Conditions of Acceptance and Agreement / Contract Terms:

 

  1. Customer agrees and understands that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability, reliability or performance of any hardware or software sold or provided to customer by West Central Net is made by the manufacturer of said product and set such product. West Central Net shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware, use of the internet and software, or interruption of such service for any cause. The liability of West Central Net for any cause shall never exceed the actual amount paid to West Central Net by the customer.
  2. Customer agrees and understands that West Central Net and agents have no control of information and services provided through the internet and the customer hereby expressly releases, holds harmless and agrees to indemnify West Central Net and Agents from any and every claim which might be made by any person by virtue of customer's access to and use of the internet.
  3. Customer agrees and understands that the internet is unrestricted and uncensored, and that certain material may be distasteful, and/or unsuitable for children. Customer agrees and understands that West Central Net has no control over other internet sites and that it is the customer's sole responsibility to prevent viewing of inappropriate material by children.
  4. By executing this agreement and/or using the system, the customer expressly agrees to abide by all system rules as published from time to time by West Central Net. Customer hereby acknowledges receipt of a current copy of the system rules in effect at the time of activation. System rules may be modified at any time by West Central Net, which such changes to be published on the West Central Net home page. Customer agrees to accept West Central Net's interpretation of all system rules.
  5. West Central Net agrees to use its best reasonable efforts to keep all electronic mail (email) messages private and confidential, and agrees that the customer is the sole owner of any email messages posted by customer to the system. In the event West Central Net reasonably believes customer is violating system rules, West Central Net may review customer's email. If it is determined that a violation has occurred, West Central Net may exercise the remedies provided in Section 6 of this agreement. Customer acknowledges and agrees that the recipients of email are under no obligation to keep it confidential, and Customer incoming and outgoing emails may be subject to review by governmental authorities pursuant to the Stored Communications Act, 18 USC ยงยง 2701-2712, or other laws.
  6. If West Central Net has reason to believe customer is in violation of any system rules, or is conducting any activities we believe harmful to West Central Net, the system, or other users, customer expressly agrees that West Central Net may exercise any and all of the following remedies:
    1. West Central Net may immediately terminate customer's access to the system, and shall have no obligation to return email or other files stored on the system
    2. West Central Net may report the matter to the proper authorities and fully cooperate in any official investigation
    3. West Central Net may exercise any other right, remedy, or action which is appropriate in view of the nature of the violation of system rules or other harmful activity.
  7. Customer agrees to pay for all services used in a timely manner, in accordance with West Central Net's billing policies. Customer agrees and understands that base service is billed one month in advance, and that any overages are billed one month in arrears
  8. Customer recognizes and acknowledges that any software provided by West Central Net for access to the system is copyrighted material, and that customer may not sell, give, transfer, or copy said software without the express written permission of the copyright holder and West Central Net.
  9. Customer acknowledges and agrees that any passwords issued by West Central Net for system access are for the sole use of customer, and that customer may not allow others to use his/her password to access the system. Violation of this article shall be cause for immediate termination of service.
  10. Customer may not resell any services purchased from West Central Net without the express written consent of West Central Net
  11. Customer agrees to all terms and conditions in the above application for West Central Net service.
  12. Customer hereby agrees and consents to the obtainment by WCN of any and all personal credit and/or financial information and does hereby agree and consent to WCN's use thereof for the purposes of waiving any security deposit or determining whether or not service to customer should be initiated or continued. Customer agrees to indemnify, hold harmless, and release WCN from any claim made as a result of the use and/or obtainment of such information. WCN reserves the right to charge a security deposit.
  13. Customer agrees he/she has read and agrees to all the terms and conditions shown on both the front and reverse side of this application for service.
  14. Acceptance of this application is at WCN's sole discretion and shall be evidenced by its duly authorized signature in the space provided heron.
  15. Upon acceptance by WCN, this Customer Service Agreement and any exhibits, riders, amendments, or supplements attached hereto shall constitute the entire agreement between customer and WCN, and shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties respecting the within subject matter.
  16. Customer assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing by customer.
  17. At the sole discretion of WCN, service may be commenced prior to or subsequent to the obtaining and verifying of credit and financial information as authorized herein. WCN reserves the right to demand a deposit and/or terminate service if, in the sole discretion of WCN, customer's credit or financial information proves unsatisfactory during the term of this agreement.
  18. Customer certifies and warrants that the information given in this application is true and correct.
  19. Prices charged for service under this agreement are subject to change without notice.
  20. No right or remedy herein conferred upon or reserved to WCN is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing law or equity, and may be enforced concurrently from time to time.
  21. Customer hereby waives and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay all charges due hereunder, regardless of any claim, defense or offset which may be exerted by customer or on customer's behalf.
  22. A delegation of any obligation hereunder by customer shall not relieve customer of said obligation
  23. No term or condition of this agreement may be waived or modified except by the written consent of WCN. Forbearance or indulgence by WCN in any regard whatsoever shall not constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults, whether of like or different character
  24. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address set forth in this agreement, by US mail, such address as the notified party may from time to time request in writing. Any notice mailed to such address shall be considered effective at the time of mailing.
  25. This agreement shall be construed under and in accordance with the laws of the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
  26. A service charge may be imposed for all returned checks, not to exceed the maximum amount allowed by law.
  27. WCN assumes no responsibility for interruptions of service caused by Acts of God, force majeure, catastrophe, etc
  28. 1.5% per month will be charged for all balanced not paid by the due date
  29. If service is suspended by WCN for nonpayment or other cause a $20 charge will be imposed at reactivation
  30. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivation, or plan changes.
  31. Customer assumes responsibility for any and all charges associated with the use of his/her account, including not limited to, charges relating to activity that violates the system rules. Customer assumes full responsibility for charges related to activity that violates system rules as a result of shared account information (sharing of an account login and/or password).
  32. Purchase of a web page is exclusive to the entity and it's subsidiaries only
  33. Subscriber shall properly care for the equipment and shall not suffer or permit any damage, removal, or alteration of equipment.
  34. Subscriber shall immediately notify West Central Net of any defect in or any damage, loss or theft involving the equipment.

 

System Rules:

  1. The system may not be used for any activity which may violate any criminal or civil laws. These include, but are not limited to, any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.
  2. The system may not be used to distribute mass unsolicited email containing commercial advertisements or to post commercial advertisement in inappropriate locations on the internet.
  3. The system may not be used to publish defamatory statement directed to or about other persons or entities on the internet.
  4. Customers must respect the conventions and rules of newsgroups, mailing lists, and other networks, even if those conventions and rules are more restrictive than WCN's
  5. The system may not be used to violate the copyright interest or other intellectual property interest of any person or entity. This includes, but is not limited to the distribution or sharing of copyrighted software in violation of the copyright holder's rights.
  6. Customers, including Home Page Customers, may not post any material to the system which obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.
  7. Because of limited system resources, customers will be automatically logged out after no longer than 15 minutes of inactivity.
  8. Use of any program or other automated device to keep a dial-up connection active is prohibited. WCN reserves the right to discontinue the service at its sole discretion and without prior notice to violators of this policy.
  9. The system may not be used in any manner that interferes with WCN's efficient operation of the system, provisions of services, or the ability of others to utilize the system in a reasonable manner. WCN may use various tools and techniques in order to efficiently manage the system and to ensure compliance with these System Rules. These tools and techniques may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user of the system may conduct at the same, time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other tools and techniques as WCN may from time to time determine.
  10. The system may not be used to breach or attempt to breach the security, the computer, the software or the data of any person or entity, including WCN, to circumvent the user authentication features or security of any host, network, or account, to use or distribute tools designed to compromise security, or to interfere with another's use of the system through the posting or transmission of a virus or other harmful item to deliberately overload or flood that entity's system.
  11. WCN reserves the right, in its sole discretion, to provide the level of security it deems appropriate to safeguard the system, its customers, and other Internet users against any threats or abuses, including viruses, spam and phishing threats. These security measures may include but not be limited to, the use of firewalls and block lists to block potentially harmful emails or attachments, anti-spam filters, anti-virus and anti-spamware, and blocking software. Such activities may result in the blocking, filtering or non-delivery of legitimate email sent to or from your email account. By using the system, you agree that delivery and receipt of email is not guaranteed and to WCN's use of such Internet and email security measures that WCN, in its sole discretion, deems to be appropriate.