Provision of Services
High Forest Net Solutions will provide services on its host computing
systems to individual customers in exchange for payment of fees and compliance
with the terms and conditions of this document. High Forest Net Solutions
services are defined as the use by Customer of computing, telecommunications,
software, and information services provided by High Forest Net Solutions.
These services also include the provision of access to computing, telecommunications,
software, and information services provided by others via the world-wide
computer network known as the Internet
Account and Agreement Terms
This agreement shall remain in effect until Customer terminates his/her
account or High Forest Net Solutions cancels Customer's account. High Forest
Net Solutions may occasionally require new registration and account information
by Customer to continue this service. In addition, Customer shall notify
High Forest Net Solutions in writing or by e-mail of any changes in the
account information, such as address or phone number. High Forest Net Solutions
also requires updated credit card information from those customers choosing
this method of payment one month prior to the card expiration date. We
strongly recommend you send this information by mail.
All accounts are for personal, non-transferable access. Note that signing
on with more than one concurrent user session through our modem pool is
explicitly prohibited, as is lending or giving your account password to
others. EACH INDIVIDUAL PERSON WHO USES High Forest Net Solutions MUST
HAVE THEIR OWN ACCOUNT. This is to protect the account holder.
High Forest Net Solutions reserves the right to change the terms and
conditions by notifying Customer in writing or by email at least 30 days
in advance of the effective date of the change. Use by the Customer after
the effective date constitutes acceptance of the new terms and conditions.
If the customer does not agree to the new terms and conditions, Customer
may cancel this agreement at any time by giving High Forest Net Solutions
proper written notice in accordance with the terms and conditions stated
herein. High Forest Net Solutions also reserves the right to terminate
an account at any time for any reason. Customer will receive a refund for
any prepaid but unused time.
Billing/Terms/Termination
High Forest Net Solutions will bill Customer monthly subscription and
connection fees as set forth in High Forest Net Solutions current rate
schedule. This schedule may be modified by High Forest Net Solutions upon
30 days notice in writing or by email to Customer.
High Forest Net Solutions will enable Customer's Internet access account
during the first 10 days until the first months usage and set-up fees are
paid and the High Forest Net Solutions Service Contract is received from
Customer. It must be signed and dated by Customer and by Customers' parent
or legal guardian if Customer is under 18 years of age.
High Forest Net Solutions does not recommend sending cash through the
mail; we are not responsible for the loss of your funds.
If you use a credit card your subscription will automatically be charged
to your credit card on a monthly basis on the first day of each month until
High Forest Net Solutions is notified in writing of your request to cancel
service. We also accept Checks and money orders as well as purchase orders
from qualified firms.
The High Forest Net Solutions accounting period is one month and the
billing cycle begins on the first day of usage. The initial account billing
will cover the month for which the account is established. The Customer
must notify High Forest Net Solutions at least 15 working days before the
next payment is due if Customer wishes to change the method of payment.
Customer must notify High Forest Net Solutions at least 10 days before
the next payment is due if Customer wishes to change type of account.
Service payments will be submitted in advance of receiving services.
Delinquent accounts are those that remain unpaid on the 10th day of the
billing cycle. All delinquent accounts are subject to a $15.00 late fee.
If an account is delinquent for 30 days High Forest Net Solutions reserves
the right to delete the account and all associated files. Once deleted,
all records and files in your account are never accessible or recoverable.
There is a $25.00 service charge for each returned check.
Termination requests for High Forest Net Solutions accounts must be
received in writing via email, or postal service at High Forest Net Solutions,
47 South Maple St., Hohenwald, TN 38462 main office. Accounts will be terminated
within 5 working days after the receipt of such requests.
You are responsible for remitting payment to High Forest Net Solutions
at the above address before the next billing cycle to extend your subscription.
High Forest Net Solutions standard invoicing method is via e-mail sent
10 days prior to the start of the new billing cycle. High Forest Net Solutions
will optionally, at the request of the customer, send a hard copy invoice
via U.S. Postal Service. The fee for hard copy invoicing is one dollar
per month (if you pay your account before the invoices are sent you will
not be charged this fee). Failure to receive an invoice does not relieve
your responsibility to pay. Accounts not paid by the start of the
billing cycle will be subject to disconnect and there will be a $5.00 reconnect
fee due upon restoration of service. Note that if your account expires
due to non-payment, it will be held inactive for 30 days; if you renew
before that time, your files and any incoming mail will remain intact,
BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt
of your payment. That is, if your account expires on March 11th, and we
receive payment on March 30th for one additional month, your new expiration
date will be April 11, NOT April 30.
If you wish us to archive files to floppy disk when your account expires,
you must deliver to us within 30 days the media necessary (sufficient floppy
disks and a $20.00 processing charge). High Forest Net Solutions will archive
the files, including your mailbox, and return them to you via US Post.
Note that we must RECEIVE the media, payment and request prior to the 30
day period or we will have automatically deleted your account -- making
recovery of the data impossible.
If your account is about to expire and you do not intend to renew we
offer a mail forwarding service where we will forward your email to your
new account for 30 days. You must have the consent of the system administrators
at the new forwarded site before we will install the forwarding address.
Note that only mail which arrives after the forwarding is installed will
be sent onward to you. There is a no charge for this service as long as
your account is in good standing at the time of request, otherwise, mail
will be returned to sender as undelivered, address unknown.
Customer is responsible for all fees up to the date of termination
of the service, except where High Forest Net Solutions is unable to provide
services under this agreement through its own negligence.
Customer is responsible for any long distance charges by your telephone
company. It is your responsibility to make sure you are using a local number.
High Forest Net Solutions has no control over telephone company billing
policies
Customers using High Forest Net Solutions to access private networks
such as webtv, aol, etc. are responsible for charges from those companies
for their respective services. High Forest Net Solutions has no control
over billing policies of other companies.
Security of Accounts
High Forest Net Solutions, Email, Internet PPP/SLIP, and Dedicated
Dial-in accounts are for individual users, unless prior written arrangement
are made, and Customer therefore agrees not to share the password or use
of the account with others, including but not limited to other family members
or business associates. Only one login session per account is allowed at
any time. Customer acknowledges that High Forest Net Solutions may terminate
the account without notice if the customer does not comply. Customer agrees
not to use any High Forest Net Solutions services to obtain the passwords
of customers on High Forest Net Solutions or other systems. Customer agrees
not to use High Forest Net Solutions services to make unauthorized attempts
to access the systems and networks of others.
Use of Material
Customer agrees not to use High Forest Net Solutions services to violate
copyright or other intellectual property rights of any author or publisher.
For example, Customer may not upload or download commercial software in
violation of software license agreements.
Abuse of Internet Services
Customer agrees to: Use the services provided by High Forest Net Solutions
only as permitted by applicable local, state, and federal laws. Not use
these services to conduct any business or activity or solicit the performance
of any activity that is prohibited by law. Refrain from mass posting of
the same message to many inappropriate Usenet newsgroups (spamming). Refrain
from mass, unsolicited emailings. Post commercial advertisements only where
appropriate, and venues that specifically encourage or allow advertising.
Respect the conventions of the newsgroups, lists and networks to which
the customer is posting, including rules more restrictive than but not
limited to the above. Abide by High Forest Net Solutions interpretation
of the above. High Forest Net Solutions technical staff are available for
assisting the Customer with the interpretation or application of any of
these rules.
Abuse of High Forest Net Solutions
Services
Any use of High Forest Net Solutions system resources that disrupts
the normal use of the system for other High Forest Net Solutions customers
is considered to be abuse of system resources and is grounds for administrative
intervention. Some examples of system abuse include spawning dozens of
processes, consuming excessive amounts of memory or CPU for long periods
of time, and staying attached to modems while not really "active" on the
line. For example, our "Unmetered Service" is not intended for customers to leave their computers dialed into our system for extended periods of time. Nearly continuous access (anything over approximately 4 hours continuously or 8 hours average per day) requires a full-time dedicated line. Connections that aren't active for a period of time are logged off to prevent busy signals.
Depending on the nature and the severity of the abuse, the user may
receive an email warning, have their processes halted, or have their account
suspended by High Forest Net Solutions technical support. If the misuse
is unintentional, the suspension may be rescinded following discussion
with High Forest Net Solutions technical support. If the misuse is intentional,
the suspension may be rescinded at the discretion of the High Forest Net
Solutions management and may require the payment of a service re-connection
charge. Occasionally, unintentional misuse is misclassified as intentional
misuse. Customers who believe their activity has been misclassified may
appeal to the High Forest Net Solutions management.
Discovering and Reporting Abuse
Violations of the High Forest Net Solutions conditions of use are unethical
and may in some cases be criminal offenses. You are asked to report to
High Forest Net Solutions any information you may have concerning instances
in which the conditions of use have been or are being violated. When High
Forest Net Solutions becomes aware of possible violations, we will initiate
an investigation. At the same time, in order to prevent further possible
unauthorized activity, High Forest Net Solutions may suspend access to
services to the individual account in question. This is done to protect
the account owner in case the account security has been compromised. Confirmation
of violations may result in cancellation of the individual account and/or
criminal prosecution. The account suspension may be rescinded at the discretion
of the High Forest Net Solutions management following payment of a re-connection
charge. If it is found that the account security was breached by no fault
of the Customer, the account will be deleted and a new one created at no
additional charge.
High Forest Net Solutions reserves the right to monitor Customer account
activities when it is necessary to determine whether or not the account
is being used in violation of the conditions of use.
Offensive or Adult Materials
High Forest Net Solutions exercises no control over the content of
materials accessed through High Forest Net Solutions. Some materials located
on the Internet may be offensive or adult in nature. Customers less than
18 years of age must have a parent or legal guardian co-sign this agreement,
verifying that the parent or legal guardian understands that Customer will
have access to such materials and accepts responsibility for monitoring
and/or controlling such access.
Warranties
High Forest Net Solutions makes no warranties of any kind, whether
expressed or implied, for its services. High Forest Net Solutions specifically
disclaims any implied warranties of merchant ability or fitness for any
particular purpose. High Forest Net Solutions will not be responsible for
any losses or damages resulting from delays, non deliveries, misdeliveries,
service interruption, or Customer's errors or omissions. High Forest Net
Solutions will not under any circumstances be responsible for consequential
damages.
Jurisdiction
The validity, construction and performance of this agreement shall
be governed by the laws of the State of Tennessee.
Severability
If any provision of this agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this agreement
will remain in full force and effect.
Effective date
This agreement shall become effective when Customer Internet access
is enabled.