ESI "TERM OF AGREEMENT"
Read This Internet Service Agreement Carefully Before Using Our Internet Services.
Electronic Solutions, Inc. provides its Internet services, as they may exist from time to time (“Services”), to users who pay a 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.
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.
2. 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. Electronic Solutions, Inc. 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 Electronic Solutions, Inc.’s Services are posted throughout our website at www.esinc.net rates may also be obtained by calling 336 597-2433. Electronic Solutions, Inc. reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
Members must (I) provide Electronic Solutions, Inc. with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Electronic Solutions, Inc. 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 Electronic Solutions, Inc.’s Customer Service Department at (336)597-4029. 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 or debit cards, as applicable, each month for the basic service and any additional usage or services. Electronic Solutions, Inc. is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Electronic Solutions, Inc..
If paying by check, payments are due within 10 days after the month in which the charges are incurred.
If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
If you purchase Services through a reseller who in turns pays Electronic Solutions, Inc., the reseller must pay all amounts owing for your account. If the reseller fails to pay Electronic Solutions, Inc. any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
Delinquent accounts may be suspended or canceled at Electronic Solutions, Inc.’s sole discretion; however, charges will continue to accrue until the account is canceled. Electronic Solutions, Inc. may bill an additional charge to reinstate a suspended account.
Electronic Solutions, Inc. bills for simultaneous logins on an account. This means that multiple users dialing into the same account, at the same time will incur additional charges. Please note that you are responsible for recognizing when more than one person is logged in at the same time.
4. 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 Electronic Solutions, Inc. 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 Electronic Solutions, Inc. immediately upon discovering any unauthorized use of your account. Access lines are monitored and the phone number that is being used to access the internet is logged with the users ID. Any misuse of services will be tracked to the originating phone number.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 2MB in size may, at Electronic Solutions, Inc.’s discretion, be transferred to a compressed temporary file or storage. Electronic Solutions, Inc. may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding 6MB may be suspended until the Member reduces the disk space usage to 6MB or less or purchases additional megabytes. Any free Web site exceeding 250MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling (336) 597-4029.
E-mails left in the users box over 60 days will be considered dead and will be deleted from the server.
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.
Unlimited Access is a term used for allowing customers to access the internet at will 24/7. This does not mean or imply that the user can maintain a "nailed" or full time connection without interruption when paying for "unlimited access". If a "nailed" or full time on connection is desired, then contact us for rates. We reserve the right to disconnect the "unlimited access" user based on idle time or continuous length of connection.
Maximum Monthly Usage is a term used to measure hours on line during a month. All accounts other than "dedicated access" or "Nailed connection" are monitored for usage during the month. Accounts that exceed 150 hour per month may be advised to upgrade to a "nailed connection" or limit time to less than 150 hours. Users that fail to abide by this guideline may be disconnected, time limited access or service terminated if not in compliance.
Electronic Solutions, Inc. may change its POP numbers at any time. Electronic Solutions, Inc. 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 Electronic Solutions, Inc.’s property and Electronic Solutions, Inc. may alter or replace them at any time.
5. MONITORING THE SERVICES.
Electronic Solutions, Inc. has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Electronic Solutions, Inc., 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. Electronic Solutions, Inc. may immediately remove your material or information from Electronic Solutions, Inc.’s servers, in whole or in part, which Electronic Solutions, Inc., in its sole and absolute discretion, determines to infringe another’s property rights or to violate our acceptable use policy.
We will not allow our users to perform any illegal activities while using our internet service. This includes "port scanning", illegal and unauthorized access to other computer systems, pornography, illegal solicitations, hacking, virus dissemination or any other activity that is either punishable by law or a non-professional business activity. These actions will result in discontinued service with no refund of payments made. We will also inform any authorities that may have been affected by the illegal activities. We will pursue all avenues in the prosecution of offenders to the extent of Federal law allows. Be aware that most offensives committed on the internet are handled by the FBI.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ELECTRONIC SOLUTIONS, INC., ELECTRONIC SOLUTIONS, INC. 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. ELECTRONIC SOLUTIONS, INC. 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. ELECTRONIC SOLUTIONS, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELECTRONIC SOLUTIONS, INC. 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 ELECTRONIC SOLUTIONS, INC. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ELECTRONIC SOLUTIONS, INC. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ELECTRONIC SOLUTIONS, INC. 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, ELECTRONIC SOLUTIONS, INC.’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. SPAMMING OF OUR MAIL SERVERS WILL NOT BE TOLERATED. USERS ABUSING OUR MAIL SERVER FOR THE DELIVERY OF SPAM OR PORNOGRAPHIC MATERIAL WILL BE TERMINATED IMMEDIATELY WITHOUT REFUND OF PAYMENT.
7. SOFTWARE LICENSE.
Electronic Solutions, Inc. grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Electronic Solutions, Inc. access software (including software from third-party vendors that Electronic Solutions, Inc. 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. Electronic Solutions, Inc. 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 Electronic Solutions, Inc. and Electronic Solutions, Inc.’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 Electronic Solutions, Inc. and Electronic Solutions, Inc.’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.
8. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain “Electronic Solutions, Inc..com”, “Electronic Solutions, Inc..net”, "esinc.net", “roxboro.net" or any other site operated by Electronic Solutions, Inc. (the "Web site") is a complimentary information service offered by Electronic Solutions, Inc. 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 “Electronic Solutions, Inc..com”, “Electronic Solutions, Inc..net”, "esinc.net" or "roxboro.net" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Electronic Solutions, Inc. 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 "Electronic Solutions, Inc.", (b) the link must "point" to the URL "http://www.esinc.net" " or "www.roxboro.net" 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 Electronic Solutions, Inc. , (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) Electronic Solutions, Inc. 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 Electronic Solutions, Inc..
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Electronic Solutions, Inc.. Electronic Solutions, Inc. assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Electronic Solutions, Inc. harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Electronic Solutions, Inc. from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Electronic Solutions, Inc. will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to Electronic Solutions, Inc. to use on the Web site will be deemed to be a grant by you to Electronic Solutions, Inc. of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .
8.A. Anti Spam Policy and Emails
ESI provides permission-based email management and delivery services (through ESINC.NET) for clients who own their own lists of customers, members, employees or other people who have given the client permission to send email to them.
ESI will not, under any circumstances, tolerate the use of its email delivery systems to send unsolicited email (SPAM). ESI and ESINC.net WebMail will only support permission-based email marketing campaigns. That means that every recipient in a client's list must have given his or her permission to receive email from the client. ESI has a zero-tolerance policy and will immediately terminate the account of any client sending SPAM. This policy is designed to protect the integrity of the ESI and the ESI WebMail platform for all of their clients with legitimate permission-based lists.
ESI explains to all prospective clients the anti-spam policy.
At the bottom of each email on a list, should be an unsubscribe link. Use of this link is the only way to insure proper removal from an email list. You will get a confirmation screen which will display your removal. Replying to an email with UNSUBSCRIBE or REMOVE will not guarantee removal, since ESI does not have control over the manual removal.
Once a recipient has unsubscribed using the unsubscription method explained in all emails, ESI policy prohibits a client from contacting that email address unless it is to confirm the unsubscribe request.
ESI does not permit the rental or sale of any lists of any type or description.
9. 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.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Electronic Solutions, Inc. by:
registered or certified mail, return receipt requested addressed to Electronic Solutions, Inc. Inc., P.O. Box 937, Roxboro, NC 27573, or
telephone calls directed to 336 597-4029.
Email termination of your basic Internet access account will not be accepted. To terminate Web Hosting and/or Business Services, you must call (336) 597-2433. Your termination will only be complete upon your receipt of a cancellation confirmation from Electronic Solutions, Inc.. 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 Electronic Solutions, Inc.’s servers, anything stored on this space will be deleted upon termination.
Without prior notice, Electronic Solutions, Inc. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Electronic Solutions, Inc., 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. Electronic Solutions, Inc. 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.
Refunds will only occur during the first 30 days of service due to the customer not being able to get on-line due to technical difficulties. There may be extenuating circumstances that we may alter this procedure. If you feel you have extenuating circumstances such as death, please contact the owners in writing stating your case. If we do accept an extenuating circumstance, we will revert back to our monthly rate for calculating usage and fees due. There will be a $10 administrative charge subtracted from your refund if approved. If the customer has died, proof should be provided to us to insure fraud is not taking place on someone's account. You should verify the customer's mailing address and provide us with a mailing address to send the check to. If your credit card has already been charged for the next billing cycle which occurs 1-2 days prior to the service period, we will not refund the credit card payment. It is your responsibility to properly notify us prior to the billing cycle to prevent charges to your credit card.
This Agreement is governed by North Carolina law without regard to conflict of law provisions.
The federal and state courts located in North Carolina 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 North Carolina with respect to such matters or otherwise between you and Electronic Solutions, Inc., and waive your rights to removal or consent to removal.
Electronic Solutions, Inc. 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 Electronic Solutions, Inc.'s Web site (http://www.esinc.net) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
13. NETWORK OPENNESS
Electronic Solutions, Inc. ascribes to the FCC's Internet Policy Statement involving openness of networks. To ensure that broadband networks are widely deployed, open, affordable, and accessible to all consumers, we adopt the following principles:
To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet,
- consumers are entitled to access the lawful Internet content of their choice.
- consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.
- consumers are entitled to connect their choice of legal devices that do not harm the network.
- consumers are entitled to competition among network providers, application and service providers, and content providers.