2. CUSTOMER agrees and understands that INOVA and agents have no control of information and services provided through the Internet and the customer hereby expressly releases, holds harmless and agrees to indemnify INOVA and Agents from any and every claim which might be made by any person by virtue of customer's access to and use of the Internet.
3. CUSTOMER agrees and understands that the Internet is unrestricted and uncensored, and that certain material may be distasteful, and/or unsuitable for children. CUSTOMER agrees and understands that INOVA has no control over the Internet sites and that it is the customer's sole responsibility to prevent viewing of inappropriate material by children.
4. By executing this agreement and/or using the system, the CUSTOMER expressly agrees to abide by all system rules as published from time to time by INOVA. CUSTOMER hereby acknowledges receipt of a Current copy of the system rules in effect at the time of activation. System rules may be modified at any time by INOVA, with such changes to be published on the INOVA Web Home Page. CUSTOMER agrees to accept INOVA interpretation of all system rules.
5. INOVA agrees to use its best reasonable efforts to keep all electronic mail (e-mail) messages private and confidential, and agrees that the CUSTOMER is the sole owner of any email messages posted by CUSTOMER to the system. In the event reasonably believes the CUSTOMER is violating system rules, INOVA may review CUSTOMER’S email. If it is determined that a violation has occurred, INOVA may exercise the remedies provided in Section 6 of this agreement. CUSTOMER acknowledges and agrees that the recipients of email are under no obligation to keep it confidential, and that in the event that government authorities investigate or seize the system, CUSTOMER email may be reviewed.
6. If INOVA has reason to believe CUSTOMER is in violation of any system rules, or is conducting any activities we believe harmful to INOVA, the system, or other users, customer expressly agrees that INOVA may exercise any or all of the following remedies: a. INOVA may immediately terminate CUSTOMER access to the system and shall have no obligation to return email or other files stored on the system. b. INOVA may report the matter to the proper authorities and fully cooperate with any official investigation. c. INOVA may exercise any other right, remedy, or action which is appropriate in view of the nature of the violation of system rules or other harmful activity.
7. CUSTOMER agrees to pay for all services used in a timely manner, in accordance with INOVA’S billing policies. CUSTOMER agrees and understands that base service is billed one month in advance and that any overages are billed one month in arrears.
8. CUSTOMER recognizes and acknowledges that any software provided by INOVA for access to the system is copyrighted material, and that customer may not sell, give, transfer, or copy said software without the express written permission of the copyright holder and INOVA.
9. CUSTOMER acknowledges and agrees that any passwords issued by INOVA for system access are for the sole use of CUSTOMER, and that CUSTOMER may not allow others to use his/her password to access the system. Violation of this article shall be cause for immediate termination of service.
10. CUSTOMER may not resell any services purchased from INOVA without the express written consent of INOVA.
11. CUSTOMER agrees to all terms and conditions in the above application for INOVA service.
12. CUSTOMER hereby agrees and consents to the obtainment by INOVA of any and all personal credit and/or financial information and does hereby agree and consent to INOVA's use thereof for the purpose of waiving any security deposit or determining whether or not service to customer should be initaited or continued. CUSTOMER agrees to indemnify, hold harmless, and release INOVA from any claim made as a result of the use and/or obtainment of such information. INOVA reserves the right to charge a security deposit.
13. Acceptance of the application is at INOVA's sole discretion and shall be evidence by its duly authorized signature in the space provided.
14. At the sole discretion of INOVA, service may be commenced prior to or subsequent to obtaining and verifying of credit and financial information as authorized herein. INOVA reserves the right to demand a deposit and/or terminate service if, in the sole discretion of INOVA, CUSTOMER’S credit or financial information proves unsatisfactory during the term of this agreement.
15. CUSTOMER certifies and warrants that the information given in the application is true and correct.
16. Prices charged for services under this agreement are subject to change without notice.
17. CUSTOMER hereby waives, and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. CUSTOMER agrees to pay all charges due hereunder, regardless of any claim, defense, or offset which may be exerted by CUSTOMER or on CUSTOMER’S behalf.
18. A delegation of any obligation hereunder by CUSTOMER shall not relieve CUSTOMER of said obligation.
19. No term or condition of this agreement may be waived or modified except by the written consent of INOVA. Forbearance of indulgence by INOVA in any regard whatsoever shall not constitute waiver of any term or condition nor shall it constitute a waiver as to any future default or defaults, whether of like or different character.
20. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address set forth in this agreement, by US mail, or at such address as the notified party may from time to time request in writing. Any notice mailed to such address shall be considered effective at the time of mailing.
21. This agreement shall be construed under and in accordance with the laws of the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
22. CUSTOMER assumes responsibility for any and all charges associated with the use of his/her account, including but not limited to, charges relating to activity that violates the system rules. CUSTOMER assumes full responsibility for charges related to activity that violates system rules as a result of shared account information (sharing of an account login and / or password).
23. INOVA assumes no responsibility for interruptions of service caused by Acts of God, force majeure, catastrophe, etc.
24. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivation, or plan changes.
25. If service is suspended by INOVA for nonpayment of other cause, a $35 charge will be imposed at reactivation.
26. 1.5% per month will be charged for all balances not paid by the due date.
27. A service charge may be imposed for all returned checks, not to exceed the maximum allowed by law. Returned Check fee of $25.
28. CUSTOMER assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing by CUSTOMER.
29. Upon acceptance by INOVA, the Customer Service Agreement and any exhibits, riders, amendments, or supplements attached shall constitute the entire Agreement between CUSTOMER and INOVA, and shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties respecting the within subject matter.
30. CUSTOMER agrees he/she has read and agrees to all the terms and conditions herein.
1. The system may not be used for any activity which may violate criminal or civil laws. These include, but are not limited to, any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.
2. The system may not be used to distribute mass unsolicited email containing commercial advertisements or to post commercial advertisements to inappropriate locations on the Internet.
3. The system may not be used to publish defamatory statements directed to or about other persons or entities on the Internet.
4. CUSTOMERS must respect the conventions and rules of news groups, mailing lists, and other networks, even if those conventions and rules are more restrictive than INOVA'S.
5. The system may not be used to violate the copyright interests or other intellectual property interests of any person or entity. This includes, but is not limited to the distribution or sharing of copyrighted software in violation of the copyright holder's rights. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity.
6. CUSTOMERS, including Home Page Customers, may not post any material to the system which is obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.
7. Because of limited system resources, CUSTOMERS will be automatically logged out after no longer than 15 minutes of inactivity. Only effective in WIFI Hot Spot Sites.