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DialPCE Internet Service
Terms of Service Agreement
All provisions of DialPCE’s Internet Service Agreement (“Agreement”) apply to the Customer’s Principal Account and Associate Accounts billed to the Principal Account.
The benefits of or rights conferred by this agreement are non-transferable. Use of DialPCE’s accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
The Customer agrees to use the service in a manner consistent with any and all applicable laws.
The Customer agrees to follow the Acceptable Use Policy (“AUP”) of any network the Customer connects to including DialPCE’s system.
Any Customer less than 18 years of age, a parent or legal guardian, who is responsible for all charges related to use of the Customer’s account(s), must sign The Agreement.
Use of DialPCE for advertising or promotion of a commercial product or service without the express, written consent of DialPCE is prohibited unless you have purchased a Business Internet Account.
The Customer is responsible for all use of their account(s) and confidentiality of password(s). DialPCE will suspend access or change access to the Customer’s account(s) within a reasonable time upon written notification by the Customer that his/her password has been lost, stolen or otherwise compromised.
The Customer is responsible for all local or long-distance telephone charges for connecting to DialPCE. Dialup numbers supplied to the Customer by DialPCE should be accurate, but it remains the Customers responsibility to verify that the phone number given is actually a local phone number for that customer.
The customer agrees to pay DialPCE all charges relating to the use of the Customer’s account(s) according to rates and prices published on-line at the time the service is used is also responsible for monthly storage charges as described on-line(if applicable). Prices may be found in the DialPCE web server, or by e-mailing info@dialpce.com. Use of the system shall be conclusive acceptance and agreement of the rates, prices and storage charges published on-line whether or not the Customer may take steps to verify such prices prior to use.
Should the Customer pre-pay for service and cancel at a later date, DialPCE Internet will not refund any unused portion of the pre-payment unless DialPCE Internet was unable to provide service to the customers original location of service in excess of seven business days due to problems internal of DialPCE. DialPCE will refund for unused service if for any reason we are unable to continue to provide service in the Customers area.
Customer’s unable to access the Internet due to computer difficulties is not the fault of DialPCE and it is the Customer’s responsibilities to keep their Computer maintained. DialPCE will not refund any portion of the contract due to Customer Computer problems.
DialPCE does not sell service in increments of less than one (1) month. The Customer is responsible for paying for a full month service even if they have not used it due to, but not excluding, being out of town, on vacation, or for any other reason.
DialPCE can and will put a Customers account on hold, if so desired by the customer, should the customer wish to not use the service for an extended period of time (>4 weeks). It is the Customers responsibility to notify DialPCE that the Customer wants their account to be placed on hold. DialPCE will only offer a time credit to Customers who notify DialPCE in writing and who are placing their account on hold for at least four (4) weeks.
When the Customer asks for a less expensive rate by paying for a longer period of service time, the Customer is entering into a contract (expressed verbally or written) to provide service for a guaranteed period of time at a reduced rate. Termination of service by the Customer does not entitle the Customer to a refund of the balanced of the unused portion of the agreement. However, an early termination fee of $25.00 will apply
The Customer is responsible to notify DialPCE Internet in writing to request termination of services prior to the Customer,s service expiration date (not after). If the DialPCE is notified after the Customer’s service expiration date, the Customer is responsible for any service fees incurred. Termination of service requests received prior to expiration date will remain in affect until the service expiration date regardless of date of termination.
The Customer is responsible to pay any amount due to DialPCE Internet upon cancellation of service. Any fees not paid within thirty (30) days will be turned over to a Collection Agency. Customer is liable to pay any attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on Customer’s account.
Service is provided to you on a month-to-month basis. DialPCE must receive written notice of termination (which may be by first-class mail or e-mail) from you at least 5 days prior to your expiration date or the Service will be provided and charged to you for the following month.
Customers will be put on hold without notice by DialPCE Internet when their account is ten (10) days past the due date unless prior arrangements have been made.
New customers are responsible to pay their first months bill including setup fee, if applicable, within ten (10) days of activation of their account. Failure to make payment within the agreed upon time frame may result in disruption of service.
DialPCE Internet charges $5.00 for accounts that exceed their due date. If DialPCE must interrupt your service due to non-payment the Customers account will be assessed a $10.00 reactivation fee.
Customers are encouraged to pay at time of service. Customer’s paying by credit card are subject to credit limits. Limits are set at the sole discretion of DialPCE. If for any reason, but not limited to, we are unable to run your credit card due to change in expiration date, etc., DialPCE reserves the right to charge your credit card, at a later date, for all fees owing on the Customer’s account.
DialPCE reserves the right, in its sole discretion, to suspend access to service for the Customer’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
DialPCE reserves the right to change prices on thirty (30) days notice published on-line and or by billing statements.
Customer’s who purchase computer componets or who have any type of agreement for computer, computer parts, etc. and wish these costs to appear on their monthly Internet invoice agree to pay all applicable taxes and fees.
Any checks returned by the issuing institution will be charged a processing fee of $29.00. Any billing refused or charged-back by your credit card company or issuing bank will result in a handling charge of $29.00
DialPCE service is provided on an “as is, as available” basis. No warrantees, expressed or implied, including, but not limited to, those of merchant ability or fitness for a particular purpose, are made with respect to DialPCE or any information or software therein. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by DialPCE or its providers. DialPCE does not warrant that the Service will be error-free or free of any viruses, worms, spam, pop-ups or other harmful components. DialPCE does not warrant that any data or files Customer sends or receives via the Internet Service will be free from aunauthorized access by others or that other users will be unable to gain acess to Customer’s computer.
Customer acknowledges and understands that DialPCE utilizes anti-spam and anti-virus software on DialPCE’s servers and that such security technology is a feature of the Service that may block incoming and outgoing electronic mail. DialPCE does not warrant that such feature will block all unwanted mail/spam/viruses. DialPCE does not warrant this feature is error-free.
Customer agrees that DialPCE will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, such as, but not limited to, denial of use of towers, poles, or facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.
DialPCE nor its Information Providers are responsible for any damages arising from the Customer’s use of DialPCE or by the Customer’s use of DialPCE or by the Customer’s inability to use DialPCE service.
DialPCE reserves the right to change, without notice, the DialPCE service, including, but not limited to, access procedures, hours of operation (including tech support), menu structures, commands, documentation, vendors and services offered.
DialPCE is not responsible for the Customer’s personal files residing on DialPCE. The Customer is responsible for independent backup of data stored on DialPCE Web Server.
DialPCE reserves the right, in its sole discretion, to delete the customer’s personal files after one or both parties terminates agreement.
DialPCE reserves the right, in its sole discretion, to remove any information entered into DialPCE by the Customer. If these measures are taken, the Customer will receive timely notification of any changes made to the customer’s information. DialPCE and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Customer hereby agrees that any material submitted for publication on DialPCE through Customer’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, indecent or libelous.
DialPCE, at its sole business judgment, may terminate this membership Agreement immediately or suspend the customer’s access to the service upon any breach of this membership Agreement by customer, including, but not limited to refusal or failure to pay for services provided or by sole judgment of DialPCE that Customer may be performing activities harmful to DialPCE or its customers, employees, vendors, business relationships or any other Customers of the internet. Upon termination, no further charges will be made to Customer’s credit card, and the customer may reapply for membership, although DialPCE reserves the right in its sloe discretion to accept or deny such application.
Due to the public nature of the Internet, all email, is considered publicly accessible and important information should be treated carefully. DialPCE is not liable for protection or privacy of electronic mail and information transferred through the Internet. DialPCE reserves the right to terminate access to service for any Customer account that has been inactive for two (2) months.
Use of distribution lists via electronic mail or other mass electronic mailings is subject to approval by DialPCE.
This Agreement shall be governed by the laws of the State of Michigan.
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of attorneys’ fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
DialPCE Internet may modify, append, or delete these terms and conditions at anytime and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this policy may be given by posting such changes to DialPCE’s homepage (www.DialPCE.com), via billing statements conventional mail or email.
Customer holds sole responsibility for reading DialPCE Terms of Agreement.
Non-enforcement of any section of this Agreement does not constitute consent and DialPCE reserves the right to enforce this Agreement at its sloe discretion.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, customer’s and DialPCE’s agreement on all other paragraphs shall remain valid.
DialPCE Internet maintains control and any ownership of all I.P. addresses and reserves in its sole discretion the right to change or remove any and all I.P. addresses.
DialPCE Internet reserves the right to charge for incoming and/or outgoing electronic mail if the volume for a single Customer exceeds ten (10) megabytes or five thousand (5000) messages per month.
Internet access service provided to the Customer is being provided solely for use in the Customer’s business/home. Any unauthorized access by a third party to e-mail, internet, or any other function of the service, intended for the said Customer, is in violation of this policy and relieves DialPCE of any affirmative obligations it may have. The Customer will not resell, redistribute or allow others to resell, redistribute access to service in way except as expressed as the service being contracted. DialPCE reserves the right to disconnect or reclassify the service for failure to comply with any portion of this provision or this policy. Upon breach of this agreement Customer agrees to indemnify and hold harmless DialPCE from any claims brought against DialPCE related to Customer’s use of the Service or the violation of the Acceptable Use Policy or any Privacy Policy. Customer agrees to pay any attorneys’ fees incurred by DialPCE in bringing any action related to the Service or the breach of the Terms of Service.
Customer is asked to read the Terms of Service statement. Using DialPCE Internet Service, customer agrees to the terms of the Terms of Service Agreement.
Reviewed/revised June 21, 2005
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