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Customer's initial use of the WestPA.net service indicates agreement with all of the Terms of Service included in this document. If you have just signed up and do not agree to these Terms of Service you can terminate your service and receive a complete refund within 5 business days of your signup. Otherwise, your service fee will be refunded on a pro-rated basis. These Terms of Service are subject to change by WestPA.net at any time. Check this
webpage for updates.
This agreement represents the entire agreement between WestPAnet, Inc. (hereinafter called WestPA.net) and the customer. WestPA.net reserves the right to modify these
Terms at any time. You agree to use WestPA.net in a manner consistent with any and all applicable laws and regulations as well as WestPA.net
Terms of Service.
The customer is responsible for any and all telephone charges incurred while connecting to WestPA.net. Any disputes regarding telephone charges are strictly between the customer and their phone company / long distance service provider.
Billing, Refunds and Payments
Your subscription payment is due on the
date indicated on your bill. WestPA.net reserves the right to
suspend access to WestPA.net for your account(s) without notice,
upon rejection of your credit card, insufficient funds, or
non-payment if your payment is not received within 5 days after
your payment is due. There will be a $5 fee charged for
reactivation. Customer e-mail, web site and username will be
eliminated at the discretion of WestPA.net for customers that do
not reactivate.
All WestPA.net plans have a 5
business day, money-back guarantee, when you first sign up. In
the first 5 days you can decide whether or not our service meets
your needs. During that period you can cancel and get a full
refund by calling during our normal business hours.
With our monthly, 3 monthly and 6 monthly plans you can
cancel at any time. If you want to cancel your account you must
contact us on or before the date you wish to cancel. If you
cancel your account prior to the end of a subscription plan, you
will receive a refund based on the unused portion. Due to the
costs involved we will not mail refunds for less than $5.00.
If you want to cancel your account you
must contact us in person or via telephone on or before the date
you wish to cancel. (Email cancellations will not be accepted
because we cannot verify the sender’s identity.)
For the annual plan, due to the low
rate, there will be no refunds for any
reason after the initial 5 day period (5 day only
applies to new customers). Therefore, you should select your
plan based not only on your finances but based on how long you
plan to use the service. Obviously do not select an annual plan
if you are intending to move out of our area in 3 months.
Any subscription plan can be placed "on hold" by calling our
office. The purpose of on hold is to allow you to maintain your
email account while away for an extended period. An account can be
put on hold for periods of no less than 1 month. Putting your
account on hold is free on all plans except the annual plan which
costs $5.00.
Confidentiality
WestPA.net believes in your privacy. We do not monitor customer e-mail or activities. We do NOT sell or release your personal information to third parties! You have given us your trust and we won't make money selling your address to others.
Information regarding your credit card or bank account numbers will not be used or disclosed other than for the purposes for which such information was collected, or as required by law.
Unacceptable Customer Practices
WestPA.net provides dialup modem connections and other services appropriate
for general consumer use. As with all Internet services, the use of our
equipment is shared among all subscribers. The operation of ftp servers,
chat servers, or other elements entailing a dedicated use of our equipment
is prohibited using a standard dialup connection. To ensure the security of
our systems and the availability of these services to all subscribers, we
impose a mandatory disconnect after 8 continuous hours of use. You may
immediately reconnect, thereby being assigned a different IP number. We
consider usage in excess of 18 hours per day to be excessive.
Dedicated connections are available at additional cost.
The following actions are strictly prohibited and are grounds for immediate termination of your account:
- Using your WestPA.net account or e-mail sent from or through the WestPA.net system to harass, threaten or interfere with any other user.
- Committing, or discussing with the intention to commit, illegal activities.
- Transmission or maintenance on any WestPA.net servers, material, information or software in violation of any local, state or federal law.
- Attempting to gain unauthorized access to any part of the WestPA.net system or in any way tampering without permission. Violators will be prosecuted to the fullest extent of the law.
- Spamming - We define spamming as sending the same unsolicited email to more than twenty-five (25) email recipients.
- Falsifying any information provided to WestPA.net.
WestPA.net reserves the right to remove material from our servers that WestPA.net deems objectionable.
Whenever appropriate WestPA.net will attempt
to give notice of a violation to allow the offending party to remedy
the problem prior to action. However, WestPA.net reserves the right
to take whatever immediate action our personnel deem necessary. Violations of
these Terms may result in filtering, blocked access, termination of service(s)
or other appropriate actions as solely determined by WestPA.net.
Refunds or credits are not issued in connection with any action
resulting from violations of these Terms.
Customer agrees to indemnify WestPA.net for any losses, costs,
damages, or attorneys' fees incurred by WestPA.net and relating
to, or arising out of your breach of this section. Nothing
contained in these Terms of Service shall be construed to limit WestPA.net 's actions or remedies in any way.
Anti-virus
We expect that our customers will use suitable virus scanning software to
prevent the spread of computer related viruses. Viruses are typically
spread through email, the methods they use vary, however many virus
spreading email messages are returned to the postmaster@westpa.net as
undeliverable. These email messages contain tracing information that
permits WestPA.net to determine who's computer has sent these messages. If we determine that your computer is sending viruses, we will notify you
via email. Once notified, you will have 24 hours to fully scan your system
and eradicate the offending virus. Should we determine that you have not
performed this necessary function, we will suspend your dialup account until
such time as you can assure us that you have removed the virus. We do
provide assistance via telephone as well as provide free virus scanning
software.
Disclaimer of Warranty WestPA.net services are provided on an "as available" basis. WestPA.net does not make any warranties, express or implied, nor guarantee or imply that the operation of WestPA.net will be uninterrupted or error-free or that defects in WestPA.net will be corrected.
No oral or written information or advice given by WestPA.net or its authorized dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty.
Limitation of Liability In no event will WestPA.net be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of Business profits, Business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the WestPA.net services, or information or software contained on WestPA.net computers or transmitted through WestPA.net 's network, even if WestPA.net or its authorized representatives have been advised of the possibility of such damages. WestPA.net 's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be strictly limited to the service fees paid to WestPA.net by you or on your behalf for the period in which the damages occurred.
Updated: 1/14/2004 |
