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Terms of Service

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Joi Internet terms and conditions :

Joi Internet

Joi Internet

Note: All your users are bound by this terms of service.
Hawk Communications. ("Joi Internet") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Joi Internet exercises no control whatsoever over the content of the information passing through Joi Internet' system. Use of any information obtained via Joi Internet is at User's risk. Neither Joi Internet nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Joi Internet make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Joi Internet, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Joi Internet NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Joi Internet, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Joi Internet IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Joi Internet' LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Joi Internet in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Joi Internet, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Joi Internet, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Joi Internet in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Joi Internet shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit
User represents to Joi Internet that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Joi Internet has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses

User may not:
Restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, 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 and regulations;
post on webspace provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
Joi Internet has no obligation to monitor the Service. However, User agrees that Joi Internet has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Joi Internet will not intentionally monitor or disclose any private E-mail message unless required by law. Joi Internet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Joi Internet reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Joi Internet following payment of a reconnection charge, to be determined by Joi Internet in its sole and absolute discretion.

Messaging
User agrees to limit their use of the Joi Internet service, specifically regarding the use of Joi Internet'electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Joi Internet service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Joi Internet RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Joi Internet SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Joi Internet SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Joi Internet RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Joi Internet SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Terms of Payment
A credit card User agrees to allow "Joi Internet" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. User's account will be renewed by the plan anniversary. User may cancel the account (see "Right to Cancel") or requesting to not renew its service plan prior to the plan anniversary. A credit card User shall notify Joi Internet of any changes in credit card number or expiration date. If the card is not honored for any reason, Joi Internet will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. Joi Internet will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Joi Internet in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added tom charges for additional Service.
Joi Internet maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Joi Internet utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Joi Internet 'attorneys' fees and costs in the collection of these sums.
Joi Internet reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

7 Day Money Back Guarantee
If you are not completely satisfied with our services within the first 7 days of signing up, you will receive refund of the paid amount for monthly fees - setup fees are non refundable.

Right to Cancel
Joi Internet reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Joi Internet will not refund any shipping, setup, sign up, or handling fees. Cancellations after the first of the month will be charged for that month.
User must notify Joi Internet via e-mail or in writing to cancel Service. Cancellations shall not be honored by Telephone. Fees for any setup, shipping and handling, and monthly service charges placed by Joi Internet are non-refundable after 7 days. There is $200 early termination fee for yearly plans.

No Confidentiality
Information transmitted through Joi Internet and through the Internet in general is not confidential. Joi Internet can not and shall not guarantee privacy or protection of any User. Joi Internet reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Joi Internet.

Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup
Joi Internet does not and will not perform system backups on any User's E-mail account(s). Joi Internet shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Joi Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Joi Internet does not and will not perform system backups on any User's personal web site account(s). Joi Internet shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Joi Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
Joi Internet may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Joi Internet in its sole discretion believes violates any of the terms and conditions in this Agreement. If Joi Internet denies User access to the Service because of such a violation, User shall have not right (1) to access through Joi Internet any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Joi Internet, and Joi Internet shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

SPEED OF SERVICE
Speed rate depends upon the Subscriber's Plan and line capabilities (e.g., loop length, line condition, gauge of copper wire and Phone Company provisioning). The maximum speed for ADSL is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). All Services are provided on an AS IS basis and throughput speeds are not guaranteed.

INSTALLATION
Unless otherwise requested by the Subscriber, the first available installation date will be provided. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that circumstances may arise which delay a Subscribers estimated installation date and any such delay will not be considered a breach of this Agreement by Joi Internet. Payment for your initial month's service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date in order for your setup instructions and IP information to be released to you. If your payment is not received by your turn-on date, you will be responsible for the service fees even though your IP and setup information has not been provided to you. A Subscriber's computer must be equipped with an Ethernet Network Interface (NIC) card for proper DSL operation. Joi Internet does not include a PCI NIC card as part of the modem package.
SELF-INSTALLATION
Self-installation allows the Subscriber to install their DSL equipment. This option provides service to the minimum point of entry ("MPOE") of your phone service. Your MPOE is normally located outside your building. Inside wiring and inside wiring repair is not included with this option. If inside wiring or inside wiring repair is required, you must contract with your circuit provider or other professional for such work at your own cost. Faulty inside wiring is not grounds for cancellation of your contract. Multi-line phones, phone systems, alarm system or special phone configuration may require a professional installation or special multi-line phone filters. Joi Internet does not provide nor is responsible for any special equipment including but not limited to a POTS splitter or multi-line phone filters.

Miscellaneous
Joi Internet reserved the right to change plans terms from time to time and to move users from one plan to another at any times. User agrees to notify Joi Internet if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Joi Internet.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Joi Internet' failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Joi Internet may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Joi Internet shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Joi Internet.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Joi Internet as the defendant, shall be proper only in a venue determined by Joi Internet.
In any action between Joi Internet and User to enforce any of the terms of this Agreement, Joi Internet shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Joi Internet with respect to the Service.

 

 

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