SILICON CONNECTIONS INTERNET ACCOUNT TERMS AND CONDITIONS

 

This document is available online at http://www.silcon.com/terms.html

 

This Agreement is between SILICON CONNECTIONS LLC, a California Limited Liability Company, (hereinafter referred to as "SC"), 1030 Country Club Drive, Moraga CA 94556, and subscribers to SC's Internet connectivity accounts, (hereinafter referred to as "Client"). This agreement is the sole agreement between SC and Client, and supersedes any other oral or written representations, understandings or agreements. SC reserves the right, upon reasonable notice to modify these terms and conditions. By using an SC account, Client agrees to these terms and conditions. If you do not agree to these terms and conditions, please notify SC in writting and SC will cancel your account. SC will give you a refund of the monthly service charge, but the service connection charge is nonrefundable.

 

1. INTERNET USAGE

 

1.1 An SC login account entities the Client to login on only one modem or TCP/IP session at a time. Multiple logins are not allowed. Client agrees to only open a session for interactive use. When the user is finished with a session, they must disconnect the connection. Using any program with the intent to keep a session active while not being used for interactive use is not permitted. Clients are responsible for security of their passwords, and are expected to maintain user identification and password information in confidence and not allow nonsubscribers to use their account. SC Clients should change passwords regularly, and maintain proper records. SC is not responsible for password security, but will change passwords if lost for a service charge.

 

1.2 SC expects its clients to use the Internet properly, in a manner consistent with good manners and good citizenship. SC will assist clients in that regard. However, SC reserves the right to cancel the account of clients who intentionally and or repeatedly disregard the following guidelines.

 

A. Do not send mass­unsolicited electronic mail. Mass­unsolicited electronic mail is defined as any electronic mail sent to a group of electronic mail addresses, where the recipients have not specifically requested information or a

response.

 

B. Do not post commercial advertisements to USENET newsgroups unless the newsgroup specifically states in its FAQ (Frequently Asked Questions) that advertisements are permissible.

 

C. Do not use an SC account for any unlawful purpose, including but not limited to: Online gambling, transmission, posting or downloading of child pornography, intentional spreading of computer viruses, unlawful entry into public or private computer systems including SC's own network infrastructure, or any other violation of Federal or State law.

 

D. Do not engage in any activity that unreasonably burdens SC's system resources. SC may cancel any account immediately and without notice if such account restricts or prohibits other SC clients from accessing their accounts.

 

2. PAYMENT AND BILLING

 

2.1 Accounts are charged monthly. SC will accept payment by credit card or  check. Client agrees to pay $25.00 for each check returned by the bank. If payment is made by credit card, SC will automatically bill your credit card account the amount due each month, in which case you will not receive an invoice. If you pay by check, an invoice will be mailed to you every three months for the following three months of service, and payment is due 15 days after the invoice date for the full three months of service.  Business accounts paying by check may be invoiced monthly, depending on the type of services subscribed.

 

2.2 Dialup access accounts include a 10 day free trial period.  If the account is cancelled within the 10 day trial period, a refund will be given for the amount of the initial startup and first month fee.  After the 10 day trail period, no pro-rated refunds will be given for pre-paid services.  If an account is closed on or after the billing cycle date, the account will remain open until the period of service that has been pre-paid has expired.

 

2.3 Delinquent accounts will be canceled without notice.  All information on canceled accounts and all files (including electronic mail, World Wide Web pages and home directory files) stored in that account's directories will be deleted.  SC assumes no responsibility or liability therefore.

 

2.4 Hard disk usage charges will be billed monthly to each account which uses more than the allotted disk space. Personal accounts receive 10MB of disk space. Business accounts receive 40MB. $0.50 per megabyte in excess of the allotted disk space will be charged monthly.   Disk space usage includes any and all files owned by an SC login name, including electronic mail files.

 

2.5 Web site transfer fees will be billed monthly to each account that uses more than the allotted web site transfer volume in megabytes (millions of bytes).   Personal accounts receive 100Mb of data transfer included in the monthly service fee.    Personal accounts transferring more than 100Mb per month are required to change their account to a business account. 

Business accounts included transfer amounts and prices for additional transfer charges vary based on the business account selected.   Prices are listed on SC’s website at http://www.silcon.com and are incorporated into this agreement by this reference.

 

2.6 In the event that a billing dispute occurs concerning any charges billed to you by SC, you must submit a documented claim, in writing, for the disputed amount.  You must pay any outstanding balance, minus the disputed amount, prior to the due date of the invoice.  You must submit all documentation as may be reasonably be required to support the claim.  All claims must be submitted to SC within ninety (90) days of receipt of the billing for those services.  If you do not submit a claim as stated above, you waive all rights to file a claim thereafter.

 

3. LIABILITY AND INDEMNITY

 

3.1 SC intends to provide high quality, user friendly, reliable connectivity to the Internet, utilizing high quality equipment and services. Client understands that SC has no control over the information available on or exchanged over the Internet and accessed through SC. SC disclaims any warranty of merchantability or fitness for a particular purpose, and disclaims any warranty or guarantee of the authenticity, accuracy, timeliness, or completeness of any information received from or transmitted through the Internet. Client's sole and exclusive remedy for any default by SC, and SC's exclusive liability to Client shall be an appropriate adjustment in the monthly fee for the month in which a failure of service occurs. Interruptions and outages due to power failures, failures in equipment, telephone lines, and other such causes beyond the reasonable control of SC shall not entitle Clients to adjustment in monthly charges unless the interruption is solely attributable to SC and lasts more than 24 hours. Client agrees that in no event will SC be liable for any direct, indirect, consequential, special or punitive damages or losses incurred by Client in connection with Client's use of SC accounts, the SC system or any of the data or other materials transmitted through or residing on SC's system, even if SC has been advised of the possibility of such damage or loss.

 

3.2 Client agrees to defend and indemnify and hold SC harmless, to the greatest extent allowed by law, from and against any and all losses, claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any act, omission, fault or negligence of Client in the use of the SC account, including but not limited to any breach of these terms and conditions, and including materials or information transmitted or received by Client in connection with the SC account or system leading wholly or partially to claims against SC by other users or third parties.

 

4. PRIVACY

 

SC provides private electronic mail services to all SC accounts. SC endeavors to protect the privacy of Clients' electronic mail, but does not warrant or guarantee the privacy of that mail. SC strongly recommends that wherever possible, users employ their own security procedures to protect the privacy of their personal or sensitive messages.

 

5. COMPLIANCE WITH LAWS, SUITABILITY OF INTERNET MATERIALS

 

5.1 Clients agree to use their SC account in compliance with all applicable laws, and not to violate any trademark, copyright, or other intellectual property rights of others. Clients may up-load, down-load, transmit and redistribute public domain materials. Client is solely responsible for determining if materials are within the public domain. Clients will not upload, down-load or distribute copyright, trademark, patent or other protected material through an SC account without prior consent of the owner of such material.

 

5.2 There is a wide variety of information accessible on the Internet. Some information contains profanity and/or sexually explicit language and/or images that are not suitable for viewing by minors. Client certifies that he/she is over

the age of 18, and assumes full responsibility for the use of the SC account by anyone under the age of 18, and Client agrees to enforce compliance with these terms and conditions by all such users.

 

5.3 These terms and conditions shall be interpreted and enforced in accordance with the laws of the State of California. If either party should initiate legal action to recover damages on account of a breach of these terms and conditions, including actions for collection of unpaid service charges, the prevailing party shall be entitled to attorneys fees and costs incurred in bringing such action. Client agrees that any action brought hereunder may be filed in Contra Costa County, California.