Terms and Conditions
Billing begins on the date that a service is available.
Either you or Internet Communications Inc may terminate or cancel your service at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Internet Communications Inc. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Internet Communications Inc's enforcement or application of this Agreement; (2) any policy or practice of Internet Communications Inc, including enforcement of acceptable Use Policy; (3) the content available through Internet Communications Inc or the Internet or any change in content provided through Internet Communications Inc; (4) your ability to access and/or use Internet Communications Inc; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You understand Internet Communications Inc is not required to provide notice prior to terminating your account for violating the terms and conditions, but it may choose to do so.
Payment is due on the first day of service for each billing period. Accounts are in default if payment is not received within 5 days after the due date. If your payment is returned to us unpaid from you bank or credit card company you are immediately in default and subject to a returned fee of $25 from Internet Communications Inc. Accounts unpaid 10 days after due may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only canceling your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of the lesser of 1.5% per a month, or the maximum rate permitted by law, on the outstanding balance. Minimal late charge is $5. Customer agrees to pay Internet Communications Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
Credit Card Billing
Charges are billed to Members' credit cards or debit cards, as applicable, each month for service and any additional usage or service fees. Internet Communications Inc is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Internet Communications Inc. A charge of $50.00 will be charged on any payment returned disputed.
Cancellation of Service
You can cancel your account by delivering notice to Internet Communications Inc's Customer Service Department as follows:
US Mail: Internet Communications Inc, 1530 P B Lane Suite R103, Wichita Falls TX 76302
Cancellation will take effect upon last day of the current billing period of your request. Internet Communications Inc reserves the right to collect fees, surcharges or costs incurred before you cancel your Internet Communications Inc service. Email termination of your service will not be accepted.
In the event that your account is terminated or canceled, before the end of your current term of service a refund check or credit to your credit card will be applied. A refund processing fee of $40.00 will be applied to service canceled before the end of the service term. Account closed before the end of the current term will be bill at monthly rate to compute the credit if any left.
Dial Up Account Usage
Using a personal dial up account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited.
Any order for a domain transfer or new domain registration, the Domain Registration Agreement shall apply. This includes the hosting service, which may include using the domain transfer, or new domain registration services.
Web hosting service have monthly transfer limits. Web services which transfer data over their limit will be charged the over usage fee listed on their web hosting plan.
All email using Internet Communications server must be RFC compliant. Persons transmitting mail must not do anything that tries to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.
Bulk mailings must specifically state how the e-mail addresses were obtained and must indicate the frequency of the mailing. Such details as the date and time when the e-mail address was obtained along with the IP address of the subscriber and the web site they visited to sign-up must be made available to Interent Communications upon request. Bulk mailings should contain simple and obvious unsubscribe mechanisms. All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including phone number and a physical mailing address.
All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not have requested to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Internet Communications Inc upon request. Persons sending bulk mail must immediately remove any e-mail address which causes a permanent failure "bounce" message to be generated.
When the rent and fees are late and unpaid and we have made appropriate demand for payment in that month, anything stored in the rack becomes subject to lien and will be subject to public sale. After the Owners Lien for Unpaid Rent has been attached to your account, the only way to prevent your stored property from being sold at public sale is to satisfy the lien by payment of all rent, fees, charges, tax and any other assessments deemed to be due.
INTERNET COMMUNICATIONS INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES OR THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW. INTERNET COMMUNICATIONS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INTERNET COMMUNICATIONS INC DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES OR SOFTWARE OR INTERNET ACCESS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT. NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
No party shall be liable to the other party for any costs or damages of any kind, including incidental or consequential damages, or for indemnification, solely on account of the lawful termination of this agreement, even if informed of such damages.
Neither Internet Communications Inc nor Customer shall be deemed in default of this agreement if it's performance or obligations under this agreement are delayed or become impossible or impractical by reason of any act of God, war, civil disobedience or any other cause beyond the control of such party. Notwithstanding the foregoing, a change in economic conditions or technology shall not be deemed a force major event.
Internet Communications Inc may terminate this agreement effective immediately in the event of: i) Customer's insolvency, bankruptcy, receivership or dissolution; ii) Customer's actual or attempted assignment of this agreement or any of its duties under this agreement to another party with out written permission; iii) Customer's breach or threatened breach of any provision of this agreement; iv) Customer's death or incapacity if Customer is a natural person.
This agreement constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings, statements, negotiations, proposals, undertakings and agreements, oral or written, between the parties with respect to the subject matter of this agreement. Any amendment or supplement this agreement shall be in writing.
Court of Jurisdiction
This agreement takes effect when accepted by Internet Communications in Texas. It is to be governed by and construed under the laws of the State of Texas and the United States of America. The federal and state courts of the State of Texas with in Wichita Falls County shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Texas and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Internet Communications. Internet Communications will comply with all orders issuing from tribunals having jurisdiction over Internet Communications, and that such compliance could affect the services provided by Internet Communications to Customer.
In the event either party in connection with this agreement, the prevailing party in such litigation, brings any litigation or other proceeding or other proceeding shall be entitled to recover from the other party all costs, attorney fees and other expenses incurred by such prevailing party in litigation.
In the event that any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.
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