This agreement represents the complete agreement
and understanding between account holder and an
Auburn Internet, an IntervistaNetworking Co. its
affiliates and owners, and the account holder
hereinafter called User) and supersedes any other
written or oral agreement. Auburn Internet, an
IntervistaNetworking Co. may modify these terms and
conditions, amplify them, and/or modify the prices,
as well as discontinue or change services offered.
If you do not agree to these terms and conditions,
please notify our Customer Service Department at
1-800-939-3983 during normal office hours so we can
terminate your account. Failure to notify Auburn
Internet, an IntervistaNetworking Co. shall
constitute your approval.
1. All individuals accessing Auburn Internet, an
IntervistaNetworking Co. represent to Auburn
Internet, an IntervistaNetworking Co. that they are
18 years of age or older. Certain material available
on the Internet through Auburn Internet, an
IntervistaNetworking Co. might not be suitable for
individuals under the age of 18. The right to use
Auburn Internet, an IntervistaNetworking Co. is not
transferable. Accounts are for your use only. User
is responsible for the confidentiality of user's
passwords.
2. User understands further that the Internet
contains materials that might be offensive. Auburn
Internet, an IntervistaNetworking Co. has no control
over, and accepts no responsibility whatsoever for
Internet content.
3. Auburn Internet, an IntervistaNetworking Co.
reserves the right to monitor any User's
transmissions when deemed necessary for providing
proper service and/or to protect the rights and
property of the Company. We will not disclose any
information about any User unless required by court
order, subpoena or other legal request, or upon the
advice of counsel.
4. The Internet is a public resource and
information passing through it is publicly
accessible. Use of any information obtained via
Auburn Internet, an IntervistaNetworking Co. is at
your own risk. Auburn Internet, an
IntervistaNetworking Co. does not warrant that the
service will be uninterrupted or error free.
5. User agrees to indemnify and hold without harm
Auburn Internet, an IntervistaNetworking Co., its
officers, employees, agents, directors, shareholders
and other Users from any and all claims, damages,
expenses (including attorney's fees) and liabilities
resultant from any and all use of the User's account
whether authorized or not authorized.
6. Auburn Internet, an IntervistaNetworking Co.
Internet connections and all other services provided
to the user by Auburn Internet, an
IntervistaNetworking Co. may only be used for lawful
purposes. Transmission or storage of any
information, data, or material in violation of any
U.S. or state regulation or law is prohibited. This
includes but is not limited to copyrighted material
legally judged to be threatening or obscene, or
material(s) protected by trade secret.
7. Dial-up flat-rate accounts are not intended to
provide a continuous dedicated link. Such use is
prohibited. Users may not host a web, mail, chat, or
any other type of server from a Dial-up flat-rate
account, nor are users allowed to use any device
such as a proxy server or software application to
create a continuous connection to the internet. If
users choose to have their e-mail program check for
mail periodically, it is the users responsibility
that once the mail has been downloaded, that the
connection is dropped. Dedicated accounts are
available and allow for 24 hour per day and/or 7 day
per week connectivity. Please visit our website or
call our office for current pricing.
8. Auburn Internet, an IntervistaNetworking Co.
will not be responsible for any telephone charges
incurred by the customer, whatsoever, including long
distance or toll charges the customer may incur.
Customer is solely responsible for determining which
dial-up numbers are within the customer's local
calling area, and for using the proper dial-up
numbers when accessing Auburn Internet, an
IntervistaNetworking Co..
9. PAYMENT TERMS:
. Credit Card customers agree to allow Auburn
Internet, an IntervistaNetworking Co. to bill such
card on each successive billing date without
obtaining the user's permission after the initial
charge. Credit Card customers shall notify Auburn
Internet, an IntervistaNetworking Co. of any changes
in Credit Card Number or expiration date. If the
card is not honored for any reason Auburn Internet,
an IntervistaNetworking Co. will attempt to charge
the card for three (3) days. If the card is still
not honored on the third day the Users' account will
be suspended for seven (7) days pending payment. If
no payment has been received within seven (7) days
of deactivating the account, the account will be
terminated. Re-establishment of the account will be
subject to a re-connection fee.
. If payment is by check, payment due dates are
indicated on your invoice. Dishonored checks are
subject to a collection fee and your account may be
suspended until the account is current. If payment
is not received within 10 days past the due date,
service will be suspended. A re-connection fee of
$9.95 will be added to charges for further services.
. Auburn Internet, an IntervistaNetworking Co.
has the right to instantly terminate service for any
unpaid or partial paid subscriptions. Accounts past
due are subject to an interest charge of 1.5% per
month on the outstanding balance. Termination of
service shall not relieve the user from the
obligation to satisfy outstanding invoices. In the
event Auburn Internet, an IntervistaNetworking Co.
utilizes an attorney to collect such sums, the user
shall be responsible for the payment of all of
Auburn Internet, an IntervistaNetworking Co.
attorneys' fees and costs in pursuing the collection
of these sums.
. The User must notify Auburn Internet, an
IntervistaNetworking Co. 30 days in advance and
receive written confirmation from Auburn Internet,
an IntervistaNetworking Co. to cancel service. Fees
for any setup and prepaid service are not refundable
unless the User is unsuccessful in using the account
within 15 days of establishing service.
. Auburn Internet, an IntervistaNetworking Co.
reserves the right to cancel service for any reason
without prior notice.
. In addition to any price for services, User
shall be responsible for the gross amount of any
present or future federal, state, municipal or other
government sales, use, excise, value added or other
similar taxes applicable to the price, sales or
delivery of any services furnished here under or to
their use by User.
10. The law that applies to these Terms and
Conditions is the law of the state of California. In
the event that any portion of these Terms and
Conditions 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, and all provisions of these
Terms and Conditions which operate to protect the
rights of Auburn Internet, an IntervistaNetworking
Co. shall continue in force even in the event of
termination of these Terms and Conditions on other
grounds. Auburn Internet, an IntervistaNetworking
Co.'s failure to insist upon or enforce strict
performance of these Terms and Conditions shall not
be construed as a waiver of any provision or right.
Neither the course of conduct between parties nor
trade practice shall act to modify any provision of
these Terms and Conditions.