Tri-Lakes Internet Service Agreement
* Please read the following Service Agreement carefully before using our internet service *
1) Introduction:Tri-Lakes Internet, Inc. ("Tri-Lakes Internet") provides its Internet services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Members") as well as to those who access some of our Services but do not have accounts ("Visitors"). By clicking on the "I accept" button or by establishing an account or using the Services, you agree to be bound by this Tri-Lakes Internet Internet Service Agreement (the "Agreement") and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, amendments, or modifications by Tri-Lakes Internet, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
2) Subscription Requirements:Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Tri-Lakes Internet is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for Tri-Lakes Internet's Services are posted throughout our website at http://www.tri-lakes.net. These rates may also be obtained by calling (888) 293-3879. Tri-Lakes Internet reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
3) Payment Obligations of a Member:THERE WILL BE NO REFUNDS FOR ANY REASON ON ANY PLAN. Cancellation of service does not qualify for a refund of any prepaid service amount.
(a) Members must (i) provide Tri-Lakes Internet with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Tri-Lakes Internet all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact Tri-Lakes Internet's Customer Service Department at (888) 293-3879. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Tri-Lakes Internet is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Tri-Lakes Internet.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.
(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns pays Tri-Lakes Internet, the reseller must pay all amounts owing for your account. If the reseller fails to pay Tri-Lakes Internet any amounts due whether or not you have paid the reseller your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Tri-Lakes Internet's sole discretion; however, charges will continue to accrue until the account is canceled. Tri-Lakes Internet may bill a $5.00 additional charge to reinstate a suspended account.
4) Member's Account, Password, and Security:Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Tri-Lakes Internet account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Tri-Lakes Internet immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Tri-Lakes Internet's discretion, be transferred to a compressed temporary file or storage. Tri-Lakes Internet may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (888) 293-3879.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
Tri-Lakes Internet may change its POP numbers at any time. Tri-Lakes Internet reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Tri-Lakes Internet's property and Tri-Lakes Internet may alter or replace them at any time.
6) Disclaimer of Warranties and Limitation of Liability:Except for certain products and services specifically identified as being offered by Tri-Lakes, Tri-Lakes does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Tri-Lakes has no control over, and accepts no responsibility for such materials. You, the user, assume full responsibility and risk for use of the services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information and the quality and merchantability of all merchandise provided through the service or the internet.
The services are provided on an AS IS and AS AVAILABLE basis. Tri-Lakes does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. Tri-Lakes makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through Tri-Lakes or the internet in general. No advice or information given by Tri-Lakes or its representatives shall create a warranty. Tri-Lakes and its employees are not liable for any costs or damages arising directly, or indirectly, from your use of the services or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. We are not liable for any type of financial loss due to the result of network outages or loss of service. If you operate a business which requires high-availability of Internet service to provide services it is recommended to have a back-up plan which might include alternate Internet access and an SLA Agreement.
7) Web Site Usage:Our site on the World Wide Web with its home pages in the domain tri-lakes.net, or any other site operated by Tri-Lakes Internet (the "Web site") is a complimentary information service offered by Tri-Lakes Internet at no charge to users.
We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain tri-lakes.net, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Tri-Lakes Internet of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Tri-Lakes Internet", (b) the link must "point" to the URL "http://www.tri-lakes.net" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Tri-Lakes Internet , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Tri-Lakes Internet may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Tri-Lakes Internet.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Tri-Lakes Internet. Tri-Lakes Internet assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Tri-Lakes Internet harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Tri-Lakes Internet from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Tri-Lakes Internet will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to Tri-Lakes Internet to use on the Web site will be deemed to be a grant by you to Tri-Lakes Internet of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
8) Terms of Agreement:Continued use of the services constitutes acceptance of this agreement and any future versions. If you are dissatisfied with the services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
9) Termination:You may terminate your account at any time and for any reason by providing notice of intent to terminate to Tri-Lakes Internet by: registered or certified mail, return receipt requested addressed to Tri-Lakes Internet Inc., Accounts-Customer Service, 517 S 2nd St, Branson, MO 65616; or telephone calls directed to Accounts-Customer Service at (888) 293-3879.
Email termination of your basic Internet access account will not be accepted. To terminate DSL service, you must call (888) 293-3879. To terminate Web Hosting and/or Business Services, you must call (888) 293-3879. Your termination will only be complete upon your receipt of a cancellation confirmation number from Tri-Lakes Internet. Charges to your account will stop accruing the day Tri-Lakes Internet provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Tri-Lakes Internet's servers, anything stored on this space will be deleted upon termination.
Without prior notice, Tri-Lakes Internet may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Tri-Lakes Internet, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Tri-Lakes Internet may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 6 of this Agreement shall survive termination of this Agreement.
Any controversy or claim arising out of or relating to this Tri-Lakes Internet Internet Service Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration willbe governed by Missouri law and will be held in Branson, Missouri. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this Tri-Lakes Internet Internet Service Agreement.
10) DSL Contract and Modem Lease Subscription:By subscribing to Tri-Lakes Internet's DSL service; the user agrees to the following terms.
a) The user is under a 1 year contract starting on the day of their first billing for the DSL service.
b) If the user has bought the DSL modem outright: all liability and repair of the DSL modem ends once the customer's modem has arrived, has been installed, and is shown working based on Online Usage. If the modem is unable to work due to negligence, accidental damage, or any other factor; the user is responsible for purchasing a new DSL modem.
c) If the user is leasing the DSL modem: all repairs and maintenance of the DSL modem will be determined by Tri-Lakes Internet after the modem has been sent in for testing.
Tri-Lakes Internet may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Updated versions of this Agreement, the Acceptable Use Policy and any other user policies and agreements will be posted on Tri-Lakes Internet's Web site.
Tri-Lakes Internet reserves the right to refuse service to anyone at any time.