Terms & Conditions
Thank you for choosing Sierra Tel Internet. We look forward to providing you with fast, dependable Internet Service. All of our Customers need to agree to our Terms and Conditions before their account is fully enabled and before using our Services.
Sierra Tel Internet Local Internet Access Terms & Conditions (“Agreement”)
Updated: October 24, 2016 (Effective Date)
Sierra Tel Internet (“Company,” “we,” or “our”), affiliated with Sierra Telephone Company, Inc. (Sierra), offers Internet access to Customers (“you” or “Customer”) in accordance with the following Terms and Conditions. By using Company’s Internet Services, Customer further agrees to abide by the Terms and Conditions of Service as prescribed by the Company from time to time. “Services” refers to all services and equipment provided by or through the Company, including without limitation, Internet access and the licensing of company or third party software.
BY USING SIERRA TEL INTERNET SERVICES YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR ANY CHANGES TO IT, YOU SHOULD IMMEDIATELY END YOUR USE OF COMPANY’S INTERNET SERVICES AND COMPANY SOFTWARE AND NOTIFY THE COMPANY’S CUSTOMER SERVICE DEPARTMENT TO CLOSE YOUR ACCOUNT. COMPANY MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME, UPON REASONABLE NOTICE, AND SUCH CHANGES SHALL TAKE EFFECT ON THE “EFFECTIVE DATE” AS POSTED IN THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS OF SERVICE PERIODICALLY TO BE AWARE OF SUCH CHANGES. YOU HAVE THE OPTION TO END YOUR SERVICE IF YOU DO NOT WISH TO ACCEPT NEW OR CHANGED TERMS. YOUR CONTINUED USE OF COMPANY’S SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT WHETHER YOU REVIEW IT OR NOT.
Section 1: Network Management Practices
- STI does not participate in any traffic shaping, filtering, or prioritization schemes that would unreasonably discriminate in the transmission of lawful, non-harmful, network traffic, including any traffic that may be provided by our affiliates. Likewise, STI does not block lawful content, ports, applications, services, or non-harmful devices (subject to reasonable network management). Traffic information is not stored, provided by us to any third parties without legal order, or used by STI for non-network management purposes. Exceptions, solely to manage harmful or unwanted traffic, include: as an anti-spam practice, STI does require that all outbound email traffic (SMTP Port 25) originating from STI network addresses be routed through an approved STI mail server. Outbound email traffic not routed through an approved STI email server is blocked. This is a standard industry practice and in no way affects the performance of the network. Email virus filtering is applied to all inbound and outbound email. This filtering cannot be turned off. Email spam filtering is applied to all inbound and outbound email on a reasonable efforts basis, but is not and cannot be 100 percent effective. Inbound spam filters can be bypassed in your own user control panel.
- STI currently provides no specialized services that impact the performance of the network.
- STI only provides technical support for STI supplied DSL Routers on the STI DSL network. Customers connecting unsupported devices must provide their own support, and may be subject to removing said devices if they are deemed harmful to the network or other users. Information required to connect an unsupported device will be provided to the customer upon request.
- Users may attach devices behind their STI issued routers for the transmission and receipt of lawful network traffic to include (but not be limited to) voice, video, and other types of data services.
- Latency on the STI network is, on average, 25-100ms. Typical packet loss during peak usage periods is under 1%. Individual user experiences may vary. The STI network is suitable for most real-time and/or time sensitive applications including (but not limited to) voice and video streaming. Use of your own application is at your own risk.
- For any issues or complaints regarding service please email firstname.lastname@example.org or phone STI Technical Support at 1-559-683-4611, 1-209-966-3636, or 1-877-658-4611.
- For questions regarding STI’s conformance to FCC Net Neutrality rules, please email email@example.com.
Section 2: Broadband Performance Characteristics
|Plan||Download Speed||Upload Speed||Monthly Rate|
|Starter DSL||4 Mbps||800 Kbps||$39.95|
|Bronze DSL||8 Mbps||800 Kbps||$49.95|
|Silver DSL||12 Mbps||2 Mbps||$59.95|
|Gold DSL||20 Mbps||2 Mbps||$69.95|
|DSL Supreme*||25 Mbps||5 Mbps||$129.95|
|DSL Supreme Hotel*||25 Mbps||5 Mbps||$299.95|
|DSL Ultra*||50 Mbps||25 Mbps||$249.95|
|DSL Ultra Hotel*||50 Mbps||25 Mbps||$499.95|
|DSL Maxx*||100 Mbps||50 Mbps||$489.95|
|DSL Maxx Hotel*||100 Mbps||50 Mbps||$899.95|
* Availability limited
Note that actual speeds, performance and individual user experience will vary from the above, depending on line conditions, distance and other operating and transient factors.
Section 3: Promise to Pay
- Internet Services are billed in advance on a monthly pro-rated basis. STI will apply these charges to the Customer’s current Billing Method according to the rules applicable to each specific Billing Method (please see section 3.1 for a full explanation of Billing Methods). Failure to pay timely for Internet service charges according to the rules for the applicable Billing Method will result in a non-payment suspension or disconnection of Internet services.
- Company reserves the right to suspend or terminate Customer’s account and Services, without further notice, upon Customer’s transition into non-payment status. Such suspension or termination of Services does not relieve Customer of the obligation to pay all of the Customer’s account charges.
- Should Customer be disconnected due to non-payment, a $9.95 reconnect fee will apply.
- Should Customer disconnect DSL or the phone number that DSL is installed on (for voluntary or non-payment reasons) within the first 6 months of service, a $25.00 Early Termination cost recovery fee will apply and the 6 month early termination term will be re-set.
- Should Customer relocate DSL service to a different address within the first six months of service, a $25.00 Early Termination cost recovery fee will apply and the six-month early termination term will be reset.
- Should Customer change the phone line that DSL service resides on, a $30.00 change fee will apply.
- In the event of account delinquency, Customer agrees to pay Company its reasonable expenses, including attorneys’ and collection agency fees incurred in enforcing its rights under this Agreement. A reinstatement fee (equal to the setup fee) for the service will also apply.
Section 3.1: Billing Methods
All Customer accounts will be billed by our affiliate, Sierra Telephone. Each Billing Method is subject to the possibility of non-payment disconnections. If the customer fails to pay their Sierra Telephone bill in a timely manner, all Internet Services on the same billing account or household will be disabled. This action will constitute a non-payment suspension or disconnection.
- Combined Billing Option: Customer may have all recurring Internet Service charges and non-recurring fees applied to an existing, or newly created, Sierra Telephone account where telephone landline service charges are billed. STI will require that Customer provide a valid Sierra Telephone phone number and that the Customer is an authorized party on the phone number so identified.
- Separated Billing Option: Customer may request a separate account for all recurring Internet Service charges and related non-recurring fees and charges.
- Taxes and Fees: Government taxes and other government-related fees may apply, in addition to Company rates and changes for service. Specific charges may vary by location.
- ONLINE BILL PAYMENT (eBill) – View and/or pay your bill online at www.sierratel.com. You may make one-time payments, or set up monthly automatic payments by eCheck or credit card.
- CASH or CHECK – Drive-through drop boxes are located in front of both Sierra Telephone business offices. Payments may also be made in person or by mail. During regular business hours, you may pay your bill by telephone by calling one of the Sierra Telephone business offices and using an authorized checking account to pay by eCheck.
- eCHECK – Payment by eCheck may be made by contacting a Customer Care Associate over the telephone, during normal business hours.
- CREDIT/ DEBIT CARD – Use ATM debit, or charge to VISA, MasterCard, or Discover Card. During regular business hours, you may pay your bill in person or by telephone by calling one of the Sierra Telephone business offices and using an authorized credit card.
- AUTO CREDIT CARD – Payment is automatically charged to your credit card each month. Contact our business office to set up automatic payments.
- AUTOMATED CLEARING HOUSE (ACH)/AUTO DEBIT – Payment is automatically debited from your checking account each month. Visit our business office to establish this service.
Section 4: Customer Use
- Company’s Internet access Service may only be used for lawful, non-harmful, purposes. Spam, unsolicited messages, and any other transmissions or activities that are, or reasonably may be, harmful to the network or other Internet users or unwanted by other Internet users will not be permitted. Transmission of any material in violation of any federal, state, or local laws, regulations, or orders is prohibited. Company reserves the right to suspend or terminate Customer’s account without notification in response to the above-mentioned violations.
- Security probing or security breaking tools are not allowed on any Company-owned systems.
- “Unlimited Access” pertains to active connections only. A 20-minute inactivity timeout will be set on Standard and Premium dial-up accounts.
- Customers accessing the Internet through simultaneous dial up connections are required to purchase additional dial up accounts for each simultaneous connection.
- Although Company offers unlimited access, those dial-up users connected longer than 10 hours will be disconnected, even if active. Customers may re-dial and connect to Company’s Services immediately upon disconnection. Customers requiring connections longer than 10 hours should call Company to upgrade to a dedicated dial-in account.
- Internet Access is a retail service for Customer use only. Customer may not share, re-transmit, re-route, re-direct, or re-sell Internet access by any means, or for any reason. Customers not adhering to this policy will have their Internet account suspended or terminated.
- Customers with computers infected with viruses, Trojans, mailers, or other malicious code causing a surplus of network traffic will be placed on “limited access.” All Customers placed on limited access are restricted to using webmail for sending email until correction is demonstrated.
- News Group access is limited to 10 gigabytes of traffic per month. Customers who require more than the 10 gigabytes limit are encouraged to purchase their own News Group account from a third party News Group provider.
Section 5: Email/ Company Server
- Items in the Customer’s Deleted Items folder of the Company email server will be deleted every seven days. For this reason, Company recommends that Customer download mail to Customer’s personal computer, rather than saving mail solely on the Company server.
- Customers subscribing to Company’s Junk Email elimination system agree that all junk mail older than seven days will be deleted from the Company server.
- Company will use email to correspond with Customer from time to time with important information regarding Services or Customer’s account. For this reason, it is important that Customers check their email on a regular basis.
- Customer email accounts are limited to ten (10) megabytes of storage on Company email server.
- Customer emails older than 45 days will be deleted from Company’s mail server. Customer is fully responsible for downloading or saving any Customer email older than 45 days to Customer’s personal computer or other storage device.
- Customer agrees to pay Company’s actual damages related to spam or other unsolicited bulk email sent by Customer to the extent such actual damages can be reasonably calculated. Customer agrees that Company may charge such damages to Customer’s selected payment method.
- Customer email accounts that have not been accessed for 365 days will be purged from the Company mail server and all email items will be deleted. Customer is responsible for checking email periodically to prevent Customer email account(s) from being purged.
- Due to the nature of Internet mail, Company cannot restore deleted or lost mail items. Customer is responsible for downloading and/or saving important mail to a local client or Customer’s hard drive.
Section 6: Brokering and Redistribution Prohibited
- The Services are provided as retail, not wholesale, services. Accordingly, Customer agrees not to sell, share or redistribute Services to any third party.
- Commercial redistribution by Customer for resale is not permitted. Redistribution of services without prior approval of STI will result in immediate termination of service. Redistribution services may be shut down by Company at any time, and for any reason without prior notification.
Section 7: Confidentiality and Privacy Notice
Section 8: No Control Over Content
- Customer acknowledges that Company exercises no control whatsoever over the content of information, products, or Services passing through Company equipment or facilities. In addition, (in accordance with the “Good Samaritan” and other provisions of the federal Communications Decency Act, 47 U.S.C. § 230) Company is not responsible for the content of any information, products, or services passing through its network whether or not the information originated from one of Company’s customers or by another third party. Acquisition or procurement of information, products, or Services through the facilities or Services of Company occurs solely at the risk of Customer; and Company expressly disclaims any responsibility for claims, losses, liability, or damages which any person or entity alleges arises from obtaining or disseminating such information, products, or Services.
- Company is not liable for any loss of data resulting from delays, non-deliveries, mis-deliveries, or Service interruptions caused by Company or anyone else.
- Company does not provide client or desktop virus or firewall protection to Customer. Customer is responsible for installing and maintaining their own virus and firewall protection. Company will not be held responsible for damage to Customer’s equipment or data files due to viruses, Trojan horses, ransomware, or other malicious code transmitted via the Company’s system.
Section 9: No Warranties, Limitation of Liability
THE COMPANY PROVIDES ALL SERVICES “AS IS” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND YOU AGREE TO HOLD US HARMLESS FROM ALL SUCH PROBLEMS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU AGREE THAT YOU WILL NOT RELY ON ANY SUCH STATEMENT. ACCORDINGLY, IN NO EVENT SHALL COMPANY BE LIABLE TO OR THROUGH CUSTOMER OR ANYONE ELSE FOR:
- Any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever even if Company has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in Service, or faulty or misdirected transmission) suffered for any reason by Customer or anyone with respect to Customer’s Services;
- Any damages, loss, or liability suffered by Customer or anyone as a result of any failure of Customer’s obligations under this Agreement or applicable law or regulation, or with respect to the Customer’s Services; or
- Any claim, action, or proceeding against Customer or anyone by any third party for loss, liability, or damages — any or all of which is based upon, arises out of, is derived from, or otherwise related to the use and/or access or Services which are the subject of this Agreement.
- This limitation of warranties was a material factor in the establishment of the fees charged for Company’s Services and system and shall survive the expiration or termination of this Agreement.
- Customer acknowledges that Customer’s use of Company’s Services and systems and the Internet in general is at Customer’s sole risk and no representation or warranty has been made that Company’s Services and systems will be uninterrupted or error-free or that the company can block or filter all spam, viruses, or other harmful or unwanted content on the Internet or in emails.
- The Company’s maximum liability to Customer or anyone using Customer’s account for any and all damage, loss, or liability of any kind, including without limitation Company’s negligence, shall be limited to a refund of not more than the amount paid by Customer to Company for Internet Service charges during the six-month period preceding the claim.
Section 10: Indemnity
- Customer agrees to indemnify, defend, through attorneys reasonably acceptable to Company, and hold Company, its officers, agents, and employees harmless from and against any claim, damages, loss, proceeding, liability, judgment, settlement, costs, or expense (including reasonable attorneys’ fees, fines, and penalties) of every kind and character suffered by Company, its officers, agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Customer under this Agreement.
- This indemnification obligation shall survive the expiration or termination of this Agreement.
Section 11: Termination
Company, without prejudice to any of its other rights or remedies, may immediately and without further notice, terminate or suspend Customer’s account and Service and this Agreement for cause, and may delete all data, files, or other information stored with the Company if the use of the Customer’s account does not comply with Company’s policies or the Terms and Conditions of Service. This includes, but is not limited to:
- Account delinquency or abuse, or unlawful or harmful use of the Services
- The use of Customer’s account disrupts the Company’s business or network, or in Company’s reasonable judgment, could be harmful to the Company’s business or network
- Violating copyright law by posting or sharing copyrighted material.
- In addition to the foregoing, either Customer or Company may terminate this Agreement without cause. Customer may terminate upon written notice (subject to any remaining minimum service commitment or cost recovery). Company may terminate upon 30 days written notice to Customer.
- Upon termination of this agreement for any reason, whether initiated by Customer or the Company, Customer shall return or destroy all copies of software provided by the Company, including third party software distributed by the Company.
Section 12: Copyright Infringement and the Digital Millennium Copyright Act
- STI subscribes to the Safe Harbor clause of the DMCA (Digital Millennium Copyright Act of 1998 and any Amendments) and will follow the procedures as required by the DMCA upon receipt of notification of alleged copyright infringement from a copyright owner. For complete DMCA rules see www.copyright.gov/legislation/dmca.pdf.
- Repeated copyright infringement by Customer will result in suspension and/or permanent account termination.
Section 13: No Other Agreements or Oral Modifications
- These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted. This Agreement may not be modified orally by either party.
Section 14: Customer Age Requirement
- Customer represents and warrants that Customer is at least 18 years of age, that Customer has read this Agreement and Customer accepts and agrees to all of the Terms and Conditions of Service as set forth above.
Section 15: Verify Your Local Dial-Up Access Number With Your Local Telephone Company
- Company is not liable for long distance telephone charges incurred by Customer.
- Customer is responsible for verifying that the access numbers Customer uses to connect to the Internet are local and toll-free telephone numbers.
Section 16: Services and Pricing
- To see Services and Pricing, please visit the STI home page and select the service from the menu. Prices are subject to change without notice.
Section 17: DSL Service Customers Only
- There is no bandwidth guarantee with DSL Service. DSL speeds are delivered on a commercially reasonable efforts basis. Subscribers who are located farthest from telephone company facilities will receive slower than advertised speeds. Customer may experience slower DSL speeds during periods of peak usage.
- Please be advised that the “always on” nature of broadband Internet connection makes Customer’s equipment more susceptible to hacking activity. Company highly recommends that Customer purchase and install anti-virus and firewall protection to safeguard Customer’s data and equipment against such security and privacy risks.
- A Customer wishing to cancel DSL prior to installation date, may and must do so prior to 48 business hours of the installation time. If Customer has service or speed issues that cannot be resolved, Customer can cancel within 30 days without penalty or termination fees. Early termination fees do not apply to changing DSL installation date or time. DSL Service installation typically takes two to three days; however, installation may take up to one week.
- If Customer requests DSL equipment installation services, Customer shall be subject to installation fees listed on our DSL page. Customer acknowledges and agrees that DSL installation may be performed by an independent contractor hired by Company to perform such services. Customer further acknowledges and agrees that in no event shall Company be liable to Customer or anyone else for any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever suffered for any reason by Customer or anyone with respect to the acts or omissions of such independent contractor. If Customer misses a scheduled DSL Service setup appointment, Customer will be charged a $25 “missed appointment” fee.
- DSL equipment is either rented by Customer or Customer owns the equipment. Customers who have previously been given DSL equipment by Company now own (and are responsible for) the equipment. The Company’s DSL loaner program has been discontinued; equipment previously loaned to Customer is now owned by Customer. Customers who purchase DSL equipment from Company are responsible for their DSL equipment including maintenance, repair and replacement. DSL modems/routers will be replaced at no charge should the equipment fail during a warranty period of thirty days from the date of purchase. For DSL equipment that is outside the thirty day warranty period, Customer must contact the equipment vendor directly for warranty service. Likewise, Customer may choose to purchase replacement equipment at the current market rate. Rented equipment that has failed during the rental period without Customer breakage will be replaced at no charge.
- Customer agrees to Company’s prices as posted on the DSL page. Prices are subject to change without notice.
- Company recommends that Customers who use an alarm monitoring system notify Company of such before DSL installation takes place. Company recommends a DSL splitter installation in such instances. Company will not be held liable if DSL interferes with any alarm or monitoring system for any reason. Company recommends that Customer test their alarm and/or monitoring system (with DSL running) after DSL installation has taken place.
Section 18: Web-Hosting System Only
The terms of this section apply only Customers who also subscribe to web-hosting services and do not apply to Internet access services.
- All web-hosting accounts have outgoing file transfer limitations.
- Please note, additional file transfer charges may apply to web space that is included with Customer’s dial-up or high-speed access account. Please visit our pricing page for additional monthly charges that may apply to your website due to monthly file transfer that surpasses the limitations set by Company.
- Any violation of any person’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
- Customer agrees to pay STI for domain registration fees for every renewal period that their domain is registered through STI. All Customer domains are automatically renewed on an annual basis, unless Customer’s account is discontinued for any reason. If customer wishes to cancel their domain registration, they must do so at least two months prior to the re-registration date of their domain. All domain registration fees paid to STI are non-refundable.
- Spamming, whether or not it overloads the Services or disrupts Service to Company’s Customers, is prohibited. The term “spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. Company reserves the right to determine, in its sole and absolute discretion, whether email recipients were from an opt-in email list. Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Use of the Services for creating or sending Internet viruses, worms, Trojan horses, ransomware, or time bombs, or for pinging, flooding, spoofing, or mail bombing, or engaging in denial of Service attacks is prohibited.
- It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, Service, or equipment) or conduct their business over the Internet.
- “Hacking” and related activities is prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- The export of encryption software outside of the United States and/or other acts resulting in violations of United States law relating to the export of software is prohibited.
- The use of the Services to store, post, display, transmit, advertise, or otherwise make available pornography and/or content of a violent nature is prohibited. In particular, Company is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- The use of the Services to engage in any activities that are determined by Company, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, the sale of counterfeit, stolen or other illegal items, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Company will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Use of the Services to store, post, transmit, display, or otherwise make available obscene, defamatory, trade libelous, harassing, abusive, or threatening language is prohibited.
- Engaging in any activity that, in Company’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, Company’s business, operations, reputation, goodwill, Customers, and/or Customer relations, or the ability of Company’s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product, or Service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Customer to cooperate with Company in correcting or preventing violations of this Usage Policy by, or that result from the activity of Customer or a customer of Customer is a violation of this Usage Policy. In general, Company does not monitor its Customers’ websites or activities to determine whether they are in compliance with this Usage Policy. However, when Company becomes aware of any violation of this Usage Policy or its User Agreement, Company may take any action to stop or correct such violation, including but not limited to shutting down a website, denying access to the Services or to the Internet and/or removing information. In addition, Company may take action against a Customer or a Customer’s customer because of the activities of such Customer. Company reserves the right to take any such action even though such action may affect other customers of the Customer.
- Company may disclose any information in its possession, including, without limitation, information about Customer’s Internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request, to protect Company or others from harm, and/or to ensure the proper operation of the Services. Company has no obligation to notify any person, including the Customer about whom information is sought, that Company has provided the information.
In accordance with the Digital Millennium Copyright Act, Company has adopted a policy that provides for termination of websites hosted by Company that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Company or its subsidiaries, and the copyright holder wants Company to remove the website or disable the material in question, Company will remove the website or disable the material if the copyright holder provides us with all of the following information:
- A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work that is claimed to be infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and if available, an email address at which such person may be contacted.
- A statement that the person giving the notification 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Company may turn down or disconnect Customer’s dedicated web hosting server if Company assesses that such server has become infected with a virus, worm, Trojan or other malicious code. Company will make a good faith effort to contact Customer and correct the problem before shutting down the server; however, Company reserves the right to shut down the server without notice if such problem arises.
Section 19: Dispute Resolution, Arbitration, and Waiver of Class Actions
- Most Customer concerns or disputes can be resolved through our customer service representatives. However, if either of us has issues which cannot be resolved without third party intervention, Customer and Company both agree to submit to binding arbitration before the American Arbitration Association. This means that all disputes arising from or relating in any way to your Services, whether under this Agreement or not, will be resolved through arbitration, not in court or through judge or jury; with the sole exception that claims for or against an individual may be brought in local small claims court. Moreover, to the fullest extent allowed by law, both the Customer and Company agree to waive any rights to pursue a claim arising from or relating to this Agreement or the Services as a class action. That is, the Customer or Company will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or unaffiliated entity. The arbitration shall take place in Madera County, California or any other mutually agreed-upon location. The waivers in this section continue in force and effect after the termination of this Agreement.