Internet Access Policy

Internet Access Agreement

1) Introduction
I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, HALL ENTERPRISE shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through the Hall Enterprise, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT HALL ENTERPRISE RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON.

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2) Provision of Services/Access
I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that Hall Enterprise reserves the right to terminate my account at any time, for any reason. Hall Enterprise will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of Hall Enterprise, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond Hall Enterprise’s control.

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3) My Obligations
a) I understand that I am responsible for determining whether a Hall Enterprise phone number is within my local calling area, and for any long distance charges I may incur in connecting to Hall Enterprise.
b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued through the day I cancel.
c) I understand that Hall Enterprise may change its prices from time to time, and that I will be provided with at least 30 days written or electronic mail notice of any such changes.
d) I understand that I can not use or permit other users to use the Network in ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of Hall Enterprise’s Network or other networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or
v) otherwise violate the policies referenced in this Agreement.
f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software).

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4) Security
I understand that the information available through Hall Enterprise’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through Hall Enterprise Access’s Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that Hall Enterprise makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the Hall Enterprise Network, or other interconnecting networks.

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5) Term and Termination
I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that Hall Enterprise 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 deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on Hall Enterprise’s servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Hall Enterprise, and would likely be a cause for termination of my account. I agree to abide at all times by Hall Enterprise’s then-current Usage Policies.

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6) Pricing/Payments
I understand that Hall Enterprise’s monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month’s basic service fee on the anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that Hall Enterprise shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service.

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7) Disclaimer And Limitation Of Liability
I understand that the use of my Hall Enterprise account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Hall Enterprise for any and all claims relating to the services provided by Hall Enterprise, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Hall Enterprise for services within the preceding twelve months. I agree that Hall Enterprise shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

HALL ENTERPRISE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL AIT BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES HALL ENTERPRISE FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. HALL ENTERPRISE’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. HALL ENTERPRISE SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL AIT 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, OR SIMILAR LOSS. THE LIABILITY OF HALL ENTERPRISE 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 NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO HALL ENTERPRISE FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. AIT MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

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8) Indemnity
I agree to defend, indemnify and hold Hall Enterprise and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify Hall Enterprise along with any parties from whom Hall Enterprise obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law.

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9) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published Hall Enterprise Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between Hall Enterprise and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that Hall Enterprise may amend or modify this agreement and/or the Hall Enterprise Usage Policies, or impose new conditions at any time. Any use of Hall Enterprise’s Network subsequent to any changes or amendments 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 via a link on the Hall Enterprise home page.

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10) Hall Enterprise Disconnect Policy
Hall Enterprise reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by AIT through electronic means. This time is approximate and subject to change without notice in Hall Enterprise’s sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. Hall Enterprise reserves the right to electronically audit connections to enforce the above requirements.

Hall Enterprise reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in Hall Enterprise’s sole discretion. Hall Enterprise reserves the right to electronically audit connections to enforce the above requirements.

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