Texas ISP
Terms and Conditions of Use

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Unlimited Terms #1 "10.8"
Unlimited Terms #2 "Agreement"

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TERMS OF SERVICE

1.0  BILLING

1.1   In Consideration of services rendered and to be rendered, the Customer guarantees the payment of all charges incurred by the Customer(s) for services provided by Texas ISP in accordance with the terms and conditions contained in the applicable tariffs on file with the FCC or where appropriate, the regulatory agency having jurisdiction.

1.2   The Customer further agrees that said account and all future charges will be paid on or before the 1st day of each month excluding pre-approved agreements made by the Customer and Texas ISP.   Charges are rendered on the 20th day of each month and are considered delinquent after 30 days and may be assessed a late charge of 1.5% per month or the maximum allowed by state usury laws not to exceed 1.5% per month.   A $5.00 Administration Fee will be added to any account becoming delinquent. A delinquent account may be temporarily suspended from use until the charges have been paid.

1.3   In case of errors or questions about a bill, the Customer is to refer queries as soon as possible to our corporate offices in Breckenridge, Texas.   The Customer must respond no later than 10 days from the billing date of the first bill on which the problem or error appeared.   After this time, Texas ISP will consider the bill to be correct.

1.4   If the account becomes delinquent and it becomes necessary to forward this account to an attorney/collection agency for collection, the Customer agrees to pay an attorney's/collection agency fee for the handling of same at a fixed rate of 25% of the amount due with a minimum of $75 (Seventy-five Dollars) plus all other costs for collection including court costs.

2.0   TERMINATION OF SERVICE

2.1   Texas ISP reserves the right to terminate all services to any customer with an account, should any such account become delinquent and are not paid within 30 days of any billing due date.   Accounts include but are not limited to parent, subsidiary, and affiliated corporations; individuals and partnerships; individuals and sole proprietorships; and any other entities to which there is any direct or indirect connection between the account and the said Texas ISP..

2.2   Customer understands that Texas ISP reserves the right to terminate any account for any reason and at any time.   Customer's sole remedy is to receive a refund for prepaid but unused services. Texas ISP also as listed below, can discontinue service to any of its customer

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3.0   CANCELLATION OF SERVICE

3.1   The Customer additionally agrees to provide Texas ISP with 30 days written notice of cancellation at its corporate address at 123 South Breckenridge Ave. Breckenridge Texas 76424. Notice may also be given by email to administration@texasisp.com or by phone at 254 559 5559.  Any current charges will remain due regardless of cancellation.

4.0 PASSWORD

4.1   The Customer will be provided with or will select an identification code (username) and confidential password for customer's exclusive use.   The customer account is intended to be a single-user account.   Customer agrees to pay and be responsible for, upon receipt of each monthly statement, all usage of this identification code.

4.2   The Customer understands that, while Texas ISP makes every effort to maintain the security of its machines and passwords, Texas ISP is not liable if Customer's username and/or password is compromised.   Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters.  Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account.   Under no circumstances is Texas ISP liable for the actions taken by a compromised account.

4.3   The Customer understands that Texas ISP does not maintain a record of existing passwords.   If the Customer forgets his/her password, the only recourse will be for Texas ISP to issue a new password upon verification of the caller's identity.

5.0   USING ACCOUNT FOR ILLEGAL PURPOSES

5.1   Texas ISP services and accounts may only be used for lawful purposes.   Use of an Texas ISP account or service in an illegal manner is grounds for immediate termination.   Customer agrees to hold harmless and indemnify Texas ISP against any claims or charges that arise from Customer's use of Texas ISP services and/or accounts.

5.2   Use of an Texas ISP account to gain passwords, encryption codes, or other security information of Texas ISP or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities.   Use of an Texas ISP account to break into an Texas ISP or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.

6.0 ELECTRONIC MAIL

6.1   While Texas ISP does not in any way monitor the content of any Customer's e-mail, Usenet postings, downloads, etc., the Customer acknowledges that Texas ISP has the right to monitor user activity if said activity is adversely impacting Texas ISP services and/or another site.   Texas ISP will not, however, disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.

6.2   Texas ISP reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance.   Further, Customer acknowledges that Texas ISP has the right to kill any mail processes being run by the Customer that are adversely affecting system performance.   In these and all instances of system performance being affected, Texas ISP is the sole judge of what is adverse.

7.0 SECURITY

7.1   Information transmitted over the Internet and/or other computer networks is generally not considered to be secure.   While Texas ISP respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that Texas ISP can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at Texas ISP or on any network.

8.0 SERVICE QUALITY

8.1   Texas ISP makes no warranty of its service and availability.   While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees are made as to any account, product, or service offered by Texas ISP.   In addition, Texas ISP makes no warranty of Customer transmissions, connections, downloads, etc.   Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by Texas ISP or a Customer, and agrees that Texas ISP shall not be liable for any or all of same.

8.2   The Customer agrees to indemnify and hold Texas ISP wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of Texas ISP, with the exception of willful misconduct or omissions of Texas ISP.

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9.0 NETIQUETTE

9.1   Customer agrees to abide by the generally accepted rules of netiquette and the acceptable use policies of any networks or services accessed while using Texas ISP.   It is the responsibility of the Customer to familiarize himself/herself with these rules if he or she is not already cognizant of them.   Violations of said rules and policies may be grounds for termination of Customer's account with Texas ISP, with Customer agreeing to abide by Texas ISP's interpretation of the above.

9.2   Netiquette violations that may result in the termination of Customer's account include, but are not limited to, the following:

a.   Using an Texas ISP mail server to 'mail bomb' users/sites on the net.   Mail bombing in this sense refers to sending very large and/or very many messages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.

b.   Sending unsolicited e-mail which provoke complaints from the recipient(s).

c.   Posting a single article or substantially similar articles to an excessive number of newsgroups (e.g., more than 10) which provoke complaints.

d.   Continued harassment of other users, whether Texas ISP or not, after being asked to stop the correspondence by both the recipient and Texas ISP.

e.   Sending mass e-mail (e.g., more than 20 recipients) that provokes complaints to Texas ISP, or sending such mail of such a large volume or size that it adversely affects an Texas ISP mail server.

f.   Posting and/or e-mailing pyramid schemes and/or chain letters to any newsgroup, mailing list, or individual.

g.   Making repeated off-topic posts that generate complaints to Texas ISP.   While Texas ISP does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each newsgroup and will respond to complaints of repeated charter violations.

h.   Engaging in any of the above from another provider and referencing an Texas ISP mail account or WWW page in the message.

i.   Running bots or other automated processes on any IRC server, whether said server is run by Texas ISP or not.

j.   Harassing other IRC users, whether by kicking them off a channel, mass messaging, or other means.

k.   Impersonating another user and/or forging header information on e-mail or posts.

l.   Using a server of Texas ISP or another site to exchange, store, and/or facilitate usage of pirated software or software designed to facilitate piracy.

m.   Using a server of Texas ISP to distribute instructions on "hacking" into computer systems, creating viruses, or interfering with telephone services.

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10.0   MISCELLANEOUS

10.1   Texas ISP reserves the right to change this agreement at any time.   Notice of change will be posted in the Message of the Day section of the Texas ISP Web site, as well in the weekly e-mail newsletter.   By using any Texas ISP services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.

10.2   By making use of an Texas ISP account, the Customer certifies to Texas ISP that he or she is eighteen (18) years of age or older.   If the Customer allows an individual under eighteen years of age to access the Internet from Customer's Texas ISP account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify Texas ISP for any claims or charges that arise from said minor's use of service.

10.3   Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature.   Customer accesses such information at his or her own risk, and understands that Texas ISP has no way to limit access to this type of material located on the servers of other providers.   Customer understands that Texas ISP reserves the right to remove from its servers any material that Texas ISP management deems to be objectionable.   Customer will be notified by e-mail at the time the material is removed.   Repeated portrayal of objectionable material on Texas ISP servers will be grounds for termination of the user account.

10.4   The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her Texas ISP account.   The Customer indemnifies Texas ISP against any and all claims or charges relating to the information Customer can or does access while using his/her Texas ISP account.

10.5   Personal home page areas may not be used for commercial or organizational purposes.   If the user wishes to advertise product(s) or service(s), Web space must be rented.   Violations of this policy will result in the customer being charged for the advertising.   Commercial and Organizational purposes are defined as being any type of advertising for profit.   Non-profit organizations such as public schools, churches, etc. are not included in this definition.

10.6   Customer shall not intentionally allow unauthorized connections to Texas ISP, unauthorized reselling of Texas ISP services, or the solicitation of Texas ISP users to become subscribers of other on-line information services, nor shall Customer in any way duplicate any Texas ISP materials, advertising, brochures, pamphlets and the like or any other information which is proprietary to Texas ISP.

10.7   Texas ISP reserves the right to direct a customer to remove any program, process, or technique from a Web site that causes excessive utilization of Texas ISP bandwidth or resources.

10.8    Texas ISP provides a class of dial-up service with unlimited normal usage.   Unlimited normal usage does NOT mean unlimited connection.   Customer agrees not to provide any public information services over this connection, not to use any automatic or electronic method to avoid inactivity disconnect, and to keep the connection active only when actively using it.

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User Account

Account Holder Name _____________________________User Name_________________

The account holder agrees to pay Texas ISP the per month charges, plus tax, for services rendered. The access charges may be modified at any time upon giving 30 days prior e-mail notice to account holder. This is a single user, personal account, it is the responsibility of the account holder to keep their account password private. Accounts are due on the 1^st of each month, a five dollar late fee applied to the account if not paid by the 5^th .

This agreement shall become effective on the date Account Holder first accesses the Internet and shall continue in force until terminated by either party upon at least 30 days prior e-mail notice of termination to the other party. Either Account holder or Texas ISP may terminate this agreement in whole or in part, by furnishing 30 days prior e-mail notice to the other. For the calendar month in which such termination becomes effective, account holder shall pay the accrued charges under the applicable schedule or schedules or the full minimum, if any, whichever is greater.

Texas ISP has no control of the content of any material or information that is passed through the Internet. Texas ISP makes no warranties of any kind, whether expressed or implied, for the service it is providing or software. Texas ISP will not be held responsible for any possible damage suffered by the account owner to their equipment. This includes loss of data resulting from software installations, delay, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or that of the account owner. Account Holder is granted a non-exclusive, non-transferable, limited license to access the Internet services available through Texas ISP, solely in the regular course of research and related work and subject to the average consumers usage. Use of any information obtained via Texas ISP is at the account owner's risk. Texas ISP specifically denies any responsibility for the accuracy or quality of information through its services or software. Texas ISP may be used for lawful purposes only. Any transmission of any material in violation of US or state regulations is prohibited.

Any notice required or permitted to be given under this agreement shall be deemed properly given at the time it is e-mailed to the e-mail address of the other party. Account Holder acknowledges having read this agreement, including all printed language, understands it, and agrees to be bound by its terms, and additionally agrees that it constitutes the entire agreement between the parties and, except to the extent that they may be expressly incorporated, supersedes all proposals, oral and written, and all negotiations, conversations, or discussions previously and between the parties related to the subject matter of this agreement.

Texas ISP SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCOUNT HOLDER'S EXCLUSIVE REMEDY AND Texas ISP'S ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO Texas ISP WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF Texas ISP CHARGES PAID BY ACCOUNT HOLDER RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIM(S) RELATING IN ANY WAY TO (i) ACCOUNT HOLDER INABILITY OR FAILURE TO ACCESS THE INTERNET, OR (ii) ANY LOST PROFITS OR OTHER SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO ACCOUNT HOLDERS RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, Texas ISP'S SERVICES, EVEN IF Texas ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FURTHER Texas ISP SHALL HAVE NO LIABILITY WHATSOEVER TO ACCOUNT HOLDER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY SERVICE.

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