TXOL Internet Terms of Use
Click here for the Highspeed Wireless Terms of Use

1.0 BILLING

1.1 In Consideration of services rendered and to be rendered, the Customer guarantees the payment of all charges incurred by the Customer(s) for services provided by TXOL Internet in accordance with the terms and conditions contained in the applicable tariffs on file with the FCC or where appropriate, the regulatory agency having jurisdiction.

1.2 The Customer further agrees that said account and all future charges will be paid on or before the 1st day of each month excluding pre-approved agreements made by the Customer and TXOL Internet. Charges are rendered on the 20th day of each month and are considered delinquent after 30 days and may be assessed a late charge of 1.5% per month or the maximum allowed by state usury laws not to exceed 1.5% per month. A $5.00 Administration Late Fee will be added to any account not paid in full by the 5th of said month. A delinquent account may be temporarily suspended from use until the charges have been paid. Turn up charges may apply if account is in suspension.

1.3 In case of errors or questions about a bill, the Customer is to refer queries as soon as possible to our corporate offices in Eastland, Texas. The Customer must respond no later than 10 days from the billing date of the first bill on which the problem or error appeared. After this time, TXOL Internet will consider the bill to be correct.

1.4 If the account becomes delinquent and it becomes necessary to forward this account to an attorney/collection agency for collection, the Customer agrees to pay an attorney's/collection agency fee for the handling of same at a fixed rate of 25% of the amount due with a minimum of $75 (Seventy-five Dollars) plus all other costs for collection including court costs.

2.0 TERMINATION OF SERVICE

2.1 TXOL Internet reserves the right to terminate all services to any customer with an account, should any such account become delinquent and are not paid within 30 days of any billing due date. Accounts include but are not limited to parent, subsidiary, and affiliated corporations; individuals and partnerships; individuals and sole proprietorships; and any other entities to which there is any direct or indirect connection between the account and the said TXOL Internet..

2.2 Customer understands that TXOL Internet reserves the right to terminate any account for any reason and at any time. Customer's sole remedy is to receive a refund for prepaid but unused services. TXOL Internet also as listed below, can discontinue service to any of its customer

3.0 CANCELLATION OF SERVICE

3.1 The Customer additionally agrees to provide TXOL Internet with 30 days written notice of cancellation at its corporate address at P O Box 1024 / 925 E. Main Eastland, Texas 76448. Any current charges will remain due regardless of cancellation.

4.0 PASSWORD

4.1 The Customer will be provided with or will select an identification code (username) and confidential password for customer's exclusive use. The customer account is intended to be a single-user account. Customer agrees to pay and be responsible for, upon receipt of each monthly statement, all usage of this identification code.

4.2 The Customer understands that, while TXOL Internet makes every effort to maintain the security of its machines and passwords, TXOL Internet is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is TXOL Internet liable for the actions taken by a compromised account.

4.3 The Customer understands that TXOL Internet does not maintain a record of existing passwords. If the Customer forgets his/her password, the only recourse will be for TXOL Internet to issue a new password upon verification of the caller's identity.

5.0 USING ACCOUNT FOR ILLEGAL PURPOSES

5.1 TXOL Internet services and accounts may only be used for lawful purposes. Use of an TXOL Internet account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify TXOL Internet against any claims or charges that arise from Customer's use of TXOL Internet services and/or accounts.

5.2 Use of an TXOL Internet account to gain passwords, encryption codes, or other security information of TXOL Internet or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of an TXOL Internet account to break into an TXOL Internet or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.

6.0 ELECTRONIC MAIL

6.1 While TXOL Internet does not in any way monitor the content of any Customer's e-mail, Usenet postings, downloads, etc., the Customer acknowledges that TXOL Internet has the right to monitor user activity if said activity is adversely impacting TXOL Internet services and/or another site. TXOL Internet will not, however, disclose user activity to another site or entity unless required by court order, subpoena, or other legal force, unless said activity may adversely impact services and/or another site - that can supply proven methods of such activity.

6.2 TXOL Internet reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that TXOL Internet has the right to kill any mail processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, TXOL Internet is the sole judge of what is adverse and penalty charges may apply.

7.0 SECURITY

7.1 Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While TXOL Internet respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that TXOL Internet can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at TXOL Internet or on any network.

8.0 SERVICE QUALITY

8.1 TXOL Internet makes no warranty of its service and availability. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees are made as to any account, product, or service offered by TXOL Internet. In addition, TXOL Internet makes no warranty of Customer transmissions, connections, downloads, etc. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by TXOL Internet or a Customer, and agrees that TXOL Internet shall not be liable for any or all of same.

8.2 The Customer agrees to indemnify and hold TXOL Internet wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of TXOL Internet, with the exception of willful misconduct or omissions of TXOL Internet.

9.0 NETIQUETTE

9.1 Customer agrees to abide by the generally accepted rules of netiquette and the acceptable use policies of any networks or services accessed while using TXOL Internet. It is the responsibility of the Customer to familiarize himself/herself with these rules if he or she is not already cognizant of them. Violations of said rules and policies may be grounds for termination of Customer's account with TXOL Internet, with Customer agreeing to abide by TXOL Internet's interpretation of the above.

9.2 Netiquette violations that may result in the termination of Customer's account include, but are not limited to, the following:

a. Using an TXOL Internet mail server to 'mail bomb' users/sites on the net. Mail bombing in this sense refers to sending very large and/or very many messages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.

b. Sending unsolicited e-mail which provoke complaints from the recipient(s).

c. Posting a single article or substantially similar articles to an excessive number of newsgroups (e.g., more than 10) which provoke complaints.

d. Continued harassment of other users, whether TXOL Internet or not, after being asked to stop the correspondence by both the recipient and TXOL Internet.

e. Sending mass e-mail (e.g., more than 20 recipients) that provokes complaints to TXOL Internet, or sending such mail of such a large volume or size that it adversely affects an TXOL Internet mail server.

f. Posting and/or e-mailing pyramid schemes and/or chain letters to any newsgroup, mailing list, or individual.

g. Making repeated off-topic posts that generate complaints to TXOL Internet. While TXOL Internet does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each newsgroup or discussion and will respond to complaints of repeated charter violations.

h. Engaging in any of the above from another provider and referencing a TXOL Internet mail account or WWW page in the message.

i. Running bots or other automated processes on any IRC server, whether said server is run by TXOL Internet or not.

j. Harassing other Internet users, whether by kicking them off a channel, mass messaging, or other means including discussions.

k. Impersonating another user and/or forging header information on e-mail or posts.

l. Using a server of TXOL Internet or another site to exchange, store, and/or facilitate usage of pirated software or software designed to facilitate piracy.

m. Using a server of TXOL Internet to distribute instructions on "hacking" into computer systems, creating viruses, or interfering with telephone services.

10.0 MISCELLANEOUS

10.1 TXOL Internet reserves the right to change this agreement at any time. Notice of change will be posted. By using any TXOL Internet services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.

10.2 By making use of an TXOL Internet account, the Customer certifies to TXOL Internet that he or she is eighteen (18) years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's TXOL Internet account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify TXOL Internet for any claims or charges that arise from said minor's use of service.

10.3 Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that TXOL Internet has no way to limit access to this type of material located on the servers of other providers. Customer understands that TXOL Internet reserves the right to remove from its servers any material that TXOL Internet management deems to be objectionable. Customer will be notified by e-mail at the time the material is removed. Repeated portrayal of objectionable material on TXOL Internet servers will be grounds for termination of the user account.

10.4 The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her TXOL Internet account. The Customer indemnifies TXOL Internet against any and all claims or charges relating to the information Customer can or does access while using his/her TXOL Internet account.

10.5 Personal home page areas may not be used for commercial or organizational purposes. If the user wishes to advertise product(s) or service(s), Web space must be rented. Violations of this policy will result in the customer being charged for the advertising. Commercial and Organizational purposes are defined as being any type of advertising for profit. Non-profit organizations such as public schools, churches, etc. are not included in this definition.

10.6 Customer shall not intentionally allow unauthorized connections to TXOL Internet, unauthorized reselling of TXOL Internet services, or the solicitation of TXOL Internet users to become subscribers of other on-line information services, nor shall Customer in any way duplicate any TXOL Internet materials, advertising, brochures, pamphlets and the like or any other information which is proprietary to TXOL Internet.

10.7 TXOL Internet reserves the right to direct a customer to remove any program, process, or technique from a Web site that causes excessive utilization of TXOL Internet bandwidth or resources.

10.8 TXOL Internet provides a class of dial-up service with unlimited normal usage. Unlimited normal usage does NOT mean unlimited connection. Customer agrees not to provide any public information services over this connection, not to use any automatic or electronic method to avoid inactivity disconnect, and to keep the connection active only when actively using it.

In other words: TXOL Internet offers Dialup Service in likes to a "All You Can Eat" restaurant policy. (e.g.) When you eat, you may eat as much as you like, but you can't stay in the our restaurant after lunch and wait for dinner. You can't sleep here overnight and have breakfast in the morning either. When you are done, you get up and leave.

When you want to use the Internet, you can dial up and use it. Its not charged like a long distance call, and it is not like cable TV. Your monthly bill won't be more if you are logged on each day. But, if you need all day connectivity, you should be using some type of Dedicated Access that we will be happy to discuss with you.

10.9 Should any violations within these Terms of Service require corrective action on the part of TXOL Internet, the Customer will be held liable for all costs associated with such action.