Frazier Mountain Internet Service ("FMIS") provides access to the Internet to individuals and businesses through its on-line services including dial-up connections, DSL connections, High Speed Wireless connections, and Dedicated connections. FMIS's primary goal is to provide high quality Internet access services to the local community while maintaining reasonable practices to ensure enjoyment of our services by everyone utilizing FMIS.
This document is intended to set a clear understanding and agreement between Frazier Mountain Internet Service and the Account Holder as to the expectations each of us have upon each other. This agreement represents the complete agreement between FMIS and the Account Holder and supersedes any other written or oral agreement. Upon notice published on-line or sent via U.S. Mail or via Internet e-mail, FMIS may modify this agreement, amplify it, modify prices, as well as discontinue or change the services being offered. After such notification, continued use of FMIS services by the Account Holder will indicate the Account Holder's acceptance of the new terms.
The Account Holder acknowledges that FMIS provides access to the Global Internet and that there is information and material available on the Internet that may not be considered acceptable to the Account Holder or to the general community. However, the account holder acknowledges that FMIS will make little or no attempt to limit the data being passed through its equipment, except to the extent that FMIS is aware that such data does or may reasonably include material which is a violation of local, state, or federal law, or may impose security risks to FMIS's network or customer's computers (i.e. computer viruses).
The Account Holder acknowledges that there is information and material available on the Global Internet which is not suitable for minors. Account Holder agrees that it is the Account Holder's responsibility alone to ensure that all access to FMIS services and the Global Internet by minors using the Account Holders account is properly surpervised. The Account Holder also acknowledges that there is software available which will assist in limiting the information available to minors via an on-line service (such as FMIS), but that this software may not provide for 100% blockage of objectionable material.
The Account Holder also acknowledges that there are computer viruses spread via the Global Internet as well as many other additional risks posed by the Global Internet, and that it is entirely up to the Account Holder to take appropriate precautionary steps to minimize those risks to their computer equipment and computer data including but not limited to use of virus checking software and proper backup and archival procedures.
FMIS accounts are for use by individual users, and the Account Holder agrees not to share the account with any other individual or business. The Account Holder agrees to maintain a secure password to the account. A secure password is one which is at least 6 characters long with mixed upper and lower case letters and numbers, and would not be obvious to any person. The Account Holder agrees to maintain adequate control of routers, including securing wireless routers so that FMIS connections are not readily available to other individuals or businesses.
The account holder agrees to use services provided by FMIS as permitted by local, state, and federal laws. As such, the account holder agrees not to use FMIS services to conduct any activity or solicit the performance of any activity that is prohibited by law. Account Holder agrees to conform with the FMIS Acceptable Use Policy.
The account holder agrees that FMIS services may not be used for posting or uploading of any copyrighted materials including any images, text, or programs without the express permission of the copyright holder. Copyrighted material may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. It is the account holder's responsibility to determine any applicable copyrights on any material posted, uploaded or downloaded via the account holder's account.
FMIS bills for its services in advance. Bills are usually sent on or about the 15th of the month preceding the calendar month of service. Payment is due by the 1st of the calendar month of service. Accounts which are unpaid by the 15th day of the calendar month of service are considered delinquent.
Accounts which are delinquent may be placed on "administrative hold". While on administrative hold, the account holder will not be able to access FMIS services, including accessing the Global Internet via our service, accessing files archived on FMIS computers and accessing any incoming electronic mail. Accounts will be taken off "administrative hold" upon payment of all fees then due.
If the account becomes 45 days delinquent or more, FMIS may terminate the account, which will include expunging any files archived on FMIS computers and any pending electronic mail on FMIS computers. The Account Holder acknowledges that FMIS assumes no responsibility or liability for removing such files and electronic mail.
Account Holder may cancel services with FMIS at any time by notifying FMIS in writing via electronic mail, fax, or postal service. Upon cancellation of services all amounts outstanding are due and payable to FMIS. FMIS will refund to the Account Holder any payment previously received for future months of service.
FMIS may cancel the account at any time "with cause". "With cause" shall mean that FMIS has a specific reason to cancel the account including, but not limited to violation of this agreement, violation of the FMIS Acceptable Use Policy, or any other reason which a reasonable person would conclude required immediate action by FMIS. FMIS will notify the Account Holder immediately upon cancellation "with cause" by fax or by postal service. If the account is canceled with cause, FMIS will refund to the Account Holder any payment previously received for the current month of service as well as any payments previously received for future months of service.
FMIS may cancel the account "without cause" by giving the Account Holder 30 days notice. Notice will include either notification by electronic mail, fax, or postal service. "Without cause" means that FMIS may not provide to the Account Holder any specific reason for canceling the account. If the account is canceled without cause, FMIS will refund any payments previously received for future months of service.
FMIS makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of any data or information available via its on-line services, and the account holder assumes all risk for use of such data or information. The account holder acknowledges that information and data available via the Global Internet may not be accurate and that FMIS has no ability or authority over this material.
The account holder agrees to indemnify FMIS and hold FMIS harmless from any claims, including attorney fees, resulting from the account holder receiving FMIS services which cause direct or indirect damage to any third party.
The most current version of this document is available at http://www.frazmtn.com/servagre.htm