Broadband Terms & Conditions

1. 1. Provision of Services. I understand and agree that, subject to the terms & conditions of the Agreement, Fairnet shall provide me with certain Internet access and web site-hosting services. I understand that I am fully responsible for the use of such services by myself or by anyone whom I permit to use my account and that Fairnet reserves the right to terminate my account at any time, for any reason. I also understand that use of the Internet, accessed through Fairnet, constitutes acceptance of these terms & conditions, whether signed or not.
2. 2. Payment Obligations.
   1. A. If I have given my credit card number to Fairnet, I understand that charges will be billed to my credit card each month for the basic monthly service fee. The credit card will only be used monthly if the customer so indicates this at the time of sign up. Fairnet’s monthly service fee is based on my sign up date, then the second month pro-rated to the beginning of the next month. I understand that all charges are valid unless disputed in writing within thirty days of the invoice date. All invoices are due and payable by the 10th of each month. If not paid by the 10th of the month a $2.00 service charge will be assessed. I understand and agree that Fairnet shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge generated by Fairnet pursuant to this authority.
   2. B. If I have elected to pay for my basic service through a prepayment plan, I understand that the automatic billing described in paragraph (a) shall only apply to services, charges, and expenses that are not paid for through the prepayment plan.
3. 3. My Obligation. I understand that I am responsible for determining the number to which I need to call within my local calling area, and that I am responsible for any long distance charges I may incur in connecting to Fairnet. If I am using Fairnet’s unlimited access plan, I agree to not provide any public information services over this connection, nor to use any automatic method to avoid inactivity disconnects, and to keep the connection active only when I am actively using it. I understand that should I need to cancel my service I must give Fairnet thirty days written notice to do so. I understand that any money prepaid to Fairnet on my account is non-refundable.
4. 4. Appropriate Use of Services. I agree to maintain my password as private and confidential information. I agree to use my Fairnet account in a way that conforms with all applicable laws and regulations. I specifically agree to not make any attempt to gain unauthorized access to any systems or networks. I agree that I will not use the Fairnet services (including any web site I establish on Fairnet’s servers) or the Fairnet web site to publish, post, distribute or disseminate another’s Proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. I further agree that I will not post any material that is of offensive nature to anyone. I understand and agree that Fairnet reserves the right to immediately remove (with or without terminating my account) from my account or any web site I establish on Fairnet’s server any material or information which infringes another’s property rights. Some forms of violations are listed along with the meanings of these terms.
5. 1. A. Spamming-Unsolicited, commercial mass e-mailing (known as “spamming”)
   2. B. Copyright Violation- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
   3. C. Distribution and/or Transmission of Obscene or Indecent Speech or Materials—Violation of indecency and obscenity laws can result in criminal penalties.
   4. D. Defamation—Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
   5. E. Illegal/Unauthorized Access to Other Computers or Networks-The illegal or unauthorized accessing (often known as “hacking”) of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
   6. F. Distribution of Internet Viruses, Worms, Trojan Horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
   7. G. Export Control Violations—The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
   8. H. Other Activities, whether lawful or unlawful, that Fairnet determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.
   9. I. UUNet Access is limited to 150 hours per month.
   10. J. Running a server of any kind with out authorization from Fairnet is prohibitted, including but not limited to web servers, email servers and peer to peer file sharing.
6. As we have pointed out the responsibility for avoiding the harmful activities just described rests with the subscriber. Fairnet will not as an ordinary practice monitor the communication of its subscribers to ensure that they comply with Fairnet’s policy or applicable law. When Fairnet becomes aware of harmful communications, however, it may take any of a variety of actions. Fairnet may remove information’s that violates its policies, implement-screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber’s account with Fairnet.
7. 5. Security. I understand that the information available through Fairnet or interconnecting networks may not be accurate, including the content displayed on the Fairnet desktop. I understand that some of the information available through Fairnet or interconnecting networks may be intended for adult audiences. I understand that internetworking communications are not secure, and may be subject to interception or loss. Fairnet Inc. makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available though the Fairnet network.
8. 6. Warranty Disclaimer. I understand that the use of my Fairnet account, and any data of information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Fairnet, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Fairnet, for services within the prior year. I agree that Fairnet shall have no liability for any consequential, indirect.
9. 7. Indemnification. I agree to defend , indemnify and hold Fairnet and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, related to or arising from, any violation of this agreement by me or those who access the services through my account, or the use of the services to the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through my account.
10. 8. Termination. I understand that Fairnet reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is inactivated, I may be required to pay reconnect charges and prepaid deposit in order to re-activate my account. If my account includes space on Fairnet’s server, anything stored in this space will be deleted upon inactivation. I understand that violation of certain generally accepted guide lines on Internet Usage such as restrictions on mass e-mailings and mass advertising or posting to inappropriate newsgroups, may cause severe operating difficulties for Fairnet, and would be a likely cause for termination of my account. More detail of violations can be found in the Fairnet Policy on Appropriate Use. I agree at all times to follow by Fairnet’s then-current Policy on Appropriate Use as available via a link on the Fairnet home page at http://www.ffni.com and by any other policies posted on the Fairnet web site.
11. 9. Law and Jurisdiction. I understand and agree the laws of the state of Indiana govern these Terms of Service and my Fairnet account. I expressly agree that exclusive jurisdiction for any claim or dispute with Fairnet or relating in any way to my account or my use of Fairnet resides in the courts of Indiana. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Indiana in connection with any such dispute, including any claim involving Fairnet or its affiliates, subsidiaries employees, contractors, officers, or directors.
12. 10. Complete Agreement: Amendments. This agreement represents the complete agreement between Fairnet and myself with respect to the subject matter of this Agreement, and superseded any other written or oral agreement. I understand and agree that Fairnet may amend or modify this agreement or impose new conditions at any time. Any use of Fairnet’s services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available on the Fairnet home page at http://www.ffni.com.
13. 11. General Disclaimer. All Services provided are on a best-efforts basis and no guarantees of performance are stated or implied for provided services. It is the nature of the web to be dynamic, and services are based upon earnest attempts to deliver services in this uncertain and constantly changing environment. In no event will Fairnet LLC be liable to you or others for any damages for any cause arising from provided services or outages, documentation, or software, including any lost profits, lost savings, or other incidental or consequential damages, even if Fairnet LLC has been advised of the possibility of such damages, or for any claim by another party. The actual speed experienced by customers may vary and depends on several factors including customer location, destination on the Internet, traffic on the Internet, interference with frequency spectrum, Line of Site issues, etc. No minimum level of speed is guaranteed. A router may be required for multiple connections on a single modem. Fairnet LLC does not offer a money back guarantee for Wireless Internet Service.
14. 12. Internet Usage is solely for entertainment purposes only. Fairnet is not liable for any loss of income incurred by any user of our Services.
15. 13. Fairnet reserves the right to recoup lost income from introductory or special rates and discounts. Early cancellation of service may result in additional customer fees.
16. 14. Customers should NOT attempt to uninstall or move their own equipment unless instructed to do so by a Fairnet associate. Any attempt to do so may result in equipment damage resulting in increased customer liability.
17. 15. Customers agree not to resell or allow shared access to their Internet service without prior, proper written consent from Fairnet.