Internet America, Inc.

Usage Policy  and Terms and Conditions

General Description

This Usage Policy / Terms and Conditions document specifies our policy for both the Active Unlimited Dial-Up accounts  and all other service account types.

Refunds
Internet America and Salisbury.Net has a No Refund on pre-paid Internet Services.  As per your contract, you are responsible for keeping up with our Usage Policy and Terms and Conditions.  If any refund is warranted, there will be a $25.00 administrative free due.

Active Unlimited Usage Accounts
Internet America Active Unlimited Accounts are for those individuals who want to take the "guess work" out of their Internet Service billing. By charging one flat rate, there is no guesswork about your monthly payment. However, these accounts are for ACTIVE "attended" use only and are not designed for  those customers who need access to the Internet 24 hours a day/ 7 days a week. Basically, these accounts are for those customers who sit at their computer while the Internet America service is connected and disconnect when they leave their computer; these accounts are not for UNATTENDED usage. Please refer to the Usage Policy shown below.

Internet America Active Unlimited Usage Accounts (previously called "Personal Unlimited Accounts") are single user accounts for use by one person and/or their immediate family. These accounts may also be used by small companies who need to be able to have one dial-in to the Internet.  Account sharing is not permitted, either for other family members or members of your organization. We reserve the right to collect any back charges for accounts that are determined to be "shared". No more than one login session can be active at any one time on a single user or single computer account. It is up to the customer to coordinate usage on the account so that multiple connections to the same account do not occur.  Internet America reserves the right to charge a per instance fee of $15 for multiple connections on the single user account.

Active Unlimited Access is defined as access to the Internet 24 hours a day, 7 days per week, subject to availability. This does not imply "continuous", "dedicated", or "unrestricted" access to the Internet. With a dial-up Active Unlimited Usage account, the customer is required to be working at the computer while connected to the Internet. This means that you cannot use any tools or software to keep your connection alive while you are not actually using your computer (such as having your mail program check your mail every few minutes). This is strictly prohibited. Remember, that when you are a dial-in user, you are sharing a pool of modems with other dial-in users. So that there is a connection when you need one, it is your responsibility to terminate your dial-in session when you are not physically using it to make it available for other users. Customer shall immediately notify Internet America of any security breach in or unauthorized use of Customer's account.

Dedicated Accounts:
Dedicated accounts are provided to those customers who require 24 hour / 7 day a week connections to the Internet.  (Active Usage Unlimited Accounts are not dedicated accounts.)  Dedicated accounts are restricted to single connections unless customer has contracted for multi-user account.  Multi-user accounts are restricted to the number of incoming simultaneous users on the customers' account selection.  It is up to the customer to coordinate usage on the account so that the number of connections at one time on the account does not exceed the number allowed on the account contracted for.

In-activity Disconnects:
All dial-up connections to Internet America are automatically disconnected after 20 successive minutes of in-activity (idle-time). We reserve the right to terminate the account, without notice, of anyone with an Active Usage Unlimited Account attempting to defeat this measure through any means, mechanical or electronic. These means include but are not limited to: using any e-mail program to continually check mail, continual pinging of any IP address, use of any other utility to falsely maintain a live connection. This does not apply to Dedicated Accounts.

Multiple Connections On One Account:
Dial-in connections, whether for the Active Unlimited Usage Accounts or for Dedicated Accounts, are restricted to one incoming call to our servers at any given time. Multiple simultaneous connections for an account are strictly prohibited and added charges may apply with possible cancellation of the account.

Usage of Internet America's Internet Service indicates acceptance of our Usage Policy and Terms and Conditions..

Usage Policy / Terms and Conditions for All Accounts

This Agreement is provided to document Internet America's policy for use of our service, terms and conditions, terms of service, and payment/billing policy.  Please read this document carefully.  Use of Internet America service and payment for Internet access through Internet America demonstrates that the Customer has read and accepted all terms of this Agreement.

Billing / Payment of Service / Refunds / Pricing:
For those customers paying for one month of service at a time, we will only accept a major credit card or check/debit card for payment. For those customers paying for at least 3 months service at a time, payment will be accepted in the form of checks, cash, money orders, and most major credit cards. Returned checks are subject to a $25.00 service fee and depending on the circumstances, those customers may be subject to future payments by a method other than checks. 

All setup/application fees and/or payments for Internet Service through Internet America are non-refundable.  Exceptions to this rule will be made only for those customers whom we cannot get connected initially or for those customers who have moved out of our service area.  (We currently provide dial-up service for areas that can dial-in locally to Statesville, Charlotte, and Hickory.  Our ADSL coverage area falls in most of the 704 and 828 area codes that are serviced by BellSouth.) Refunds will be made by company check or a credit to the credit/debit card that was charged once all criteria are satisfied. Refunds for payments made by check will not be refunded until verification that the check has cleared our bank. Refunds made by credit to a Customer's credit/debit card will only be made to the credit card that was charged.  In absolutely no case will a cash refund be given.  We will not refund the setup/application fee in any case.  Refunds will only be made for full months remaining on the service; partial months will not be refunded. A $10 administration fee will be applied to all refunds.

For those customers who due to late payment have been placed on hold or cancelled, a reconnect fee of $5 will apply upon payment and if not added to the payment made will be taken out in pro-rated days of service.

1. Those new customers whom Internet America cannot get connected by normal technical support over the phone will be required to bring their computer in to our office at 123 Berry Street in Statesville so that our support team can check out the setup and test the connection to qualify for any refund for prepaid service. In the event that Internet America cannot get the Customer's computer connected due to a problem with the Customer’s equipment, the Customer must contact Internet America within two weeks of signup to quality for a full refund less the initial setup fee. If Internet America is unable to get the customer connected, Internet America will refund any applicable prepaid fees less the initial setup/application fee.
   
2. If a Customer relocates to an area outside of Iredell County which would be a long distance call for our service, Internet America will refund any unused full months' prepayment for Internet service. If the customer relocates to any other county of North Carolina in which Internet America has a dial-in number local to that area, no refund will be made. Partial months will not be refunded. To qualify, notify Internet America as soon as possible. The customer must provide two postal documents showing the new mailing address to receive a refund. These documents must be provided within 90 days after cancellation to qualify for a refund.

For those customers who have elected to pay via credit card, an invoice will not be provided.  To guarantee uninterrupted service, the customer's credit card will be charged approximately 5 days before the next service period will begin.  It is the customer's responsibility to promptly provide Internet America with any changes to the credit card or expiration date on the card provided.  It is also the customer's responsibility to provide Internet America with any changes concerning their current address; as a security measure, our billing software verifies addresses for the holder of the credit card. Customers will be contacted via email or phone for any credit cards that are declined for any reason.  Although we make every effort to contact a customer personally, Internet America reserves the right to temporarily suspend the account of a customer who fails to respond to our request for corrected information concerning a declined card. For those accounts that have been temporarily suspended, the account will be reactivated once the card clears the banks. After the account has been suspended, a $5 reconnect fee may apply and will be charged at the discretion of Internet America.  Any credit card customer wishing to cancel must cancel a minimum of 10 days prior to the beginning of their payment cycle.  Once a credit card is charged, this payment will be treated as a pre-payment of service and the policy above concerning refunds will apply.  Cancellation requests must be provided in writing (faxed or delivered to our office) or by phone.  Emails will not be accepted as a cancellation request.    If a customer cancels after the beginning of their next payment cycle or after the credit card has been hit, the policy above concerning refunds will apply.

For those who select to pay quarterly, bi-annually, or annually, Internet America typically sends an invoice for these services approximately 3 weeks prior to the date the payment is due in our office to give our customers adequate time to get their payment to our office.  Payment for service is due in our office on the due date of the invoice.  Internet America reserves the right to temporarily suspend any account for which payment has not been received by 5:00PM on the day after the payment is due.  As stated above, a $5 reconnect fee will be due after account has been suspended; if not made at time of reconnect, this $5 fee will taken out in pro-rated days of service.

Internet America reserves the right to change prices with 30 days notice.

No customer will be allowed to use Internet America's Active Unlimited Usage Account in a manner that adversely affects the availability of Internet America's resources to other customers.

Running a server, reselling services, training, etc.:
Internet America does not allow you to run a server over a dial-in connection. No account provided by Internet America may be be used as a connection for an Internet server of any type, where commercial or personal unless this is pre-approved through the management of this company.

No customer can resell, lease, rent or any in other way grant a security interest in the connection time or services of Internet America without the expressly  written consent of Internet America.

Internet America will not be responsible for training and/or assisting users in the operation of their computers. Further, Internet America is not responsible for assisting in the design of personal web pages and/or the training of using software.

Disallowed Activities:
Customer shall not use Internet America Service for spamming. Spamming includes, but is not limited to:(1) the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from the recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting off-topic messages to newsgroups, (7) excessive and repeated cross-posting and (8) email harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive.

Customer shall not use the Internet America account in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Internet America reserves the right to cooperate with legal authorities and/or injured parties in the investigation of any crime or civil injustice.

Customer shall not attempt to interfere in any way with Internet America's networks, servers or network security, or attempt to use the Internet America account to gain unauthorized access to any other computer system.

The customer agrees to use the Internet America's services for only legal activities.

Internet Content:
Customers of Internet America are able to access a huge number of areas of  the Internet. Some of these areas contain  materials, information and pictures that could be harmful, offensive and/or intended only for adult audiences. Internet America accounts must be held by those at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you agree: (a) to supervise the minor's access to the Internet, (b) to assume all risks associated with exposing the minor to the content of the Internet, and (c) to defend, indemnify and hold Internet America harmless from any claims, losses and damages, including attorney's fees, resulting from viewing content or exposing any minor or other person to content on the Internet.

Occasionally Internet America may recommend rating and/or filtering software or methods to help Customers' screen out pictures or content that they do not wish to receive through your Internet America account.   Internet America makes no assurances, endorsements, or recommendations concerning these products or methods. 

Internet usage through our service is on an as-is basis and Internet America makes no warranty for the accuracy of any data accessed via FTP, the World Wide Web, or any other means of accessing the Internet.

Privacy/Security:
Internet America reserves the right to resolve system and server problems using whatever means are necessary, including but not limited to, accessing a user's mail box to clear blocked mail, examining usage logs and other such records for user access information, and any other means we feel necessary to ensure proper functioning of the system or in troubleshooting customer problems.

Internet America does not guarantee the security of any data on the system including that transmitted using secure servers or otherwise. Internet America assumes no liability for the loss of private or confidential material or email.

Email:
Internet America reserves the right to remove any mail left on our mail servers after 14 days. Email accounts are limited to occupy no more than 6MB space on our mail server at any one time  unless otherwise noted. Usage of our service indicates that you agree to this policy.  Any email account not accessed in 45 days will be automatically deleted; this means any customer wishing to keep an email account with Internet America must check this email account at least every 45 days.

Viruses, Trojans, Worms, Spyware, Malware etc.
As an Internet America customer, you realize that computer viruses can be accessed via email transmissions, web browsing, and other means of Internet activity and that it is your responsibility to take whatever steps you feel necessary to keep you or your organization from catching such computer viruses.  Internet America makes no warranty, written or verbal, that you will not catch such Trojans, worms, or viruses or that any spyware or malware (malicious software) could not be downloaded to your computer. Your usage of Internet America's service is on an as-is basis and you, the user, bear the responsibility of protecting your computer from such software or viruses.

Personal Web Space:
Personal Unlimited Accounts are provided with up to 2 Megabytes of Web Space to be used for personal non-commercial web pages. This is provided upon request. Storing information in other than your web space is not allowed. X-rated or pornographic material posted on the free web pages is strictly forbidden - no exceptions. If found, there will be 1 warning. Further contact will result in removing the web page privilege indefinitely. Internet America reserves the right to refuse to link to personal web pages that it considers distasteful.

Warranty
INTERNET AMERICA, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY INTERNET AMERICA, INC. OR ITS EMPLOYEES SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY INTERNET AMERICA, INC. ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; INTERNET AMERICA, INC. DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. INTERNET AMERICA, INC. DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.

The consumer/subscriber
a. waives all warranties expressed or implied;
b. waives all damages, under tort, contract or statutory law, for interruptions, failures, or deficiencies of service, personal injury, mental anguish, lost profits or any other form of personal or economic injury.

If (a) or (b) are declared void or unenforceable, then the parties contractually agree that except as otherwise provided, herein, the subscriber/consumer's recoverable damages shall be limited to the amount of the charges for the affected station for the period of interruption or deficiency of service to that terminal. Damage for errors, deficiencies, omissions, or failures of web advertising services are limited to, and shall not exceed the lesser of
 a. the amount actually paid for the service complained of or, b. Internet America's  then standard fee for one month of such service.

You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Internet America, Inc., neither Internet America, Inc. nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Internet America, Inc. neither endorses nor is responsible for the accuracy of such material, and by using this service you agree that Internet America, Inc. is not responsible for any loss or damage caused by your use of, or reliance on, such material.

Change of Policy:
Internet America reserves the right to change these policies at any time without notice.  By accessing our system you are agreeing to all of our posted Terms and Conditions.

Last update: 02/01/04