Terms and Conditions of Use

Contract for Nehalem Telecommunications Internet Accounts

 

Nehalem Telecommunications, Inc. provides a computer access service to the Internet. ("The Network"). Users of the Network must respect the intellectual property and conditions to use, listed below.

 

Please read each paragraph and sign the agreement at the bottom to indicate your consent. Your access to the Network will not be granted until this agreement is signed and returned to Nehalem Telecommunications, Inc. .

 

-Revision of Rates and Conditions: Nehalem Telecommunications, Inc. may (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this agreement at any time. Any such revisions will be binding and effective immediately on approval of the Oregon Public Utility Commission.

 

-Personal Use: Service furnished by Nehalem Telecommunications, Inc. cannot be sold, assigned or sublet, without written permission.

 

-Rules and Regulations: User will abide by all rules and regulations of the Network as may be promulgated from time to time by the Nehalem Telecommunications, Inc. . The Network may be used only for legitimate and approved purposes as set forth in the documentation. Users who disregard this policy will be subject to removal from the Network and/or legal action by Nehalem Telecommunications, Inc.

 

-Password: User will not allow another person to use his/her security number or password.

 

-Copying of Software: Virtually all software is protected by the Federal Copyright Act or other intellectual property rights. THE COPYING OF ANY COMPUTER SOFTWARE PROGRAM THAT DOES NOT CONTAIN SPECIFIC PERMISSION TO COPY IS PROHIBITED.

 

-Unauthorized Use: User will not view or use another person's computer file, programs, or data without the permission of that individual. User agrees that viewing or using another person's computer files, programs, or data without the permission of that individual is unethical, an invasion of privacy, and can be considered (in the case of unauthorized use) theft of personal property.

 

-Unauthorized Entry: Unauthorized entry into a system is trespassing. Any attempt to circumvent the security mechanisms shall be considered attempted theft or trespass. Deliberate attempts to degrade Network performance or capability, or attempts to damage systems, software or property of others will be cause for removing User from the Network, and may be grounds for legal action against User.

 

-Backup: Users are responsible for maintaining whatever level of backup of their files is needed. Nehalem Telecommunications, Inc. performs a daily backup of the Network, however, there is no guarantee that specific files will be able to be restored and Nehalem Telecommunications, Inc. is not responsible for recreating data files.

 

Inactive Connections: Nehalem Telecommunications, Inc. reserves the right to timeout inactive connections

 

Monitoring the Service: Nehalem Telecommunications, Inc. has not obligation to monitor the services, but may do so and disclose information regarding use of the service of Nehalem Telecommunications, Inc. , in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or requests to comply with applicable state and federal law; or to operate the service properly’ or to protect itself and its subscribers.

 

-Warranties: Nehalem Telecommunications, Inc. warrants that the Network shall perform in accordance with its documentation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHERS, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nehalem Telecommunications, Inc. does not represent or warrant that the Network will be error free or uninterrupted. Nehalem Telecommunications, Inc. has not quality assured any public domain software or programs operating on the Network and User agrees that user of such software or programs is on an "as is" basis, without warranty nor representation. Nehalem Telecommunications, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through the Network.

 

-Limitation of Liability:Nehalem Telecommunications, Inc.'s liability to User for any losses or damages, direct or indirect, whether based in contract or tort, arising out of the use of the Network (including lost data, information, or profits,) shall not exceed the fees paid to Nehalem Telecommunications, Inc. by User for the month in which the alleged incident giving rise to the loss or damages occurred. Nehalem Telecommunications, Inc. shall not be liable for special, incidental, or consequential damages.

 

-Maintenance: User is responsible for maintenance of User equipment and upgrading that equipment to the ongoing specifications of the Network. User is responsible for errors in input data. User accepts full responsibility for updating its user documentation, as such updates are issued by Nehalem Telecommunications, Inc. .

 

-Refusal of Services: Nehalem Telecommunications, Inc. reserves the right to refuse Network services to anyone who in Nehalem Telecommunications, Inc.'s sole discretion may be a security risk to the Network or other users. If unlawful, unauthorized, threatening, obscene, abusive or objectionable activity has been reported or is suspected, Nehalem Telecommunications, Inc. reserves the right to review any material stored in files or programs to which Network users have access, public or private, and will edit, or remove any material which Nehalem Telecommunications, Inc. , in their sole discretion, believe to be unauthorized, unlawful, threatening, obscene, abusive, or otherwise objectionable.

 

-Indemnification: User agrees to indemnify and hold harmless Nehalem Telecommunications, Inc. from any loss, claim, or damage resulting from User's use of the Network which damages Nehalem Telecommunications, Inc. or any third party, and User further agrees to compensate anyone harmed by User's abusive, objectionable or unauthorized use of the Network.

 

-Release: The information provided on the Network is offered as a community service and is not a substitute for individual professional consultation. Adequate professional guidance for making important personal decisions cannot be provided through an electronic format of this type. Advice on individual problems should be obtained personally from a professional. User agrees that by his/her use of the Network, User is not seeking to establish a doctor/patient, lawyer/client, or similar relationship with any of the information providers and the information providers and Nehalem Telecommunications, Inc. can rely upon User's promises in this agreement as an inducement to provide information to the Network.

 

-Change Orders: Specialized changes or other consultation as it relates to Nehalem Telecommunications, Inc.'s standard product offerings will be billed on a time and materials basis; billings will be separate from the standard monthly service charges.

 

-Third Party Claims: Nehalem Telecommunications, Inc. is not responsible for claims against User by third parties, even it Nehalem Telecommunications, Inc. is informed of such a claim or potential claim.

 

-Billing: User service fees are due and payable by the 15th of each month.

 

-Assignment: User shall not assign this agreement to another party.

 

-Termination: Nehalem Telecommunications, Inc. may terminate User access to the Network, for a breach by User of any term or condition of this Agreement or the Network documentation. Nehalem Telecommunications, Inc. may from time to time change, add, or delete services available on the Network and the terms and conditions of use. Nehalem Telecommunications, Inc. will inform User of such changes. Use of the Network by User after notification of such change constitutes acceptance of the new terms and conditions. User may terminate Network services upon five working days prior to notice to Nehalem Telecommunications, Inc..

 

-Change of Address: User shall inform Nehalem Telecommunications, Inc. in writing of any change in User's address or telephone number.