Contracts
 

Legal Docs Menu
About Us
Contact Us

 

BNSWest Internet Service Contract

Definitions:

"BNSWest": BNSWest INternet Services, Inc.
"User": The person making and signing this contract.
"Account(s)": The main Internet access account for a single User, and any additional Internet accounts and/or e-mail accounts contracted for and billed to User.

This "Agreement" is based on the following premises and objectives:

BNSWest is an Internet Service Provider (ISP), in the business of providing Internet access via dial-up or dedicated line connections. User is either a private individual or business seeking services solely for personal use or internal business use under specified conditions as delineated in the Agreement.

The parties mutually agree as follows:

  1. User certifies that they are at least 18 years of age, or are legally emancipated.
  2. The benefits of and rights conferred by this Agreement are non-transferable. Use of BNSWest Accounts is expressly limited to User wherein User is:
    1. A private individual and the immediate members of their household.
    2. A business entity, to include their employees in such numbers and under such conditions as may be specified herein.

  3. User is strictly liable for using their Account(s) in a manner consistent with any and all applicable Federal or State laws. This shall include but not be limited to refraining from: "hacking" any unauthorized computers, systems or accounts; Publishing via User's Account(s) material that infringes any persons Copyright or Trade Identity, or contains nudity, obscenity, or libelous information. BNSWest shall in good faith be the sole arbiter of material content in these regards.
  4. User shall follow the Acceptable Use Policies of BNSWest contained herein and published in BNSWest's Website and its associated pages, the contents of which are incorporated herein by reference. User shall also follow the Acceptable Use Policies of any other network User connects to via BNSWest. User is strictly liable for knowledge of BNSWest or other networks published policies. Use of this service for advertising or promotion of a commercial product or service without the express written consent of BNSWest is prohibited.
  5. Use of mass distribution lists in e-mail or other mass electronic mailings (SPAMMING) is prohibited without written approval by BNSWest. This shall not apply to e-mail sent to such addresses as to include family members, close friends, etc. The standard herein is reasonableness in size & numbers. BNSWest shall in good faith be the sole arbiter of what constitutes reasonableness.
  6. User shall maintain the confidentiality of User's password(s) and Account(s) information. BNSWest will suspend or change access to User's Account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.
  7. User is responsible for their own telephone charges incurred in connecting to BNSWest.
  8. User shall pay BNSWest all charges relating to the use of User's Account(s) according to rates and prices in effect at the time of signing this Agreement, or renewal of this Agreement. BNSWest reserves the right to change prices with 30 days notice to User by any of the following: Online publishing on the BNSWest Website, or written notification to the User. Accounts renewing on a month to month basis shall however pay the prevailing rates each month. Renewal shall occur and Liability shall attach at the time the service is used. BNSWest may charge Credit Card User's the amount due at any time thereafter. Non-Credit Card Users shall be aware of and make payments as routinely required or as billed. Delinquent Accounts or those in which User's Credit Card has refused a charge may have their Account(s) suspended without notice. BNSWest reserves the right to terminate access to service for any User Account which has unpaid charges for 30 days.
  9. In the event of cancellation of User's Account(s), the setup fee and fees for time used are non-refundable. Furthermore, fees paid for six month and twelve month dialup accounts are not refundable.
  10. The BNSWest service is provided on an "as is, as available" basis. No warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to BNSWest or any information or software therein. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by BNSWest or its providers. Further, neither BNSWest nor its Information Providers are responsible for any damages arising from User's use of BNSWest's services or by User's inability to use BNSWest dial-up, DSL, web hosting, or dedicated line service.
  11. BNSWest is not responsible for disputes involving INTERNIC or Domain Names, User agrees that BNSWest shall not be named as a party to any dispute between User and a domain name registrar, and that User shall be liable to BNSWest for any charges incurred by BNSWest due to a dispute between User and a domain registrar. BNSWest maintains control and any ownership of all IP addresses and reserves at its sole discretion the right to change or remove any and all IP addresses.
  12. BNSWest reserves the right to change without notice the BNSWest services, including but not limited to access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
  13. BNSWest is not responsible for User's personal files residing on BNSWest. User is responsible for independent backup of his/her data stored on BNSWest. BNSWest further reserves the right, at its sole discretion, to delete User's personal files after one or both parties terminates this Agreement.
  14. BNSWest reserves the right at its sole discretion to delete any information entered into BNSWest by User. BNSWest and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information to remove offensive material or uphold its policies.
  15. Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information should be treated carefully. BNSWest is not liable for protection or privacy of electronic mail and/or information transferred through the Internet or User's Account.
  16. BNSWest reserves the right to charge an additional fee for incoming and/or outgoing electronic mail if the volume for a single User exceeds ten (10) megabytes or five hundred (500) messages per month.
  17. BNSWest, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including but not limited to refusal or failure to pay for services provided, or by sole judgment of BNSWest that User may be performing activities harmful to BNSWest or its Users, employees, vendors, business relationships, or any other users of the Internet. User may reapply for membership, although BNSWest reserves the right at its sole discretion to accept or deny such application.
  18. This Agreement shall be governed by the laws of the State of Arizona. Any legal dispute shall be submitted to Binding Arbitration within the Confines of the Phoenix Metropolitan area, Maricopa County Arizona, under the rules of the American Arbitration Association. Any disputes must be filed within one year of the occurrence or BNSWest and User both agree that the action shall not lie.
  19. In the event that it is necessary to refer any dispute to an attorney, arbitration or resolve a matter in a court of law, the prevailing party will be entitled to an award of attorneys' fees and all costs associated with any legal action, whether or not a suit shall actually be filled.
  20. User is strictly liable for any and all charges that may be incurred by BNSWest due to User's violation of this Agreement,
  21. BNSWest may modify the terms and conditions of this Agreement or its policies upon notice published Online. Utilization of BNSWest services after such publication shall constitute User's acceptance of the modifications to this Agreement.
  22. Non-enforcement of any section of this Agreement does not constitute consent to breach of contract. BNSWest reserves the right to enforce this Agreement at its sole discretion.
  23. If any one or more provisions in this Agreement is found to be unenforceable or invalid, User's and BNSWest's Agreement on all other provisions shall remain valid.
  24. User will also not provide any Internet services, including but not limited to web servers, ftp servers, and hotline servers from a dial-up or DSL account without permission from BNSWest.