GSC INTERNET SERVICE AGREEMENT TERMS AND CONDITIONS
THIS AGREEMENT is entered into between Granite State Long Distance, Inc. a New Hampshire corporation doing business as Granite State Communications (“GSC”), and the person or entity who makes use of GSC’s Internet services and/or products (“Customer”) and is subject to acceptance by GSC. Customer’s acceptance is limited to the terms and conditions of this offer. No additions or subtractions by Customer are acceptable.
1. PROVISION OF SERVICE. GSC shall provide and Customer shall accept Internet Service (all Internet related services provided by GSC offered herein and hereinafter defined as “Service” or “Internet Service”) at the applicable rates and charges, subject to the terms and conditions specified in this Agreement. GSC shall provide Customer with an access account ID(s) by which Customer may use GSC’s Service. Customer shall not have any proprietary right to the access account ID(s), IP Address(s), or access phone numbers(s) provided to it by GSC. The Service is furnished for Customer’s own use and may not be resold by Customer to third parties. GSC reserves the right to revise, in its sole discretion, the rates, terms, and conditions of its Agreement with Customer. Customer agrees to pay for Service pursuant to such revised rates, terms, and conditions, unless Customer terminates this Agreement in accordance with the terms and conditions of this Agreement. GSC reserves the right to assign, designate or change access account ID(s), IP Address(s) or access phone number(s) when, in its sole discretion, such assignment designation or change is reasonable or necessary in the conduct of its business. Service is subject to transmission limitations caused by atmospheric, topographical and any other like conditions. Service may be temporarily refused, limited, interrupted or curtailed due to government, regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because modifications, upgrades, repairs or other activities necessary or proper for the operation or improvement of GSC’s Service.
2. CUSTOMER SERVICE REQUESTS. Applications, including activation, a change or discontinuance of Service, will be accepted only from Customer in person, by telephone, in writing via facsimile transmission, in writing via US mail or electronically.
3. LIMITATION OF GSC’S LIABILITY.
A. Customer understands that alternative and competing Internet communications carriers are available to Customer; occasional interruption or irregularities in the Service may occur; any potential harm from interruptions or irregularities in the service is speculative in nature; GSC cannot offer the service at rates which reflect its value to each customer; and GSC assumes no responsibility other than that contained in this Agreement. Accordingly, Customer agrees that except as limited by law, GSC’s sole liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the Service or transmission of Service provided by GSC or any underlying communications carrier, or for losses or damages arising out of the failure of GSC or any underlying communications carrier to maintain proper standards of maintenance and operation shall be as follows:
I. A credit allowance as described in subsection 3 (a) (iii) below, will be made at Customer’s request in the form of a pro-rata adjustment of the fixed monthly charges billed to Customer. Fixed monthly charges are the monthly charges for access and optional features per access account ID, all as described in the schedule of rates and charges in effect at the time of interruption.
II. Such credit allowance will be based upon the period of the time during which such mistakes, omissions, delays, errors or defects in the Service or its transmission caused interruptions in the rendering of the Service. Any such period of time an interruption occurs will be measured from the time it is reported to GSC. In the event Customer is affected by such interruption for a period of less than 24 hours, no such adjustment shall be made. When an interruption exceeds 24 hours, the length of the interruption will be measured in 24-hour days. A fraction of a day will not be credited.
III. The credit allowance will be computed by dividing the length of the Service interruption by a standard 30-day month and then multiplying the result by GSC’s fixed monthly charges for each interrupted access account ID. In no case will the credit exceed the fixed monthly charges.
IV. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects, or curtailments in the Service caused by the negligence or willful act of Customer or other parties, or mistakes, omissions interruptions, delays, errors, or defects caused by failure of equipment or service not provided by GSC.
V. The Service furnished by GSC, in addition to the limitations set forth preceding, is also subject to the following limitation: the liability of GSC for loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the service, its transmission or failures or defects in facilities of the underlying communications carrier, occurring in the course of furnishing Service and not caused by the negligence of the authorized user, or the underlying communications carrier in failing to maintain proper standards of maintenance and operation and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the authorized user for service during the period of time in which such mistakes, omissions, interruptions, delays, errors, or defects in service, its transmission, or failures or defects in facilities furnished by GSC or the underlying communications carrier occurred.
B. GSC shall in no event be liable for Service or equipment interruptions or delays in transmission, errors or defects in Service or equipment, when caused by acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond GSC’s or any underlying communications carrier’s control.
C. Customer acknowledges that Internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. GSC is not liable to Customer for any claims, loss, damages or cost that may result from lack of privacy on the Internet.
D. Customer acknowledges that Internet systems may carry material which may be considered abusive, profane or sexually offensive and that GSC is not liable to Customer for any claims, loss, damages or cost which may result from such material.
E. Customer hereby agrees to indemnify and save GSC harmless against claims for libel, slander, or infringement or copyright from the material in any form over its facilities by Customer or those using Customer’s equipment; against claims for infringement of patents arising from combining or using apparatus or systems of Customer with the facilities of GSC or any communications carrier; and against all other claims arising out of any act or omission of Customer in connection with the facilities or service provided by GSC.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES.
A. CUSTOMER ACKNOWLEDGES AND AGREES THAT GSC IS NOT THE MANUFACTURER OF EQUIPMENT AND INTERNET PACKAGE SOFTWARE, AND GSC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH THE EQUIPMENT OR SERVICE OR INTERNET PACKAGE SOFTWARE (WHETHER PURCHASED OR LEASED BY CUSTOMER FROM GSC OR ANOTHER), INCLUDING BUT NOT LIMITED TO ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. GSC, TO THE EXTENT PERMITTED BY LAW, ASSIGNS TO CUSTOMER ANY AND ALL MANUFACTURERS’ WARRANTIES RELATING TO EQUIPMENT OR INTERNET PACKAGE SOFTWARE PURCHASED BY CUSTOMER, AND CUSTOMER ACKNOWLEDGES RECEIPT OF ANY AND ALL SUCH MANUFACTURERS’ WARRANTIES.
B. 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 AND THAT GSC SHALL HAVE NO LIABILITY TO CUSTOMER IN ANY EVENT FOR ANY LOSS, DAMAGE, INJURY, OR EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO ANY EQUIPMENT OR SOFTWARE OR SERVICE PROVIDED HEREUNDER. WITHOUT LIMITING THE ABOVE, GSCSHALL HAVE NO LIABILITY OR OBLIGATION TO CUSTOMER, IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY CUSTOMER, SUCH AS, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND INCURRED BY CUSTOMER DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO ANY EQUIPMENT OR SERVICE OR SOFTWARE DESCRIBED HEREUNDER, WHETHER OR NOT CAUSED BY GSC’S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. ANY REFERENCES TO EQUIPMENT OR SOFTWARE IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO ALL EQUIPMENT OR SOFTWARE PURCHASED BY CUSTOMER OR LEASED BY CUSTOMER FROM GSC OR ANOTHER LESSOR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
5. INDEMNIFICATION AND RELEASE. Customer agrees to release, defend, indemnify and hold harmless GSC, it officers and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of this Agreement, including, without limitation, claims for personal injury or wrongful death to Customer or users of the equipment, products or services provided by GSC or used in conjunction with such equipment, products or services provided by GSC and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of GSC, its agents or employees.
6. OPERATING RULES. These Operating Rules are provided to make on-line information usage and communications a positive and secure experience for subscribers.
A. Customer warrants Customer is at least 18 years old.
B. Customer warrants that, to the best of Customer’s knowledge, all information provided to GSC is accurate.
C. Violation of, or engaging in, one or more of the practices contained in the GSC Internet Service Acceptable Use Policy will result in termination of the offender’s account and/or access to GSC services.
D. Nothing contained in this policy shall be construed to limit GSC’s actions or remedies in any way with respect to any of the foregoing activities. GSC reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the GSC service, and levying cancellation charges to cover GSC’s costs.
E. In addition, GSC reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
7. RATES AND CHARGES. Unless otherwise agreed by GSC, Customer will be billed in arrears for monthly access base rate charges, extended connect time, bandwidth and disk use charges. Unless otherwise agreed by GSC, Customer will be charged a minimum of one minute of connect time for each connected call. Chargeable connect time is measured from the time of channel seizure to channel termination for connected calls and billed in one (1) hour increments.
A. Payment is due to GSC upon receipt of monthly invoice.
B. Customer shall be responsible for payment of charges for all services furnished by GSC, including without limitation, Service establishment fees, Service connection charges and charges for enhanced features, sales and use taxes, other taxes required by law, fees or other extraction imposed by or for any municipal or other political authority against GSC. Rates and charges shall be based on prices in effect at the time Service is furnished.
C. Payments received after the due date shall incur a late payment charge of 1.2% per month on the unpaid balance for each month or fraction thereof that such balance shall remain unpaid or, if less, the highest rate of interest allowed by law.
D. In the event that Customer’s equipment is lost, stolen or otherwise absent from Customer’s possession and control, Customer shall nonetheless be liable for all use and other charges attributable to the Internet access account ID until such time as GSC is notified of the loss, theft, or other occurrence.
E. When payment for Service or equipment is made by check, draft, credit card account or other negotiable instrument, a charge may be made by GSC for each time such item is returned unpaid to GSC for any reason except to the extent limited by law.
F. Unless otherwise agreed by GSC, Customer shall be responsible for all outstanding charges for service rendered and shall be responsible for all charges through the end of the billing cycle within which termination occurs, without proration of any such charge.
8. DEFAULT AND WAIVER.
A. In the event that Customer shall default in the payment when due of any sum due hereunder, or in the event of any default or breach of the terms and/or conditions of this Agreement, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, GSC, at its option, may:
I. Proceed by appropriate court action or actions to enforce performance by Customer of the applicable covenants and terms of this Agreement or to recover damages for the breach thereof; and/or
II. Terminate this Agreement, whereupon all rights and interests of Customer shall terminate and Customer shall remain liable for all Services provided.
B. Customer shall pay to GSC on demand any and all past due amounts which GSC may sustain by reason of such default or breach by Customer, together with all other charges as provided by this Agreement, reasonable attorney’s fees incurred by GSC in connection with such breach or default by Customer and all other costs and expenses incurred by GSC in collecting such amounts. All amounts shall be payable by Customer without set off or deduction of any kind.
C. The remedies provided in favor of GSC in the event of default shall not be deemed to be exclusive but shall be in addition to all other remedies in its favor existing at law.
D. No failure on the part of GSC to exercise any right or remedy arising directly or indirectly under this Agreement shall operate as a waiver of any right or remedy it may have nor shall an exercise of any right or remedy by GSC preclude any other right or remedy GSC may have.
9. ASSIGNMENTS. Neither this Agreement nor Customer’s rights hereunder shall be assignable by Customer except with GSC’s prior written consent. The conditions hereof shall bind any permitted successors and assigns of Customer.
10. ENTIRE AGREEMENT; AMENDMENTS; EFFECTIVENESS; GOVERNING LAW. Customer acknowledges that this Agreement, together with any amendments, supplements or update transmitted to Customer by US Mail or electronic mail and made available on GSC’s web page, contains the entire agreement between the parties relating to the services and/or equipment described in this Agreement and that GSC and its employees have not made orally or in writing any representations, warranties or agreements inconsistent with the terms of this Agreement. No modification, change or alteration of any of the terms of this Agreement shall be valid unless (i) made by GSC and transmitted by electronic mail and posted on GSC’s web site not less than 30 days prior to the effective date of such amendment or (ii) made in writing and signed by GSC and Customer except as otherwise proved herein. In the event that GSC provides notice by electronic mail of its intention to amend this Agreement, Customer shall be entitled to cancel this Agreement as of the proposed effective date of such amendment. If Customer does not cancel, then such amendment shall become effective, and this Agreement shall continue in effect as so amended. This Agreement supersedes all prior agreements and understandings, both oral and written, with respect to the subject matter hereof. Customer agrees to notify GSC within 30 days of any change of Customer’s address. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of New Hampshire. USE OF THE SERVICE AFTER RECEIPT OF THIS AGREEMENT CONSTITUTES THE AGREEMENT OF CUSTOMER THAT THIS AGREEMENT SHALL SUPERSEDE ALL PRIOR AGREEMENTS. GSC AND CUSTOMER SHALL HONOR ALL PAST OBLIGATIONS UNDER AGREEMENTS IN EFFECT PRIOR TO THE EFFECTIVENESS OF THIS AGREEMENT.
11. 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.
12. RENEWAL AND TERMINATION. Unless Customer or GSC terminates this Agreement as provided herein, and except as otherwise agreed, upon completion of any initial term of this Agreement, this Agreement shall renew on a month-to-month basis. Notice of Customer’s intent to terminate this Agreement shall be made to GSC at PO Box 87, Weare, NH 03281-0087, in person, via fax at (603) 529-1022 or via phone at (603) 529-9916. GSC reserves the right not to renew this Agreement at any time prior to the conclusion of the initial or any renewal term by giving Customer notice of same.
Effective: August 11, 2009
GSC INTERNET SERVICE ACCEPTABLE USE POLICY
GSC’s Internet Service Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of GSC’s Internet Services must comply with this Policy. By using the GSC Internet Service, you confirm your acceptance of, and agree to be bound by, this Policy.
GSC supports the free flow of information and ideas over the Internet and does not actively monitor use of Internet services under normal circumstances.
GSC does not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup or any other material created or accessed through GSC Internet services. GSC does not endorse or stand behind the accuracy, truthfulness, or reliability of any information (including statements of opinion or advice) provided on or by means of GSC Internet service.
GSC does not accept responsibility for the content of the materials or information published by others nor the violation of any laws resulting from such publication. GSC may, at its sole discretion, remove any materials that may be illegal or may subject GSC to liability or which may violate this Policy.
VIOLATIONS OF ACCEPTABLE USE POLICY
You are responsible for your communications via, and your use of, the GSC Internet Service. The following constitute Violations of the GSC Internet Service Acceptable Use Policy:
Illegal Use: Use of GSC Internet Service to publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via GSC Internet Service, or violate any applicable local, state, national or international law either intentionally or unintentionally.
Harassment: Use of GSC Internet Service to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others.
Unauthorized Access: Intercepting or attempting to intercept E-mail, attempt to access the accounts of others, or attempt to penetrate the security measures of GSC Internet Service whether or not the intrusion resulted in corruption or loss of data. This includes, but is not limited to, intentionally seeking information on, obtaining copies of, or modifying files, e-mail or other data, or passwords belonging to other users without permission.
Forgery: Internet e-mail sent, or caused to be sent, to or through GSC Internet Service’s network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing is prohibited. Similarly, e-mail that is relayed through a third party’s mail server without the permission of that third party, or which employs similar technologies to hide or obscure the source of the e-mail is unauthorized.
Copyright or Trademark Infringement: Uploading, e-mailing or posting of files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, copyright, trademark, patent, trade secret or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
Fraudulent Activity: Use of GSC Internet Service services 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” or “chain letters” is expressly prohibited.
Security and Resource Infringements: Use of GSC Internet Service in a manner that adversely affects the availability of its resources to other users including unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission, including but not limited to port scanning, network attacks, and the transmission of viruses or virus hoaxes.
Unsolicited / Bulk E-mail: Sending E-mail to users for any purpose other than personal communication, including but not limited to, transmit unsolicited commercial or bulk e-mail, advertise or offer to sell goods or services to other users.
REPORTING OF VIOLATIONS
GSC requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to email@example.com.
In order to pursue a violation report, the following information is necessary:
1. The IP Address used to commit the alleged violation
2. The date and time of the alleged violation in Greenwich Mean Time
3. Evidence of the alleged violation
E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the information above.
GSC may take one or more of the following actions in response to a violation report: Issue a written warning; suspend the offending user’s account, terminate the offending user’s account, bring legal action against offending subscriber, or report the violation to governmental authorities.
Effective: August 11, 2009