's convenience.
6.Software: As a courtesy to
subscribers, NHwisp may accumulate a library of software that is
"freeware" or "shareware". NHwisp is not the author of or
otherwise responsible for any of such software or engaged in the sale or
licensing of such software. NHwisp makes NO warranty of any kind, either
expressed or implied, with respect to freeware or shareware available to
subsribers. NHwisp accepts NO liability of any kind with respect to such
software or any damages resulting from use thereof. Subscriber and any other
user assumes ALL risk of any kind with respect to such software. The user, and
NOT NHwisp, must pay all shareware license fees. No subscriber or permitted user
will assert any claim against NHwisp with respect to any software obtained
through NHwisp.
7.No Warranty: The customer shall hold
NHwisp harmless for any and all damages that may result to the customers
equipment, data or services that result from the use of the NHwisp network.
NHwisp does not warrant that the network will be availible at all times for use
by the customer, nor does NHwisp guarantee that the network will function to a
customers expectations. Use of the Internet is at the customers sole risk. It is
the customers responsibility to protect thier equipment and data from hostile
external sources, such as computer viruses and unauthorized entry.
8.Indemnity: The subscriber agrees to
indemnify and hold harmless NHwisp, its directors, officers, shareholders,
agents, employees and its other subscribers from any and all claims,
liabilities, damages, or expenses, including attorney fees, arising out of or
resulting from any and all use of subscriber's account whether or not
authorized.
9.Non-Transferability: Subscriber's
account and rights to use NHwisp’s services and system is not transferable
without NHwisp’s consent. Subscriber agrees to protect its password and
account and to keep them secure from unauthorized users and use. Use constitutes
1 use per subscription at any subscribed point in time.
10.Confidentiality: Electronic mail and
other transmissions passing over the Internet and through NHwisp’s system are
not confidential. Accordingly, NHwisp does not guarantee the protection or
privacy of any information of any subscriber or permitted user using NHwisp’s
services or system. NHwisp and its agents will not disclose any information
unless required to operate its system or pursuant to a court order, subpoena, or
similar legal request or otherwise on the advice of counsel.
11.Interpretation: These terms and
conditions set forth here supersede all other written and oral communications or
agreements with regard to this subject matter. A waiver or modification of these
terms and conditions shall only be effective if in writing signed by an
authorized officer of NHwisp. These terms and conditions shall be governed by
and interpreted in accordance with the laws of the State of New Hampshire
without regard to choice of law principles.