SURFNET COMMUNICATIONS' SERVICE TERMS AND CONDITIONS
SurfNet's Service Agreement is merely a statement of "good business practices" and can be summarized as follows:
Use the Internet wisely - it is a powerful tool and our service gives you full access to its capabilities.
Do not use our service to do illegal things.
Respect other Internet user's rights to use the Internet and to provide Internet service.
BEFORE SIGNING UP, OR CONTINUING USE OF OUR SERVICE, PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY.
This Service Agreement represents the complete Agreement and understanding between Surfnet Communications and you, the Surfnet Communications accountholder, and supersedes any other written or oral agreement pertaining to your Surfnet Communications service. By using Surfnet Communications, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your SurfNet USA account.
Surfnet Communications may be contacted by email at
firstname.lastname@example.org or by regular mail at:
PO Box 66831
Scotts Valley, CA 95067
Surfnet Communications reserves the right to modify the Service Agreement, and/or modify the prices of its services, as well as discontinue or change the services offered.
Service Terms and Conditions
These Service Terms and Conditions are agreed to by and between Surfnet Communications, Inc. ("SURFNET") and the customer ("USER") as designated on their Service Order. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows:
1. Accounts and Service - SURFNET shall provide USER with an account (the "Account") on SURFNET's network, which will allow USER to access the Internet on the terms set forth herein and on the Service Order, as may be amended from time to time by SURFNET. USER's Account will include (dependent on account type) access to the World Wide Web, electronic mail ("email"), and other Services commonly associated with the Internet (collectively, "Services").
2. Term and Billing - SURFNET will enable USER's Account upon the date (the "Commencement Date") of SURFNET's acceptance of USER's Service Order. USER shall promptly notify SURFNET in writing or by email of any changes in USER's Account information, such as changes in address or telephone number. In the event USER has committed to a multi-month contract as part of his Service Agreement, an early Termination Charge (defined below) will apply.
3. Payment - USER shall pay all fees, including the Monthly Service Fee, Setup Fee, and any other fees, as set forth on the Service Order. Some non-contracted fees are subject to change without notice.
Method of Payment: All Services are prepaid. SURFNET reserves the right to collect the last month's non-refundable payment in advance and may collect or recollect such at anytime. There may be a fee for certain billing methodologies. Where an approved automatic payment method (i.e. credit card or electronic payment, etc.) is used, SURFNET shall automatically debit payments by USER using the original payment method specified or until modified by USER. When the billing method is by "Invoice," SURFNET shall deliver monthly statements via email, unless USER requests paper bills in which case USER will receive bills by means of conventional mail and will be invoiced at $2.00 per each paper bill. Invoices are sent monthly and the terms are Net ten days from date of invoice.
Collection: There is a $25.00 service charge/month for payments made later than 30 days past the due date (to cover our accounting labor) and an additional $40.00 collection fee for each item charged back to SURFNET (draft/check or charge) to cover our bank charges. USER must notify SURFNET at least fifteen working days before the next payment is due if USER wishes to change the method of payment. Accounts that are delinquent may have their files purged and their service disconnected. Any account that is disabled must pay a reconnect fee equal to one month of service in addition to any past due fees and any charges assessed by SURFNET.
Accounting Cycle: USER's accounting cycle begins on the Service commencement date and is then adjusted to the first day of the month. The first day of the month becomes the "Billing Day".
Cancellation Policies: You may cancel your Services for any reason at any time by notifying us at the email address or mailing address set forth at the top of this Agreement. Please be aware that certain promotions have an optional or mandatory term commitment period and if you cancel your Services prior to the expiration of an applicable optional or mandatory term commitment period, certain early termination or cancellation fees may apply.
Early Termination: In the event the USER has signed a multi-month contract and wishes to terminate the agreement before the end of the Contract Term, a charge of $20.00 per month shall apply for each of the remaining months in the Contract, AND any Installation and/or Equipment costs.
4. Amendment - SURFNET reserves the right to change the terms and conditions of this Agreement and/or any collateral agreements referenced herein, including the Acceptable Use Policy and the fee schedule, by notifying USER on the SURFNET's Website (linked from home page) or by email at least 30 days in advance of the effective date of the change. Use by USER after the effective date constitutes acceptance of the new terms and conditions.
5. Offensive or Illegal Materials - SURFNET does not knowingly post illegal content of any kind. There is, however, no monitoring of material posted to SURFNET's Web sites, FTP sites, or hosted domains by the USER. Otherwise, SURFNET exercises no control over the content of materials accessed through the Internet, including through the SURFNET network. Some materials posted by USERs or available through the Internet may be offensive to certain groups of individuals.
6. Acceptable Use Policy - USER agrees to be bound by the provisions of SURFNET's Acceptable Use Policy, which is incorporated by reference as if fully set forth herein and in the Customer Agreement, including all legal obligations arising there under.
7. Limitation of Liability and Indemnification - SURFNET nor it subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer in support of SURFNET Services. USER agrees that it is their responsibility to completely backup your computer prior to installation. USER further agrees that SURFNET and/or its contractors or affiliates are not responsible for any problems with your computer following the installation of or any subsequent service performed on your computer in support of SURFNET Services.
Your exclusive remedy for any and all losses resulting from this installation of equipment and your use of the Services, including SURFNET or its subcontractor's negligence, will be limited to fees paid to SURFNET up to the time the damage is discovered
Neither SURFNET nor its network Services supplier will be liable for unauthorized access to or alteration, theft or destruction of end user's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of company's or its network service supplier's negligence.
These Services are provided on an "as is" and "as available" basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither SURFNET nor its affiliates warrant that these Services will be uninterrupted or error free or that any information, software or the material accessible on the Services are free of viruses or other harmful components.
SURFNET, its affiliates and its subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature including personal injuries, property damage or loss of business that result in any way from your use or inability to use the Services or to access the Internet or any part thereof, or you reliance on or use of offers, claims, representations, promotions and transactions, information, service or merchandise provided on or through this Internet or the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
USER agrees to indemnify, defend and hold SURFNET, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the equipment and/or the Services provided by USER or an authorized USER of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
These limitations on liability and indemnification provisions inure to the benefit of and apply to: SURFNET, subsidiary and affiliated companies, any successor to SURFNET's business by way of merger, purchase of assets, or operation of law, and any subcontractors performing work on behalf of SURFNET.
8. Content Responsibility - USER understands that neither SURFNET nor its network Services supplier is responsible for the content of the transmissions which may pass through the Internet and/or the connectivity Services. USER agrees that it will not use the connectivity Services in ways that violate laws, infringe the rights of others, or interfere with the users, Services, or equipment of the network. For example, end user shall not distribute unsolicited advertising, chain letters, or commercial electronic mail ("spamming"); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material the Internet; or infringe copyrights, trademarks, or other intellectual property rights.
9. Connectivity - As a user of the SURFNET Service, connection is automatically disconnected upon: (a) Delinquent payment amount; or (b) detected illegal behavior. If SURFNET causes an error, delay, defect, breakdown or failure in service, which is defined as lasting for more than 24 hours during any calendar month (Service Interruption), an out-of-service credit will be calculated based on a % daily prorated credit (1/30) of any monthly service charge Customer paid for service during the period of Service Interruption, provided Service Interruption lasts for more than twenty four (24) consecutive hours after SURFNET receives notice of the interruption from Customer. The maximum credit allowed shall not exceed the Monthly Charge for the service interrupted. No credit shall be available for difficulties such as Customer equipment failure, Internet congestion, or other causes beyond SURFNET's reasonable control. The above prorated credit provides Customer's sole remedy for any claim relating to this service or SURFNET. SURFNET's records and data shall be the sole basis for all calculations and determinations.
10. Disclaimer of Consequential Damages - In no event will SURFNET or its network Services suppliers be liable for any damages, including, but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use Services or products provided hereunder.
11. Export Compliance - USER further agrees to comply with U.S. Export Laws concerning the transmission of technical data and other regulated materials via the connectivity Services.
12. IP Addresses - Upon expiration, cancellation or termination of the Agreement, USER shall relinquish any IP addresses or address blocks assigned to USER by SURFNET or its network services supplier.
13. Survival - This Provision entitled Survival, Provision 10 above entitled Export Compliance and any provision in all SURFNET agreements or policies which references 'Indemnification', 'Limitation of Liability', 'Limitation of Damages,' and 'Warranty Disclaimers' shall survive the termination of the Agreement.
14. Force Majeure - If the performance of any obligation hereunder is interfered with by reason of any circumstances beyond SURFNET's reasonable control including, but not limited to acts of God, lightning, wind, power surges or failures, labor strikes and other labor disturbances, or the act or omission of any third party, shall be excused from such performance to the extent necessary, provided that SURFNET shall use reasonable efforts to remove such causes of non-performance.
15. Complete Agreement and Severability - This Agreement supersedes any other written or oral agreement, and represents the complete understanding between SURFNET and USER. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement may be signed, but does NOT have to be signed to be enforced. Proceeding to sign up, either online or by phone, constitutes acceptance of all terms and conditions set forth in this Agreement.
16. Equipment Warranty - Any equipment sold to the User is warranted to the original purchaser for one full year from the date of purchase against defects in material and workmanship. During this period Surfnet Communications will repair or replace, at our discretion, the defective component. This warranty does not apply to improperly handled, or abused equipment, or to any unit which has been repaired or altered by the customer.