Thrift Internet™ Internet Service
Agreement
Read This Internet Service Agreement
Carefully Before Using Our Internet Services.
Introduction.
Thrift Internet, Inc. ("Thrift
Internet") provides its Internet services, as they may exist from
time to time ("Services"), to users who pay a service fee to
subscribe to the Services ("Members") as well as to those who access
some of our Services but do not have accounts ("Visitors"). By
establishing an account or using the Services, you agree to be bound
by this Agreement and to use the Services in compliance with this
Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and
conditions of this Agreement, including any future revisions, you
may not use the Services and if you are a current Member, you must
terminate your use of the Services under Section 10.
Subscription requirements.
Members must be at least 18 years old.
Local access dial-up numbers may not be available in all areas. You
are solely responsible for determining if use of a particular
dial-up number will cause you to incur long-distance, toll, or other
charges. Thrift Internet is not responsible for any long-distance,
toll or other telecommunications charges you incur. Toll-free (800
#), international, and simultaneous login access costs are extra.
Current prices for Thrift Internet's Services are posted throughout
our website at http://www.ruralfree.net. These rates may also be
obtained by calling (800)
707-8577. Thrift Internet reserves the right to change
prices and institute new fees at any time upon 30 days prior notice.
Payment obligations of a member.
Members must (i) provide Thrift
Internet with accurate and complete billing information including
legal name, address, telephone number, and credit card/checking
account/billing information, and (ii) report to Thrift Internet all
changes to this information within thirty (30) days of the change.
Members are responsible for any charges to their account.
Members having questions regarding charges to an account, should
contact Thrift Internet's Customer Service Department at (800)
707-8577. All charges are considered valid unless disputed in
writing within sixty (60) days of the billing date. Adjustments will
not be made for charges that are more than 60 days old.
Charges are billed to Members' credit cards, debit cards or checking
accounts, as applicable, each month for the basic service and any
additional usage or services. Thrift Internet is not responsible for
any charges or expenses (e.g for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges billed by Thrift
Internet.
If paying by check, payments must be received by the before the
start of the next service interval.
Delinquent accounts may be suspended or canceled at Thrift
Internet's sole discretion; however, charges will continue to accrue
until the account is canceled. Thrift Internet may bill an
additional charge to reinstate a suspended account.
Member's account, password, and
security.
Upon registration, Members receive a username, password, and account
designation. You and members of your household or business, if you
have purchased a business account, are the only authorized users of
your Thrift Internet account and must comply with this Agreement.
You must keep your password confidential so that no one else may
access the Services through your account. You must notify Thrift
Internet immediately upon discovering any unauthorized use of your
account.
Members agree not to use any automatic
method to avoid inactivity timeout disconnects or to otherwise
maintain a connection unless actively using it. Members agree that
each account is not designed for dedicated use and carries a limit
of 200 hours per month. Members who reach this limit will have
dial-up services suspended for the remainder of the calendar month
in which this limit is reached. RFI is not responsible for
disconnecting users remotely from the service at any time. Members
agree not to provide any public information services over a dial-up
connection.Thrift Internet may change its POP numbers at any time.
Thrift Internet reserves the right to direct Members to use certain
numbers to access the Service or to restrict use of specific access
numbers. Usernames, passwords and email addresses are Thrift
Internet's property and Thrift Internet may alter or replace them at
any time.
Monitoring the services.
Thrift Internet has no obligation to monitor the Services, but may
do so and disclose information regarding use of the Services for any
reason if Thrift Internet, in its sole discretion, believes that it
is reasonable to do so, including to: satisfy laws, regulations, or
governmental or legal requests; operate the Services properly; or
protect itself and its Members. Please see our Privacy Policy. Thrift
Internet may immediately remove your material or information from
Thrift Internet's servers, in whole or in part, which Thrift
Internet, in its sole and absolute discretion, determines to
infringe another's property rights or to violate our Acceptable Use
Policy.
DISCLAIMER OF WARRANTIES and
LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS
BEING OFFERED BY Thrift Internet, Thrift Internet DOES NOT CONTROL
ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET.
THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. Thrift Internet HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME
FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE
INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER
INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Thrift Internet DOES NOT WARRANT THAT
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. Thrift Internet MAKES NO EXPRESS
WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH Thrift Internet OR THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Thrift
Internet OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Thrift
Internet AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES
ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE
INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Thrift
Internet'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL
AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Software license
Thrift Internet grants to each Member a limited, nonexclusive,
nontransferable and nonassignable license to install and use the Thrift
Internet access software (including software from third-party
vendors that Thrift Internet distributes; in object code format),
its associated documentation, and any updates thereto ("Licensed
Programs") in order to access and utilize the Services. Each Member
agrees to use the Licensed Programs solely in conjunction with the
Services and for no other purpose. Thrift Internet may modify the
Licensed Programs at any time, for any reason, and without providing
notice of such modification to a Member.
The Licensed Programs constitute
confidential and proprietary information of Thrift Internet and Thrift
Internet's licensors and embody trade secrets and intellectual
property protected under United States copyright laws, other laws,
and international treaty provisions. All right, title, and interest
in and to the Licensed Program, including associated intellectual
property rights, are and shall remain with Thrift Internet and Thrift
Internet's licensors. Member shall not translate, decompile, reverse
engineer, distribute, remarket, or otherwise dispose of the Licensed
Programs or any part thereof.
You may not download, use, or
otherwise export or re-export the Licensed Programs or any
underlying information or technology except in full compliance with
all United States and other applicable laws and regulations. By
installing or downloading the Software, you represent and warrant
that you are not located in, under the control of or a national or
resident of any country on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
Web site usage.
Our site on the World Wide Web with its home pages in the domain
"Thrift Internet", or any other site operated by Thrift Internet
(the "Web site") is a complimentary information service offered by
Thrift Internet at no charge to users.
We may provide links on the Web site
to other Web sites which are not under our control. In general, any
Web site which has an address (or URL) which does not contain "Thrift
Internet", is such a Web site. These links are provided for
convenience only and are not intended as an endorsement by Thrift
Internet of the organization or individual operating the Web site or
a warranty of any type regarding the Web site or the information on
the Web site.
You may provide a hypertext link to
our Web site on another Web site, provided that: (a) the link must
be clearly marked "Ruralfree.net", (b) the link must "point" to the
URL "http://www.ruralfree.net" and not to any other pages within the
Web site, (c) the appearance, position and other aspects of the link
may not be such as to damage or dilute the goodwill associated with
our name and trademark(s), (d) the appearance, position and other
aspects of the link may not create the false appearance that an
entity is associated with or sponsored by Thrift Internet , (e) the
link, when activated by a user, must display this Web site
full-screen and not within a "frame" on the linked Web site, and (f)
Thrift Internet may, in its sole discretion, revoke consent to link
to our website at any time. All other hypertext links to the Web
site must be approved in writing by Thrift Internet.
Term of agreement.
Continued use of the Services constitutes acceptance of this
Agreement and any future versions. If you are dissatisfied with the
Services or any related terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the Services and, if you are a Member, to
terminate your account.
Termination.
You may terminate your account at any time and for any reason by
providing notice of intent to terminate to Thrift Internet by:
registered or certified mail, return
receipt requested addressed to
Thrift Internet Inc., PO Box 240,
Eltopia, WA 99330; or
telephone calls directed to Customer Service at (800) 707-8577.
Email termination of your basic
Internet access account will not be accepted. To terminate DSL or
Web Hosting and/or Business Services, you must call (800) 707-8577.
Your termination will only be complete upon your receipt of a
cancellation confirmation number from Thrift Internet. Charges to
your account will stop accruing the day Thrift Internet provides you
with a cancellation confirmation. Based on your billing cycle,
charges accrued prior to your termination may apply after you
receive a cancellation confirmation. Email cancellation requests
will not be accepted. If your account included space on Thrift
Internet's servers, anything stored on this space will be deleted
upon termination.
Without prior notice, Thrift Internet
may terminate this Agreement, your password, your account, or your
use of the Services, for any reason, including, without limitation,
if Thrift Internet, in its sole discretion, believes you have
violated this Agreement, our Acceptable Use Policy, or any of the
applicable user policies, or if you fail to pay any charges when
due. Thrift Internet may provide termination notice to you by: email
addressed to your email account or by US Mail or courier service to
the address you provided for the Services. All notices to you shall
be deemed effective on the first (1st) calendar day following the
date of electronic mailing or on the fourth (4th) calendar day
following the date of first-class mailing or deposit with a
commercial courier service.
Sections 3, 4, 6, and 11 of this
Agreement shall survive termination of this Agreement.
Jurisdiction.
Under California Civil Code Section 1789.3, Members or Visitors who
are residents of California are entitled to the following specific
consumer rights information: the Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer Affairs
may be contacted in writing at 400 R Street, Suite 1080, Sacramento,
CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by
Washington law without regard to conflict of law provisions.
The federal and state courts located
in Washington alone have jurisdiction over all disputes arising out
of or related to this Agreement and the Services. You consent to the
personal jurisdiction of such courts sitting in Washington with
respect to such matters or otherwise between you and Thrift
Internet, and waive your rights to removal or consent to removal.
Miscellaneous.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and
Thrift Internet's other user policies posted on Thrift Internet's
Web site constitute the entire agreement between you and Thrift
Internet with respect to your use of the Services.
Thrift Internet may revise, amend, or
modify this Agreement, the Acceptable Use Policy and any other user
policies and agreements, at any time and in any manner. Notice of
any revision, amendment, or modification will be posted on Thrift
Internet's Web site (http://www.thriftinternet.com) and/or on
Member's start pages and/or by email and/or in our various
publications and mailings to Members.