Hudson Valley Internet

Terms of Service


 
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Hudson Valley Internet Terms of Service Effective June 27, 1999

Here are the rules that govern the use of the Hudson Valley Internet (HVI) service. By virtue of having a HVI account, you agree to these terms of service and are bound by them. If you do not agree with the terms of service, please contact our Customer Support Department at (845) 255-2799 to cancel your account.

1. Agreement. This is an agreement between you and Hudson Valley Internet ("HVI") regarding your use of HVI's computer, interactive information, communication, and transaction service allowing access to the Internet, bulletin boards, private networks, and other communications services (the "HVI Service"). This agreement governs the terms and conditions under which HVI makes the HVI Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with the HVI Website Hosting or similar service. Under this agreement, you must comply with HVI's then-current "Acceptable Use Policy," as updated from time to time by HVI, which can be viewed at http://www.hvi.net/aup.html and is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CONNECTING TO HVI, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND HVI'S ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE, CONTACT HVI TO CLOSE YOUR ACCOUNT.

2. Amendment. HVI may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the HVI Home page, currently located at http://www.hvi.net/index.html, or by a message from HVI sent by electronic mail (e-mail), or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in section 18 below. However, if you do not terminate your registration, or continue to use the HVI Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.

3. Disclaimer. The HVI Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HVI EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE HVI SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HVI, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section will survive any termination of this agreement.

4. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by HVI, neither HVI nor any of its suppliers, licensor, or affiliates ("Affiliates") operate or control any information, products, or services accessible through the HVI Service in any way and that, except for such HVI identified information, services, or products, all merchandise, information, and services offered or made available or accessible through the HVI Service are offered or made available or accessible by third parties who are not affiliated with HVI. YOU ACKNOWLEDGE THAT USE OF THE HVI SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE, OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY HVI AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this section will survive any termination of this agreement.

5. Commerce on the Web. Through your uses of the HVI Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the HVI service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the HVI service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. HVI and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HVI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HVI SERVICE, including but not limited to reliance on any information obtained on the HVI Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction, or unauthorized access to HVI's records, programs, or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT HVI IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE, OR SERVICES AVAILABLE FROM HVI OR ITS AFFILIATES. The terms of this section will survive any termination of this agreement.

7. Accounts and Passwords. This agreement applies to all accounts, subaccounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A HVI Service account may not be transferred without prior written approval from HVI. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the HVI Service until you notify HVI Customer Service at (845) 255-2799.

8. Offensive Material. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE HVI SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT, OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. HVI AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

9. Charges. You are responsible for all charges (for example, telephone, dial-up, DSL, or ISDN charges) associated with connecting to the HVI Service through an available access number. You are responsible for obtaining or providing all telephone access lines, telephone, and computer equipment (including modem), or other access device, necessary to access the HVI Service. You are responsible for determining whether the access number you use to connect to the HVI Service will obligate you to pay telephone use charges to your telephone company (whether or not that number is provided by HVI or is obtained through a software utility provided by HVI for that purpose). HVI encourages you to contact your local telephone company to confirm that the call you are making is not a toll charge. You are responsible for all activities and charges resulting from use of your principal account on the HVI Service. You agree to pay HVI the then-current monthly charges for the HVI Service, along with any connect time charges, surcharges, applicable taxes, and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You may find information regarding current rates for using the HVI Service by calling (845) 255-2799, or by viewing HVI's home page at http://www.hvi.net under the section designating the service you have chosen. If HVI does not receive the full amount of Customer's HVI Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. HVI reserves the right to increase fees, surcharges, monthly subscription fees, or to institute new fees at any time upon 30 days prior notice. HVI may reduce any fees at any time without notice. In the event that your account is terminated or canceled, online time credited to your account is not convertible to cash or other form of credit.

10. Personal Information. You hereby certify to HVI that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use their account(s) under supervision by the parent or guardian). For purposes of identification, billing, and marketing, you must provide HVI with accurate, complete, and updated information required by the registration to the HVI Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify HVI within 30 days of any changes in your Member Registration Data. HVI may require a copy of a state issued form of identification before making changes to the billing information or registration data on a customer's account.

11. Dial-Up Access. You hereby acknowledge that HVI may terminate any dial-up connection following 30 minutes of inactivity as determined by HVI. HVI reserves the right to limit, restrict, or prioritize access to system resources, including CPU time, memory, and disk space.

12. At-Will Termination. This agreement will become effective on the date HVI receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. HVI may immediately restrict, suspend, or terminate without notice, your access to and use of the HVI Service upon any breach of this agreement, including the then-current Acceptable Use Policy. HVI may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with HVI for one year from the date of termination. Upon and after termination, HVI will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, practices of HVI in operating the HVI Service, any change in the content of the HVI Service, or any change in the amount or type of fees charged in connection with the HVI Service, is to terminate this agreement by delivering notice to HVI, effective the day HVI receives notification of termination.

13. IP Addresses. If HVI assigns you an Internet Protocol (IP) address for your use of the HVI Service, the right to use that IP address will belong only to HVI, and you will have no right to use that IP address except as allowed by HVI in its sole discretion in connection with the plan you have selected, during the term of this agreement.

14. Electronic Mail. HVI may, but is not obligated to, block any incoming or outgoing e-mail message that HVI determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. HVI shall not be responsible for lost, misdirected, or undeliverable e-mail.

15. Indemnity. Upon request of HVI, you shall defend, indemnify, and hold harmless HVI, its officers, directors, employees, agents, and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the HVI Service, including without limitation any violation by you of HVI's Acceptable Use Policy. The terms of this section will survive any termination of this agreement.

16. Entire Agreement. This agreement constitutes the entire agreement between you and HVI with respect to the HVI Service and supersedes all prior agreements between you and HVI. HVI's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

17. Assignment and Resale. You may not resell the HVI Service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of HVI, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.

18. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to HVI: Hudson Valley Internet, Inc. P. O. Box 1054, New Paltz, NY 12561 or hostmaster@hvi.net; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.

19. Force Majeure. HVI will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war, or act of God.

20. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of New York. You hereby consent to personal jurisdiction in the federal and state courts of Ulster County, New York for any action arising out of or relating to your use of the HVI Service. The federal and state courts of Ulster County, New York will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section will survive any termination of this agreement.


 
Hudson Valley Internet, Inc. • P. O. Box 1054 • New Paltz, NY 12561
(845) 255-2799 • info@hvi.net