Terms of Service

1. Parties Southeast Voice & Data ("The Company") is an Internet Service Provider and a party to this Agreement. The person accessing The Company services (herein referred to as "you") is the other party to this Agreement.

2. Agreement: Change in Terms By accessing The Company services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms, related to use of the service, which may be published via The Company services while you are a user of The Company services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact The Company immediately so that we may close your account.

3. Limitation of Liability and Indemnity You agree that The Company will not be liable to you for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of The Company system or any of the data or other material transmitted through or residing on The Company system, even if The Company has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify The Company and hold The Company harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you or any use by you of The Company services which leads wholly or partially to claims against The Company or The Company system by you, by another customer or by any other person or entity. Without limiting the generality of the above paragraph, you further acknowledge and agree that:

· No Warranties: No Responsibility The Company exercises no control whatsoever over the content of the information passing through its Internet connection. The Company makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. The Company disclaims any warranty of merchantability or fitness for any particular purpose. Use of any information or data obtained via The Company is at your own risk. The Company bears no responsibility for the accuracy or quality of information obtained through its services. You are solely responsible for any telephone company charges incurred as a result of using The Company services including but not limited to any/all local and long distance charges.

· Minors: Obscenity You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that The Company is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the internet through your The Company account.

· Use Restricted to Lawful Purposes: Disclosure of Member Information You agree that you will only use The Company services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. federal, U.S. State, or foreign law. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, or fraudulent or material protected by trade secret. The Company has no obligation to monitor the service but may do so and may disclose information regarding your use of the service to satisfy laws, regulations or governmental requests; to operate the service properly; and, to protect itself and its members. However, The Company will not disclose member information to outside persons or entities for the purpose of soliciting The Company members.

· Other Networks: Access and Cancellation at Southeast Voice & DataDiscretion You agree to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed by you through The Company. The Company reserves the right to refuse service to anyone. The Company further reserves the right to deny access to, or close, any account(s) which, in The Company sole opinion, is (are) causing, or may cause, harm to The Company server or to other systems. The Company will make reasonable effort to notify any user of The Company action, but is not bound by this agreement to do so.

· Account Usage When you sign this Agreement and pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to log in, and only using one of The Company's modems at a time. Business accounts allow multiple individuals within an organization to access The Company, but only one at a time and only on one modem or TCP/IP session.

· CPU Usage Programs used to emulate a TCP/IP connection from within a shell account are prohibited.

· Modem Usage Individual dial-in accounts are for personal, non-transferable, casual use. The Company does not meter usage of shared resources such as dial-in lines and modem connections. However, you agree not to use shared resources to such as degree that such use adversely impacts the availability of the network for other users. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that The Company may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat idle timeout.

· Disk Usage You agree that storage of user data will be done within the user's assigned home directory, or as assigned by The Company staff. You agree not to use other disk space, except for The Company system programs making temporary use of the system's public file system areas.

· Mail Usage You agree that you will not send bulk mail to more than one hundred (100) users nor unsolicited commercial mail to multiple recipients or use your The Company account or web pages as a return address for unsolicited commercial mail originated elsewhere.

· Usenet Usage You agree not to make commercial postings to newsgroups the charter of which does not specifically allow commercial postings, or postings which are directed to either inappropriate, unrelated, or more than twenty (20) groups or use your The Company account or web pages as a return address for such postings originated elsewhere. Should violation of this provision require corrective action by The Company technicians, you agree to pay all costs incurred (minimum $1,000) in mitigating any harmful effects.

· System Abuse Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour.

· Billing Policies You agree that The Company may change its rates and otherwise modify any terms and conditions of this Agreement by notifying via email 30 days in advance of the effective date of such changes. You agree that all equipment supplied by Southeast Voice & Datawill be returned or you will be liable for applicable unreturned equipment fees. Until you notify us to cancel your account, you agree that any new terms and conditions will supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this Agreement and all order forms submitted. You agree to notify The Company via email to billing@ncisp.net, postal mail, or fax of any changes to your address or telephone number. Service is invoiced in advance of applicable term. You agree to pay service charges until the end of the applicable term in which you request cancellation. Written notification via email to billing@ncisp.net, postal mail, or fax of cancellation must be received at least thirty days prior to your applicable term, with the term date being the day of the month you signed up, in order to avoid charges in full for the next applicable term. Upon such notification, The Company agrees to close your account at the end of the applicable term. The Company will not refund amounts previously paid. All accounts will continue to be billed until a written notice of cancellations is received, whether or not the account is actively used. Acceptable billing methods include; automatic credit card debiting, or billing in advance by postal mail. If billing in advance is chosen, payment is due 30 days from the date of invoice. If payment is not received within thirty days of past due notice will be mailed by postal mail. If payment is not received within 10 days of the notice the account will be temporarily deactivated for up to thirty days, and a $10 reactivations fee will apply to have the account reactivated. If after thirty days of suspension, payment is still not received the account will be deleted including all stored email. If your check is returned to The Company unpaid, you agree to pay The Company reasonable collections expenses, including attorney and collection agency fees.

· Shipping Method Equipment provided by The Company for use with our services is shipped via United Parcel Sevice (UPS), to be delivered on or before the first date service is to commence. Type of shipping (i.e., Overnight, Two-Day, Groound, etc.) will be determined by the length of time necessary to ensure delivery on or before the date service is to commence. Additional equipment purchased by the user will be shipped upon arrival at our facility from vendor. Additional equipment purchased by user type of shipment (i.e., Overnight, Two-Day, Groound, etc.) will be based on the stated needs of the user at the time of purchase.

· Return Policy All services are sold with a thirty-day satisfaction guarantee. If the user decides that the service is not satisfactory for any reason within the first thirty days of commencement of service, as long as all equipment is returned (at user expense), a full refund will be issued upon our receipt of equipment. If The Company did not provide equipment, refund will be issued within thirty-days of receipt of cancellation.

· Information Security Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

· Choice of Law You and The Company agree that the law of the State of North Carlolina, U.S.A. will apply to all matters relating to this Agreement and to The Company services. In addition, you and The Company agree and consent that the courts of Johnston, North Caroina, U.S.A., will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided he

· Rights not Waived Failure by either you or The Company to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.

· Partial Invalidity If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.

· Entire Agreement It is expressly understood that there are no oral agreements or understandings between you and The Company which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via The Company service, constitutes the entire agreement between the parties.