Wilkshire.net - Usage Agreement


	PRIVACY WCG provides a gateway for users to connect to the Internet, and WCG makes no claims or warranties about the secureness of our system, A user will be held responsible and liable for any temporary or User Responsibilities: Users are responsible for all charges associated with their account(s). Charges and Billing: Users are responsible for payment of all services, including the sans-serif">Wilkshire Communications, Inc. Internet Service Agreement: sans-serif" color="#000000">General Information: (WCG) or Wilkshire.net provides Internet access to the World Wide Web using various methods of communication & modulation. Use of WCG services will be deemed as acknowledgement that the customer has read and accepts the following terms and conditions, is 18 years of age or older and accepts financial responsibility for monthly recurring fees for WCG services. WCG reserves the right to modify, change and reformat this agreement as necessary, without permission or consent of WCG customers. Changes to this agreement will be posted on WCG's Website version of this document. This agreement can be accessed 24/7 by clicking on the "Usage Agreement" link at the bottom of each page within the www.wilkshire.net domain and / or can be provided to customers that request via email. This online version of this document is the most current and will replace all previous written or electronic versions. a maximum of 10MB of disk space on members.wilkshire.net, and "Internet related only" technical support free of charge. The 10MB disk space may be used to store email, files, data, personal web pages or any other legal material. Customers exceeding 10MB of storage space for more than 7 days will be subject to an additional monthly charge assessed w/o notice. Web sites that generate a large volume of traffic may be required to obtain a Commercial account with a custom pricing schedule or may be permanently removed from our servers. Technical support is limited to only email/Internet related issues and provided only via telephone & email. WCG will not visit a customer’s location for technical support issues, unless otherwise agreed upon by WCG & customer for a fee. WCG will not provide free support for computer hardware, software & peripheral issues. WCG will also not provide free education or training on how to use computers, hardware, software or online services. WCG provides and maintains thousands of local dialup access numbers for our customers. IT IS THE CUSTOMER's RESPONSIBILITY TO ENSURE THEY ARE DIALING A LOCAL NUMBER. WCG will NOT be held responsible for a customer's long distance phone bill or ANY charge associated with a customer's use of the Internet. Contact your local phone company BEFORE you sign on to our service if in doubt. email account. We do not guarantee any mail stored on our mail servers against loss. In short, it is the account holder's responsibility to download or backup stored mail from our server to a remote system. on a customer’s connection time. “Unlimited” service as defined by WCG is: No time restrictions while online, sitting in front of a PC or workstation and actively performing some type of activity. "Idle time" which is unattended usage or remaining connected to the Internet while away from or not using the PC or workstation is prohibited with a Dialup Account (this does not pertain to Broadband service). WCG reserves the right to disconnect and/or limit usage to any customer at anytime, for any reason, especially during peak usage hours. This ensures all customers have equal opportunity to utilize their WCG service during peak usage hours. WCG reserves the right to terminate a dialup connection that is idle for 30 minutes or more as well as a connection that has been logged in for a period deemed “excessive”. Multiple connections of the same account username are not permitted and will result in a second charge equal to the current monthly service fee. Failure to follow usage policies may result in termination of service without notice. connection, except for instances of scheduled or unscheduled network downtime. WCG Broadband Internet service permits customers 5 unique email accounts (SOHO = 10 Email Accounts / SLA = 25 Email Accounts) and a maximum of 10MB of disk space on the members.wilkshire.net server. The 10MB disk space may be used to store email, files, data, personal web pages or any other legal material. Customers exceeding 10MB of storage space for more than 7 days will be subject to an additional monthly charge assessed w/o notice. Web sites that generate a large volume of traffic may be required to obtain an additional commercial web hosting account with a custom pricing schedule or may be permanently removed from our network. Technical support is limited to only email/Internet issues and provided via telephone. WCG will not provide free support for computer hardware, software & peripheral issues. WCG will not visit a customer’s location for technical support issues, unless otherwise agreed upon by WCG & customer for a fee. WCG will also not provide free education or training on how to use computers, software, networking devices or online services. at anytime, for any reason. WCG reserves the right to terminate any connection deemed “excessive” or “abusive”. Multiple connections (LAN) of the same account are permitted, however WCI Broadband customer’s must obtain a SLA Type Broadband account if they desire to setup their own Web, Email, Chat, Gaming, FTP or any other type of online server. Failure to follow usage policies may result in termination of service without notice. existing WCG service area. A “site visit” will be provided free of charge to determine if Broadband service is available to a potential customer. Note: Broadband service may not be available in certain areas. WCG's Broadband service may allow the customer to connect at speeds faster than a traditional modem connection. WCG offers no guarantee of upload or download speed due to the general complexity of the Internet and equipment utilized outside of the WCG network. for Broadband service. Additional service plans are available for periods exceeding 12 months. If early termination is requested, customer will have to repay any discounts or waived fees in full and customer agrees to pay WCG for their full contractual obligation regardless of circumstance or reason for termination. In short, do NOT agree to a term period if you do NOT intend to fulfill your obligation! service plan selected, will be paid by the customer during account establishment. Account activation fees vary and are dependant on the service plan selected. The minimum account activation fee (no exceptions) is $199.00. with the WCG network only. WCG accepts no responsibility for the installation and configuration of any equipment outside of the WCG Broadband Gateway. WCG personnel are available at a rate of $125.00/hour to install and configure customer owned equipment. Customers requiring custom installations exceeding what WCG considers "the norm" will be provided installation concerns as well as any additional charges before work begins. WCG accepts no responsibility for property damage incurred to the customer's property during or after the installation process. at a customer’s location "always" remains the property of WCG. Before an account is deemed “cancelled or terminated” equipment, hardware and accessories must be returned within ten (10) working days in full working order and in appropriate condition. Customers who do not return WCG equipment, hardware and accessories within ten (10) working days or return the same in inoperable or inappropriate condition agree to continue paying WCG their usual monthly service fee until equipment, hardware and accessories are provided to WCG in working order and in appropriate condition. Customers who fail to provide WCG owned equipment, hardware and accessories back to WCG in working order and in appropriate condition within ten (10) working days after termination or cancellation, agree to reimburse WCG (within 30 days) the full manufacture’s retail price at that time or full manufacture’s retail price at the date at which the equipment was issued to the customer, whichever amount is greater. WCG also reserves the right to press criminal charges against customers that choose to steal communication equipment & services from WCG to the fullest extent of the law. strikes or power surges. WCG recommends a surge protector be used on power receptacle powering WCG equipment. WCG is not responsible for damage or corruption to the customers privately owned network equipment, household or business property including contents due to a lightning strike, power surge, equipment malfunction or any “Act of God”. full responsibility to ensure that their network is secure. WCG strongly recommends that customer's utilize third-party encryption tools or a firewall device as well as up-to-date anti-virus software to protect their network. Security of the customer's network, including communication network appliances, servers, workstations, all data & passwords is the customer's absolute responsibility. WCG accepts no responsibility for an unauthorized intrusion/security violation into a customer's network or WCG broadband account, regardless if it is proven that the intrusion was from a misguided employee, friend or family member. In the instance of an unauthorized intrusion/security violation which necessitates investigation or repair to the WCG network or other "outside" networks, customer agrees to pay WCG $125.00 an hour to resolve any and all problems associated with the intrusion/violation. WCG may also suspend service w/o reimbursement to a broadband customer until security concerns or problems are fixed to WCG's specifications. POLICY STATEMENT as such is acting as a Common Carrier. WCG does not have control over material on the Internet. Some people may find material on the Internet offensive and objectionable. WCG assumes no responsibility for any material found on the Internet. Users are free to use any Internet service available as long as it is for LEGAL purposes. Any report of any Illegal activity can and will cause immediate suspension of access (without refund) and notification to the proper authorities. WCG reserves the right to refuse service, suspend or cancel any account, for any reason, at any time. WCG will make available to law-enforcement agencies any users account information as required by law or if it is necessary to protect WCG's equipment, staff, or other users from service interruption, shutdown, or legal action. In short, DO NOT ENGAGE IN OR CONDUCT ANY ILLEGAL ACTIVITY WHILE USING OUR SYSTEM! users files or users email. You are free to use any third-party encryption tools, although WCG has no affiliation with and makes no claims about the secureness of any encryption tool that the user may use. permanent damage done to WCG's system due to the user's negligence, whether intentional or unintentional. This can include but is not limited to, the release of computer viruses or worms, "cracking" into unauthorized areas on the system, or sending or causing the receipt of "Spam email " or "email bombs" by WCG's system. A user engaged in such damaging activity, as determined by WCG, can and will have their account suspended or canceled, be billed for excessive bandwidth usage and system administrator's time, and be charged for any other damage or loss caused by the user's actions. Most users will likely never encounter these situations, but it is important to be aware of the rules and potential consequences. In the event of any unauthorized access to your account, you MUST notify WCG in writing, by email, or by phone; however, the user will remain responsible for all charges until WCG is notified. All accounts are for personal, nontransferable access. No more than one concurrent user session per account is permitted at any time. Accounts that login with more than one concurrent connection will be charged for multiple monthly accounts. The user is prohibited from lending or giving his or her account password to others. Minors cannot be users. The user is expressly prohibited from engaging in any illegal activity using WCG's Internet access. This includes, but is not limited to posting or otherwise disseminating copyrighted material, libelous material, child pornography, soliciting the sale of any illegal substance or service, stolen property, or any other action deemed illegal or unlawful by Federal, State, or Local laws. current fees as listed on WCG's web site (www.wilkshire.net). Credit card, money order, check, or cash may pay fees, although we do not recommend sending cash through the mail and take no responsibility for the loss of your funds if you do this. A returned check charge of $50.00 will be charged to all NSF returned checks, regardless of circumstance. Writing bad checks in the state of Ohio IS a felony crime and bad checks not made "good" will be dealt with accordingly. Accounts are billed in a minimum of one-month increments. Accounts will not be prorated and no refunds for "unused" months or days will be given. If YOU choose to pre-pay for service WCG will leave YOUR account on until it's expiration date unless otherwise requested or agreed upon. All payments must be received BEFORE the close of business on the indicated invoice due date. Overdue accounts will be charged a $5.00 late fee, which WILL NOT be waived. Access to accounts for which payment has not been received will be temporarily suspended or place "on hold" until payment is made. The user is responsible for payment on his/her account until it is officially canceled, whether the account is active or temporarily suspended pending receipt of payment. This means that you must pay for your account even if your access is suspended. If you cancel your account while access is temporarily suspended, you are still responsible for all time up to the point when you actually canceled your account. Access to your account will be temporarily suspended until your payment is received and after 30 days your account will be officially closed and all files and email will be deleted from our system. You MUST contact the WCG Sales & Billing Office via email, writing or by phone in order to officially cancel your account. By not calling, your account remains active until it is sent to collections for payment collection. Discounts & Account Referrals: Any fee discount, whether one-time or recurring is given at the sole discretion of WCG. WCG reserves the right to not offer, discontinue w/o notice or take away any discount offered. WCG is not required and chooses to offer discounts on large account volumes or special circumstances. WCG offers and rewards it's customers for the referral of new customers to WCG's Internet Access. The reward / credit for the referral of a new customer to WCG for Internet access only is as follows: WCG will credit the referring customer's account by one month's service. If a customer has multiple accounts, WCG will only credit one account. If customer has more than one service in their account, WCG will only issue credit for one service in an amount similar or equal to the referral. New customer MUST mention that referring customer sent new customer to WCG at the time of signup. No credits will be issued once new customer leaves our office, no credit after the fact will be given. New customer MUST signup and prepay for a term of no less than 3 months. New customer must also pay all setup / activation fees for their new account. Credit will not be issued if customer accepts or is used in conjunction with any other discount or special offered by WCG. WCG reserved the right to discontinue or void any referral credit at any time for any reason. The main reason for not receiving credit for the referral of a new customer is usually because new customer never mentioned the referral, new customer did not signup for a 3 month minimum term, or WCG found the referral to be bogus or a potential scam. The referral credit will only be issued as a credit on the customer's Wilkshire.net account. Credits are NOT refundable, transferable and have ZERO cash value. Third-Party Sales and Service: There are a variety of merchandise and services available for sale on the Internet and are in no way associated with WCG. All transactions concerning merchandise and services are solely between seller and buyer. This includes, but is not limited to purchase terms, payment terms, warrantees, guarantees, maintenance, and delivery. WCG makes no warranties or representations whatsoever with regard to any goods or services provided by the seller. WCG shall not be party to such seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions of the seller. Termination of service: WCG may terminate this agreement and the right to access the Internet through WCG's system at any time and without cause by sending notice to the user with out refund. In addition, the user may also terminate this agreement by giving notice to WCG and discontinuing use of WCG's Internet access. You MUST contact the WCG Sales & Billing Office via email, writing or by phone in order to officially terminate your account. By not calling, your account remains active until it deemed deserted and is sent to collections for payment collection. Limitation and Liability: WCG does not warrant that the services or the information contained on the Internet will meet the user's requirements or that the operations of WCG will be uninterrupted or error-free, nor does WCG make any warranty as to the results to be obtained from the use of WCG's Internet access. Under no circumstances, including negligence, shall WCG be liable for any incidental, special, or consequential damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond WCG's reasonable control, including but not limited to acts of God, civil disturbance, war, communications line failure, theft, destruction, 3rd Party Dependencies, or unauthorized access to WCG's records, programs, or services. In no event shall WCG's total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid under this Service Agreement. Disclaimer of Warranties: You expressly acknowledge and agree that the use of WCG's Internet access service is at your sole risk. Access is provided "as is" and without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. No oral advice or written information given by WCG, its agents, or its employees shall create a warranty, nor shall the user rely on any such information or advice. Indemnity: The user agrees to indemnify and hold WCG harmless from any claims and expenses, including but not limited to reasonable attorney's fees, related to the violation of this Service Agreement, including any information, software, or other content placed on WCG's computer system or the Internet in general. Miscellaneous: The laws of the State of Ohio shall govern this Service Agreement. By utilizing Wilkshire.net, subscribing to Wilkshire.net or using ANY part of the Wilkshire.net Network in part or whole, you agree to all terms stated in this Service Agreement and understand that you will be automatically charged a monthly recurring fee for Internet service and/or Web hosting (storage). You may cancel at any time by contacting Wilkshire.net at 888-404-5440. You are 18 years of age or older. Wilkshire Communications, Inc. Privacy Policy Statement

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