This is a legal agreement between you and Innovative Communications, Inc. ("Innova.Net") for the use of the Innova.Net Internet Services. If you do not agree to the terms and conditions in this Agreement, do not register for or use the Service. By completing the registration and using the Service, you signify your agreement with the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, please return the client hardware, software and all associated materials to Innova.Net.
Innova.Net Internet Service including any Equipment and Software used in conjunction therewith, are referred to collectively herein as the "Service". The Service consists of Internet Protocol ("IP") connectivity to the Innova.Net Internet Service online gateway, as well as access or connectivity to any of the information sources or services which may be provided by Innova.Net or be available from other service providers participating in or connected to Innova.Net's Service. Some of these additional services may be provided without charge to users of Innova.Net's Service, but separate charges may be applicable to some of these other services. These charges may appear on your bill from Innova.Net, or they may be billed to you separately by the providers of such services. Some other providers may also have additional registration or eligibility requirements in order to use their services. By posting updated versions of this Agreement on the Service, Innova.Net may modify the terms of this Agreement or prices for the Service, and may discontinue or revise any or all other aspects of the Service in its sole discretion and without prior notice. All such changes shall become effective upon posting of the revised Agreement on the Service, as to Service used by you after the date of such changes. INNOVA.NET MAY MODIFY THE SERVICE AT ANY TIME WITH OR WITHOUT NOTICE, IF IN ITS SOLE DISCRETION A CHANGE IS DEEMED NECESSARY TO PROTECT THE SECURITY OF THE SERVICE. The updated, online version of this Agreement shall supersede any prior paper electronic copies of this Agreement that may have been included in any software or related materials provided by Innova.Net.
DSLInnova.Net's high-speed Internet access service is known as Innova.Net DSL Basic, DSL Hi-Speed or DSL Ultra Internet Service. Innova.Net DSL Service is a best efforts service. The actual speed experienced by customers may vary and depends on several factors including customer location, Internet destination, Internet traffic, interference on the customer's telephone line, etc. No minimum level of speed is guaranteed. Certain Innova.Net Business DSL services do have minimum speeds.
Dial-UpInnova.Net's Dial-up Internet access service is known as Innova.Net Gold, or Platinum Dial-Up Internet Service. The customer is responsible for and must provide all telephone and other equipment and services necessary to access the Service. In addition, you also understand that you are responsible for determining whether an Innova.net dial-up access number is within your local calling area. You are responsible for any long distance charges you may incur when connecting to Innova.NET The customer is responsible for all use of the Service assessed through your or your designated users' logins and/or passwords. Innova.Net Gold Dial-Up Service is basic internet connectivity via analog telephone lines. Gold service comes with free customer support for the first 30 days from signup for the service. After the 30 day time has elapsed, customer support is available for on a pay per call basis. Pricing for this service is published on the web site www.innova.net. Innova.Net Platinum Dial-Up Service is internet connectivity via analog telephone lines with communications accelerator technology. This acceleration technology speeds up the download of Internet WEB pages and graphics. It does not speed up file downloads. Platinum service comes with free customer support for the duration of the service. Pricing for this service is published on the web site www.innova.net. The actual speed experienced by customers may vary and depends on several factors including customer location, Internet destination, Internet traffic, interference on the customer's telephone line, etc. No minimum level of speed is guaranteed.
This Agreement for the use of the Service will be in effect from the date your completed registration is accepted by Innova.Net. This Agreement and your use of the Service may be terminated by either you or Innova.Net at any time by written notice to the other or by Innova.Net at any time with or without notice.
Business and Residential DSL subscribers are bound to this agreement for a period of 12 months. Termination of DSL services prior to the 12 month period will result in an early termination penalty of $95. Business and Residential T-1 subscribers are bound to this agreement for a period of 12 months or as otherwise specified in their individual agreement. Termination of T-1 services prior to contract expiration will result in an early termination penalty equal to 4 month of service.
The rates and charges for the Service shall be as set forth in your registration package or otherwise in accordance with your Innova.Net price plan schedule, a copy of which will be available online on the Service or otherwise shall be provided to you upon request. In order to view your current price plan, please go to www.innova.net.
Rates and charges, and other terms and conditions of the Service, are subject to change by Innova.Net from time to time by notice to you provided on the Service or otherwise. You will be invoiced monthly for usage of the Service and for any other services utilized by you or other users of your account which are billed for by Innova.Net in connection with the Service (including any applicable taxes), either directly by Innova.Net or through your designated credit card company.
If Innova.Net does not receive your payment before the next billing date, you shall pay to Innova.Net a late payment charge and/or an interest charge of 1.5%, or the highest amount allowed by law, on all charges due and unpaid. Acceptance of late or partial payments (even if marked "Paid In Full") and/or late payment charges shall not waive any of Innova.Net's rights to collect the full amount due under this Agreement. You waive any objection if you fail to provide Innova.Net written notice of the objection within 30 days of receipt of bill. If you choose to pay by credit card, the terms of the applicable credit card agreement will apply and any late payment/interest charges will be computed in accordance with your credit card agreement.
If an account goes over 45 days with non-payment, it will be suspended. To reactivate the account will require full payment if all amounts due and a reactivation fee as per the following table:
| SERVICE FEE | |
|---|---|
| Platinum Dial-up | $20.00 |
| Residential DSL | $45.00 |
| Business DSL | $75.00 |
| Business T1 | $150.00 |
You agree that you will be the only user of your account ID and password and that you will not transfer or disclose either your account ID or password to any other person (except that you may at your own risk and on your own responsibility permit other members of your family or business associates to access the Service using your account ID and password), and that you will be responsible for all usage of the Service and any other services accessed through the Service on your account whether or not authorized by you. You agree to pay the applicable fees as set forth in your billing statement by the due date, and to pay any interest or late fees incurred for late payment of the required fees. You agree not to transmit or publish on or over the Service any information, software or other content, which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You acknowledge that you are aware that certain content, services or locations of the Service or of other parties that may be accessible through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by any minors whom you permit to use the Service.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER INNOVA.NET NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES INNOVA.NET OR ANY OF ITS SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER INNOVA.NET NOR ANY OF ITS SERVICE PROVIDERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD INNOVA.NET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM INNOVA.NET MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE).
Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for Innova.Net to use commercially reasonable efforts to adjust or repair of the Service and, in the event such downtime exceeds twenty-four consecutive hours, to receive a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail in their essential purpose, you expressly agree that under no circumstances shall Innova.Net's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the six-month period preceding the date such claim first arose.
You shall indemnify and hold harmless Innova.Net and any of its service providers, licensors, employees or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
The Innova.Net company names and logos and all related product and service names, design marks and slogans are the property of Innova.Net. You are not authorized to use any Innova.Net name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Innova.Net.
Any feedback, information, answers, questions, comments, suggestions, ideas or the like, which you send to Innova.Net will be treated as being non-confidential and nonproprietary. Innova.Net assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. Innova.Net will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. Innova.Net may also use your status as a subscriber to the Service for the purpose of marketing to you other Innova.Net products and services.
All product and service marks contained on or associated with the Service that are not Innova.Net marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Innova.Net's endorsement, sponsorship or recommendation of the third party, information, product or service.
If any Internet browser or other software has been provided to you for use with the Service, you agree to be bound by and to comply with the terms and conditions of the separate software license, which is applicable to and was provided to you along with such software.
Innova.Net may make personal WebPages available as an optional feature of its Innova.Net Internet Service. If you subscribe to such feature the following provisions of this Section shall apply (in addition to the other provisions of this Agreement): Innova.Net may provide a listing/link to users' personal WebPages on its Innova.Net Internet Service or other mechanisms. By subscribing to the personal Webpage feature, you authorize and grant Innova.Net the right to use your name, Website address and similar information in such listing or directory sites or applications. You may use the complete address (URL) granted to you as part of the personal Webpage feature (which may have names or marks of Innova.Net embedded therein) so long as you are obtaining the personal Webpage feature from Innova.Net hereunder, but only for the purpose of identifying the location of your personal Website on Innova.Net's Service. Otherwise, you shall not utilize the name or any marks of Innova.Net or any of its affiliates in any press releases, promotional materials or other commercial manner without the express prior written approval of Innova.Net in each instance.
Ownership of all graphics, text or other information or content materials supplied or furnished by you for incorporation into or delivery through your personal Website shall remain with you (or the party which supplied such materials to you). Ownership of any software developed or modified by Innova.Net and all graphics, text or other information or content materials supplied or furnished by Innova.Net for incorporation into your personal Website, shall remain with Innova.Net (or the party which supplied such materials to Innova.Net), and may be used only while you are obtaining the personal Webpage feature from Innova.Net. The domain name and address (URL) granted to you for use with the personal Webpage feature shall remain the property of Innova.Net, shall be used by you only so long as you are obtaining the personal Webpage feature from Innova.Net hereunder, and may be subject to change by Innova.Net or other applicable Internet domain name registry or granting authority from time to time. Innova.Net reserves the right to approve the subscriber Uniform Resource Locator (URL's) that will be used in conjunction with a Innova.Net registered domain name and personal Webpage feature. URL's registered using an Innova.Net owned domain name are nontransferable by subscribers upon account termination and will be retained by Innova.Net.
You acknowledge and agree:
- That the primary function of Innova.Net's personal Webpage feature as it relates to your personal Website is to facilitate access by end users to the information provided through your personal Website;
- That Innova.Net has no proprietary, financial, or other interest in any of the content or information that may be described in or made available through your personal Website; and
- That you are solely responsible for the content, quality, performance, and all other aspects of the information or other content contained in or provided through your personal Website. You warrant that you will own or have the right to use and offer all such information or other content in the manner in which the same will be used, offered or provided in connection with your personal Website. You shall indemnify and hold harmless Innova.Net from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your personal Website or an end user's use thereof, or any act, error, or omission of yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law.
EXCEPT AS PROVIDED IN THIS SECTION, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), INCLUDING ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING RELATED TO THIS AGREEMENT, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. ยงยง 1-16. IF YOU HAVE A DISPUTE THAT MEETS THE SMALL CLAIMS COURT REQUIREMENTS IN THE STATE IN WHICH YOU RECEIVE SERVICE, YOU MAY TAKE SUCH DISPUTE TO SMALL CLAIMS COURT RATHER THAN TO ARBITRATION.
THE ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL IN ARBITRATION. THE ARBITRATOR SHALL BE BOUND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT. THE ARBITRATOR MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE DISPUTE. ANY IN-PERSON ARBITRATION WILL BE CONDUCTED AT A LOCATION THAT THE AAA SELECTS IN THE STATE OF YOUR PRIMARY RESIDENCE OR PLACE OF BUSINESS. ARBITRATIONS UNDER THIS AGREEMENT SHALL BE CONFIDENTIAL TO THE EXTENT PERMITTED BY LAW.
THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES AND FEE SCHEDULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS MODIFIED BY THIS AGREEMENT. THE APPLICABLE AAA RULES SHALL BE THOSE RULES WHICH GOVERN THE AMOUNT OF THE DISPUTE INVOLVED AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AAA. A COPY OF THE APPLICABLE AAA'S ARBITRATION RULES ARE AVAILABLE via the AAA website at:
WWW.ADR.ORGDISPUTES UNDER THIS AGREEMENT MAY NOT BE RESOLVED ON A CLASS-WIDE BASIS, JOINED WITH A DISPUTE IN A LAWSUIT, OR JOINED IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON. THE ARBITRATOR MAY NOT AWARD, AND YOU AND INNOVA.NET WAIVE ANY CLAIMS FOR AWARDS FOR, PUNITIVE DAMAGES OR ATTORNEYS' FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A RELEVANT STATUTE.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE DISPUTE OR CLAIM FIRST ARISES.
BEFORE INNOVA.NET TAKES A DISPUTE TO ARBITRATION, WE WILL FIRST ATTEMPT TO RESOLVE THE DISPUTE BY CONTACTING YOU. BEFORE YOU ELECT TO TAKE A DISPUTE TO ARBITRATION OR TO SMALL CLAIMS COURT, YOU MUST FIRST GIVE US AN OPPORTUNITY TO RESOLVE THE DISPUTE BY CONTACTING US AT THE CUSTOMER SERVICE NUMBER ON YOUR INNOVA.NET INTERNET SERVICE BILL FOR THE SERVICES, OR WRITE TO US AT:
INNOVATIVE COMMUNICATIONS, INC.
P.O. BOX 128
SENECA, SC 29678
IF WE ARE NOT ABLE TO SATISFACTORILY RESOLVE THE DISPUTE WITHIN SIXTY CALENDAR DAYS FROM THE DATE OF THE INITIAL NOTIFICATION OF THE DISPUTE, EITHER PARTY MAY CONTACT THE AAA IN WRITING AND REQUEST ARBITRATION OF THE DISPUTE. UPON SUBMISSION OF YOUR WRITTEN REQUEST FOR ARBITRATION TO THE AAA, YOU ARE REQUIRED TO PAY THE APPLICABLE AAA FEES.
Innova.Net shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure.
Your right to use the Service is not transferable and is subject to any limits established by Innova.Net, and by your credit card company if billing is through a credit card.
No action, regardless of form, arising out of the Service or this Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.
This Agreement and the Service shall be governed by the laws of the State of South Carolina, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
This Agreement and any modifications published by Innova.Net over the Service constitute the entire and only agreement between you and Innova.Net with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. Your use of the Service is also governed by Innova.Net's Acceptable Use Policies applicable to the Service, which are available online via the Service and which are subject to change by Innova.Net from time to time.
You are responsible for and must provide all telephone and other equipment, software (other than any browser software that may be provided by Innova.Net) and services necessary to access the Service, including any inter-exchange (interLATA) long distance service, which must be provided by the carrier or other provider of your choice.
The reliability, availability and performance of resources accessed through the Internet or other services connected to Innova.Net's Service are beyond Innova.Net's control and are not in any way warranted or supported by Innova.Net. You acknowledge that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet or other services or content accessible through Innova.Net's Service. You assume all risk and liability of your use of the Internet or other services or content accessible through Innova.Net's Service, including your continuous compliance with this Agreement.
Important notices about the Service may be sent to you via email to your Innova.Net email address or via automated telephone recordings to your billing telephone number.