For the following Terms and Conditions, the Provider, represents Tri-Rivers Internet.
Use of the Provider's services constitutes acceptance of these Terms and Conditions.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
1. Provider Liability
The Provider exercises no control whatsoever over the content of the information origination outside of its systems passing through it. Use of any information obtained via the Provider is at the subscriber's own risk. The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. No warranty is made by the Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the Provider or other services provided by the Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The subscriber agrees to hold harmless The Provider, its officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys' fees, litigation and court costs resulting from the subscriber's use of the Provider services in any manner, whether directly, indirectly or by any act of commission or omission. The forgoing disclaimers of warranty are void where prohibited by law.
2. Subscriber Responsibility
The subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her legal guardian. It shall be the responsibility of the subscriber to keep the Provider informed as to a valid mailing address to which notice can be sent.
Any liability of the Provider, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the Provider for the current month.
The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (i) the subscriber's use of any the Provider services, and (ii) the communication means by which the subscriber connects to the Provider services or any other service provided by the Provider. The Provider may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation for any illegal or unlawful purpose is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property, protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other statute, material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of , communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any national law of any sovereign nation, or of international law, the United States Annotated Code, or of any state or local law, statute, regulation or rule.
The Subscriber agrees to abide by the purpose and acceptable use of the Provider's policy. Use of the Provider's services to access other networks, computers, or services, must comply with the policies of these entities.
3. Non-Transferable
The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.
4. Billing
Unless otherwise arranged, all invoicing is executed electronically. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 10 days after the date of the invoice. If the subscriber's payment is returned to us unpaid the subscriber is immediately in default and subject to a returned check charge of $25. Accounts determined to be in default will have their service suspended. Such interruption does not relieve the subscriber from the obligation to pay the monthly account charge. Accounts in default are subject to a re-connection charge of $10 plus all past due balances. If the subscriber defaults, the subscriber agrees to pay the Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. In the matter of early cancellation of prepaid accounts, any refund due will be calculated at the end of the billing period following the customer's last useage. Said refund to be determined by calculating the rate of normal Monthly service multiplied by the actual Term of Service in Months, this to be subtracted from the customer's original payment. The remainder to be refunded to the customer, within 30 days, at the customer's last known address.
5. Termination, Suspension, or Cancellation of Accounts with Due Cause
Only a written request to terminate the subscriber's service relieves the subscriber of the obligation to pay the monthly account charge. Accounts that have been suspended for 90 days will be deleted. The Provider shall have the right to suspend service to the subscriber at any time, without notice. If such a suspension is to last for more than 15 days, the subscriber will be notified as to the reason.
6. Session limits
Although our services have no hourly limits, we reserve the right to impose session limits on a per user basis. This does not preclude the subscriber from re-connecting immediately and continuing his/her session.
7. Changes of These Terms
The Provider reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying the subscriber 30 days in advance of the effective date of the change. The Provider reserves the right to amend the Rules and Regulations from time to time and any such amendments shall become effective upon promulgation. The subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Rules and Regulations, to terminate the Contract, by giving written notice and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Rules and Regulations.
Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated. Upon termination of the account, the Provider has the right to delete all data, files or other information owned by the subscriber. The Subscriber may terminate the subscription by notifying the Provider in writing.