TexasDSL Terms of Service.

TexasDSL Use Policy

In this Agreement, TexasDSL Internet Services, a division of Trip.net, Inc., is referred to as ‘we’, ‘us’, ‘our’ and the like. You, the Customer is referred to as ‘you’, ‘your’, ‘yours’, ‘user’, ‘their’ and the like.

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account. If you do not wish to be bound by the below terms and conditions of using our service, then you should not apply for service or you should cancel the service immediately.

Warranty Disclaimer

No warranties are made regarding the service. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. Neither we nor any of our affiliates, our licensees, our contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor do we make any warranty as to the results from use of the Service. No advice or information given by us, our affiliates, licensees, contractors or their respective employees shall create a warranty or change this Agreement in any manner whatsoever.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to or using our service. Under no circumstance shall we be held liable for your actions while you are using the service.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from User's use or inability to use the Service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this Agreement, our 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 ours in operating the Service, User's sole and exclusive remedy is to discontinue using the Service and to cancel their account. Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold us, our affiliates, licensees, contractors and 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 us, our licensees, affiliates, contractors, and 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 us in writing of any claim of which it is obligated under this indemnity. We shall have the right to assume the defense of any such claim. We and User shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to us 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. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not:

Send SPAM, or bulk email when dialed into the network; Post offensive, threatening, or SPAM, when using newsgroups; Post or transmit viruses or any harmful component to others; Transmit anything that is protected by copyright without permission; Attempt to violate the security of any computer network; Engage in any illegal activity; in any way, restrict or inhibit any other user from using and enjoying the Internet or our Service.

Information Requests

We have no obligation to monitor the Service. However, User agrees that we have 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 our self or our subscribers. We will not intentionally monitor or disclose any private E-mail message unless requested or required by law or an entity of a governing authority. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. We reserve the right to suspend access to the Service for User's account. The account's suspension may be rescinded within our sole and absolute discretion following payment of a reconnection charge, to be determined by us in our sole and absolute discretion.

SERVICE

Trip.net will provide you with dedicated access to the Internet, subject to the terms and conditions set forth herein (the “Service”). Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local service provider’s central office, internet congestion, upload and download speed of your destination server. Service is provided in conjunction with a circuit provider, which may be your local phone company. The circuit provider retains the right to cancel the service before or after installation at their sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service.

EQUIPMENT

We will provide you with the free use of a modem (California use tax is required in California). Subscriber must return to us the complete modem kit in a useable condition at Subscriber’s expense within thirty (30) days of termination of the Service by Subscriber or by us. You must pay ninety-nine dollars and ninety cents ($99.90) plus applicable taxes to purchase any modem You do not return to us in working condition, in original packaging with all parts within such thirty (30) day period.

SUBSCRIBER SUPPLIED MODEM

If you supply your own modem, you assume the risk of service incompatibility. Incompatible Subscriber modems or other Subscriber equipment shall not relieve you from any of your obligations under this Agreement while troubleshooting defective or incompatible equipment even if your Service is down during such periods of troubleshooting.

Email Services

User understands that Port 25 (SMTP) is blocked for all outgoing mail servers except our own; User may not send to more than twenty-five recipients at a time; User may not send more than one hundred emails per hour; User may not send from an email address that is not their own; User may not send an email that is over ten MB in size; User may not forge message headers to hide the origin of their email; Provider may block certain attachment types used in transmitting viruses; User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

INSTALLATION

Unless otherwise requested by you, the first available installation date will be provided. Any installation date provided to you is only an estimate and is no way a guaranteed installation date. You understand and agree that circumstances may arise which delay your estimated installation date and any such delay will not be considered a breach of this Agreement by us. We do not provide nor are we responsible for any special equipment including but not limited to a POTS splitter or multi-line phone filters.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials. User agrees that the violation of any terms of this Agreement will result in immediate termination of Services. Furthermore, violation of any of these terms will result in the immediate penalty of $200 per violation. We reserve the right to charge User’s credit card, debit card, checking account or to invoice User for any fees or penalties. User agrees to be responsible for a fee of $200 per violation of this Use Policy.

Right to Cancel

We reserve the right to cancel your Service for any reason without prior notice. In the event that a User's service is cancelled for a reason outside of this Use Policy, we will refund to the User the unused portion of that month's service at the time of cancellation. We will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month. User must notify us in writing or e-mail to cancel Service. CANCELLATION REQUESTS MUST INCLUDE NAME AND PHONE NUMBER, SO THAT WE MAY LOCATE YOUR ACCOUNT. ACCOUNT IS NOT CANCELED UNTIL USER HAS RECEIVED AN EMAIL CONFIRMATION OF THE CANCELLATION, FROM US. No refunds are issued for collected funds. If payment was by check or checking account draft, any refund shall be subject to a five dollar handling charge. User must keep the email confirmation for twelve months after cancellation, as proof of cancellation.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We 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, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We cannot and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Billing Policies

All monies are in US Funds. CHARGES BEGIN THE DAY TEXASDSL EMAILS (OR USMAILs) YOU YOUR ACCOUNT INFORMATION, REGARDLESS OF INSTALLATION AND/OR ACTUAL USAGE OF SERVICE. Returned checks are subject to a collection fee. Internet service will be suspended for returned checks until such time as the check is made good. Any accounts deactivated due to non-payment or that are past due are subject to a fee of five dollars. Collected funds are considered earned at time of collection and no refunds are issued. Monthly rates are subject to change with fifteen days notice. All charges are considered valid unless disputed in writing within sixty-days of the billing date. Adjustments will not be made for charges that are more than sixty days old. Failure to use the account does not relieve the user of payment obligations. By providing us with credit/debit card information or checking account information, you agree to allow us to charge or draft the periodic fee from your account each month. Monthly charges are applied during the last seven days of the month for the following month's service. Members may pay a discounted annual fee. If the member pays annually and then cancels prior to the end of the twelve months, the refund, if any is calculated at the regular monthly rate plus a five-dollar processing fee. Any billing disputes done through your bank or credit card company will result in the immediate termination of your account with us. Direct all billing disputes to our billing department. We will not be responsible for non-sufficient funds fees imposed by Your banking institution under any circumstances. You agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against Trip.net by third party providers that it passes on to you. All chargebacks are invalid unless You send us a certified letter giving us at least thirty days to respond. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. The current Supplier Surcharge Recovery is one dollar and ninety-three cents ($1.93) for all clients. Texas Residents are also subject to an Internet Tax on all monthly services of eight and three-tenths percent (8.3%) after the first twenty-five dollars ($25.00). Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us 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 us, and we 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.

Miscellaneous

All times are GMT. 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. Under no circumstances shall we be liable for any charges whatsoever resulting from the use of our service. User agrees to notify us if User moves or otherwise changes his or her mailing address or phone number, and to provide your truthful name, postal address and telephone number the User supplies to us. 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. Our 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. All correspondence and contents of that correspondence between Us and You, be it by newsletter, phone, email or any other method, is considered private and confidential and may not be disclosed by You to any third party for any reason whatsoever. We may modify this Agreement from time to time by updating this page on our website, and User's continued use of the Service 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 and cancel Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law provisions. Any cause of action User may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. We 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 our reasonable control. 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 us as the defendant, shall be proper only in a venue determined solely by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and us with respect to the Service.