This agreement supersedes and replaces all previous agreements and is subject to change without notice.
These terms and conditions constitute a binding contract between you and ElectroCities Web Services. They explain ElectroCities Web Services obligations to you, and explain your obligations to ElectroCities Web Services when you use ElectroCities Web Services access services. By using any of these Internet access services, you agree that your use of the access services and your access to the Internet is provided in consideration of your agreement to abide by these following terms and conditions. They should be reviewed now and prior to each session for changes are made to them from time to time.
I. Terms of Agreement.
II. Registration Information.
III. Access Services.
IV. Content of Communications.
V. Copyright and Other Rights.
VIII. NO WARRANTY.
XI. Outstanding Balances
XIII. Special Circumstances Regarding On-Site Computer Repair Services
The Golden Rule - We
did not write it, we did not make it, and we did not break it.
We do not "fix" problems, we only "repair" them as instructed by the manufacturer.
If you hate your computer - tell Microsoft - NOT US.
All residential customers are on credit
card terms only. No other form of payment is accepted on residential
services. Cash, Check, Money Orders, or COD's will not be accepted.
All recurring and future work will
automatically be billed to the credit card number on file.
All invoices are due in full upon
completion of services.
All Labor times are per man hour unless
Labor time is determined by the "real
time" used to complete repairs, install software, or download updates.
Delays in downloading (but not limited to) software updates, and/or drivers
due to (but not limited to) network congestion or connection speeds will
significantly increase the amount of labor hours required to complete work.
All costs related to parts or tangible
items must be paid in full, up front and are non-refundable.
All labor charges are non-refundable and
all work is performed as-is and with no implied warranty.
All tangible items must be returned
unopened in the original package, and are subject to a restocking fee.
In the event of a return, credit will only
be applied to the purchase of another product.
All hardware items are subject to the
warranty terms of the individual manufacturer.
All software applications and operating
systems are the sole responsibility of the companies that produce them.
Performance issues and compatibility issues are the sole responsibility of the
In the event a part is defective, a replacement part will be issued to the customer as per the warranty terms of the manufacturer of said part.
ElectroCities Web Services Online Policies
ElectroCities Web Services dedication to customer service means that ElectroCities Web Services strives to maintain Internet Access Services ("Access Services") that provide ElectroCities Web Services customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Access Services in an improper or unlawful manner.
ElectroCities Web Services Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: ElectroCities Web Services Account Charges; the Content of the Online Material that you may find on or through the Access Services; purchasing Online Goods and Services through the Access Services; and how to report complaints regarding a person's or others online conduct by using ElectroCities Web Services Complaint Response Procedures.
ElectroCities Web Services Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Services by engaging in any of the activities prohibited below, ElectroCities Web Services may suspend or terminate your account.
Your use of ElectroCities Web Services Access Services must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, gambling, defamation, the right of privacy, false advertising, fraud, as well as sites that carry content that is grisly, depicts felonious acts, violence, or likewise potentially offensive material.
In addition to such laws and regulations, when using the Access Services you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Services. You must also ensure that your use of the Access Services is governed by the rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on ElectroCities Web Services Internet Access Services. Following these rules will ensure that everyone has an enjoyable Access Service experience.
1. INTERACTIVE USE
(a) Use of the Access Services by non-dedicated access Customers must be "interactive." For all purposes of these Online Policies and the Internet Access Agreement, the Customer agrees and understands that "interactive" means that, (1) the Customer must be physically present in front of the computer or terminal; and, (2) the Customer must, at least once every 20 minutes, enter a command by direct physical contact with the computer keyboard or mouse.
(b) If ElectroCities Web Services has reason to believe that a Customer is not using the Access Services on an "interactive" basis then, in that event, ElectroCities Web Services may, at its sole option, and without further notice, cancel Customer's access, or suspend Customer's access until such time as Customer proves to ElectroCities Web Services sole satisfaction that Customer's use of the Access Services was in fact "interactive" at all times. In addition to the above, if the connection to ElectroCities Web Services Access Services has no real time activity directly from the user for a period of 20 minutes, ElectroCities Web Services may disconnect services and end the session.
2. PROHIBITED/ABUSE ACTIVITIES.
For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form.
When using the Access Services:
(a) Defamation. You agree not to post or transmit any information in violation of any applicable law.
(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Services. This mean any information that you know or have reason to know is false, and that you intend for others to rely on.
(c) False Advertising. You agree not to post or transmit on or through the Access Services any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., a classified newsgroup) that are designated for such a purpose.
(e) Copyright Violations. You agree not to post or transmit on or through the Access Services any information that infringes another person's or entity's copyright in all or any part of the information.
(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Services any information that infringes another person's rights in its trademark, trade dress, or service mark.
(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Services any information that reveals trade secrets belonging to another person, business, service, or other entity.
(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Services without installing Adult Check age verification to restrict said material from minors or other person(s) that may be offended by this material. This policy also covers any advertising banner or button that may also contain such material.
(i) Harassment, Threats, and Abuse. You agree not to use the Access Services to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.
(j) False Pretenses. You agree to not use the Access Services to impersonate any person, including but not limited to, an ElectroCities Web Services official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Services.
(l) Inappropriate Content. You agree not to post or transmit on or through the Access Services information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Services.
(n) Disruptive Activities. You agree not to use the Access Services to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.
(o) Violations of Service Providers' Rules. You agree to not use the Access Services to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Services for more than one session at any time.
(q) Abuse of ElectroCities Web Services Procedures. You agree not to make false or unverified complaints against any ElectroCities Internet subscriber, or otherwise abuse any of ElectroCities Web Services Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse ElectroCities Web Services system by causing any harm to the system so that it inhibits other users ability to effectively use the system.
(s) SPAM. Post or cross post, regardless of content, of the same message to 20 or more newsgroups or individuals.
(t) Miscellaneous. In addition to the foregoing, the following acts and conduct are also prohibited:
(1) When using your UNIX shell account, the use of SLIP/PPP emulators such as TIA;
(2) Inappropriate use of IRC (Internet Relay Chat) is prohibited, on ElectroCities Web Services server or any other server. This includes, but is not limited to, "bots" and "bot-like scripts," "clone bots", multiple connections, channel takeovers, harassment, and flooding;
(3) All accounts, with the exception of UUCP, are for end user use only. No resale of TCP/IP connectivity (including SLIP and PPP) is permitted;
(4) Attempting to circumvent user authentication or security of any host, network, or account on ElectroCities Web Services network or the Internet at large ("cracking") is prohibited;
(5) Forging email or USENET posting header information is prohibited;
(6) Sending large numbers of unsolicited email messages ("junk mail") is prohibited;
(7) Posting inappropriate messages to USENET newsgroups is prohibited. Inappropriate messages include, but are not limited to: posting large numbers of unsolicited posts indiscriminately ("spamming"), posting off-topic message(s) (i.e. movie reviews in soc.culture.spain), and posting encoded binary files to USENET newsgroups not specifically named for that purpose;
(8) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own is prohibited;
(9) Using an account at another provider to promote, in an abusive manner, services offered on ElectroCities Web Services network or systems in prohibited; and,
(10) Using a ElectroCities Web Services account to collect replies to messages sent from another provided which violate these rules is prohibited.
3. CONTENT OF ONLINE MATERIAL.
ElectroCities Web Services Internet Access Services provide access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on ElectroCities Web Services computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.
As a matter of policy, ElectroCities Web Services does not pre-screen Content placed on ElectroCities Web Services computer servers by any of its subscribers. ElectroCities Web Services does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on ElectroCities Web Services servers which may violate ElectroCities Web Services rules, nor can ElectroCities Web Services ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on ElectroCities Web Services servers. You may, therefore, receive offensive and unsolicited Content that ElectroCities Web Services cannot control.
Although ElectroCities Web Services retains the right to remove Content from ElectroCities Web Services computer servers that violates its subscriber agreement, the Access Services provide access to users who are not a part of ElectroCities Web Services. ElectroCities Web Services does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.
Accordingly, ElectroCities Web Services cannot be responsible for any conduct, Content, goods, and services available on or through the Access Services. ElectroCities Web Services suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. No parental control software, however, is perfect. Your use of such software is therefore solely at your own risk. ElectroCities Web Services makes no warranties or representations whatsoever as to the accuracy, completeness, or usefulness of any parental control software or service.
4. PRIVACY OF COMMUNICATIONS.
ElectroCities Web Services intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that ElectroCities Web Services has the right, but not the obligation, to monitor or disclose the contents of private communication, if ElectroCities Web Services, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect ElectroCities Web Services rights, systems or network, and/ or property; or (3) in emergencies when a person's physical safety may possibly be at issue.
5. ONLINE GOODS AND SERVICES.
ElectroCities Web Services does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Services. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Services. These should be avoided or approached with ample skepticism.
All such Content, goods, and services are made available by independent third parties and are not part of ElectroCities Web Services or controlled by ElectroCities Web Services. Please remember that ElectroCities Web Services does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Services, and your use thereof is solely at your own risk.
You should use your best judgment and exercise caution when purchasing a product through the Access Services. ElectroCities Web Services will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Services. ElectroCities Web Services assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. ElectroCities Web Services disclaims any responsibility for any such transactions even where the Access Services feature or display a link with a particular World Wide Web site.
By using the Access Services you agree that neither ElectroCities Web Services nor its affiliates, officers, directors or employees shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, personal injury, consequential damages, emotional injury, or any other type or kind of damage caused, or alleged to have been caused by your use of, or reliance on, goods, or any Content, services available on or through the Access Services.
6. ACCOUNT CHARGES.
Your monthly account charges are payable in advance. If you terminate your account, ElectroCities Web Services has the right to retain and/or collect all fees owed to date even though same may be for services not rendered prior to termination. If your account is terminated by ElectroCities Web Services because of violations of ElectroCities Web Services Online Policies, you will not be entitled to a prorated refund, such forfeiture being agreed to you and ElectroCities Web Services as liquidated damages and not as a penalty.
You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify ElectroCities Web Services of a breach of security by calling ElectroCities Web Services at 1-856-218-1789 and your password is changed. Please be advised that the Contact Person or Owner of the ElectroCities Internet Account is solely responsible for activities conducted through, on or with their ElectroCities Web Services Account. If you, or someone to whom you have given access to your account, violates the ElectroCities Web Services Access Agreement, your account will be canceled.
If you pay by credit card, you expressly authorize ElectroCities Web Services to charge the credit card account number associated with your Account for any Access Services charges that accrue from month to month. You reauthorize ElectroCities Web Services to charge your designated credit card account each time you use the Access Services. This authorization will remain valid until you terminate your authorization in writing. ElectroCities Web Services may immediately terminate your account, in ElectroCities Web Services sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to ElectroCities Web Services for all charges incurred by ElectroCities Web Services due to said declines, returned checks, etc.
A billing cycle will begin on the date you purchase the Access Services and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Access Services. It may be necessary, however, for ElectroCities Web Services to change billing cycles from time to time. In said instances, account charges will be prorated in accordance with the new billing cycle.
If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by ElectroCities Web Services prior to the first day of each billing cycle. Only accounts with monthly charges of $35.00 or more can be invoiced. Your account will be considered to be in default if payment of your account charges is not received within thirty (30) days after the date of your invoice. If your accounts is still unpaid forty-five (45) days after the date of your invoice, you may have your Access Service interrupted or terminated without further notice to you.
If any instrument received in payment is returned to ElectroCities Web Services unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.
If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay ElectroCities Web Services its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing ElectroCities Web Services rights under ElectroCities Web Services Internet Access Agreement.
7. ELECTROCITIES WEB SERVICES COMPLAINT RESPONSE PROCEDURES.
ElectroCities Web Services dedication to customer service means that ElectroCities Web Services takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both ElectroCities Web Services subscribers and complaints by other Internet users. ElectroCities Web Services believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.
ElectroCities Web Services will endeavor to respond to any complaint that involves online activities that are Prohibited Activities under the ElectroCities Web Services Online Policies.
ElectroCities Web Services will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about ElectroCities Web Services subscribers. Under these procedures, Internet users -- including ElectroCities Web Services subscribers -- are responsible for monitoring use of the Internet by others. ElectroCities Web Services may, at its sole option, issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of improper activities.
How to Submit a Complaint:
1. Form of Complaint Complaints may be submitted in any form: by e-mail email@example.com, fax to (925) 281-1789, or mail to ElectroCities PO Box 405, Pitman, NJ 08071.
2. What Information Should be Submitted
If you register a complaint with ElectroCities Web Services Customer Service department, you should submit the following information:
The online i.d. of the ElectroCities Web Services subscriber involved, and if possible, any other information about the subscriber, such as his or her name and address;
A detailed description of the activities involved; If possible, the specific category or categories of Prohibited Activity you believe is involved in the activities; The dates the activities took place, e.g., the date information was posted.