Terms of Service and Acceptable Use
Terms of Service and Acceptable Use Policy
- Pecan Internet Services Inc. ~ agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy) and/or TOS (Terms of Service). This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, the county of Ft Bend applicable to contracts enforceable in that state. Venue will be Ft. Bend County, Texas.
- Use of Pecan Internet Services Inc. services constitutes acceptance and agreement to (Acceptable Use Policy) and (Terms of Service). Subscriber understands that changes to these agreements by Pecan Internet Services Inc. shall not be grounds for early contract termination or non-payment.
IMPORTANT NOTICE: All Payments To Pecan Internet Services Inc Are Non-Refundable Pecan Internet Services Inc reserves the right to change the rates and otherwise modify these Terms and Conditions at anytime notifying customer 30 days prior to changes. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
- Service is automatically renewed until cancelled. For your privacy and protection, all requests for cancellation must be made by the owner of the account to Pecan Internet Services Inc. Cancellation requests must be received in writing, before the next billing period. Cancellation will be effective at the end of the then current billing period. If your computer stops working or if it is in for repairs you must inform Pecan Internet Services Inc before your service will be discontinued. Cancellation by writing must be mailed to Pecan Internet Services Inc, P.O. Box 684, Fulshear, Texas 77441. If you wish to cancel by phone, call 281-272-3522.
- All invoices are due and payable In Full upon receipt. Accounts not paid In Full by the 10th of the billing month will result in service interruption and a late fee of $3.00. All new accounts will be prepaid and the following month will be pro- rated from the time your equipment was installed. If you do not receive an invoice by the 12th of the month. Please contact our office so that we can forward it to you via your email account or send us an email to Pecaninternet@yahoo.com. Accounting’s hours: Mon.-Fri. 9:00 a.m. 5:00 p.m. We are closed on Holidays. Pecan Internet Services Inc. will provide you with account information needed to remit payment prior to any cut off dates or late fee assessments. If payment is returned unpaid or rejected by the bank, your service will be interrupted and you will be billed a $25.00 returned fee. Credit cards that are declined for any reason are subject to a $1.25 declination fee. Pecan Internet Services Inc. may temporarily disconnect service upon non-receipt of payment by Subscriber if charges are not paid when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect fee. Accounts that are not collectable by Pecan Internet Services Inc. will be turned over to an outside collection agency and/or attorney for collection. If your account is turned over for collection, you will pay Pecan Internet Services Inc. a “Processing and Collection Fee” of not less than $40 nor more than $100 and/or any accrued attorney fees. You must follow the proper procedure If you desire to cancel your account. If you dispute a charge to your credit card issuer that, in Pecan Internet Services Inc.’s sole discretion is valid under the provisions of the TOS and /or AUP, you agree to pay Pecan Internet Services Inc an “Administrative Fee” of not less than $50 and not more than $150. All payments to Pecan Internet Services Inc are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
- A waiver by Pecan Internet Services, Inc of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of Pecan Internet Services Inc. Pecan Internet Services Inc. may assign Agreement at anytime without consent from or notice to Subscriber.
- Individual accounts are for the individual account holder and his/her immediate family in the same household, and it is prohibited to allow any other person to know the password and/or use the account. Multiple logins of the same username/id at the same time are prohibited. Accounts are sold on a single log-in and cannot be accessed simultaneously by multiple users using the same account username.
- Pecan Internet Services Inc. has no warranties of any kind, whether expressed or implied, for the service it is providing. Pecan Internet Services Inc. also disclaims any warranty of merchant ability or fitness for a particular purpose. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Pecan Internet Services Inc. and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Pecan Internet Services Inc. shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Pecan Internet Services Inc. Subscriber further acknowledges that Pecan Internet Services Inc.’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Pecan Internet Services Inc. be liable for any special or consequential damages, loss or injury. This includes but is not limited to, loss of data resulting from delays, non deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via the Pecan Internet Services Inc. service is at your own risk. Pecan Internet Services Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its service.
- Pecan Internet Services Inc. prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Pecan Internet Services Inc. may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. Pecan Internet Services Inc. may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Pecan Internet Services Inc. from any claims resulting from your use of the service which damages you or another party.
- Any access to other networks through Pecan Internet Services Inc. must comply with the rules appropriate for that other network. Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Pecan Internet Services Inc. or of any computer system or network that is accessed via the Pecan Internet Services Inc. service, will result in the immediate suspension of services and Pecan Internet Services Inc. will report the unauthorized use to the appropriate authority. These unauthorized activities include, but are not limited to guessing or using passwords other than your own, accessing information that doesn’t have public access per missions, and accessing any computer system on which you or the public are not welcome.
- No unauthorized processes are allowed. Any program or activity that, in the opinion of management, could cause or is causing difficulty for other users, Pecan Internet Services Inc., its employees, or the Internet community, may be interrupted, removed, and/or banned.
- Your connection to the Internet is private and as a result we cannot control the nature of the material that you may encounter at some point. The World Wide Web, Usenet, and IRC chat areas are electronic virtual communities, which do not censor the content delivered and/or communicated through their forums. With the use of your account on the Internet, you will have access to and you will at some time or another be exposed to “Free Speech” that you may find offensive. “Free Speech” may include sexually explicit pictures and/or documents, pro-religious and anti-religious debate, racially offensive speech, and may other possibly graphic and/or offensive documents, pictures, etc. Pecan Internet Services Inc. expressly disclaims liability for any harm resulting from encountering such or similar material.
- Pecan Internet Services Inc., provides technical support to our subscribers Monday.~Friday. 9:00 a.m. 7:00 p.m. Sat. 9:00 p.m. 3:00 p.m. Closed on Holidays . We limit our technical support to our area of expertise. We will install the equipment necessary to provide your internet service. If you have issuers regarding your operating system or setting up a modem we can have our computer technical contact you. These fees will be payable to the technician.
- Pecan Internet Services Inc. makes all reasonable efforts to protect the Subscriber’s privacy and will not disclose any information obtained by reading private communications. If Pecan Internet Services Inc. observes evidence of illegal activity being conducted through its facilities and systems, Pecan Internet Services Inc. will take reasonable measures to stop it, notifying the appropriate law enforcement agency. Pecan Internet Services Inc. will not disclose any such information unless required, pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.
- Pecan Internet Services Inc. does not share ANY information that our clients give us, except for legitimate requests by law enforcement officials. Pecan Internet Services Inc. is financially supported by service fees paid by its Customers. Pecan Internet Services Inc. does not collect information, of any sort, on its Client Users for resale to third parties. However, be advised that other web site locations on the Internet may capture information about you through various technical functions such as “cookies” or “spyware”. Pecan Internet Services Inc. is not responsible for the actions of these other web sites. Additionally, Pecan Internet Services Inc. does not resell its Client User list, commonly referred to as a “subscriber list.” From time to time, Pecan Internet Services Inc. may use this list, for its own purposes, in contacting its Client Users.
- Pecan Internet Services Inc. reserves the right to refuse service to anyone it deems or suspects a detriment to Internet relations, other customers, service to other customers, the company, and/or its employees. Management also reserves the right to refuse and or terminate service to individuals who are not willing to follow Pecan Internet Services Inc. Acceptable Use Policy and Terms of Service policies and guidelines. If you have any further questions regarding this policy an term, please feel free to email us at Pecaninternet@yahoo.com