This agreement represents the complete agreement and understanding between Tennessee E- Traders and Customer and supersedes any other written or oral agreement. Upon notice published on-line,Tennessee E- Traders, may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.
Tennessee E- Traders will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. Tennessee E- Traders services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Tennessee E-Traders. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the world-wide computer network known as the Internet
This agreement shall remain in effect until Customer terminates
his/her account or Tennessee E- Traders cancels Customer's account. Tennessee
E- Traders may occasionally require new registration and account information
by Customer to continue this service. In addition, Customer shall notify Tennessee
E- Traders in writing or by e-mail of any changes in the account information,
such as address or phone number. Tennessee E- Traders also requires updated credit
card information from those customers choosing this method of payment one month
prior to the card expiration date. We strongly recommend you send this information
by mail.
All accounts described below are for personal, non-transferable access. Note
that signing on with more than one concurrent user session through our modem
pool is explicitly prohibited, as is lending or giving your account password
to others. EACH INDIVIDUAL PERSON WHO USES Tennessee E- Traders MUST HAVE THEIR
OWN ACCOUNT. This is to protect the account holder
Tennessee E- Traders reserves the right to change the terms and conditions by
notifying Customer in writing or by email at least 30 days in advance of the
effective date of the change. Use by the Customer after the effective date constitutes
acceptance of the new terms and conditions. If the customer does not agree to
the new terms and conditions, Customer may cancel this agreement at any time
by giving Tennessee E- Traders proper written notice in accordance with the terms
and conditions stated herein. Tennessee E- Traders also reserves the right to
terminate an account at any time for any reason. Customer will receive a refund
for any prepaid but unused time.
Tennessee E- Traders will bill Customer monthly subscription
and connection fees as set forth in Tennessee E- Traders current rate schedule.
This schedule may be modified by Tennessee E- Traders upon 30 days notice in
writing or by email to Customer.
Tennessee E- Traders will enable Customer's Internet access account during the
first 10 days until the first months usage and set-up fees are paid and the Tennessee
E- Traders Service Contract is received from Customer. It must be signed and
dated by Customer and by Customers' parent or legal guardian if Customer is under
18 years of age.
Tennessee E- Traders does not recommend sending cash through the mail; we are
not responsible for the loss of your funds.
If you use a credit card your subscription will automatically be charged to your
credit card on a monthly basis on the first day of each month until Tennessee
E- Traders is notified in writing of your request to cancel service. We also
accept Checks and money orders as well as purchase orders from qualified firms.
The Tennessee E- Traders accounting period is one month and the accounting cycle
begins on the first day of usage. The initial account billing will cover the
month for which the account is established. The Customer must notify Tennessee
E- Traders at least 15 working days before the next payment is due if Customer
wishes to change the method of payment. Customer must notify Tennessee E- Traders
at least 10 days before the next payment is due if Customer wishes to change
type of account.
Service payments will be submitted in advance of receiving services. Delinquent
accounts are those that remain unpaid on the 10th day of the accounting cycle.
All delinquent accounts are subject to a $15.00 late fee, and will also be subject
to disconnect there will be a $15.00 reconnect fee due upon restoral of service.
If an account is delinquent for 30 days Tennessee E- Traders reserves the right
to delete the account and all associated files. Once deleted, all record and
files in your account are never accessible or recoverable. There is a $25.00
service charge for each returned check.
Termination requests for Tennessee E- Traders accounts must be received in writing
via email, or postal service at Tennessee E- Traders 201 W. Commerce Lewisburg
Tn. 37091 main office. Accounts will be terminated within 5 working days after
the receipt of such requests.
You are responsible for remitting payment to Tennessee E- Traders before the
next billing cycle to extend your subscription. Tennessee E- Traders will invoice
all unpaid accounts paid by a means other than credit card on the 1st day of
the billing cycle. The fee for invoicing is one dollar per month(if you pay your
account before the invoices are sent you will not be charged this fee). Failure
to recieve this invoice does not relieve your responibility to pay Note that
if your account expires due to non-payment, it will be held inactive for 30 days;
if you renew before that time, your files and any incoming mail will remain intact,
BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of
your payment. That is, if your account expires on March 11th, and we receive
payment on March 30th for one additional month, your new expiration date will
be April 11, NOT April 30.
If you wish us to archive files to floppy disk when your account expires, you
must deliver to us within 30 days the media necessary (sufficient floppy disks
and a $20.00 processing charge). Tennessee E- Traders will archive the files,
including your mailbox, and return them to you via US Post. Note that we must
RECEIVE the media, payment and request prior to the 30 day period or we will
have automatically deleted your account -- making recovery of the data impossible.
If your account is about to expire and you do not intend to renew we offer a
mail forwarding service where we will forward your email to your new account
for 30 days. You must have the consent of the system administrators at the new
forwarded site before we will install the forwarding address. Note that only
mail which arrives after the forwarding is installed will be sent onward to you.
There is a no charge for this service as long as your account is in good standing
at the time of request, otherwise, mail will be returned to sender as undelivered,
address unknown.
Customer is responsible for all fees up to the date of termination of the service,
except where Tennessee E- Traders is unable to provide services under this agreement
through its own negligence.
Customer is resposible for any long distance charges by your telephone company
it is your responsibility to make sure you are using a local number Tennessee
E- Traders has no control over telephone company billing policies
Customers using Tennessee E- Traders to access private networks such as webtv,
aol, etc are responsible for charges from those companies for their respective
services Tennessee E- Traders has no control over billing policies of other companies.
Tennessee E- Traders, Email, Internet PPP/SLIP, and Dedicated Dial-in accounts are for individual users, unless prior written arrangement are made, and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. Only one login session per account is allowed at any time. Customer acknowledges that Tennessee E- Traders may terminate the account without notice if the customer does not comply. Customer agrees not to use any Tennessee E- Traders services to obtain the passwords of customers on Tennessee E- Traders or other systems. Customer agrees not to use Tennessee E- Traders services to make unauthorized attempts to access the systems and networks of others.
Customer agrees not to use Tennessee E- Traders services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.
Customer agrees to: Use the services provided by Tennessee E- Traders only as permitted by applicable local, state, and federal laws. Not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming). Refrain from mass, unsolicited emailings. Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising. Respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above. Abide by Tennessee E- Traders interpretation of the above. Tennessee E- Traders technical staff are available for assisting the Customer with the interpretation or application of any of these rules.
Any use of Tennessee E- Traders system resources that disrupts
the normal use of the system for other Tennessee E- Traders customers is considered
to be abuse of system resources and is grounds for administrative intervention.
Some examples of system abuse include spawning dozens of processes, consuming
excessive amounts of memory or CPU for long periods of time, and staying attached
to modems while not really "active" on the line.
Depending on the nature and the severity of the abuse, the user may receive an
email warning, have their processes halted, or have their account suspended by
Tennessee E- Traders technical support. If the misuse is unintentional, the suspension
may be rescinded following discussion with Tennessee E- Traders technical support.
If the misuse is intentional, the suspension may be rescinded at the discretion
of the Tennessee E- Traders management and may require the payment of a service
re-connection charge. Occasionally, unintentional misuse is misclassified as
intentional misuse. Customers who believe their activity has been misclassified
may appeal to the Tennessee E- Traders management.
Violations of the Tennessee E- Traders conditions of use are
unethical and may in some cases be criminal offenses. You are asked to report
to Tennessee E- Traders any information you may have concerning instances in
which the conditions of use have been or are being violated. When Tennessee E-
Traders becomes aware of possible violations, we will initiate an investigation.
At the same time, in order to prevent further possible unauthorized activity,
Tennessee E- Traders may suspend access to services to the individual account
in question. This is done to protect the account owner in case the account security
has been compromised. Confirmation of violations may result in cancellation of
the individual account and/or criminal prosecution. The account suspension may
be rescinded at the discretion of the Tennessee E- Traders management following
payment of a re-connection charge. If it is found that the account security was
breached by no fault of the Customer, the account will be deleted and a new one
created at no additional charge.
Tennessee E- Traders reserves the right to monitor Customer account activities
when it is necessary to determine whether or not the account is be used in violation
the conditions of use.
Tennessee E- Traders exercises no control over the content of materials accessed through Tennessee E- Traders. Some materials located on the Internet may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.
Tennessee E- Traders makes no warranties of any kind, whether expressed or implied, for its services. Tennessee E- Traders specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Tennessee E- Traders will not be responsible for any losses or damages resulting from delays, non deliveries, misdeliveries, service interruption, or Customer's errors or omissions. Tennessee E- Traders will not under any circumstances be responsible for consequential damages.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Tennessee.
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
This agreement shall become effective when Customer Internet
access is enabled.