Service Agreement for Internet (TCP/IP) Service

This is an agreement for First Financial Group of Carrollton, Inc.("Service") between the party whose name appears on the agreement and First Financial Group of Carrollton, Inc. In this document, "you" or "your" refers to the individual or entity who signs this agreement and "we" , "us", or "our" refers to First Financial Group of Carrollton, Inc. This Agreement shall take effect when we have approved your request for Service and activated your TCP/IP(Internet) Service. Throughout the Term of this Agreement you agree to provide for yourself the necessary equipment, software, and phone line connection necessary to access and use our Service.
RATES AND CHARGES: For as long as you subscribe to our Service you agree to pay the applicable Service rates for the Service plan you select along with all charges properly billed to your account. Such charges include (but are not limited to) a one-time, non-recurring Set-Up Fee and recurring monthly Service charges, applicable time charges, applicable charges for use of equipment owned and controlled by First Financial Group’s network, applicable electronic mail (e-mail) charges, applicable domain name registration and maintenance charges, applicable dedicated 1-800 charges, applicable late payment charges, auxiliary service charges, applicable tolls and taxes.
WEB HOSTING & SECURITY: If the customer subscribes to our web hosting service, only the customer is responsible for the content of the site AND it's backup. We reserve the right to create our own backups, but do not accept the responsibility of providing backups for the customer's web site. We also reserve the right to remove any content that in our sole judgment would be considered adult content or objectionable. We maintain duplicate web servers for reliability and security and also utilize various security measures to prevent or minimize hacking or intrusion.
LATE CHARGES: Payment is due on the date indicated on the Service bill. Balances by you which remain unpaid on the next billing date shall be considered in default and are subject to a late fee of $10 at our discretion. Accounts in default accrue late charges of one and one-half(1½ %) of the balance due per month, or the highest rate permitted by law, whichever is less.
RATE CHANGES: Service rate charges may change at any time. All such changes shall automatically and without written amendment become part of Agreement. We will provide notice to you of such changes.
DEPOSITS: We may require a deposit as security for payment of Service charge. A deposit is not prepayment for any service. We will pay simple interest on a deposit from the date it is received until it is returned to you or your Service is terminated. We may apply the deposit at any time to any amount overdue and unpaid.
TERMINATION OF SERVICE: You may terminate Service by notifying us of your intention to do so. You are responsible for payment of outstanding charges for the period during which we provide you with Service. Unlawful or interfering use of Service or violation of the ACCEPTABLE AND UNACCEPTABLE USE POLICY will result in termination of this Agreement without notification. We reserve the right to terminate this Agreement if you have made any false statements for purposes of inducing us to extend Services to you. We reserve the right to terminate this agreement for any reason including, but not limited to the termination of our service.
DEFAULT: If you do not pay any charges owed to us when due or if you violate any of the terms of this Agreement, we have the right to discontinue or restrict your service either temporality or permanently. In either case, we shall incur no liability whatsoever. However, before restricting or discontinuing your Service, we will give reasonable notice of our intention. If we refer your account to an attorney or agency for collection, you agree to pay our actual collection costs, including court costs and reasonable attorneys’ fees, unless prohibited by law. An additional $25.00 charge will be imposed for each check returned unpaid.
AVAILABILITY: We will use our best efforts to provide you with quality Service without interruption. Service is subject to transmission limitations beyond our control. Service may be temporarily unavailable or limited because of the capacity limitations of our Internet service provider. Service to any and all customers may be temporarily interrupted or curtailed because of equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service.
LIMITATION OF LIABILITY: Our only liability to you for service interruptions is as follows: In no event shall we be liable for interruptions or delays in transmission, nor for errors or lost data, or for failure to transmit when any such problems are caused by acts of God, fire, war, riots, government authorities, or by other causes beyond our control. We will not be liable for any actual or consequential damages. No credit allowance will be given for interruptions caused by your negligence or by your willful acts, or for interruptions caused by failure of service other than our service, or equipment failure of any kind. If service is ever interrupted for reasons beyond your control aside from your premise equipment, software, or phone malfunction or failure, we will make a credit allowance, at your request, in the form of a pro rata adjustment of the fixed monthly charges we bill you. Interruptions for less than twenty-four (24) hours total duration will not be credited. In no case shall the credit exceed the monthly service charge. This is our complete and only liability to you for service interruption.
CREDIT INVESTIGATION: You hereby authorize First Financial Group of Carrollton, Inc. or its agents to investigate your financial responsibility and credit worthiness. You warrant that all information including financial information, which you have furnished to us was true and correct at the time of delivery. If you are signing the Agreement on behalf of a corporation or other business entity, you warrant that you have the full legal authority to do so.
ACCEPTABLE AND UNACCEPTABLE USE POLICY: Use of TCP/IP Service for purpose of commerce is acceptable. It is not acceptable to resell TCP/IP Service unless you are a member of the Commercial Internet Exchange (CIX) and have a reseller’s agreement with us. It is not acceptable to use TCP/IP Service for purposes which violate any federal law or state law. It is not acceptable to use TCP/IP Service in a manner that is harmful or harassing to others. It is not acceptable to use TCP/IP Service in a manner that disrupts normal network use and service. Such disruption would include the propagation of computer viruses, the violation of personal privacy, and the unauthorized access to protected and private network resources. The use of the system is a privilege which may be revoked by First Financial Group at any time for abusive conduct. Such conduct would include, but not be limited to, the placing of unlawful information on the system, the use of obscene, abusive, or otherwise objectionable language in either public or private messages and unauthorized use of another's account or violation of this Agreement. First Financial Group, Inc. will be the sole arbiter of what constitutes abusive conduct. First Financial Group further reserves the right to review any material stored in files or programs to which all system users have access and will edit or remove any material which First Financial Group, Inc. in its sole discretion believe may be unlawful, obscene, abusive, or otherwise objectionable. Unless a user has purchased a dedicated line service, the use of automatic re-dialers is prohibited. Any attempt by a user to "hold" a line open, thereby preventing other users from access to that line is prohibited and may result in cancellation of service. Effective 11-1-2004, our nation-wide service agreement limits the total usage per user for a 30-day rolling period to 200 hours. Service is not available to individuals under 18 years of age except with parental consent.