Local Internet Service Provider
Weiss Internet Acceptable Use Policy
What is this Document? This is Weiss Internet’s Acceptable Use Policy (AUP), which is part of your Terms of Service. By ordering a service from Weiss Internet or by using a service provided by us, you accept this policy and agree to follow the rules explained in it. This document is just as binding as the Terms of Service. We may revise this policy at will. Changes are in force as soon as the revised document is published. “Published” means uploaded to our website. Any changes will apply instantly only to the portion of the Terms of Service contained in this document. You are responsible for keeping up with the provisions of the AUP. However, there is nothing peculiar or tricky in this document, nor will there be in the future. Courteous, law-abiding behavior almost always falls within the limits of the AUP.
Definitions
Customer, you, your: A person, company, or legal entity who subscribes to a service provided by Weiss Internet
User: Refers to a person, company or legal entity who subscribes to a service provided by Weiss Internet, but also includes someone who uses the same service
Service: Any service provided by Weiss Internet
Equipment: Means any hardware or device provided by Weiss Internet for use by a customer.
AUP: Acceptable Use Policy
Weiss Internet, we, or us: Weiss Internet
What is an Acceptable Use Policy (AUP)? Every reputable Internet or telecommunications provider has an Acceptable Use Policy, or AUP. Its purpose is to describe what kinds of behavior are acceptable while you are using the Internet Service Provider’s (ISP’s) services, or rather, to describe what kinds of behavior are not acceptable, why this is so, and what will happen if you engage in them in violation of the AUP. Some of the rules are based on the law and some on the Internet conventions that have developed in the last two or three decades. These conventions are not arbitrary. Internet users created them by discovering, by trial and error, what works and what does not. The Internet only works if the people using it cooperate to use the Internet sensibly.
What happens if you violate the AUP? If you do something illegal or otherwise in violation of the guidelines given here, we will take action. If you do something blatantly illegal or directly harmful to life or property, we may immediately suspend or close your account and shut down your access to the Internet. Especially: If you use your Weiss Internet account/service to send unsolicited bulk messages, we will close your account. We are required by law to report some kinds of behavior to law enforcement, including (but not limited to) child abuse and child pornography of any kind, terrorism, and certain kinds of threats. If you do something less directly harmful, Weiss Internet will send you a warning or make contact with you. If you continue to violate the AUP, Weiss Internet will close your account. You have the right to disagree with us, but the decision is Weiss Internet’s alone. If someone else uses your account to do something, which violates the AUP, you are still responsible and may have your account suspended or closed. If this is done without your knowledge, you are still responsible. If you can convince us that you will control access to your account more closely in the future, we may reinstate your account without prejudice. In any event, whether your account is suspended or closed, Weiss Internet does not owe you credit. If you lose access because of your own or your users’ behavior, you will not receive a refund. Outstanding charges still apply. There may be a disconnection and/or reconnection fee charged.
Basics Weiss Internet offers access to the Internet and other telecommunication services. However, the Internet or telephone network is not owned, operated, managed by, or in any way affiliated with Weiss Internet. The Internet is a separate network of computers independent of Weiss Internet. Your use of the Internet and telephone network is solely at your own risk and is subject to all applicable local laws and regulations. Your access to the Internet and telephone network is dependent on numerous factors, technologies, and systems, most of which are beyond Weiss Internet authority and control.
Servers You are not to run a dedicated server, serving resources accessible to the Internet outside the Weiss Internet network using your Weiss Internet service. This includes Http, ftp, or any other major protocol based resource/service. Note that we do not mind small amounts of usage with regard to remote control applications such as RDP or VNC as well as limited personal use such as file transfers between home and work.
P2P Any application that is usually considered peer to peer, must be configured using the methods approved by Weiss Internet. P2P applications may be blocked between 8am and 11pm or limited in speed. Running a P2P application that is set to ‘start on startup’ or run when your computer is switched on is strictly prohibited. Running these programs in the background in such a way is a security risk, as your personal files may be shared for access by other Internet users.
Throttling Throttling policies are common with most reputable internet service providers. We are at liberty to place throttling or bandwidth shaping if necessary. Large transfers may switch on a throttle on your internet connection. Surfing will rarely trigger the throttle. There is no extra charge or other bill with regard to the throttle. It is there to keep surfing at acceptable speeds for everyone.
Your Username and Password You are not to give your username and password to anyone outside your household. You are liable for any activity by anyone connecting through your subscribed service or by using your username and password.
Local Laws All local laws must be followed when using a service provided by Weiss Internet.
Unacceptable Conduct You need to avoid certain activities in connection with your Weiss Internet service besides outright crime including:
Harassing anyone; violating anyone’s privacy; attempting to use Weiss Internet as a starting point for an activity that will intentionally hurt or annoy someone; participating in chain letters; harassing, threatening, or abusing Weiss Internet staff; excessive posting or otherwise abusing Usenet; sending bulk, unsolicited emails (spam); using Weiss Internet for any spam-related purpose; making available any software, script, product, or service that will violate this AUP (this includes but is not limited to programs for the distribution of spam); forging or falsifying any information, including but not limited to TCP/IP packet headers or any part of the header information in an email message or Usenet posting; email “bombing” or flooding; any attempts to overload Weiss Internet’s or any other system; network-unfriendly activity or “hacking” that interferes with normal network operations; attempts to gain unauthorized access to “hack into” Weiss Internet servers or to access Weiss Internet data, accounts, systems, or networks, or to find security holes in a Weiss Internet system, whether these attempts are electronic or otherwise; any activity which could damage, disable, overload, or impair Weiss Internet’s services; sending scripts or data to chat programs to cause rapid scrolling and prevent people from reading the dialog members using bots on IRC; intentionally leaving open SMTP ports so as to allow the sending of unsolicited email by a third party, that is, if you are running a mail server on a Weiss Internet account, you may not leave it open for email relay; reselling of Weiss Internet service is strictly prohibited; shared use of Weiss Internet service is strictly prohibited. Please note that Weiss Internet reserves the right to send announcements and other email to its customers that is not spam. You agree to receive such email when you order a Weiss Internet service.
Unacceptable Data “Data” means text, pictures, software, recordings, or any other form of information. In the event of complaints against your data, Weiss Internet alone will determine whether the file or information in question is unacceptable. Weiss Internet supports the uncensored flow of information and ideas over the Internet. We do not monitor what you are receiving or transmitting in the form of email, web pages, or other data. We do not exercise editorial control over the content of any web site, email message, Usenet posting, or other data created through or accessible via our service. However, we may remove any materials that we believe to be illegal or in some other way violate Weiss Internet’s policies, or may subject us to liability. If you run your own web server, email server, or any other kind of server, you are totally responsible for those servers and their content. Make sure you are aware of any laws regarding the material you are providing, including copyright laws. You should contact Weiss Internet to talk about running your own server as it may violate the server-specific clause above. Do not upload, email, post or otherwise distribute data which is: unlawful or illegal under the laws of the United States; threatening; abusive; harassing; libelous; defamatory; obscene; deceptive; fraudulent; invasive of another’s privacy; inaccurate; intended to victimize, harass, degrade, or intimidate a person or group on the basis of religion, gender, sexual orientation, race ethnicity, age, disability, or any other reason; intended for use in distributing unsolicited bulk mail, “hacking,” or other proscribed activities.
More Unacceptable Activities If you should not do it in “real life,” you should not do it on the Internet. Do not do any of these things using the Weiss Internet service: fraud; false advertising; unsolicited advertising; copyright violations; use of trademark or service mark to which you have no rights; trade secret violations; any intentional disruption of communication; you may not use Weiss Internet to work around some other ISP’s rules or to abuse another service; you may not use any part of the Weiss Internet service to support an activity done elsewhere which violates this AUP, for instance: you can not link to a website hosted at Weiss Internet in unsolicited bulk email, even if you send it from another service.
Valid Return Email Address All emails sent by you must have a valid return email address.
Moving of Weiss Internet’s Equipment No equipment supplied by Weiss Internet may be removed from its installed position unless you have permission from Weiss Internet. All equipment supplied by Weiss Internet remains property of Weiss Internet. Charges may apply for unauthorized moving, removal, or damage to Weiss Internet equipment.
Weiss Internet Privacy Policy
What information do we collect? We collect information from you when you sign up for Internet service. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or driver’s license number. You may, however, visit our site anonymously.
What do we use your information for? Any of the information we collect from you may be used in one of the following ways: to process transactions; your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested; to send periodic emails; the email address you provide for order processing, will only be used to send you information and updates pertaining to your order. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to process any automated payments that you have set up.
Do we use cookies? Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers’ systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 18 years or older.
Terms of Service Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our website and services at http://www.weissinternet.com/terms-of-service.html
Your Consent By using our site or service, you consent to our Privacy Policy (this document).
Changes to our Privacy Policy If we change our privacy policy, we will post those changes on our site, http://www.weissinternet.com/privacy-policy.html
Contacting Us If there are any questions regarding this privacy policy you may contact us using the information below.
www.weissinternet.com, contact@weissinternet.com, (256) 706-4121, Mailing: Weiss Internet, P.O. Box 370, Centre, AL 35960
Weiss Internet Terms of Service
Definitions
Customer, you, your: A person, company, or legal entity who subscribes to a service provided by Weiss Internet
User: Refers to a person, company or legal entity who subscribes to a service provided by Weiss Internet, but also includes someone who uses the same service
Service: Any service provided by Weiss Internet
Equipment: Means any hardware or device provided by Weiss Internet for use by a customer.
Weiss Internet, we, or us: Weiss Internet
What is this Document? This document contains your Terms of Service (TOS). It is an agreement between you and Weiss Internet, explaining the rights and responsibilities of Weiss Internet and you as a Weiss Internet customer. By ordering a service from Weiss Internet or by using equipment provided by Weiss Internet, you accept the terms and conditions contained in this agreement and agree to comply with its requirements. Weiss Internet is also bound by this agreement, although Weiss Internet has the right to update the terms of service and other policies with conditions. We have done our best to make this document and other Weiss Internet policies understandable. This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the USA. In the event of a conflict between this agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement, which incorporates by reference the Weiss Internet Acceptable Use Policy and Privacy Policy embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. Weiss Internet may amend the terms and conditions of this Agreement at any time. Notice of changes may be in writing or may appear online or by email to your chosen email address. This Agreement is subject to modification by any authorized regulatory agency. Weiss Internet may assign this agreement without limitation, but you may not assign this Agreement without Weiss Internet’s prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assignees.
Your Responsibilities You agree to purchase a service from Weiss Internet, in accordance with the terms and conditions of this agreement.
Customer Responsibility You have certain responsibilities as a party to this agreement. Another section describes the responsibilities of Weiss Internet. You acknowledge that you accept this Agreement on behalf of yourself, your users, and all persons who use the equipment and/or service through the equipment. You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement. You acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this agreement, whether such breach is the result of the use of the Service and/or Equipment by you or another user. You agree to use your Weiss Internet supplied service from your own premises. You agree to provide Weiss Internet with accurate and complete billing information, including your legal name, address and telephone number. If your address, phone number, name, or other billing information changes, you will notify us of the changes within 30 days. By ordering and paying for a Weiss Internet account, or by using the Weiss Internet service, you affirm that you are 18 years of age or older or you have parental or guardian consent to use the service.
What happens if I break this agreement? If you default or break this agreement, Weiss Internet may temporarily suspend or permanently close some or all of your service. Weiss Internet alone makes this decision. Suspending or closing your service does not limit Weiss Internet’ remedies or incur any liability to you (that is you don’t have to be credited down time as a result of you defaulting). “Default” means failure on your part to comply with this agreement. This includes getting behind on your payments and breaking the provisions of this agreement or associated policies, but is not limited to these situations. If you use your own equipment with service provided by Weiss Internet in violation of any of the provisions of this agreement, Weiss Internet will notify you and take such action as is necessary for the protection of the service for use by its other customers. This may include disconnecting your service.
Scope of this Agreement Weiss Internet reserves the right to charge a disconnect and/or reconnect fee for any semi-suspended or discontinued service.
The Responsibilities of Weiss Internet Weiss Internet has certain responsibilities as a party to this agreement. Another section describes your responsibilities. Weiss Internet agrees to provide you with the service and the required equipment, provided that you comply with all the terms and conditions of this agreement. Weiss Internet also agrees to maintain the equipment provided by us, excluding routers. Another section details the terms over equipment. We will do our best to provide uninterrupted service. However, like any other telecommunications service provider, the service may experience temporary slowdowns or interruptions caused by: Overload, Abuse, Equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation and supply of the service, and Disasters (see “force majeure” in another section). Weiss Internet will provide basic instructions on how to use the service. These instructions will appear on the Weiss Internet website. You are also entitled to technical support for the Weiss Internet provided equipment or service via phone or email during the Weiss Internet support hours. We cannot provide technical support for any hardware, software or operating systems not provided by Weiss Internet. If a Weiss Internet technician or representative is asked to provide support or repair for software or hardware that is not supplied by Weiss Internet, a callout and labor charge may apply. If we are unable to continue to provide service after it has been installed and working for a period of time longer than 30 days, you will only be refunded any advance payments up until the date that service can no longer be provided, given that Weiss Internet’s equipment is returned in good and working condition. Weiss Internet has no other liability if your location proves impossible to provide the service. If equipment needs to be moved (for example a tree has grown in a line-of-sight path) you will be responsible for the costs involved with the equipment relocation.
Force Majeure (Disasters, Etc.) Neither you or Weiss Internet is liable for any delay or failure in performance of any part of this agreement caused by any event beyond your or our control and without your or our fault or negligence. These events include, but are not limited to the events known legally as “Force Majeure”. Force Majeure refers to a number of situations that could affect you and Weiss Internet in performing your or our obligations: acts of civil or military authority, terrorist acts, nuclear accidents, inability to secure transportation facilities, hardware or software products or services of other persons, government regulations, extended power blackouts, natural disasters, epidemics, fires, severe weather conditions, environmental disturbances, riots, war, strikes, explosions, acts or omissions of transportation or common carriers, embargoes, insurrections, legal and/or regulatory constraints. If a Force Majeure condition occurs, the party injured by the other party’s inability to perform has two options (detailed below). The injured party has 30 days to choose which one. If the injured party does not inform the other within 30 days of being notified of a Force Majeure situation, the second option goes into effect. Option One: The injured party may terminate the agreement if such Force Majeure condition results in a delay or failure to perform which continues for more than 30 calendar days. Option Two: The injured party may suspend the service for a duration of the delaying cause and buy a similar service. After the force majeure condition is over, this agreement and service will continue.
Paying for your Weiss Internet service The price you will pay Weiss Internet is the monthly rate and other fees and charges, as applicable, associated with the service and equipment including applicable taxes as established from time to time by Weiss Internet. Weiss Internet reserves the right to modify the rates, fees, and charges at any time. You acknowledge that you may incur additional charges while using the service. If you make purchases over the Internet, those transactions are between you and the seller and have nothing to do with your relationship with Weiss Internet.
Payment Weiss Internet will charge your credit card periodically if agreed when you signed up for the service. You will be sent a statement by email and/or post 10 days before payment is due. Notifications by post/mail may take longer to arrive. Payment will be deemed made when received by Weiss Internet. If a credit card payment is declined by the payment service, it will be retried in 2 days time. Other payment options include Check, Cash, or PayPal. Checks may be made out to Weiss Internet, and sent to our nominated address. This information may be obtained from the invoice sent to you or on our website. If your account becomes overdue, you may receive a notice by email only if one has been provided. At this time, Weiss Internet may take steps to reduce the service supplied or temporarily suspend the service and apply any applicable disconnection and/or reconnection fees. If your account becomes overdue, Weiss Internet may apply a late fee to the invoices concerned. Weiss Internet does not issue refunds for prepaid services, unless any other statement in this agreement deems it appropriate. A service charge of up to $50.00 per incident will be assessed for each check that is returned to Weiss Internet for insufficient funds or for any disputed electronic payments. You will receive your statement to your specified email address as long as one is provided or by post. Any other delivery address or method must be pre-arranged. It is your responsibility to check your email address for billing information and Weiss Internet announcements. If you prefer to have a statement or invoice mailed by post, a processing and handling charge may apply.
Term This agreement becomes effective on the date on which you order your Weiss Internet service. Your first payment is due at the moment your service is connected. This is also your start-of-service date. Invoices issued by Weiss Internet are due on the day of the month in which your service was connected, unless otherwise approved and arranged by Weiss Internet. Invoices will be issued by email or post if specified. This agreement remains in effect for a set term from your start-of-service date. It will continue on a month-by-month basis after the set term has passed, until such time as your Weiss Internet account is closed by you or Weiss Internet.
Credit for Down Time Although we intend to maintain your service at all times, you have the right to be credited if through our negligence you lose service via Weiss Internet for more than 72 hours. Outages must be reported to and acknowledged by Weiss Internet to be eligible for credit. In such a case, we will credit you 1/30 of the monthly base charge for each 24-hour period beyond the initial 72-hour timeframe from the time you notify us of the interruption until the service is restored. The 72 hours must be continuous. You cannot add up shorter periods. To receive credit, you must notify the Weiss Internet office that your service is not working. Most types of outage do not qualify for credit. Please read the next section for more information. Events that do not qualify for credit: most temporary service outages do not qualify for credit; you will not get credit for problems with the service caused by your own or others’ negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations (please see Force Majeure) – “willful acts” include system failures caused by viruses, “hacking,” “cracking,” and other forms of remote malice; you will not get credit for loss of connectivity caused by technicians working to modify or repair Weiss Internet equipment; you will not get a credit for interruptions less than 72 hours long – Weiss Internet may, however, issue credit on a case-by-case basis at our discretion; if you believe that Weiss Internet has billed you in error, you must contact us within 30 days of the invoice or statement date; refunds or adjustments will not be given for any charges more than 60 days old.
Deposit Weiss Internet may require a deposit or bond to commence the supply of service. If a bond is collected, it will be returned on the closing of your account. If a deposit is collected, it may be used as payment towards your first and subsequent invoices or final bill.
Closing your Account To close your account, you must notify Weiss Internet. To add or remove services, or close an account, you must identify yourself to our satisfaction. This is to protect unauthorized changes by other persons to your account. If you continue to subscribe beyond the initial set term, you must provide 30 days notice to the closure of your account. Services will still be charged during this time.
Upon Termination of this Agreement or your account You agree that upon termination of this Agreement: You will pay Weiss Internet in full for your use of the Equipment and the Service up to the effective date of termination of this Agreement or the date on which the Service and Equipment have been disconnected and returned to Weiss Internet, whichever is later. You will not receive a refund if you terminate service partway through a month. You will allow Weiss Internet employees or contractors to access your premises to remove the Equipment. This may mean coming in your house and climbing on your roof. We agree to attempt to arrange a time that is convenient for you and a Weiss Internet technician. You will notify new occupants of your premises that a representative will be coming to remove equipment if our removal date occurs after you have moved out. Should the new occupants block access to our equipment, we will seek police assistance for access or charge you the replacement cost of the equipment. You will return all of the equipment provided to Weiss Internet. Not returning the equipment in good condition is considered a default and you may be liable for replacement costs.
Credit for closed accounts If you cancel your Weiss Internet service, we will refund that part of your latest payment, which covers service up until your next invoice date excluding the 30 day notice period. Your setup and installation fees are non-refundable. You will always be refunded at the rate you paid. That is, if you got a discount, you will be refunded at the discount level, not at the standard level.
Computer Equipment You are responsible for your own equipment that you use with the Weiss Internet service. For this agreement to be valid, your computer must meet minimum requirements (as determined solely by Weiss Internet) for broadband service. It must: be technically and operationally compatible with the Service; Weiss Internet’s responsibility for your Internet connectivity stops at the downstream end of the Equipment; you are responsible for providing equipment capable of receiving and transmitting electronic data through a standard Ethernet port; be compliant with applicable Radio Spectrum Management (Ministry of Economic Development) rules and regulations.
Home networks You may access the Internet via Weiss Internet from secondary computers on a home network within the limits of the Acceptable Use Policy. Your home network is not part of your Weiss Internet Service or Equipment. By accepting this agreement, you explicitly acknowledge that Weiss Internet will not provide technical support for equipment or software that is not part of the Weiss Internet Service or Equipment. Allowing someone to connect to your home network from outside your premises and use your Weiss Internet service is strictly prohibited. If you do this, we will close your account. Giving someone outside your household your Weiss Internet login name and password is called “account sharing” and is strictly prohibited. This may also incur extra fees on your behalf.
Equipment supplied by Weiss Internet Weiss Internet agrees to maintain its equipment in working condition for the lifetime of this agreement, excluding routers. In case of equipment failure, Weiss Internet will troubleshoot, diagnose, repair, or replace the equipment within 72 hours. In some cases diagnosing and repairing equipment can take more than 72 hours. In those cases we will make every effort to remedy the situation as soon as possible. All equipment supplied by Weiss Internet, except for any item that you buy and pay for in full, remains the property of Weiss Internet. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the equipment. If you lose or break the equipment, or turn it over to someone else as described in the previous paragraph, you must pay Weiss Internet the full cost of the repair or replacement. If Weiss Internet spends money in the effort to get the equipment back, you must also pay those costs. You will not modify, tamper with, or move the Equipment. If you need the equipment moved, you must contact Weiss Internet and ask to have a Weiss Internet technician or contractor move the equipment for you. You may be charged for the callout, labor, and materials required to move the equipment. If equipment, including network components, is moved or modified by anyone other than Weiss Internet personnel (employed or contract) and damage to the equipment results so that Weiss Internet personnel or contractors are called out to your location to repair or replace it, you will be charged for the visit in addition to any other charges specified in the Terms of Service. You authorize Weiss Internet and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair, and remove the Equipment. Weiss Internet agrees to arrange a mutually convenient time with you for these activities.
Limitation of Liability Weiss Internet SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF Weiss Internet, NOR SHALL Weiss Internet BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY YOUR OR YOUR USERS’ EQUIPMENT. YOU (THE CUSTOMER) AND YOUR USERS HEREBY RELEASE Weiss Internet FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. Weiss Internet’s PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Weiss Internet SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR (THE CUSTOMER’S) OR YOUR USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE, OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL Weiss Internet BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF Weiss Internet FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY YOU (THE CUSTOMER) UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. Weiss Internet MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, Weiss Internet SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THE FOLLOWING CIRCUMSTANCES:
Eavesdropping: Weiss Internet uses an encryption technology to transmit data. Even so, there is a slight risk that you could be subject to “eavesdropping.” This means that other parties may be able to access, monitor, and/or decode your traffic. This risk of eavesdropping exists not only over Weiss Internet network, but also on the Internet and all other electronic data networks. Because of this risk, you should not send any sensitive or confidential information, such as credit card numbers or other financial information, medical information, or trade secrets, over the network except via secure technologies such as SSL (secure, encrypted web pages). Any information you send over the network is sent at your sole risk.
Home Networks: Your home network is not part of your Weiss Internet service. Any security risks associated with your wireless or wired home network are independent of the Service. Weiss Internet has no responsibility for the security or operation of computer equipment other than the Weiss Internet owned equipment.
FTP/HTTP/P2P Server Setup: If you install an FTP server or an HTTP server on a computer connected to the Internet, other people may be able to gain access to your computer. If you run any such applications, you must take the appropriate security measures. Weiss Internet reserves the right to limit the use of server software.
Weiss Internet has a right to claim economic damages from you if you violate the Weiss Internet Terms of Service or its associated policies and cause Weiss Internet significant economic harm.
Indemnity You and your users shall indemnify and hold harmless Weiss Internet from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the Service by you, your users, or others using your access, whether or not you know of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where you or your users have used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior.
Intellectual Property Ownership of Newly Developed Systems: All past, present, and future computer programs, software, drawings, diagrams, specifications, and other materials licensed or developed by Weiss Internet or its suppliers, in connection with delivering the Service, whether or not developed at your specific request, remain the property of Weiss Internet. You do not acquire sublicense or rights in these items by virtue of this agreement or the provision of the Service.
Service Marks and Trade Names Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for you to use the name, trademarks, service marks, or trade names of the other party for any purpose whatsoever. If either you or Weiss Internet intend to use the other’s corporate or trade name, logo, trademark, or service mark in any kind of published material, you must show the proposed use to the other party and get their approval in writing before you publish or release the material. This requirement covers advertising, sales promotions, press releases, or other publicity matter relating to this Agreement.
Acceptable Use Policy This policy is a separate policy document and its terms and policies are included within the terms of this agreement.
On peak / Off peak Some plans may have an off-peak data allowance. Off peak data is counted at 1am to 6am. On peak data is all other times. This may vary depending upon your plan specifications
Important Final Notes When the agreement is canceled or terminated, Weiss Internet staff must be allowed access to remove any equipment supplied by us. It must be in good condition. Thirty days notice must be given if you wish to cancel or terminate the agreement. If you are unable to provide 30 days notice, from the time you notify us of your wish to terminate the agreement and the time we are first able to remove the equipment, a special callout fee may be charged.