Accetable Use Policy
This agreement represents the complete agreement and understanding between CIC Technologies, Inc., its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice, published on-line at Acceptable Use Policy, CIC Technologies, Inc. may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services and/or products offered.
If you do not agree to these terms and conditions, please notify our Customer Service Department at (828) 497-3315 during normal office hours so we can terminate your account. Failure to notify CIC Technologies, Inc. shall constitute your approval.
- All individuals accessing CIC Technologies, Inc. Internet Services represent to CIC Technologies, Inc. that they are 18 years of age or older. Certain material available on the Internet through CIC Technologies, Inc. Internet Services may not be suitable for individuals under the age of 18.
- User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. CIC Technologies, Inc. Internet Services has no control over and accepts no responsibility whatsoever for such materials.
- Information transmitted through CIC Technologies, Inc. Internet Services and through the Internet in general is not confidential. Therefore, CIC Technologies, Inc. can not and will not guarantee the privacy and/or protection of any user. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.
- CIC Technologies, Inc. exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via CIC Technologies, Inc. Internet Services is at your own risk. Neither CIC Technologies, Inc. nor any of its licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does CIC Technologies, Inc. or its licensors, employees, or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither CIC Technologies, Inc. nor anyone else involved in creating, producing, or delivering the service shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of CIC Technologies, Inc. Internet Services, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- User agrees to indemnify and hold without harm CIC Technologies, Inc., its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.
- CIC Technologies, Inc. Internet connections and all other services provided to the user by CIC Technologies, Inc. may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, material(s) protected by patent, license or copyright, or any material considered to be a trade secret by it's owners. User agrees to indemnify and hold harmless CIC Technologies, Inc. from any claims resulting from your use of the service which damages you or another party. CIC Technologies, Inc. reserves the right to refuse and delete at any time the content of any Web pages hosted on CIC Technologies, Inc. servers if the content of such Web pages contains material deemed to be threatening, obscene, offensive or potentially damaging to the reputation of CIC Technologies, Inc. All decisions regarding content deemed inappropriate by CIC Technologies, Inc. are final and at CIC Technologies, Inc. sole discretion.
- The right to use CIC Technologies, Inc. Internet Services is non-transferable. Accounts are for your use only! User is responsible for the confidentiality of their passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.
- CIC Technologies, Inc. Internet Services should not be used to send unsolicited advertising or promotional materials to other in-network or out-of-network users (SPAM). Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. CIC Technologies, Inc. DOES NOT ALLOW users to run Mailing lists, List Servers or any other form of auto-responder from a user's account. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or CIC Technologies, Inc. will not be tolerated. When CIC Technologies, Inc. becomes aware of possible violations of this policy, we will initiate an internal and possibly a criminal investigation to be determined by the type and/or frequency of harassment. At the same time, in order to prevent further possible unauthorized activity, CIC Technologies, Inc. will temporarily suspend access to services to the individual account in question. Confirmation of violations will result in the immediate cancellation of the individual account and could lead to criminal prosecution. The account suspension may be rescinded at the sole discretion of CIC Technologies, Inc.
- Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.
- CIC Technologies, Inc. will not be responsible for any telephone charges incurred by the customer, whatsoever, including long distance or toll charges the customer may incur. Customer is solely responsible for determining which dial-up numbers are within the customer's local calling area, and for using the proper dial-up numbers when accessing CIC Technologies, Inc. Internet Services.
- PAYMENT TERMS:
- The User is responsible for any and all fixed and accumulative charges for this account. The current month and first full month service fee is due upon account setup. Each month (or other billing period selected), on the first of the month, the account will be charged the monthly access fee for the next month. Failure to use the account(s) does not relieve the user of their payment obligations.
- Credit Card customers agree to allow CIC Technologies, Inc. to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify CIC Technologies, Inc. of any changes in Credit Card Number or expiration date. If the card is not honored for any reason the User will be contacted to arrange payment. If payment is not received by the 15th day of the current billed month, service will be terminated. A re-connection fee of $25.00 will be added to charges for further services.
- If payment is by check, payment due dates are indicated on your invoice. Billed accounts (not credit card) are invoiced monthly. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received by the 15th of the current billed month, service will be terminated. A re-connection fee of $25.00 will be added to charges for further services.
- CIC Technologies, Inc. has the right to terminate service for any unpaid or partially paid services at it's sole discretion. Accounts in default are subject to an interest charge of 1.5% per month on any outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event CIC Technologies, Inc. must utilize an attorney to collect such sums, the user shall be responsible for the payment of all of CIC Technologies, Inc. attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the user's relationship with CIC Technologies, Inc. shall be in Macon county, in the state of North Carolina.
- CIC Technologies, Inc. reserves the right to cancel service for any reason without prior notice.
- User's must notify CIC Technologies, Inc. in writing to cancel service. Cancellations will be effective at the end of each month. If at any time during the month the User calls to cancel the account it will be cancelled that day. Fees for any setup and the first month's service are not refundable; unless the User is unsuccessful in using the account and notifies CIC Technologies, Inc. within ten days of establishing service. Accounts paid in advance will be canceled on the account expiration date.
- From time to time CIC Technologies, Inc. may offer discounts on services or for prepayment of services on an annual or semi-annual basis. Discount programs are not retroactive. All discount programs are subject to change.
- In addition to any price for services, User shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by User.
- The law that applies to these Terms and Conditions is the law of the state of North Carolina. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of CIC Technologies, Inc. shall continue in force even in the event of termination of these Terms and Conditions on other grounds. CIC Technologies, Inc. failure to insist upon or enforce strict performance of any of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
