TERMS AND CONDITIONS
Sabine Web Services LLC agrees to furnish personal communication equipment and services to the Subscriber, subject to the following terms and conditions.
1. All provisions of this contract are subject to the terms and conditions of the Company’s Acceptable Use Policy (AUP). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or nonpayment.
2. Disclosure to law enforcement. The AUP specifically prohibits the use of our service for illegal activities. Therefore the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc., to any law enforcement agent who presents a court order for such information without further consent or notification from Subscriber.
3. Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
4. Establishment of this service is dependant upon receipt by the Company of payment of stated charges. Subsequent payments are due on the FIRST OF THE MONTH and PUT ON HOLD at the close of business on the 14th of the month. Invoices and/or Statements are sent as a courtesy and failure to receive such does not relieve you of timely payment responsibility. Accounts placed on hold for nonpayment are subject to a $5 reconnect fee.
5. The Company may temporarily deny service or terminate this agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
6. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICE PROVIDED IS OF SUCH A NATURE THAT SERVICE CAN BE INTERRUPTED FOR MANY REASONS OTHER THAN THE NEGLIGENCE OF THE COMPANY AND THAT DAMAGES RESULTING FROM ANY INTERRUPTION OF SERVICES ARE DIFFICULT TO ASCERTAIN. THEREFORE, SUBSCRIBER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SUCH CAUSES BEYOND THE DIRECT AND EXCLUSIVE CONTROL OF THE COMPANY. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THE COMPANY’S LIABILITY FOR ITS NEGLIGENCE MAY NOT IN ANY EVENT EXCEED THE ACTUAL LOSS SUFFERED BY SUBSCRIBER, OR ANY AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER FOR SERVICES DURING THE PERIOD DAMAGES OCCURRED, WHICHEVER IS LESS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY.
7. A waiver by the Company of any breach of any provision of this agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach or any other provision thereof.
8. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber.
9. This Agreement shall be construed in all respects in accordance with the laws of the state Texas, County of Sabine applicable to contracts enforceable in that state. Venue will be Sabine County, Texas.
10. Checks returned for non-sufficient funds are subject to a $35 NSF charge and may be subject to a $35 fee for handling/collection.
11. Subscriber specifically grants Company a security interest in all equipment purchased herein until charges related to this contract have been paid.
12. Company reserves right to cancel customers rights under this contract at any time without further obligation.
13. All users MUST adhere to the rules set out for their Account type. Example: a dial-up account is NOT A DEDICATED ACCOUNT!!! A dial-up account is an "interactive" account and should be used to dial up, surf the Web, use email and then disconnect when finished. Interactive means that you must be at your CPU, actively using the Internet. "Keep alive" programs are SPECIFICALLY PROHIBITED. Users that insist on tying up an Internet connection that they are not actively using, will be required to purchase a dedicated account or will be terminated. (This does not apply to broadband accounts)
14. All payments to Sabine WEb Services LLC are Non-refundable.
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