Celticweb Internet Access Agreement
Celticweb provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1.1 The Service includes: Internet access; electronic mail ("email") and 2 electronic mail address; one Web site (up to 5 megabytes) on Celticweb's server."
2. Registration Requirements
1.2. Any means of identification assigned to you by Celticweb (including usernames and email addresses) will remain the property of Celticweb and at Celticweb's sole discretion may be altered or replaced at any time.
1.3. Celticweb makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Celticweb reserves the right to change the Service or any of its features at any time with or without notice.
2.1. Member certifies to Celticweb that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide Celticweb with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Celticweb within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3.1. Setup fees are nonrefundable, and Celticweb does not issue pro rata refunds for fees paid in advance.
4. Use of the Service
3.2. Unlimited Internet access, as defined in section 3 of the Acceptable Use Policy posted at our web site at http://www.celticweb.com/support/terms.html, is offered by Celticweb subject to the following limitations:
3.2.1. Alternative access, such as 1-800/888/899 or International Roaming, is not included in this offer but requires payment of additional charges.
3.2.2. Celticweb does not offer international dialup access services .
3.2.3. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR Celticweb DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. Celticweb IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
3.3. Current prices for Celticweb services are posted on Celticweb's web site at http://www.celticweb.com/signup/. These prices may also be obtained by calling 617 734 6684. Celticweb reserves the right to change prices and institute new fees. Celticweb may change rates or institute new charges at any time upon 30 days prior notice. Celticweb does not issue pro rata fee refunds.
3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to Celticweb for insufficient funds.
3.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at Celticweb's sole discretion.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, Celticweb RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
If your account is suspended, regular charges continue to accrue until you cancel your account. Celticweb may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.
3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.
3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.8. If you believe that Celticweb has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your Celticweb account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.
5. Monitoring the Service; Disclosure of Member Information.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
4.3. You are responsible for all charges assessed as a result of use of your account. However, Celticweb will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify Celticweb within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4. Except for software provided by Celticweb, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.
4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Celticweb to liability; or is in contravention of Celticweb's Acceptable Use Policy. You agree to comply with all Celticweb security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
Celticweb has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Celticweb will not disclose member information to outside persons or entities for the purpose of soliciting Celticweb members.
Celticweb, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
6. No Warranties Provided by Celticweb
6.1. Except for certain products and services specifically identified as being offered by Celticweb, Celticweb does not control any information, products or services on the Internet and except for such Celticweb-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Celticweb.
7. Your Remedies
6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Celticweb DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Celticweb MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Celticweb OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Celticweb, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 Celticweb SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. Celticweb HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL Celticweb, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold Celticweb 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 you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
9. Term of Agreement
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon establishment of your account. If you are a current Celticweb member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
10. Termination of Agreement
10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Celticweb does not issue pro rata fee refunds.
10.2. Celticweb may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.
10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to Celticweb all copies of software and documentation that you received from Celticweb.
10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. Celticweb's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11.1. You may change or cancel your Celticweb account by the following methods only: electronic mail to firstname.lastname@example.org; or telephone call to 617 734 6684.
11.2. Celticweb may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; or by telephone call to the number you provided in your registration. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of your request for cancellation.
11.3. Our internet access service allows unlimited use. This means if you use it 24 hours a day or not at all, you still pay your monthly charge. Not having used the service for some time, because of computer breakages or time away does not release you from your monthly charges. And a complete cessation of use of your account does not constitute a cancellation. You are liable for all charges up until we receive a cancellation by phone or email.
12.1. Celticweb's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Brookline, Massachusetts with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Celticweb. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Celticweb and/or your use of and/or Celticweb's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Massachusetts. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Celticweb's prior written consent.
12.5. This Agreement, the Rate Chart, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and Celticweb with respect to the Service.
12.6. Celticweb reserves the right to alter, amend or modify this Agreement at any time.