MASTER TERMS & CONDITIONS FOR ALL USERS This Master Terms & Conditions Agreement (the .Master Agreement.) is applicable to all customers or users (.You.) of Internet service provided by Telco Wiring & Repair, Inc. (.TELCO.). Telco is a corporation organized under the laws of the state of Washington. Its physical address is: 613 N 27th, Pasco, WA 99301. Its mailing address is: PO Box 2503, Pasco WA. 99032 This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service provided by TELCO. If You do not agree to be bound by the terms and conditions in this Master Agreement, do not use or access TELCO.s site or services. TELCO provides its services subject to your compliance with the terms and conditions herein.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
This Master Agreement may be modified by TELCO from time to time, without prior notification to You. However, a notice that this Master Agreement has been modified will be emailed to the email address you provide to TELCO. You agree to abide by the terms and conditions in this Master Agreement and all subsequent modifications of this Master Agreement by continuing to use service provided by TELCO. Failure to abide by these terms and conditions may, at TELCO.s option, result in the termination of any or all services TELCO is providing to You.
Any notifications required by this Master Agreement may be delivered to You by electronic mail, and You consent to receive communications from TELCO electronically. TELCO.s notification email address, which must be used in any official communication with TELCO, is firstname.lastname@example.org. It is Your responsibility to ensure that TELCO has a valid email address for You on file. TELCO.s inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will remove TELCO.s obligation to attempt to contact You further.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Your continued use of the services provided by TELCO following TELCO.s posting of any changes to this Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use TELCO.s services or TELCO.s site.
A current copy of this Master Agreement can be found at: . The version of this ISP Agreement stored at that URL is considered the current and binding version of this Master Agreement.
You may not enter into this Master Agreement (and thus may not use the services provided by TELCO) if You are less than 18 years old or if You are unable to make a legally binding contract with a Washington state corporation.
By accepting this Master Agreement, You agree that the location for any litigation arising out of this Master Agreement will be in Franklin County, Washington, USA. You furthermore agree to waive all rights to request or enforce a change of such location (venue) and You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive reasonable attorney.s fees and court costs from the other party.
TELCO has the right, but not the obligation, to monitor any activity and content associated with its sites or services. TELCO may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
TELCO also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect TELCO.s systems and customers, or to ensure the integrity and operation of TELCO.s business and systems, TELCO may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by TELCO.
TELCO PROVIDES ITS WEB SITE AND SERVICES .AS IS. AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TELCO FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. TELCO FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IN NO EVENT SHALL TELCO OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF TELCO.S SITE, SERVICES OR THIS AGREEMENT.
TELCO.S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO TELCO IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $100.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by TELCO, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings (.spam.), or any material designed to discover and/or breach the security systems of TELCO or any third party (.hacking.), or any content known to contain a software virus or Trojan horse (.infected material.), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America (.illegal content.). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content you transmit to or through the TELCO system (.spoofing.). Standard network techniques such as network address translation or e-mail proxies are not considered “spoofing.” You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those you originate (.cancel bots.). You agree not to use any third party site or service to promote a TELCO site or service in an abusive manner (.hostile redirection.). You agree not to place or store material on TELCO sites or services that infringe a third party.s copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets (.illegal storage.).
TELCO reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in any actions which constitute system abuse including, but not limited to, the following:
1) Attempting to circumvent user authentication or security of any host, network, or account on TELCO systems or the Internet at large (“cracking”).
2) Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
3) Forging email or USENET posting header information.
4) Sending large numbers of unsolicited mail messages (i.e.”junk mail”) this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
5) Forwarding or posting “chain letters” (multiple forwarding) of any type.
6) Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately (“spamming”), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
7) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one’s own.
8) Engaging in harassment, whether through language, frequency, or size of messages.
9) Using an account at another provider to promote a TELCO Web site in an abusive manner.
10) Using an TELCO account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
11) Reselling TELCO services to third parties who do not abide by these guidelines.
12) Placement of copyrighted or trademarked information on servers maintained by TELCO.
13) Using TELCO.s system or equipment in support of activities that would, if conducted on TELCO.s system, violate this ISP Agreement.
14) Any activity which TELCO believes, in its sole judgment, to be in support of spamming activities.
(15) Any entry into TELCO’s website or system to extract data is unauthorized and prohibited, unless it relates directly to evaluating or using TELCO ‘s commercial or residential services.
16) Transmission of Unsolicited Bulk E-Mail. TELCO does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the internet to its customers. TELCO does not authorize the harvesting or collection of screen names from its equipment or customers for the purpose of sending unsolicited bulk e-mail. TELCO reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the TELCO system. Unauthorized use of the TELCO system in connection with the transmission of unsolicited bulk e-mail or counterfeit or misleading e-mail may result in substantial civil penalties against the sender, including those provided by the Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.) and the federal Computer Fraud and Abuse Act (18 U.S.C. sections 1030 et seq.).
You acknowledge TELCO’s right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the TELCO system.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the internet or to any network attached to the internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of TELCO.s sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
TELCO will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes, but is not limited to, long distance charges incurred by calling a long distance phone number to receive customer support or to connect to TELCO sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any TELCO site or service to any third party without first entering into an Agreement with TELCO for that purpose. If you have questions or concerns about any of these terms and conditions, please send an e-mail to email@example.com. BLJ/BLJ03194/ISP Agreement 041026