Service Agreement

This Agreement outlines the terms and conditions under which IndianValley.com LLC also known as Indian Valley Computer Services and will be referred to as (IVCS) in this document, will provide Internet Services. All Users, which is defined as any individual or entity that has an account with IVCS, must understand and comply with these terms. These terms are intended to protect IVCS, our Users and other users of the Internet. Violation of this Agreement may result in immediate suspension or cancellation of Services without refund. User agrees to indemnify IVCS for any damages, cost or expenses arising from such violation.

Acceptable Use Policy

The following are activities and uses of the Internet that are considered inappropriate by IVCS and are grounds for immediate termination of Service. The dial-up accounts provided by IVCS are intended for low volume, non-commercial use. If not actively using the Internet, please log off of the Service to enable other users easy access. Any account will be disconnected automatically within 20 minutes of inactivity. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include: pinging the mail server; electronic or software auto dialer features to maintain an active connection; repetitive checks for email by auto login to the mail server. Wireless broadband accounts are meant for unlimited use and are only controlled by your account speed, quality of your connection and type of activity. All personal web space is allocated for personal use only. Any pages that are commercial in nature (i.e., with the intent to sell goods and services), fall under commercial web space pricing and will be charged accordingly. It is prohibited to use IVCS Services for illegal purposes, or in support of illegal activities. Activities include, but are not limited to: Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, music and copyrighted software. User assumes all risks regarding the determination of whether material is in the public domain. To post or transmit any unlawful, threatening, abusive, libelous, defamatory or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws. To post or transmit any information or software which contains a virus, worm or other harmful component. Posting or emailing of scams such as "pyramid" or "chain letter" schemes. Making fraudulent offers of products, items or services originating from the user’s account. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of IVCS’s systems, or other systems (i.e., hacking), whether or not the intrusion results in corruption or loss of data. This includes attempts to read, modify or otherwise use another user’s private email without permission. The following are unauthorized activities related to newsgroups and email services: Harassing others by ‘mail-bombing’, which is defined by sending more than 10 similar messages to the same email address. Blanket postings to more than 5 newsgroups simultaneously without regard to the newsgroup subject (i.e., news-bombing). Forging any message header, in part or in whole, or any electronic transmission. Making threatening or harassing remarks to individuals or groups via email or news. Installation of "auto-responders" or other similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email services. IVCS reserves the right to suspend or cancel a User’s mailbox if the applicable mailbox has reached such size that it adversely impacts system performance.

Service Agreement

IVCS shall provide Internet Services as specified on our web sites and in IVCS product literature. User assumes responsibility for all usage of the Service and for payment of all applicable fees, charges or taxes associated with the Service provided. With notice, User’s are free at any time to cancel User account’s and to terminate this Agreement. However, User will remain responsible for payment of any charges, fees or taxes that may have been incurred prior to the cancellation. IVCS reserves the right to terminate this agreement without prior notice at any time. User agrees not to use the Services for any unlawful purpose or in any manner inconsistent with the terms and conditions stated herein. IVCS reserves the right in its sole discretion, to remove any information, software or other content or material accessed or provided through use of the Services provided, that are potentially illegal, that could subject IVCS to liability or that are in violation with this Agreement. IVCS is free, in its reasonable good faith discretion and without notice, to provide User information to the courts, law enforcement agencies or others involved in prosecuting claims or investigations for conduct alleged to be illegal or to violate or threaten the rights of any person or entity.

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE USER’S SOLE RISK. NEITHER IVCS NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IVCS OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER IVCS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. USER AGREES THAT IT WILL NOT IN ANY WAY HOLD IVCS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.

User represents that he/she is at least 18 years of age and has the right and ability to enter into this Agreement. User acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, text and other content that may be unsuitable for children and may be objectionable to adults. User acknowledges that IVCS is not responsible for any such content or material and agrees that access to same through use of the Services is at User’s sole risk. The reliability, availability and performance of resources accessed through the Internet are beyond IVCS’s control and are not in any way warranted or supported by IVCS. User acknowledges that safeguards relative to copyright, ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. IVCS does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, material of information made available through the Services. User assumes all risk and liability of it use of the Internet. IVCS assumes no liability for damage to account files, loss of data, or connect time charges attributable to the User’s failure to maintain confidentiality or from failure to protect the password from unauthorized users. IVCS makes no guarantee and assumes no liability for the security of any data on any server including "secure servers". The User acknowledges that there is no guaranteed privacy on the Internet and that IVCS is not liable for any viewing or interception of the User’s email, news, etc. by outside parties. While IVCS does not in anyway monitor the content of any of the User’s email, news, etc., IVCS reserves the right to monitor User activity if applicable activity adversely impacts IVCS’s Services or customers. IVCS reserves the right, at its sole discretion, to make changes and modification in service, equipment and the rates and terms of this Agreement at any time with prior notification. IVCS reserves all copyrights and other rights in and to any content available through the Services and identified as, claimed by IVCS as proprietary to IVCS (and its licensors). This Agreement is nontransferable. This Agreement constitutes the entire agreement between the parties and shall be interpreted under the laws of the State of Illinois.

Billing

User shall pay, in accordance with the provisions of the billing option selected by User, any registration or monthly fees, connect time charges, roaming charges, minimum charges and other charges incurred by User at the rates in effect for the billing period in which those charges are incurred. User shall pay all applicable taxes related to use of the Services. User acknowledges that a monthly access charge may apply once the product is installed for use, and will continue until the User cancels the account. Charges for certain number of hours of usage in a given month may also apply. For billing purposes, the billing "month" begins at 12:00 a.m. CST on the date of service activation and ends at 11:59 p.m. CST on the day before the date of service activation the following month. For usage determination, seconds, and minutes will be rounded up into the next hour. Any base monthly subscription fees are applicable each month, regardless of the number of hours of Service used by the User. Only one User is authorized to access the Services at any given time on one User ID account. User is only authorized to be logged into one modem at a time on one User ID account. If remitting by credit card, User hereby authorizes IVCS to charge all amounts owed to IVCS to his/her credit card. If the monthly charges vary each month, the User will be sent or emailed a monthly statement and agrees to remit payment for services provided, included applicable taxes, fees and other charges as specified on the statement, unless IVCS is notified of any discrepancy. Credit card User assumes all responsibility for notifying IVCS of changes in credit card numbers and/or expiration dates. If User’s credit card is denied when charged, the account will be locked or canceled at the sole discretion of IVCS and User may be assessed an additional $5.00 processing fee. For User’s who have elected to have applicable charges billed by his/her local telephone company, IVCS reserves the right to terminate all Services, without notice, if IVCS is notified by the applicable local telephone company that payment has not be made for Services provided. If the User elects the option of having the fees for the Services collected by the local telephone company, and it is determined that this option is not available based on the User’s billing location, IVCS reserves the right to request the User to provide alternative methods of payment. If User’s account is a qualified business account, which will be determined at IVCS’s sole discretion, all charges will be invoiced at the end of the month in which the services are provided. Terms of payment for all charges are due net, 15 days. If any payments due hereunder are not made by User within 10 days of the invoice date, an account reinstatement fee of $15.00 will be applied to User's account, and if payment are not made within 30 days of due date a late charge of 1.5% per month will be due and payable. IVCS reserves the right to terminate all Services, without notice, for late payment.