Eltopia Internet Services™ Internet Service AgreementRead This Internet Service Agreement Carefully Before Using Our Internet Services.
Introduction.
Eltopia Internet Services, Inc. ("Eltopia Internet Services") provides its Internet services, as they may exist from time to time ("Services"), to users who pay a 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 establishing an account or using the Services, you agree to be bound by this 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, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
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. Eltopia Internet Services 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 Eltopia Internet Services's Services are posted throughout our website at http://www.eltopia.com. These rates may also be obtained by calling (877) 227-4679. Eltopia Internet Services reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
Payment obligations of a member.Members must (i) provide Eltopia Internet Services with accurate and complete billing information including legal name, address, telephone number, and credit card/checking account/billing information, and (ii) report to Eltopia Internet Services all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
Members having questions regarding charges to an account, should contact Eltopia Internet Services's Customer Service Department at (877) 227-4679. 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.
Charges are billed to Members' credit cards, debit cards or checking accounts, as applicable, each month for the basic service and any additional usage or services. Eltopia Internet Services is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Eltopia Internet Services.
If paying by check, payments must be received before the start of the next service interval.
Delinquent accounts may be suspended or canceled at Eltopia Internet Services's sole discretion; however, charges will continue to accrue until the account is canceled. Eltopia Internet Services may bill an additional charge to reinstate a suspended account.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 Eltopia Internet Services 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 Eltopia Internet Services immediately upon discovering any unauthorized use of your account.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.
Eltopia Internet Services may change its POP numbers at any time. Eltopia Internet Services 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 Eltopia Internet Services's property and Eltopia Internet Services may alter or replace them at any time.
Monitoring the services.
Eltopia Internet Services has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Eltopia Internet Services, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Eltopia Internet Services may immediately remove your material or information from Eltopia Internet Services's servers, in whole or in part, which Eltopia Internet Services, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Eltopia Internet Services, Eltopia Internet Services 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. Eltopia Internet Services HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU 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. Eltopia Internet Services DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Eltopia Internet Services 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 Eltopia Internet Services OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Eltopia Internet Services OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Eltopia Internet Services 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. IN ANY EVENT, Eltopia Internet Services'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Software license
Eltopia Internet Services grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Eltopia Internet Services access software (including software from third-party vendors that Eltopia Internet Services distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Eltopia Internet Services may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of Eltopia Internet Services and Eltopia Internet Services's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Eltopia Internet Services and Eltopia Internet Services's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Web site usage.
Our site on the World Wide Web with its home pages in the domain "Eltopia Internet Services", or any other site operated by Eltopia Internet Services (the "Web site") is a complimentary information service offered by Eltopia Internet Services 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 "Eltopia Internet Services", is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Eltopia Internet Services 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 "Eltopia Internet Services", (b) the link must "point" to the URL "http://www.eltopia.com" 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 Eltopia Internet Services , (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) Eltopia Internet Services 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 Eltopia Internet Services.
Term 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.
Termination.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Eltopia Internet Services by:
registered or certified mail, return receipt requested addressed to
Eltopia.com
PO BOX 40
Eltopia, WA 99330
Or telephone calls directed to Customer Service at (866) 358-6742.Email termination of your basic Internet access account will not be accepted. To terminate DSL or Web Hosting and/or Business Services, you must call (866) 358-6742. Your termination will only be complete upon your receipt of a cancellation confirmation number from Eltopia Internet Services. Charges to your account will stop accruing the day Eltopia Internet Services provides you with a cancellation confirmation. 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 Eltopia Internet Services's servers, anything stored on this space will be deleted upon termination. Cancellations must be made by the 25th of the current month to deactivate in the current month. Cancellations received after the 25th will be processed for the next month. No refunds are available for subscriptions paid for in advance; this applies to quarterly, semi-annual and/or annual subscriptions.
Without prior notice, Eltopia Internet Services may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Eltopia Internet Services, 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. Eltopia Internet Services 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, and 11 of this Agreement shall survive termination of this Agreement.
Jurisdiction.
Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by Washington law without regard to conflict of law provisions.
The federal and state courts located in Washington alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Washington with respect to such matters or otherwise between you and Eltopia Internet Services, and waive your rights to removal or consent to removal.
Miscellaneous.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and Eltopia Internet Services's other user policies posted on Eltopia Internet Services's Web site constitute the entire agreement between you and Eltopia Internet Services with respect to your use of the Services.Eltopia Internet Services 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. Notice of any revision, amendment, or modification will be posted on Eltopia Internet Services's Web site (http://www.eltopia.com) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.