Terms of Service
Eltopia™ Internet Service Agreement
Read This Internet Service Agreement Carefully Before Using Our Internet
Services
Introduction.
Eltopia, Inc. ("Eltopia") 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. Eltopia 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 Eltopia's Services are posted throughout our website at
http://www.theofficenet.com. These rates may also be obtained by calling (509)
935-8941. Eltopia 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 Eltopia with accurate
and complete billing information including legal name, address, telephone
number, and credit card/checking account/billing information, and (ii) report
to Eltopia 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 Eltopia's Customer Service Department
at (509) 935-8941. 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. Eltopia is not responsible for any charges
or expenses (e.g for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges billed by Eltopia.
All credit card and check draft payments are taken by Eltopia.com, LLC.
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 Eltopia's
sole discretion; however, charges will continue to accrue until the account is
canceled. Eltopia 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 Eltopia 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 Eltopia immediately upon discovering any unauthorized use
of your account.
Members agree not to
use any automatic method to avoid inactivity disconnect or to otherwise maintain
a connection unless actively using it. Members agree not to provide any public
information services over a dial-up connection.
Eltopia may change its POP
numbers at any time. Eltopia 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 Eltopia's property and Eltopia
may alter or replace them at any time.
Monitoring the
services.
Eltopia has no obligation to
monitor the Services, but may do so and disclose information regarding use of
the Services for any reason if Eltopia, 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. Eltopia may immediately remove your material or information
from Eltopia's servers, in whole or in part, which Eltopia, 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 Eltopia, Eltopia 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. Eltopia 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. Eltopia DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Eltopia 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 Eltopia
OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Eltopia OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Eltopia 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, Eltopia'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
Eltopia grants to each Member a limited,
nonexclusive, nontransferable and nonassignable
license to install and use the Eltopia access
software (including software from third-party vendors that Eltopia
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. Eltopia
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 Eltopia
and Eltopia's licensors and embody trade secrets and
intellectual property protected under
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
Web site usage.
Our site on the World
Wide Web with its home pages in the domain "Eltopia",
or any other site operated by Eltopia (the "Web
site") is a complimentary information service offered by Eltopia 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 "Eltopia", is such a Web site.
These links are provided for convenience only and are not intended as an
endorsement by Eltopia 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 "Eltopia", (b) the
link must "point" to the URL "http://www.theofficenet.com"
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 Eltopia
, (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) Eltopia 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 Eltopia.
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 Eltopia by:
registered or certified mail,
return receipt requested addressed to
Eltopia.com,
telephone calls directed to Customer Service at (509) 935-8941.
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 (866) ELTOPIA. Your termination will only be complete upon your receipt of a cancellation confirmation number from Eltopia. Charges to your account will stop accruing the day Eltopia 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 Eltopia's servers, anything stored on this space will be deleted upon termination. Cancellations must be made by the 25th of the current month to deactivate in the current month. Cancellations received after the 25th will be processed for the next month. No refunds are available for subscriptions paid for in advance; this applies to quarterly, semi-annual and/or annual subscriptions.
Without prior notice,
Eltopia may terminate this Agreement, your password,
your account, or your use of the Services, for any reason, including, without
limitation, if Eltopia, 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. Eltopia 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
This Agreement is
governed by
The federal and state
courts located in
Miscellaneous.
This Agreement, the
Acceptable Use Policy, the Privacy Policy, and Eltopia's
other user policies posted on Eltopia's Web site
constitute the entire agreement between you and Eltopia
with respect to your use of the Services.
Eltopia 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 Eltopia's
Web site (http://www.theofficenet.com) and/or on Member's start pages and/or by
email and/or in our various publications and mailings to Members.