SPANISH FORK COMMUNITY NETWORK INTERNET SERVICE AGREEMENT
SERVICE PROVIDED: Spanish Fork Community Network (SFCN) will furnish and install facilities necessary to provide high speed access to the Internet to a personal computer(s) of Customer. Service and equipment are furnished for use by Customer for personal, non-business purposes. Customer warrants that he/she is at least eighteen (18) years of age. Customer agrees not to use the Service to operate as an Internet Service Provider (ISP), to resell or redistribute the Service, nor to operate any other business enterprise. Only SFCN supplied cable modems are permitted on the SFCN system. Modems are provided at no additional monthly cost.
SOFTWARE SUPPORTED: Internet Access will only assure the operation of the following software: Microsoft Internet Explorer or Netscape Communicator. SFCN assumes no responsibility for installation or assistance with regard to any software currently owned by Customer or purchased by Customer. SFCN does not restore or reconfigure customer's home computer(s) upon termination.
SERVICE AVAILABILITY: Service may not be available in all areas of the city. Service may be temporarily refused, limited, interrupted, or curtailed due to various factors. SFCN will make reasonable efforts to assure that the Service is available to customer 24 hours per day, seven days per week. It is possible, however, that there will be interruptions of service.
INSTALLATION: The initial routing of the cables on Customer's premises necessary for the provision of Internet Access shall be in a location agreed to between SFCN and Customer. Any relocation of the Internet Access cabling or facilities for the convenience or at the request of Customer shall be paid for by Customer. Customer grants to SFCN the right to enter upon the premises, after reasonable notice, for the purposes of installation, maintenance and repair of said facilities and equipment, and, upon termination of the agreement, to permit SFCN to enter the premises for the purpose of removing any equipment.
Once the installation has been completed in a specific residence, SFCN is not responsible for removing any equipment or facilities should service be terminated, whether by subscriber, SFCN or subsequent resident. Customer understands all hardware and/or software provided by SFCN and installed with the service remains the exclusive property of SFCN and must be returned promptly at the time of disconnection from service. SFCN may charge the actual cost for all equipment lost, stolen, non-returned, or damaged. Customer agrees not to attempt to service, modify or otherwise tamper with any equipment furnished to customer.
LIMITATION OF LIABILITY: SFCN shall have no liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the installation, service, or transmission of service provided by SFCN or any underlying communications carrier. SFCN shall have no liability for losses or damages arising out of the failure of SFCN or underlying communications carrier to maintain proper standards of maintenance and/or operations.
SFCN treats private communication on or through its network as strictly confidential and does not disclose the contents of private communications. However, customer acknowledges that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. SFCN does not warrant Customer will not be subject to unauthorized access by others or that other users will not gain access to Customer's home computer. SFCN is not liable to Customer for any claims, loss, damages, or costs which may result from lack of privacy on the system.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES: SFCN makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose, including quality of data transmission. Customer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties.
OPERATING RULES: Customer agrees not to publish on or over the internet content which violates or infringes upon the rights of any other. Customer agrees to accept electronic mail communications from SFCN from time to time in the interest of providing timely information about the services provided. Customer acknowledges that internet systems may carry material which may be considered inaccurate, infringing, abusive, profane, sexually offensive, or otherwise unsuitable. SFCN is not liable to Customer for any claims, loss, damages, or costs which may result from such material. Customer agrees to supervise and be totally responsible for the conduct of any minors or others who may access the Service under customer account.
SFCN does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service, or content provider. All content from other parties accessed via the Service by customer is done at customer's own risk.
CUSTOMER USE: The items listed in this section are prohibited and may result in termination of service, recouping costs for repair or service loss, or criminal prosecution. Customer agrees not to use the Service or any equipment or software provided by SFCN: For any illegal purposes; To attempt or achieve unauthorized access to any host, network, or account; To achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, confidential proprietary information, defamatory material, trademarks or service marks used in an infringing fashion, or trade secret law; To copy, distribute or sublicense any software provided by SFCN, except that customer may make one copy of each software program for back-up or archival purposes only; For excessive data transfer which interferes with the experience of other users; To interfere with access to the Internet by other customers or disrupt the network used by SFCN; To harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user; To post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material that is not constitutionally protected free speech; Except where and when specifically permitted, customer may not upload or post: Any files, text, or data anonymously or under a false name; Any files which contain viruses, worms, "Trojan horses" or any other contaminating or destructive properties; For disruption of internet communications via port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service and attempts to "crash" a host; Using any script/program/command designed to interfere with a User's terminal session. Use E-mail, including, but are not limited t6: Harassment, whether through language, frequency, size of messages, or malicious mail; Sending unsolicited material to individuals who did not request such mail and refusing to honor a recipient's request to stop the mail. Creating or forwarding "chain letters" or "pyramid schemes." Unauthorized use or forgoing of mail header information.
In the event of customer violation of any of the above, SFCN reserves the right, in its sole discretion, to take any one or more of the following actions: Remove those materials from the SFCN system that violate these policies; SFCN reserves the right to collect damages and/or pursue prosecution if any harm is done to SFCN; Terminate this Agreement and prohibit customer's continued use of the Service.
FEES AND CHARGES: The Customer shall pay SFCN the full monthly service charge applicable to the service rendered, which amount shall be due as shown on the billing statement from the City each month. Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the Customer has applied and received, and is subject to change without notice to the Customer. Termination prior to the end of a long-term contract will result in Customer being assessed the higher monthly fee for the number of months service was received prior to termination, plus installation charges.
Installation fees are due with the first billing. Monthly charges are due upon receipt of customer bill. A late fee, collection charge, and other costs, including attorney’s fees, associated with collection activity may be assessed for any delinquent account. In the event this account is placed with a collection agency for collection, CUSTOMER shall be responsible for all collection costs incurred, pursuant to the provisions of Utah Code Ann. §12-1-11. SFCN may terminate service without notice on any delinquent account and should service be reinstated; a reconnection charge will apply.
SEVERABLE PROVISIONS: If any part of this Agreement is contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.
ASSIGNMENT: This Agreement, including any customer rights or obligations hereunder, shall not be assigned by customer, in whole or in part, by operation of law or otherwise. Any attempt to sub-license, assign or transfer this Agreement, or any rights of customer herein, without the prior written consent of SFCN shall be null and void.