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TriParish.net
Account Terms and Conditions
Revised October 15, 2002

TriParish.net is your Premium Internet Service Provider for business and personal use. Contact us at (985) 879-3219 or e-mail us at info@TriParish.net.

Terms of Internet Access Agreement Customer agrees to use the service in a manner consistent with any and all applicable local, state, and national, and/or international laws. Use of TriParish.net Network for bulk and/or unsolicited e-mail, commercial or otherwise, is prohibited and shall be cause for immediate account termination. Bulk e-mail is defined as the same or similar e-mail message sent to more than 25 recipients.

All TriParish.net Network subscribers agree to use and use only the e-mail address as confirmed at time of sign-up for their "Return" and/or "Reply-To" Internet e-mail address. The use of a "fake" e-mail address, e-mail address belonging to another Internet user, or no e-mail address as a "Return" and/or "Reply-To" Internet mail address is prohibited and such use shall be cause for immediate account termination.

Customer agrees to utilize appropriate protocols for data transmissions. E-mail messages are limited to a maximum of 10 MB (10000K) incoming storage space.

Customer shall be held liable for any and all costs incurred by TriParish.net as a result of customer violation of these terms and conditions: including but not limited to attorney fees and costs resulting from Postmaster responses to complaints from and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. TriParish.net's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge.

Use of TriParish.net Network NNTP news server for spamming is prohibited and shall be cause for immediate account termination. Use of TriParish.net NNTP news server for software distribution, cross-posting messages to more than 10 news groups, the posting of off-topic messages to newsgroups, and/or as an advertising medium is prohibited and shall be cause for immediate termination.

The use of programs such as packet sniffers, host and/or service monitoring, and other similar programs is forbidden. TriParish.net may monitor all network services around the clock.

For purpose of network use, TriParish.net hereby distinguishes Business Accounts to be any account held by a Sole Proprietor, Partnership, Corporation, or any other entity engaged in an ongoing "Business Enterprise" and Personal Accounts as an account held by an individual for personal use, research, and recreation. All account activations require the disclosure of intended use, be it business, home business, or personal, and any account contract, the resale, transfer, or trade of any TriParish.net Account and/or Services strictly prohibited. Inquires regarding "Accounts for Resale" should be directed to the TriParish.net Sales Manager.

Personal Use Accounts receiving storage space for a Personal Web Page are subject to certain use restrictions for said personal page. A Personal page may be used for personal Internet distribution of subscriber's personal information such as: bio, resume, privately owned items for sale, hyperlinks to favorite Web locations, and information to let the world know who you are and what you think. A Personal Page, other than for personal recommendations, may not be used for any business related activities such as: advertising, sales, marketing, promotions, posting information for other individuals or businesses, software FTP site, any illegal activity, and any other activities prohibited by the TriParish.net Network's terms and conditions.

Customer is responsible for use of account(s) and confidentiality of password(s).

Billing Customer is solely responsible for any and all local or long-distance telephone charges for connecting directly to TriParish.net network or indirectly via any access broker or access intermediary. It is the sole responsibility of the customer to determine if the provided TriParish.net Network access telephone number(s) will be a local telephone call.

Customer agrees to pay TriParish.net all charges relating to use of Customer's Account(s). Customer acknowledges that there is a 30 day minimum subscription period, which means no full or partial refund of the initial month's service fee and activation fee will be given if service is canceled within the initial 30 day subscription period. Additionally, all cancellations become effective at the end of the current billing period for monthly subscribers or the end of the current billing month for quarterly subscribers. There are no refunds issued for a partial period of service.

Customer agrees to pay TriParish.net NSF charges of $25 for checks, and $10 for credit card denials.

It is the sole responsibility of the subscriber to track their own on-line connection time. This may be accomplished by recording the time listed on your PPP connection dialer prior to disconnecting.

TriParish.net reserves the right to change its rates and/or services by notifying you 30 days in advance of the effective date of change.

Your service activation date will be listed as the first day of your monthly, quarterly, or yearly billing cycle, that TriParish is ready to provide service to your loaction, regardless of the actual date you begin receiving service, and shall not exceed ten days from the date you sign your contract, or the promised install date, whichever is later. Customers with a quarterly or yearly billing cycle will be invoiced one month prior to the end of their current billing cycle for all standard base service rates, and payment will be due not later than the first day of the next billing cycle. Customers with a monthly billing cycle will be invoiced and have their credit card of record charged before/on the first day of the next billing cycle for all standard base service rates.

If your payment instrument is returned unpaid for any reason, including but not limited to overlimit, expired, or otherwise not available to make payment, you will be notified of such by telephone and e-mail Checks and/or money orders that are returned by the bank for any reason will incur a $25 returned check fee. It is the sole responsibility of the customer to insure their payment instrument information is maintained current and available for payment of incurred fees.

TriParish.net reserves the right to suspend access to service for Customer's Account(s) upon an indication of credit problems including delinquent payments. A reconnection charge equivalent to applicable activation fees will apply after payment of any outstanding balance for accounts over thirty (30) days past due.

If you default, you agree to pay TriParish.net its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.

OWNERSHIP/COPYRIGHT

Information available on TriParish.net network is the property of TriParish.net, its Information Providers, or other Customers. Customer shall not redistribute, reproduce, or commercially exploit such information without express written permission of its owner.

Information Providers shall have the right to assert and enforce such copyright provisions directly on their own behalf.

Customer submitting information owned by Customer for distribution on TriParish.net network grants TriParish.net non-exclusive permission to distribute the information product worldwide. Customers retain all rights Customer may have to such information and should expressly state such rights in conjunction with said information.

LIMITATION OF LIABILITY

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.

Neither TriParish.net nor its Information Providers are responsible for any damages arising from Customer's use of TriParish.net network or inability to use TriParish.net network. There is no guarantee of message delivery. E-mail return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests.

TriParish.net is not responsible for Customer's files residing on TriParish.net network. Customer is responsible for independent backup of all such data at a site determined by customer.

TriParish.net cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet.

Due to the potential threat of viral attack, TriParish.net highly recommends the practice of safer computing to protect against computer viruses. TriParish.net is in no way responsible for any data loss or damage arising from viral infection from the Internet. Customers undertake browsing and downloading of Internet files at their own risk. Consult with your local computer reseller, systems analyst, consultant, and/or management information systems personnel to determine the anti-viral protection program best suited to your needs.

Customer is hereby warned that some Internet sites accessible via TriParish.net network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. TriParish.net not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitors use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

TriParish.net network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless TriParish.net (AKA Computer Sales & Services, Inc.) from any claims resulting from your use of the service which damages you or another party.

Any access to other networks through the TriParish.net network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass e-mailing, and/or the sending of unsolicited commercial e-mail.

TriParish.net and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

TriParish.net technicians are trained to deal with connectivity issues for our customers. TriParish.net is not responsible for any hardware conflicts or failures that may occur.

TriParish.net is not liable for any third party software, websites, or website contents.

OPERATION

TriParish.net reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to these Terms and Conditions will be posted to this TriParish.net Network Web page. Customers are encouraged to review the current Terms and Conditions of Use on a regular basis. Customer's use of TriParish.net network after such notice shall constitute Customer acceptance of such modifications.

Customer understands that TriParish.net network services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. Scheduled outages will be sent via e-mail to all of our customers. TriParish.net shall not be liable for any delay in or failure to perform the services caused by circumstances entirely beyond its control such as those occasioned by acts of God or other causes or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.

There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, TriParish.net may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours.

Customer hereby agrees that any material submitted for distribution on TriParish.net network through Customer's Account(s) does not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, objectionable, or libelous.

TriParish.net at its sole discretion and judgment may immediately suspend Customer's access to the service upon any breach of any of the Terms and Conditions by Customer, including, but not limited to, refusal or failure to pay for services provided or disruptive on-line behavior.

TriParish.net reserves the right at its sole discretion to delete any information entered into TriParish.net network computer systems by Customer. TriParish.net and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information.

TriParish.net reserves the right to disconnect non-dedicated dial-up connections with inactivity for more than 15 minutes ("time-out"). Non-dedicated dialup and DSL connections may not be utilized as a dedicated connection, and TriParish.net reserves the right to disconnect or rotate IP addresses on non-dedicated dialup and DSL connections exceeding 5 hours in connection duration.

TriParish.net reserves the right to delete Customer's personal files for which a storage fee has not been paid and which have not been accessed for more than one (1) month.

TriParish.net reserves the right to limit bandwith and /or network traffic of any entity for any reason at its sole discretion with or without notice.

TriParish.net reserves the right to terminate access to service for any Customer Account(s) which have been inactive for three (3) months or longer.

TriParish.net reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.

TriParish.net Web hosting customers are required to sign a Web hosting contract which delineates other terms and conditions.

Unlimited Access

This means there are no special periods of time with high traffic in a given day during which access to the system is limited in some fashion. Dial-in whenever you want, and remain connected for as long as you want up to the limits of your account!

However, unlimited access is not equivalent to unlimited usage of system resources.

TriParish.net reserves the sole right to charge .02 per MB for excessive usage. (Excessive usage is currently 2Gb per month for residential users and 5Gb per month for commercial users.)

At this time, TriParish.net does enforce a time usage limit on dialup accounts of four continuous hours. This helps us manage dialup resources usage and prevents monopolizing the system.

Disclaimer: Pricing and policies are subject to change without notice. TriParish.net will not assume responsibilities for damages resulting from using a system account in an irresponsible manner. We only provide Internet access services, carry a full uncensored news feed, and do not monitor for content. Minors must have signed parental consent. The parents or legal guardians of minors are solely responsible to police the user's actions. All users are expected to voluntarily follow netiquette.

Resale of services and account sharing prohibited, unless prior consent is obtained from TriParish.net.