Terms and Conditions of Use for La Ward Communications Internet
- 1. User expressly agrees that use of the Internet is at their sole risk. Neither La Ward Communications, nor any other information provider makes any representation or warranty as to the results obtained from the use of the Internet. The Internet is made available on an "as is" basis without warranties of any kind, either express or implied, including but not limited to, warranty of title, timeliness, merchantability or fitness for a particular purpose. Neither La Ward Communications nor anyone else involved in creating, producing or delivering the use of the Internet shall be liable for any direct, indirect incidental special or consequential damages arising out of use of the Internet, or inability to use the Internet. User also expressly agrees that La Ward Communications does not warrant that the Internet will be uninterrupted and error free. Downtime and lost transmissions may occur on the Internet, and users indemnify La Ward Communications and agree to hold it harmless from any problems, errors or damages arising from such downtime or lost transmissions.
- 2. La Ward Communications' Network is only for lawful purposes. Transmission of material violating U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, materials legally judged to be threatening or obscene, or materials protected by trade secret. User agrees to indemnify and hold La Ward Communications harmless from any claim resulting from use of the service which damages User or another party. User is responsible for materials sent across the network from Users account. User is able to secure access to their account by means of a password, which may be changed at will by User. User has full, unrestricted access to the Internet; which, as a free-flowing information universe, may contain - beyond the vast amounts of information on museums, geography, medicine, law, government, culture, etc. - matter considered to be improper, offensive or even unlawful by some governments, private groups or individuals such as discussion, files, photographs and graphics relating to pornography, religion, politics, racism, criminal activity and the like. By using La Ward Communications, User accepts this and agrees to indemnify La Ward Communications and hold it harmless from any actions, lawsuits, or problems arising from or associated with such matter. User acknowledges that the Internet uses public facilities to transmit voice and data communications and that service may not be completely private. La Ward Communications is not liable for any claims, loss or damages which may result from lack of privacy La Ward Communications will release information requested by lawful court orders.
- 3. Access to other networks connected to La Ward Communications must comply with the rules for that other network. User shall observe all generally accepted 'net etiquette.' User agrees to accept liability for their actions and how the interpretation of other "citizens" and users of the Net. Unacceptable behavior includes but is not limited to: mass - unsolicited - E-mail distributions ("Spamming"), overt, direct advertising on discussion boards / newsgroups, language, harassment of other users. Unacceptable behavior may result in grounds for terminations of services.
- 4. Services provided to User by La Ward Communications are billed by La Ward Telephone Exchange, Inc. on the first day of the month for the next month, in advance. All invoices are due and payable at 12991 State Hwy 172 South in La Ward, Texas on the 16th day of each month unless otherwise specified on the current invoice. Billing commences on the day services are ordered and will be pro-rated based on that start date. Accounts that have not been paid by the 26th of the month are subject to service interruption.
- 4.1 Non-use of the service does not eliminate financial responsibility. User is responsible for notifying La Ward Communications in advance when billing and access to the network should cease. Until such notice has been given, User is responsible for charges incurred up to that date.
- 4.2 Accounts that have been prepaid for a specific amount of time are not eligible for refunds on unused service upon disconnection of service.
- 5. La Ward Communications may modify this agreement at anytime to comply with local, national or international laws, with notice of modification posted on La Ward Communications web site (laward.net) Such posting shall be dated and considered effective based on posted date whether or not User has reviewed the modifications.
- 6. These terms and conditions are effective November 2004 and supersede all previous representations, understandings or agreements and shall prevail not withstanding any variance of any order submitted.
TERMS AND CONDITIONS OF USE FOR LA WARD COMMUNICATIONS DSL
- In order to take advantage of these rates, customer will need to return to La Ward Communications a signed "Limited Letter of Agency" (LLOA). This document appoints La Ward Communications as the agent to purchase the ADSL line service on customer's behalf from La Ward Telephone Exchange, Inc. Upon deletion of service if purchased equipment has not been paid in full, customer will be responsible for any balance that is till outstanding on that equipment. If service is deleted before 6 months from activation, a $185.00 line installation charge will apply.
- La Ward Communications ASDL has a maximum downstream speed of 6Mbps and a maximum upstream speed of 1Mbps. These speeds are speak speeds and are not guaranteed because of factors such as end user distance form the telephone company, ADSL hub location and gauge of the copper cable service to the end user premises. La Ward Communications ADSL service is not available in all areas served by La Ward Telephone Exchange, Inc. Customers location will be confirmed by La Ward Telephone Exchange, Inc. before signing LW Comm. LLOA's. To determine if you qualify for this service you will need to call 361-872-2211. Additional line qualification criteria may be required and could restrict you from getting ADSL service even if you are within one of these service areas.
- La Ward Communications can act as customer's agent in requesting the telephone company to install La Ward Communications ADSL service on customer's behalf. A compatible ADSL Modem is required for service.
LIMITED LETTER OF AGENCY
- This Limited Letter of Agency ("LLOA") authorizes La Ward Communications ("LW Com") to act as the undersigns' ("Customer") agent with regard to all matters concerning the Customer's ADSL telecommunications service provided by La Ward Telephone Exchange, Inc.("LWT"). This LLOA specifically authorized LWT to provide full cooperation with the release of the Customer's ADSL records and ADSL billing information.
- Specifically, this LLOA allows LW Com to be the responsible party on behalf of the Customer for All ADSL service and provisioning matter and for payment of the Customer's associated recurring and nonrecurring ADSL service charges.
- It is understood by the parties that the Customer will continue to deal directly with LWT with regard to all other telecommunications service matters not specifically covered by this LLOA.
- It is further understood by the parties that LW Com will not assume any Customer or LWT service performance or impairment liabilities associated with the ADSL service covered by this LLOA.
- An executed copy of this LLOA shall be deemed to authorize LW Com to act on Customer's behalf for ADSL service provided by LWT.
- This LLOA shall commence on the date signed by the Customer and shall continue for a period designated or until LW Com and LWT terminate agreement.