Terms of Service
Read this entire document completely before accepting the installation of service or use of service. All users of Internet America services agree to be bound by all parts of these Terms of Service and all subsequent additions/revisions.
I. SERVICE AGREEMENT
Establishing an account or using services constitutes agreement to be bound by the Terms of Service and to use services in compliance with these Terms of Service. If users do not agree to the Terms of Service, including any future revisions, services may not be used and current customers must terminate use of services.
Company reserves the right to make changes to these Terms of Service at any time by posting revisions at www.internetamerica.com. Any changes or modifications will be effective upon posting of the revisions on the company website reflecting the new effective date. Continued use of service following the posting of the changes or modifications online will constitute acceptance of such changes of modifications. The Terms of Service and applicable policies should be reviewed from time to time to understand the terms that apply to use of their services.
Company Terms of Service together with the Service Order represent the entire agreement to provide services between Customer and Company. This Agreement supersedes any inconsistent or additional promises made by any company representative, agent, or dealer. If any part of these Terms of Service is found invalid, the balance remains enforceable.
All written correspondence should be sent to:
P.O. Box 690753
Houston, TX 77269-0753
Equipment Returns should be sent to:
c/o Equipment Returns
10930 W. Sam Houston Pkwy N. Ste. 200
Houston, TX 77064
Violation of any of these Terms of Service may result in immediate account termination and are subject to refund policies contained in these Terms of Service.
2. PAYMENT OBLIGATIONS OF A CUSTOMER.
Services will be provided for an initial term as defined in the agreement signed by the customer and will continue on a month-to-month basis thereafter, unless services are upgraded and a new term established, or until terminated. After the Initial Term, either Customer or Company may terminate Service upon thirty (30) days written notice. The Initial Term begins on the day service is successfully installed at Customer's location indicated on the Service Order (the "Installation Date"). Customers accepting service with a promotion (e.g., discounted installation price, discounted service price, etc....) must maintain the same or higher service plan for the term of the agreement.
Customers must provide company with accurate and complete billing information including legal name, address, telephone number, email address, and credit card/billing information, and report to company all changes to this information within fifteen (15) days of the change. All customers must maintain a valid credit card or debit card on file. If a customer credit/debit card is lost, stolen, cancelled, or re-issued with a new number and/or expiration date, it is the customer's responsibility to notify company of the change. All accounts are automatically re-billed, depending on billing frequency, without notification.
Customer billing frequency is equal to the length of the billing cycle and is determined by the type of payment schedule selected, e.g., monthly, quarterly, semi-annually, annually. The cycle begins upon the day service is activated. If customer prepays for six, twelve or twenty-four months of service, customer will be provided service until the end of the prepaid term (subject to compliance with these Terms of Service). Customer will be billed for all applicable Federal, State, County and Local taxes, surcharges, fees and Universal Service Fee contributions, any of which may change from time-to-time, due on services. Fees for Service will begin on the Installation Date and, thereafter, are due and payable in advance of each Service period. All Fees are payable in U.S. dollars only.
Credit cards are billed according to the billing frequency. For example, an account with an annual billing frequency is charged once per year while it is active. Accounts are automatically re-billed without notification at the end of the billing frequency.
Auto-debits or ACH: Auto debits or ACH are billed according to the billing frequency. For example an account with an annual billing frequency is charged once per year while it is active. Accounts are automatically re-billed without notification at the end of the billing frequency. All auto-debit or ACH transactions are treated as checks and posting may be delayed ten (10) business days to allow time for the debit or ACH to clear with the bank.
Checks and Invoices for Businesses Only: Customers choosing the check payment option are sent an invoice promptly upon sign up. A processing fee of $4.00 will be billed monthly to all accounts with the payment method of check. Payments are due by the date shown on the invoice. Recurring invoices are sent on the customer's next billing date. Check posting may be delayed ten (10) business days to allow time for the check to clear with the bank. Pre-approval is required for businesses choosing this billing option.
Company will provide Customer a monthly invoice in an electronic e-mail format to the email address specified on the account. Monthly bill cycle begins on the same date of the completed installation. Customer has authorized payment by credit card (Visa, MasterCard, American Express or Discover) or by any other electronic drafting/payment method and no additional notice or consent will be required for billings to that credit card or account. Company is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by company. Customer is responsible for ensuring company has a current email address on file and company is not responsible for any undeliverable emails to customer.
Company reserves the right to change pricing with 30 days prior notice.
Payments are due by the due date shown on the invoice or initial attempt at credit card charge or auto-debit, as applicable. Customer must pay a late fee of $10 when the payment is 3 days past due. All charges are considered valid unless disputed in writing within fifteen (15) days of the billing date. Adjustments will not be made for charges that are more than fifteen (15) days old. Delinquent accounts may be suspended or canceled if payment is not received within eight days of the invoice date, however, charges will continue to accrue until the account is canceled. Company may bill an additional charge to reinstate a suspended account.
Acceptance of late or partial payments does not waive any of company's rights to collect the full amount due it. Company will charge a return check fee on any returned checks or rejected ACH payments at the maximum amount permitted by law. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any dispute. Customer agrees to pay all costs including reasonable attorneys' fees, collection fees, and court costs the company incurs in collecting amounts owed it.
All communications concerning disputed amounts owed must be sent in writing within 15 days after receipt of the invoice to:
Payment Dispute Department
P.O. Box 690753
Houston, TX 77269-0753
If any of these requirements are not met Customer will waive any rights to dispute invoiced fees.
3. CUSTOMER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Customers receive a username, password, and account designation. Customers and members of the customer's household or business, if it is a business account, are the only authorized users of the account and must comply with these Terms of Service. Customer must keep passwords confidential so that no one else may access services through the account. Customer must notify company immediately upon discovering any unauthorized use of the customers account.
Using a personal account for commercial use (e.g., revenue generation, advertising, etc.) is prohibited and will result in billing at the current prevailing commercial/business rate.
Service is provided for a single household/residence or business. Customer may not transmit the signal to another household or structure/facility (permanent or mobile). Violation of this provision will result in immediate and permanent cancellation of customer's account.
4. MONITORING THE SERVICES.
5. WIRELESS INTERNET SUBSCRIBER EQUIPMENT.
Customers agree to ensure wireless routers are encrypted to prevent unauthorized use of the system.
The company warrants all wireless Internet equipment installations for 180 days against installation defects and operational failures with the exception of damage to the equipment. Company does not cover service, maintenance, repair, addition, or replacement due to any loss resulting from usage other than normal usage and beyond company's normal control such as: damage due to misuse, abuse, insect or other infestation, fire, water, foreign substances, organic materials, windstorm, lightning, hail, earthquake, theft, terrorism/war, negligence, riot, or acts of God. The Customer acknowledges that they have been advised of the importance of connecting CPE to AC power and network cables through a proper surge suppressor.
Company warranty covers any CPE from the antenna to the wireless radio and the network cable between the radio and the internal device. Any device beyond this demarcation is the responsibility of the customer and is not warranted by the company. Services provided to customer equipment beyond this demarcation will be billed at standard onsite service rates in effect at the time services are rendered. Onsite service calls for loss of connectivity due to changes in the company network infrastructure are covered by the company and will be corrected at no charge.
Onsite visits by a technician to correct configuration changes made by the user, equipment relocation, and all other service calls not covered by the warranty above will be subject to service call fees billed at the rates in effect when services are rendered. Should a service call be necessary, the Customer account will be billed on the next billing statement unless billing frequency is other than monthly.
Company has a mandatory Lease Plus program at a fee, currently $9.95 per month that defrays the cost of service calls. Lease Plus reduces the cost of service calls from $99 to $19.99 and includes all labor charges and replacement of CPE. Service calls are under the Lease Plus program at $19.99 are limited to two in any rolling twelve (12) month period and are claims must be reported within thirty (30) days of the malfunction. Claims in excess of two during a rolling twelve (12) month period will be billed at $99.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY COMPANY, COMPANY 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. COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. CUSTOMER ASSUMES 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. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH ANY EQUIPMENT INSTALLATION IT PERFORMS AND/OR ASSISTANCE WHATSOEVER OF ANY TYPE IT PROVIDES CUSTOMER IN GAINING INITIAL ACCESS TO THE SERVICES, AND 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 COMPANY OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, ANY INSTALLATION OF ANY EQUIPMENT FOR USE IN CONNECTION WITH THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. COMPANY 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, WIRELESS INTERNET SPEEDS ARE NOT GUARANTEED. COMPANY'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER 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.
COMPANY IS NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, SERVER FAILURE OR MALFUNCTION). COMPANY IS NOT LIABLE FOR ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF SERVICE, ANY EQUIPMENT USED IN CONNECTION WITH SERVICE, ELECTRICAL SURGES, WIND DAMAGE, LIGHTNING, OR ACTS OF GOD, INCLUDING IN CONNECTION WITH THE INSTALLATION OF ANY EQUIPMENT, UNLESS CAUSED BY COMPANY'S SOLE AND GROSS NEGLIGENCE. COMPANY SHALL NOT BE LIABLE OR HELD RESPONSIBLE IN ANY WAY FOR ANY CONTENT OR INFORMATION ACCESSED THROUGH SERVICE BY CUSTOMER. LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION OF THE SERVICE.
7. REFUNDS AND CREDITS.
Services provided by company are not guaranteed to be uninterrupted. Company does not refund activation or service fees after activation of service. Site survey fees are non-refundable after a technician arrives at the customer's location.
If customer prepays for service, service is provided until the end of the prepaid term (subject to compliance with the Terms of Service). As such, company does not refund prepaid accounts. Any account cancelled for a violation the Terms of Service is not eligible for refunds.
Wireless Internet customers terminating service prior to the end of the contract term or if company terminates customer's Service due to customer's default or violation of Terms of Service, customer agrees to pay company a Two Hundred Dollar ($200.00) early termination fee in addition to all other amounts owed.
If company provides CPE that is required to receive service, company maintains ownership of such equipment. Customer shall return such equipment, in good working order, to company at the termination of service within fourteen (14) days of the date of termination to address below or will be charged a fifty dollar ($50) Recovery Fee. Customer shall grant unrestricted access to company or their agent to the premises for the purposes of recovering said CPE. If Customer fails to return the equipment within the time period and company is unable to recover the CPE, Customer agrees to pay company a Two Hundred and Fifty Dollar ($250.00) lost equipment fee in addition to all other fees and amounts owed.
8. CUSTOMER SUPPORT.
For trouble with services, contact the customer support center at 800-232-4335, Monday - Friday from 8am - 8pm or Saturday - Sunday from 9am - 6pm.
9. TERM OF AGREEMENT.
Customers may terminate account at any time and for any reason by providing notice of intent to terminate to company by: registered or certified mail, return receipt requested addressed to:
P.O. Box 690753
Houston, TX 77269-0753
Termination is complete upon customer receipt of a cancellation confirmation number from company. Charges to customer account will stop accruing at the end the prepaid period in which company provides customer a cancellation confirmation number and are subject to termination fees if under contract.
Company does not pro-rate the payment for the month in which service is terminated.
Without prior notice, company may terminate this Agreement, customer password, account, or customer use of services, for any reason, including, without limitation, if company, in its sole discretion, believes customer has violated this Agreement, the Acceptable Use Policy, or any of the applicable user policies, or if customer fails to pay any charges when due. Company may provide termination notice to customer by: email addressed to customer email account or by US Mail or courier service to the address customer provided. All notices to customer 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 2, 3, 5, 6, 7, and 11 of this Service Agreement shall survive termination of this Agreement.
This Agreement is governed by Texas law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Texas law and will be held in Harris County, Texas. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.
Part II. ACCEPTABLE USE POLICY
Company's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of company services must comply with this AUP. Company supports the free flow of information and ideas over the Internet and does not actively monitor use of services under normal circumstances. Similarly, company does not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through services, except for certain proprietary websites. However, in accordance with the Service Agreement, company may remove any materials that, in the company's sole discretion, may be illegal, may subject the company to liability, or which may violate this AUP. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Customer violation of this AUP may result in the suspension or termination of either customer access to services and/or customer account or other actions as detailed in paragraph 3. If service is suspended or terminated as a result of a violation of this AUP customer is entitled to no monetary compensation. This AUP is a part of company Terms of Service and should be read in conjunction with the other components.
2. VIOLATIONS OF COMPANY'S ACCEPTABLE USE POLICY.
The following constitute violations of this AUP:
Illegal use. Using services to transmit any material (by email, downloading, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
Harm to minors. Using services to harm, or attempt to harm, minors in any way.
Threats. Using services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment. Using services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
Fraudulent activity. Using services for any fraudulent use or to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed.
Unsolicited commercial email/Unsolicited bulk email. Using services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
Unauthorized access. Using services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of company 's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Copyright or trademark infringement. Using services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data. Using services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Reselling services. Reselling services without company's written authorization.
Sharing of services. Sharing services or allowing use of services by another household or another structure.
Network disruptions and unfriendly activity. Using services for any activity which adversely affects the ability of other people or systems to use company services or the Internet. This includes but is not limited to "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Company reserves the right to suspend or permanently cancel accounts that, in the sole discretion of the company, are running programs or for any reason are causing degraded service for multiple customers on their Access Point.
Customer agrees not to use Internet connection to host a web site, mail server, or any other server for personal or commercial use.
3. REPORTING VIOLATIONS OF COMPANY'S AUP.
Company requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department, at: firstname.lastname@example.org.
If available, please provide the IP address used to commit the alleged violation, the date and time of the alleged violation, and evidence of the alleged violation. An email with full header information provides this information. Other situations will require different methods of providing the above information.
Company may take any one or more of the following actions in response to complaints: issue warnings (written or verbal), suspend the customer's account, terminate the customer's account, bill the customer for administrative costs and/or reactivation charges, or bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
4. REVISIONS TO THIS ACCEPTABLE USE POLICY.
Company reserves the right to revise, amend, or modify the Terms of Service, this AUP, Service Agreement and other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
Customer privacy is very important to the company. Company desires to make customers experience on the Internet as enjoyable and rewarding as possible, and company wants the customer to use the Internet's vast array of information, tools, and opportunities with complete confidence.
1. PERSONAL INFORMATION COMPANY COLLECTS AND HOW IT IS USED.
Company collects and maintains certain customer proprietary network information ("CPNI") in different ways from users who access the various parts of company services and the network of Web sites accessible through company services. Company generally, does not share this information with third parties. However, company may disclose personal information collected if company has received customer permission beforehand or in very special circumstances, such as when company believes that disclosure is required by law or other special cases described below.
Customers are asked to provide certain personal information when they sign up for company services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access services. The personal information collected from customers during the registration process is used to manage each customer's account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where company and a partner jointly promote services, company may provide the partner certain personal information, such as the name, address, and user name of persons who subscribed to services as a result of the joint promotion for the sole purpose of allowing the company and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Company may also generate non-identifying and aggregate profiles from personal information customers provide during registration (such as the total number, but not the names, of customers).
3. RESPONSES TO EMAIL INQUIRIES.
When customers send email inquiries to company, the return email address is used to answer the email inquiry received. Company does not use the return email address for any other purpose and does not share the return email address with any third party.
4. VOLUNTARY CUSTOMER SURVEYS.
Company periodically conducts both business and individual customer surveys and encourages customers to participate in these surveys because they provide important information that helps improve the types of services offered and how they are provided. Customer personal information and responses remain strictly confidential, even if the survey is conducted by a third party. Participation in customer surveys is voluntary.
Company takes the information received from individuals responding to Customer Surveys and combines (or aggregates) it with the responses of other customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). Company then uses the aggregated information to improve the quality of services to customers, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
5. SPECIAL CASES.
Company does not use or share the personal information about users in ways unrelated to the ones described above without also providing customers an opportunity to opt out or otherwise prohibit such unrelated uses. However, company may disclose personal information about users or information regarding customer use of services or Web sites accessible through company services, for any reason if, in the company's sole discretion, it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating the Acceptable Use Policy or other user policies; to operate services properly; or to protect company and customers.
6. COMPANY'S COMMITMENT TO PROTECTION OF CHILDREN.
Protecting children's privacy is especially important to us. It is company policy to comply with the Children's Online Privacy Protection Act and all other applicable laws. Company recommends that children ask a parent for permission before sending personal information to company, or to anyone else online.
7. COMPANY'S COMMITMENT TO DATA SECURITY.
Company takes measures to ensure the integrity and security of company network and systems, however company cannot guarantee that security measures will prevent third-party "hackers" from illegally obtaining this information.
8. HOW TO ACCESS OR MODIFY YOUR INFORMATION.
Company offers customers the opportunity to access or modify information provided during registration. To access or modify such information, contact Customer Service at 800-232-4335. Additionally, customers may modify some information online by accessing the customer portal at my.airmail.net.
P.O. Box 690753
Houston, TX 77269-0753
10. REVISIONS TO THIS POLICY.
Company reserves the right to revise, amend, or modify the Terms of Service, this policy, Service Agreement, and other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
Trademark and Copyright Notice
© 2012 Internet America, Inc.
Internet America, the Internet America logo, 1-800 BE A GEEK, ExpressLane DSL, Airmail.net, Airnews.net, Airweb.net, the Airmail.net, Airnews.net and Airweb.net logos, PDQ.NET and NeoSoft are registered service marks of Internet America and its subsidiaries. All other trademarks and service marks are the property of their respective owners.