Terms And Conditions
This Service Agreement (hereinafter referred to as "Agreement") is between Intergate (hereinafter "Intergate"), duly authorized and existing under the laws of the State of Texas, with its main office at 5615 Richmond Suite 251 Houston, TX 77057, and the users of Intergate's internet and electronic communication service(s) (hereinafter referred to as "Customer(s)", "You" or "Your") and is entered into upon Customer's use of Intergate's services as more particularly described herein below.
This Agreement establishes the terms and conditions for the use of all types of Internet access accounts and the services available through those accounts (herein collectively referred to as "Services"), which are offered by Intergate.
YOUR SUBMITTAL OF THE INTERGATE ONLINE ACCOUNT APPLICATION, YOUR USE OF A INTERGATE INTERNET ACCESS ACCOUNT, OR YOUR USE OF ANY SERVICES AVAILABLE TO YOU BY INTERGATE CONSTITUTES YOUR ACKNOWLEDGMENT OF RECEIPT AND YOUR ENTRY INTO THIS AGREEMENT, WHICH AGREEMENT SUPERSEDES ALL PREVIOUS REPRESENTATIONS, UNDERSTANDINGS OR AGREEMENTS.
If any part of this Agreement is unacceptable to You, You must immediately terminate any account you currently have, or seek to have, with Intergate.
To contact Intergate or if you have specific questions about this Agreement, please contact our customer service department toll free at (877) 290-6468.
1. RESTRICTIONS ON USE
1.1 Customer may use the Services for lawful purposes only and all uses by Customer of the Services shall comply with all local, state and federal laws as well as all rights, obligations, limitations or other interests of any third person or entity.
1.2 Only CGI scripts written or approved by Intergate's programmers will be supported.
1.3 Intergate only supports Netscape and Internet Explorer browsers; Netscape, Microsoft Outlook, Microsoft Outlook Express, and Eudora mail readers.
1.4 Each account package is entitled to a set number of personalized and non-personalized e-mail.
1.5 Members are precluded from doing any of the following activities:
(a) Conducting or soliciting any business or activity that is prohibited by law or any business or activity that is harmful to minors in any way - this includes, but is not limited to, transmitting, hosting, or storing copyrighted material or software, without the permission of the owner of the copyrighted material or software, libelous or slanderous material, material protected as a trade secret, material determined to be threatening or obscene, and posting or transmitting anything constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
(b) Spamming - this includes, but is not limited to, sending unsolicited mass e-mailings, using a Intergate account or using an e-mail address hosted anywhere on Intergate's server as a mail drop for responses, and using of (and/or appearing to use) the service for sending unwanted and unsolicited electronic e-mail's, messages, newsgroup postings, or any other digital or electronic communication to one or more unsolicited recipients;
(c) Falsifying user information provided to Intergate;
(d) Running of internet servers - this includes, but is not limited to, muds, mushes, moos, ftp, web, and mail news;
(e) Camping - maintaining an open connection while not personally and actively using the account by using means which includes, but are not limited to, automated bots, e-mail checkers, pingers, and automatic re-dialers;
(f) Harassment and "stalking" - sending e-mail for the purpose of threatening or harassing the intended recipients and/or their property;
(g) Hacking - breaching or attempting to breach the security of any network;
(h) Violating invasion of privacy and indecency laws;
(i) Running IRC "bots" on Intergate servers - or any other scripts or programs not provided by Intergate;
(j) Posting or transmitting any information or software which contains a virus, worm, cancel bot or other harmful component;
(k) E-mail bombing - sending large volumes of unsolicited e-mail to individuals from Your Intergate account;
(l) Fraud and forgery - Forging any message or part of the message header/tracking data contained in any e-mail, incorporating a false subject line, false return address or false transmission path into any e-mail sent using Intergate's service, or fraudulently representing products/services using Your account; Conducting e-mail scams such as pyramid promotional schemes;
(m) Abusing or fraudulently using the Service in any way not specifically set forth above;
(n) Impersonating any person or entity, including, but not limited to, a Intergate officer or employee or falsely stating or otherwise misrepresenting Your affiliation with a person or entity; and
(o) Facilitating, aiding, or encouraging any of the above activities.
2.1 Unless otherwise informed, Intergate will automatically bill Your credit card or checking account at the beginning of each month (typically within the first ten days of every month). There will not be an invoice sent for automatic payment methods.
2.2 There is a $25.00 charge for NSF checks.
2.3 Published and/or advertised rates do not include applicable taxes, fees and/or surcharges. Such taxes, fees and/or surcharges will appear on Customer's receipt and will be charged in the same manner as all other amounts owed. All amounts owed will be due regardless of whether or not Customer uses the Services. Intergate reserves the right to charge a monthly late payment charge of 1.5%, or the highest rate allowed by law, on all past due amounts. If Customer suspects an error in the charged amount, Customer must notify INTERGATE within thirty (30) days of the invoice date.
2.5 Intergate maintains a strict no refund policy.
2.6 There are no refunds for quarterly, semiannual, annual or any other forms of prepaid accounts.
2.7 Customer is responsible for updating and notifying Intergate of any changes to Customer's account information; this includes current billing address, zip codes, name changes, or other billing changes. Not updating current billing address and zip codes may result in a fee assessment of up to 1.5% of the Customer's total bill per billing period.
3.1 Intergate reserves the right to terminate an account at any time, in its sole discretion, for any reason.
3.2 In the event You wish to terminate your account, notice must be delivered in writing via United States Mail, or via personal delivery. ONLY A WRITTEN REQUEST TO TERMINATE YOUR SERVICE RELIEVES YOU OF YOUR OBLIGATION TO PAY FURTHER ACCOUNT CHARGES. IT DOES NOT RELIEVE YOU OF PAST OBLIGATIONS AND CHARGES. It is the sole responsibility of the Customer to verify the cancellation of your account.
3.3 It is the responsibility of the Customer to verify the cancellation of any recurring charges for service via credit card, ACH debit, or any other form of automatic billing. If Customer discovers a billing error, Customer must notify Intergate in writing within one billing cycle (approximately 30 days), so the billing error may be corrected, and a credit may be issued. Intergate will not be responsible for refunding or crediting recurring charges which may occur over more than one billing cycle. Customer also understands that Intergate has no control of credits issued to a credit card, which is handled through the Customer's credit card company, and is subject to the credit card company's policies.
3.4 Fees paid in advance are not refundable.
3.5 Upon cancellation of a Customer's account, any directories or data stored thereon will be purged. It is your sole responsibility to ensure that all data is retrieved from your home directory prior to cancellation of the account.
3.6 Failure to use the service provided does not constitute a justification for refund under any circumstance.
4. ACCEPTABLE USE
4.1 Accounts are limited to one simultaneous login or connection per account.
4.2 Use of the Services is subject to any existing local, state, or federal regulations and any future changes in those regulations.
4.3 Intergate reserves the right to refuse Services to anyone, at any time, and for any reason.
4.4 Each account package is entitled to a preset amount of personal web space, which is limited to a preset amount of data transfer per month. Personal web space does not include domain name hosting and is designated by Intergate's domain followed by a tilde (i.e. www. Intergate.com/~username).
4.5 Personal web space allocated as part of a package cannot be used for commercial purposes.
4.6 Accounts cannot be used as a connection for a dedicated server to the Internet, nor can the connection be used as a means to operate a server.
4.7 A Customer's account may be disconnected automatically after prolonged periods of inactivity. This time is general and subject to change as mandated by the System Administrator of Intergate. Inactivity is defined as periods when Intergate detects no Internet communicating activity through electronic means and a dialup user is not actively using the account. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include: sending "pings"; electronic or software auto-dialer features to maintain an active connection; repetitive checks for e-mail.
4.8 Intergate's policy for unlimited accounts is for unlimited usage, not unmetered usage. Select dialup numbers and areas are limited to two hundred (200) hours of usage per month. "Line parking" is not allowed.
5.1 Intergate reserves the right to resolve system problems using means necessary to ensure proper functioning of the system.
5.2 Intergate reserves the right to log any and all data for statistical purposes.
5.3 Intergate does not guarantee the security or integrity of any data on the system including that transmitted using secure servers.
5.4 Intergate assumes no liability for the loss of private or confidential material.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Intergate has multiple local access numbers throughout the United States. It is Your responsibility to make sure that a local number is being dialed to access Intergate's service by confirming the number is toll free with Your phone company. Intergate will not be responsible for Your phone bill for any reason.
6.2 Customer assumes total responsibility and risk for Customer's use of the Services and the Internet.
6.3 The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose.
6.4 No advice or information given by Intergate, its affiliates or its contractors or their respective employees shall create a warranty.
6.5 Since the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people, Customer accesses such materials at Customer's own risk. Intergate has no control over and accepts no responsibility whatsoever for such materials.
6.6 Neither Intergate nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
6.7 Under no circumstances shall Intergate, its affiliates, or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, delay, non-deliveries, mis-deliveries, or service interruptions, that result in any way from Customer's use of or inability to use the service or to access the internet or any part thereof, or Customer's 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.
6.8 Intergate has no obligation to the Customer to monitor the Service. However, Customer agrees that Intergate has the right to monitor the Service electronically for statistical, security, or maintenance purposes, and further has the right to disclose any information as necessary to satisfy any law, regulation or other governmental request.
6.9 Intergate reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
6.10 Customer agrees to indemnify and hold Intergate harmless from any claims or damages, including attorney's fees, arising from or out of Customer's use or misuse of the Services, which use or misuse includes, but is not limited to, use or transmittal of information or material deemed obscene, threatening, or otherwise illegal. This indemnification and hold harmless provision shall survive and be in full force and effect subsequent to the cancellation or cancellation of this Agreement.
6.11 Intergate is not responsible for loss of income, use, or information as a result of using Intergate as an Internet Service Provider.
6.12 For customer service and technical support hours call customer service toll free at (877) 290-6468.
7. NO BUSY POLICY
7.1 Intergate is committed to maintaining adequate circuits and facilities to ensure that You do not experience any busy signals when calling Intergate (hereinafter "No Busy Policy"). However, it should be understood that there will always be circumstances, beyond Intergate's control, that contribute to busy signals, such as problems encountered by a customer's local telephone company, acts of God which cause circuits to become unavailable, and routine maintenance at Intergate. Nevertheless, Intergate's policy is to maintain a user-to-modem ratio that meets or exceeds the highest standards of our industry.
7.2 Should You encounter a busy signal, please advise Intergate of Your user name, phone number (where you are dialing from), date, and the time You encountered a busy signal. Intergate staff will investigate the busy signal to determine the cause, and will take steps it deems necessary to ensure your continued satisfaction with the services.
8. CHOICE OF LAW
8.1 You and Intergate agree that the law of State of Texas, U.S.A. will apply to all matters relating to this Agreement.
8.2 You and Intergate agree and consent that the courts of Harris County, Texas, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.