Terms of Service
Concito Networks ("COMPANY") agrees to furnish services to the customer ("SUBSCRIBER"), subject to the following TOS (Terms of Service).
Use of COMPANY Service constitutes acceptance and agreement to COMPANY's AUP as well as Company's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of COMPANY and AUP (Acceptable Use Policy) The AUP and TOS may be changed from time to time at the discretion of the COMPANY without direct notification to the SUBSCRIBER. COMPANY will make the TOS and AUP available via it's public web site and will mail a printed copy to the SUBSCRIBER upon written request. SUBSCRIBER understands that changes to the AUP by the COMPANY shall not be grounds for early contract termination or nonpayment.
This Agreement shall be construed in all respects in accordance with the laws of the state of New York, county of New York applicable to contracts enforceable in that state. Venue will be New York, New York
- Disclosure to law enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, SUBSCRIBER agrees that the COMPANY may disclose any and all SUBSCRIBER account information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who provides a legal request without further consent of the SUBSCRIBER. Notification to SUBSCRIBER will be made to the extent possible by law.
- Controversial Content: SUBSCRIBER's connection to the Internet is private and as a result COMPANY cannot control the nature of the material that SUBSCRIBER may encounter at some point. The World Wide Web, Usenet, and chat areas, such as IRC, are electronic virtual communities, which do not censor the content delivered and/or communicated through their forums. With the use of Subscriber's account on the Internet, SUBSCRIBER will have access to and will at some time or another be exposed to "Free Speech" that may be found offensive. "Free Speech" may include sexually explicit pictures and/or documents, pro-religious and anti-religious debate, racially offensive speech, and may other possibly graphic and/or offensive documents, pictures, etc. COMPANY expressly disclaims liability for any harm resulting from encountering such or similar material.
- U.C.E. (as defined in our AUP) is strictly prohibited. COMPANY has a ZERO TOLERANCE policy toward U.C.E. First violations of this policy will result in an "Investigation Fee" of $50 and Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an "Investigation Fee" up to $500 and immediate termination of Subscriber's account. To avoid trouble with Subscriber's account, DO NOT send U.C.E. from the account. This includes email, Usenet and access account types. If SUBSCRIBER even suspects that a piece of email that is about sent could be viewed as U.C.E. ask a COMPANY representative first. Such action will not absolve SUBSCRIBER of responsibility but may prevent problems for SUBSCRIBER by being advised not to send the email.
- Service Rates: SUBSCRIBER acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to SUBSCRIBER. SUBSCRIBER is aware that the COMPANY may change the specified rates and charges from time to time. SUBSCRIBER understands that they may cancel their account if the rate changes are found to be unfavorable and there is no addendum to this agreement for special services such as but not limited to dedicated T1 circuits.
- Payment Due Date: Initial payments for services are due within 10 days of the effective activation date. Recurring payments are due on the anniversary day of the month in which the service is first billed. All services are billed in advance of the period for which the service is given. Accounts are considered past due on the first day for which the service is billed.If a customer needs to cancel, they must cancel 5 days before their due date. The subscriber can locate their next billing date by logging into their control panel and checking their date on the calander.
- Payment and Fees: Checks returned for any reason are subject to a $25.00 returned item charge per occurrence. Credit Card charges will appear on your credit card statement as "Concito Networks". Credit cards that are declined for any reason are subject to a $1.00 declination fee per occurrence. Service will be interrupted on accounts that are past due on the first day of the month of service. Services which remain interrupted for nonpayment longer than 1 month are subject to a reconnect charge equal to the greater of $10 or the activation fee of the service at the time. Accounts not paid within 10 days after the due date are subject to a $5.00 late fee. Subscriber agrees to keep a valid credit card number on file with Concito for the duration of their account. A valid credit card number consists of card number, expiration date and CV2 Verification code. This applies to ISDN accounts only. If customer refuses to keep any or all of these on file with us, their account will be suspended immediately without refund. Accounts opened online with the exception of dedicated ISDN accounts are waived a setup fee. In the event that a new account is cancelled within 45 days of opening, the customer will be charged the setup fee that was waived on account initation of $19.95.
Accounts that are not collectable by COMPANY may be turned over to an outside collection agency for collection. If the account is turned over for collection, SUBSCRIBER agrees to pay COMPANY a "Collection" Fee of not less than $50 nor more than $150. If SUBSCRIBER desires to cancel the account, they must follow the proper procedures to do this as outlined in section 10 of the TOS. Failure to pay a charge on the account will not deem the account canceled. If SUBSCRIBER disputes a charge to their credit card issuer that, in Company's sole discretion is valid under the provisions of the TOS and /or AUP, SUBSCRIBER agrees to pay COMPANY an "Administrative Fee" of not less than $50 and not more than $150 in addition to the charge made to the credit card initially. If SUBSCRIBER supplies COMPANY with credit card information either through the sign-up form or verbally over the phone SUBSCRIBER agrees to let COMPANY continue to charge the credit card until such time that the account is canceled. as outlined in section 10 of the TOS.
- Refunds and Disputes: All payments to COMPANY are nonrefundable. This includes the one time activation fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Early cancellation of a service which has been prepaid for any term will not receive a refund. ALL PAYMENTS TO COMPANY ARE NONREFUNDABLE. Concito is not a try before you buy service. If you are just trying Concito to check on connection speed, etc; you will be billed regardless if you decide to keep the service for a period of time or not.
- SUBSCRIBER Referrals: SUBSCRIBER may receive a credit for referring a new customer to COMPANY. Such credits shall be issued at the sole discretion of COMPANY and only issued 60 days after the new customer has paid for their new services in full. The new customer must list the Subscriber's name on the sign-up form during the sign-up process. The Subscriber's account must be in good standing and open at the time of the referral to receive the credit. COMPANY reserves the right to refuse any referral credit without explanation. The sum of the referral credit will be equal that of one (1) month of the new customer's monthly recurring fees and be issued in store credit only.
- Failure to Pay: The COMPANY may temporarily deny service or terminate this Agreement upon the failure of SUBSCRIBER to pay charges when due. Such termination or denial will not relieve SUBSCRIBER of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: All requests for canceling accounts must be made in writing and completed on our support page at http://www.concito.net/support/
SUBSCRIBER must have all account information to cancel. For further instructions SUBSCRIBER may call 866-660-8800 and ask for details on canceling an account. Cancellations will be processed on the date the cancellation is received and be effective at the end of the current period for which services have been paid. Any fees for services rendered prior to the date of cancellation will still be due and payable. No refunds will be issued for unused portions of a service which has been paid for due to cancellation.
- New Domain Accounts: All new web hosting accounts involving newly registered domains will be set up and entered into COMPANY DNS servers within 3 to 5 business days after they have been confirmed to be correct with the registrar. Due to unforeseen complications, however, this process may sometimes require additional days and will not be completed until verification has been completed. If the new domain is registered by the account holder, through Company's web site it may reduce the number of days needed to setup the domain name in our DNS servers. If the domain is registered through a third party or by a method other than Company's web site the account holder may be responsible for making changes to the domain records held by the registrar.
- Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to COMPANY will require 3 to 5 business days to be entered into Company's DNS servers once they have been confirmed to be correct with the registrar. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. Transfers of domains should be initiated by COMPANY and have COMPANY listed as the technical contact to avoid possible delays.
- Telephone Charges: COMPANY is not responsible for tolls acquired from long distance dialing or line usage. SUBSCRIBER is responsible for calling the local phone company to determine if the access number used to access Company's network is a local call.
- Support Boundaries and Definitions: COMPANY, provides basic Internet technical support to subscribers during regular business hours Monday through Friday and on Saturdays. COMPANY limits technical support to their area of expertise. Not all personnel have the same areas or levels of expertise, SUBSCRIBER may be referred to another member of the support team who is not currently available in which case that team member will contact SUBSCRIBER at the team member's earliest availability.
The following are Company's guidelines when providing support: SUBSCRIBER must have a Windows 9x, ME, NT, 200 operating system or Mac OS. The modem must be compatible with the operating system. The computer must be able to operate efficiently enough to connect to the Internet Help will be provided on the necessary settings for the modem, router and software being used to get connected to the Internet COMPANY will not be able to help configure the modem or router with the exception of ISDN customers. Help resolving hardware and/or software conflicts on the computer will NOT be provided. Connection support is provided for the following operating systems: Windows 9x or higher, ME, 2000, XP , and MAC of course! Limited support is also available for Mac OS 8, Windows NT workstation and server and 200. If a server version of NT or win 2000 is being used, adequate access privileges must be available to the user. When calling for support SUBSCRIBER must have: the Operating System installation disks, CD or restore files; The make, model, and manufacturer of the modem or router.
With the exception of ISDN customers, all setups are treated as individual connections and technical support will not be supplied for network connections. If SUBSCRIBER needs such support additional offsite consulting services are available for a fee, ask a COMPANY support team member for details. Support is for Internet access and programs related to the Internet such FTP, Web Surfing and Email. Telephone support will not be provided for extraneous services like networking, applications, file and printer sharing or other such services. Support for problems not included in the Internet services may be obtained through Company's onsite consulting services. Ask a COMPANY support team member for details.
- Breach of Provision: A waiver by the COMPANY of any breach of any provision of this Agreement by SUBSCRIBER shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- SUBSCRIBER acknowledges that the services provided by COMPANY is of such a nature that service can be interrupted for many reasons other than the negligence of the COMPANY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, SUBSCRIBER agrees that the COMPANY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the COMPANY. SUBSCRIBER further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by SUBSCRIBER for services during the period damages occurred. In no event shall the COMPANY be liable for any special or consequential damages, loss or injury. The COMPANY, at it's sole discretion may decide whether or not credit is due for any loss of service. All credits issued for service interruptions and/or customer referrals will be issued as store credits and in no way be included in any refund for any reason.
- SUBSCRIBER shall not transfer or assign this Agreement without the prior written consent of the COMPANY. COMPANY may assign Agreement at anytime without consent from or notice to SUBSCRIBER.
- COMPANY reserves the right to cancel Subscriber's rights under this contract at anytime without further obligation.
- Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. 512, claims of copyright infringement must be submitted to email@example.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
3. A reasonably detailed description of where the alleged infringing material is located on this website;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Software Export Controls
Subscribers who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software available on the Concito Networks Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Concito Networks, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY'S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. Concito Networks MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO ADVERSELY AFFECT Concito Networks RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT Concito Networks PRIOR WRITTEN APPROVAL.
- LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. YOU AGREE THAT Concito Networks, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR Concito Networks PROVISION OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY Concito Networks NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, Concito Networks SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
- DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS" BASIS. Concito Networks MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. Concito Networks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Concito Networks SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
- Concito Networks offers subscribers email virus filtering as an add-on and billable service. This is a service intended to help minimize the possibility of infection to subscriber's computer through email. Concito networks is not liable if a subscriber's computer does in fact become infected with a Virus, whether it was transmitted through email or through other means.
A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of Concito Networks a customer's account may be reactivated following the customer contact and the customer's agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in Spam. For example, if a Concito networks customer's web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above.
In ANY event of abuse Concito Networks reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying Concito Networks costs and expenses of identifying, terminating and correcting such abuse.