"e-Tel" refers to e-Tel, LLC. "User" refers to the person or entity with any services/account provided by e-Tel. "Services" refers to any and all e-Tel services provided to the user.
1. Provision of Services. User understands and agrees that, subject to the terms and conditions of this Agreement, e-Tel shall provide User with certain Internet access, web site hosting services, and network consulting on hardware or software (herein referred to as "Services"). User understands and agrees that he or she is fully responsible for the use of the Services by User or by anyone User may permit to use the Services, and that e-Tel reserves the right to suspend or terminate the Services at any time, for any reason, without prior notice.
2. Payment Obligations.
3. User Obligations. User understands that User is responsible for determining whether a e-Tel phone number is within User�s local calling area, and that User is responsible for any long-distance charges incurred while connected to e-Tel. Not all access numbers offered by e-Tel are included in the Wide Area or Extended Calling Services Plans offered by rural or independent phone companies other than BellSouth.
(Examples: West Kentucky Rural, Alltel, Ballard Rural, Salem Telephone). Please contact e-Tel for more details. If using an e-Tel unlimited plan, User agrees not to provide any public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when User is actively using it. User understands that User may cancel his or her Services at any time effective the end of that billing cycle. Not more than one session can be in use via services at a time by the User unless User is adhering to a specific written amendment to this Agreement. Services are to be used by the User only, and all Services are non-transferable.
4. Shareware/Freeware. All shareware/freeware accessible from e-Tel is provided "as is," with no warranty, expressed, written, or implied. Technical support for all shareware/freeware accessible from e-Tel is the responsibility of the User. User is responsible for all licensing and registration of shareware/freeware available from e-Tel and/or other Internet services accessed through e-Tel.
5. Appropriate Use of Services. User agrees to maintain User's password as private and confidential information. User agrees to use the Services in a way that conforms with all applicable State and Federal laws and regulations, including, but not limited to, laws and regulations pertaining to copyrighted or obscene material. User specifically agrees not to make any attempt to gain unauthorized access to any systems or networks. User agrees that User will not use the Services (including any web site User may establish on e-Tel�s server) or the e-Tel web site to publish, post, distribute or disseminate another�s proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. User understands and agrees that e-Tel reserves the right to immediately remove (with or without terminating User�s account) from any web site User establishes on e-Tel�s server any material or information which infringes another�s property rights or is deemed inappropriate by e-Tel. Accounts which are used for unsolicited commercial email (UCE), SPAM, or engage in harassment of others via email, newsgroups or other methods, is subject to suspension or termination without prior notice or customer consent at the sole discretion of e-Tel.
6. Security. User understands that the information available through e-Tel or interconnecting networks may not be accurate. User understands that some of the information available through e-Tel or interconnecting networks may be intended for adult audiences. User understands that internetworking communications are not secure and may be subject to interception or loss. e-Tel makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through or stored in the e-Tel network, e-Tel equipment or Services, or other Internet equipment or Services.
8. Warranty Disclaimer. Internet Service is a "best efforts" service. No guarantee is made on speed or quality of service. Speed and quality of connection experienced by customers may vary and depend on several factors including customer location, destination on the Internet, traffic on the Internet, quality of customers' telephone line, etc.
User understands that the use of User�s e-Tel account or services or any data of information accessed using that account, will be completely at User�s own risk. User understands that the cumulative liability of e-Tel for any and all claims relating to the Services provided by e-Tel, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees paid to e-Tel for Services during the current month. User agrees that e-Tel shall have no liability for any consequential, indirect, special, or incidental damages regardless of the success or effectiveness of other remedies.
9. Indemnification. User agrees to defend, indemnify and, hold e-Tel and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys� fees, related to or arising from, any violation of this Agreement by User or those who access the Services through User�s account, or the use of the Services of the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by User or by those who have access to the Services through User�s account.
10. Termination. User understands that e-Tel reserves the right to terminate the Services and User�s account at any time, for any reason, including, but not limited to, User�s failure to abide by the terms of this Agreement or User�s failure to pay any fees or charges when due. If User�s account is inactivated, User may be required to pay reconnect charges and a prepaid deposit in order to re-activate the account. If User�s account includes space on e-Tel�s server, anything stored in this space will be deleted upon de-activation. User understands that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for e-Tel, and would be a likely cause for termination of User�s account.
11. Law and Jurisdiction. User understands and agrees the laws of the State of Kentucky govern these Terms of Service and my e-Tel account. User expressly agreed that exclusive jurisdiction for any claim or dispute with e-Tel or relating in any way to my account or my use of e-Tel resides in the courts of Kentucky. User further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Kentucky in connection with any such dispute, including any claim involving e-Tel or its affiliates, subsidiaries, employees, contractors, officers, or directors.
12. Complete Agreement: Amendments. This Agreement represents the complete agreement between e-Tel and User with respect to the subject matter of this Agreement and supersedes any other written or oral agreement. User understands and agrees that e-Tel may amend or modify this Agreement or impose new conditions at any time. Users may view updated agreements at www.etelonline.com.
13. Liability of e-Tel. Any liability of e-Tel, including without any limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, theft of e-Tel equipment, destruction of e-Tel equipment, unauthorized access into e-Tel facilities, alteration of recourse, whether for breach of contract, malicious or otherwise unlawful behavior, or under any other cause of action, shall be limited to the amount paid by or on behalf of the user to e-Tel for the current month.
14. Use of Personal Information. All information exchanged by both parties is nonconfidential. User�s failure to observe any of the limitations or obligations in this Agreement may result in civil or criminal liability, as well as the disclosure of any personal identifying information. e-Tel reserves the right, however, in its sole discretion, to refuse to discuss a User�s account or use of the Internet with any person.