AGREEMENT
WebQwest is an interactive online service provider of Internet access.
This agreement sets forth the Standard Terms and Conditions that apply
to subscriber use of WebQwest. Subscriber henceforth agrees to
compliance with all terms of service use.
RELATIONSHIP
The relationship between the subscriber and WebQwest is that of
subscriber and service provider only. In the event of a violation of any
terms and/or conditions set forth in this agreement, WebQwest reserves
the right to immediately terminate the services provided to the
subscriber, with the subscriber being fully responsible for any and all
attorney's fees incurred by WebQwest regarding this agreement at all
trial and appellate court levels.
UNAUTHORIZED USE
Questions regarding acceptable use of WebQwest should be sent to
abuse@webqwest.com.
Unauthorized use of WebQwest services includes, but is not limited
to, the following examples: illegal or criminal activities; sending or
posting fraudulent or harassing electronic messages (including
"spamming"-sending a message's content to an unreasonable number of mail
addresses or message areas, as well as unsolicited mailing of commercial
sales pitches); posting messages to public message areas which violate
any restriction in that area's charter or policy; use, attempted use or
possession in one's account of programs in order to interfere with
WebQwest's system, defraud customers or gain unauthorized access to
computers, networks, file areas or system privileges; taking
unauthorized actions on IRC servers, such as cloning and running bots
intended to take malicious action; placing pictures of nudity in
WebQwest WWW directories; or, placing files containing commercial
software in file areas accessible by the public.
Subscriber shall not allow unauthorized connections to WebQwest,
unauthorized reselling of WebQwest, or the solicitation of WebQwest
users to become subscribers to other online service providers in
competition with WebQwest, nor shall the subscriber make any
unauthorized copies or duplications of any WebQwest material,
advertising, forms, brochures, pamphlets and the like which is the
property of WebQwest.
Any subscriber attempting to harm or cause damage to WebQwest
equipment in any way will be billed at $250.00 per hour, with a minimum
billable time period of 1 hour, to track the offending subscriber and
repair any damage they may have caused.
Refunds for accounts closed due to a direct violation of the User
Policy Agreement will only be granted at the discretion of WebQwest.
TIME LIMITS
A standard WebQwest account provides access to browse the Internet, and
should only be connected when a user is actively using the Internet. A
standard WebQwest account shall not be used to run a server providing an
information service over a user's modem connection such as an FTP or WWW
server. A connection held for extended periods of time by automated
methods or server software are in violation of this Policy, and will
have their connection terminated or account suspended.
A Standard WebQwest account allows a minimum of 200 hours of monthly
access, to ensure the system is not abused and all customers have equal
access, a connection will automatically be disconnected after eight (8)
consecutive hours of connectivity.
WebQwest may take any one or more the following actions in response
to violations of this Acceptable Use Policy:
- Issue written or verbal warnings
- Suspend the customer's account
- Terminate the customer's account
- Deny the customer future service
- Bill the customer for administrative costs and/or reactivation
charges, as appropriate
TECHNICAL SUPPORT POLICIES
WebQwest offers free technical support to assist customers with the
setup and configuration of WebQwest Internet accounts.
The customer must confirm with their local telephone provider that
calling any access number is a local call. WebQwest is not responsible
for any long distance charges incurred.
WebQwest phone-based technical support is to be used when a customer
requires assistance with problems involving the process of dialing into
the system and establishing an Internet connection, as well as with
problems concerning the sending and receiving of Internet E-Mail.
WebQwest phone based technical support is not to be used for other
applications, including but not limited to, questions regarding writing
or setting up WWW pages, nor for assistance on how to use any operating
system (e.g.Windows, MacOS, or Unix).
Customers may also receive E-Mail based technical support from
support@webqwest.com. E-Mail
messages are answered based on priority and most messages will be
responded to by the next business day after receipt.
Support is also available by visiting our administrative offices. Our
technicians do not make personal visits to customer's premises. WebQwest
does not offer technical support for Internet connections to other
Internet providers or customers, or any other problem not related to our
customers connection to the Internet. WebQwest Technical Support is
unable to provide support for "alpha", "beta" or pre-release software.
WebQwest Technical Support is only able to provide technical support for
products or services sold directly by WebQwest.
WebQwest is not responsible for the performance of services provided
by organizations outside of WebQwest: including the quality of a
customer's phone lines, the speed of Internet connections not owned or
operated by WebQwest, the operation or reliability of any Internet
server or computer not owned or operated by WebQwest.
BILLING PERIOD
All new services provided by WebQwest will be billed one month in
advance and will include all applicable local, State and Federal taxes.
Any additional hourly charges or single-use special charges will be
billed during the following invoice cycle. Credit card authorized
payments will be billed in the same manner. Accounts are not invoiced on
a monthly basis and must be applied to a credit card. Accounts shall
automatically renew at the end of their term date. Payments not received
within 30 days of invoicing will be subject to a 1.5% financing
charge. WebQwest reserves the right to terminate or discontinue service
at any time.
RETURNED CHECKS
A returned check charge of $30.00 will be incurred for all returned
checks.
MINIMUM PAYMENT
A minimum payment of one (1) month will be assessed on all new accounts.
The subscriber is responsible for choice of service and payment
remittance.
BILLING DISPUTES
In case of any billing disputes, you must notify, in writing, the
Billing Department no later than 60 days after the date the alleged
billing error first arose, whether on invoice or a charge against your
credit/debit card. Failure to do so will waive your right to further
contest of the charge(s).
CANCELLATION POLICY
Charges are not prorated if you choose to cancel your account prior to
the end of your billing period. You may elect to have your account
closed at the end of the current billing cycle which ends at 10am the
last day of the month. Accounts not closed by that time will
automatically be renewed and billed for the following month as this is
when we are billed..
DISCLAIMER
The WebQwest service provided is provided on an as is, as available,
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability, fitness
for a particular purpose or non-infringement. WebQwest expressly
disclaims any representation or warranty that the WebQwest service will
be error-free, secure or uninterrupted. no oral advice or written
information given by WebQwest, its employees, licensors or agents will
create a warranty; nor may you rely on any such information or advice.
The terms of this section shall survive the termination of this
agreement for whatever reason.
Under no circumstances, including negligence, will WebQwest, or its
affiliates be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to use
the service, including but not limited to reliance on any information
obtained on the WebQwest service; or that result from mistakes,
omissions, interruptions, deletion of files or E-Mail, loss of or damage
to data, errors, defects, viruses, delays in operation, or transmission,
or any failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access to
WebQwest records, programs or services. You hereby acknowledge that this
provision will apply whether or not WebQwest is given notice of the
possibility of such damages and that this provision will apply to all
content, merchandise or services available from WebQwest or its
affiliates. the terms of this section shall survive any termination of
this agreement.
MODIFICATION OF TERMS
WebQwest reserves the right to modify this policy at any time and
without advance notice.
