Blue Ridge Internet
Blue Ridge Internet, L.L.C. Terms of Service
Restrictions of Use
User understands that the following restrictions are applied to the service:
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
No warranties are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
Responsibility of Use
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.
User May Not:
Send SPAM, or bulk email when connected into the network.
Post offensive, threatening, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others.
Transmit anything that is protected by copyright without permission.
Download anything that is protected by copyright without permission.
Attempt to violate the security of any computer network
Engage in any illegal activity.
Share their account information with any other person.
If you participate in any of the above activities the following
will take effect immediately:
YOUR DOWNLOAD AND UPLOAD WILL GO DOWN TO
5MB DOWNLOAD AND 1 MB UPLOAD
FOR ONE WEEK
YOUR ACCOUNT WILL BE SUSPENDED FOR 72 HOURS
YOUR ACCOUNT WILL BE SUSPENDED PERMANENTLY;
WE WILL COME PICK UP OUR EQUIPMENT ASAP; AND
YOU WILL NOT BE REIMBURSED ANY MONIES OWED TO
YOU FOR THE REMAINDER OF YOUR SERVICE MONTH
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.
Information transmitted through us and through the Internet in general is not confidential. We cannot and shall not guarantee privacy 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 our company.
Blue Ridge Internet will not use or sell your email address or personal data to any 3rd party, with the exception that if Blue Ridge Internet sells the majority of its assets or business, it may provide this data to the purchaser of the business so that they can continue providing service to the Blue Ridge Internet end-users.
Upon signup, the end-user will be billed immediately for any set-up fees.
All recurring transactions take place on the same day every month. If the billing is declined, we will attempt to automatically rebill two more times before suspending service. It is the End Users responsibility to make sure that Blue Ridge Internet always has the most up to date contact and billing information for their account. Under no circumstances will Blue Ridge Internet be liable for bank fees incurred by the User for Blue Ridge Internet attempting to charge for service. If the billing continues to be declined after 20 days, or if we receive a bounced or invalid payment, the account will be suspended.
If an electronic check or a check payment is returned for any reason, a $35.00 returned check fee will apply. Any billing disputes done through the bank will result in immediate cancellation of the Blue Ridge Internet account and transmittal of the account, including all returned check fees, to our third-party collection agency. For any accidental disputes, if you wish to get your service reinstated, you will have a $25.00 per dispute reinstatement fee.
Please direct all billing disputes to our billing department.
You can cancel your service one of two ways.
By mail to:
Blue Ridge Internet
P.O. Box 61033
Midland, Tx 79711
By Phone to 432-203-6155 (9 am - 6 pm CST)
We do not offer prorated refunds.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
In the event that any portion of this Agreement 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.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement 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 this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. Any cause of action User 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.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms of this Agreement, we shall be entitled to recover expenses, including reasonable attorney's fees.
If you have a scheduled appointment and when our technician arrives no one is there when they were supposed to be you will be charged a Service Charge of $65. THIS DOES NOT APPLY TO SITE SURVEYS WHERE NO ONE IS REQUIRED TO BE THERE.
All we ask is that you give us a call and either cancel or reschedule the appointment. This takes up our time when we could be installing internet for someone else.
If you request a service call the cost will be $65.00 for any and all circumstances. If we schedule a service call and the problem is due to something on the customer side the cost will be $65.00 as well. If we schedule a service call and the problem is on our side, there will be no charge.
Your installation fee is mostly for labor, so it is completely Non-Refundable under any and all circumstances.
This Agreement constitutes the entire agreement between User and us with respect to the Service.