WestPA.net Terms
of Service
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 charge 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.
- Providing
information such as user name or password which enables
unauthorized access to an email account will be considered
spamming. WestPa.net reserves the right to immediately
suspend or cancel any and all WestPa.net user accounts
or email accounts which might be compromised. WestPa.net
will NEVER request Customer username or password via
email
- Falsifying
any information provided to WestPA.net.
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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.
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Right
Now!


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