Terms and Conditions
Revised and Effective November 1, 2011
1. Service Acceptance & Policy Changes. By applying for and using service(s) provided by Eastern Oregon Net, Inc. (“EONI”) and its affiliates, the User consents to and accepts all terms and conditions listed herein. The User is defined as any person, persons, entity or device accessing or using EONI services. EONI may change our terms and conditions, or policies, at any time and any modification thereof becomes effective immediately, unless stated otherwise, upon posting to EONI’s policy page located on the Internet at http://home.eoni.com/legal. You may terminate your service as allowed in the agreement if you cannot or will not accept any of these conditions. Some EONI services are subject to early termination liability. Use of EONI’s services at any time shall be deemed as User’s acceptance of any and all terms and conditions and additional or supplemental agreements and policies.
2. EONI Policies. Additional EONI agreements and policies may apply to the services accessed by User and may contain additional terms associated with specific EONI services. These agreements are incorporated by reference into this agreement and are available on the Internet at http://home.eoni.com/legal.
3. Content Acceptance. EONI reserves the right, at its sole discretion, to edit, remove, review, or refuse to post or store any information or material in EONI’s information storage and retrieval mechanisms. EONI reserves the right to remove any content, information or material that it deems, in EONI’s sole discretion, to be unacceptable or undesirable. This includes, but is not limited to, the right to edit or refuse to host web pages or web sites that EONI finds to be unacceptable or undesirable. User agrees that personal web space provided with some EONI services is for non-commercial activities only. Personal web space will not be used for advertising commercial activities of any kind, unless written permission has been requested from and granted by EONI.
4. Technical Support. EONI customers whose accounts are in good standing may receive limited, no-fee technical support. Users, whose accounts are not paid to date, are late or in arrears, but whose accounts are not suspended or terminated, are not entitled to technical support. Any former User of a closed or terminated account is not entitled to technical support.
EONI technical support is limited to issues of achieving access to EONI services, including Internet access, electronic mail (email), hosting, and other services provided by EONI. Technical support for other computer related applications or services are NOT included as no-fee support. Support for a local network or wireless network at the User’s premise is NOT included as no-fee support. While at its discretion the support staff may sometimes assist EONI customers with non-connectivity or non-email issues, any such extra service is strictly ‘added value’ service and provision of such service does not obligate EONI to continue to provide such service. EONI explicitly does not guarantee or warrantee the services of any technical support provided by EONI, its agents, its affiliates or its assigns. EONI does not endorse or accept any responsibility for services or support provided by any other entity. Actions leading to failure of EONI services to the User caused by the User or their agent that require repair or resolution by EONI technical services or by other EONI personnel may be subject to additional charges.
Support is only available for computers meeting the minimum hardware and software requirements as described on our web site at:http://home.eoni.com/policies/.
5. Internet Subject Matter. The User is advised, acknowledges and accepts that information, languages, materials and pictures found on the Internet may be adult in nature, inaccurate, inappropriate, offensive or otherwise distasteful, and also that harmful or destructive content, such as (but not limited to) spyware, trojans, viruses, worms and other malware, is prevalent on the Internet. User also accepts that EONI cannot prevent access to these materials or content on the Internet. The User is responsible for all information received or transmitted by the User when accessing EONI services and the User is responsible for any such content so accessed by or stored on the User’s equipment. The User releases EONI from and agrees to indemnify EONI against any and all claims, expenses or losses relating to such content, information or materials described in this paragraph. This indemnification shall survive any termination of User’s services obtained from EONI or termination of this Agreement.
6. Limitation Of Liability And Warranty. Unless otherwise specifically provided to the User in writing, the following conditions and statements in this paragraph apply to User. To the fullest extent permitted by law, all EONI products and services are provided to the User on an “as is” and “as available” basis. Your use of the service is at your sole risk. EONI does not guarantee timely, secure, error-free or uninterrupted service, receipt of material or messages transmitted over or through EONI’s network, the networks of other companies, or via the Internet. Services provided by EONI are provided WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY EONI, ITS AFFILIATES, ITS EMPLOYEES, AGENTS, LICENSORS, PROVIDERS, SUPPLIERS OR THE LIKE SHALL CREATE A WARRANTY. IN NO EVENT WILL EONI BE LIABLE TO THE USER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF EONI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EONI SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE; LOSS OF CLIENTS, CUSTOMERS OR MEMBERS; LOSS OF DATA, EMAIL OR OTHER FILES, OR FAILURE OF EQUIPMENT; LOSS OF GOODWILL; OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. Any cause of action arising out of the provision of EONI products or services shall be instituted within six (6) months of the event, or the shortest period permitted by law, or such cause of action be barred.
7. Indemnification. The User agrees to indemnify EONI and hold harmless EONI from and against any and all lawsuits, claims, damages, liabilities or expenses (including reasonable attorney’s fees in connection with the investigation, defense or settling of any such loss, claim, damage, action or proceeding) relating to or arising out of the User’s use of products or services provided by EONI. This indemnification shall survive any termination of User’s services obtained from EONI or termination of this Agreement.
8. Accounts and Billing Information
a. This Agreement applies to all accounts held by any User. All Users are responsible for the use of their accounts by any person and for ensuring complete compliance with this Agreement by any User of those accounts. Accounts for services with EONI cannot be transferred, assigned or delegated without the prior written approval of EONI. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of EONI, and the permitted assigns of the User. Unless otherwise specifically provided to the User in writing, Services are limited to the User and may not be resold in any manner.
b. Users are responsible for maintaining the confidentiality of their passwords. Users must report immediately to EONI if they believe that their password has been compromised for any reason. Maintaining the confidentiality and privacy of the User login and password by the account User is mandatory for acceptable use of the EONI services. In the event of a breach of security, the User will remain liable for any unauthorized use of EONI services and any costs or damages associated therewith. EONI has no obligation to the User for any such breach of security or effects thereof.
c. Once an account is terminated for any reason, EONI reserves the right to immediately delete all data, files or other information that was stored in your account or on any of EONI’s facilities or services.
d. EONI reserves the right to change its fee structure and to institute new fees, and/or to change the services provided and the terms of those services, at any time and without notice.
e. Users agree and accept that they must notify EONI within 30 days of any change in the User’s registration data which includes: their first name, last name, physical address, postal mailing address, city, state, zip code, home telephone, work telephone, or their primary email address. The primary email address is used by EONI for sending billing notices, service announcements and other communications from EONI to User. EONI email accounts include “@eoni.com” in the email address. EONI has no control over non-EONI email accounts. EONI strongly recommends that User chooses an EONI email account for their primary email address.
f. The EONI accounting cycle begins on the first (1st) day the account is activated. Accounts can be prorated to another billing date if so requested by the User.
g. If EONI does not receive the full amount of User’s account balance within 10 days of the due date, User access to their account may be suspended. If a check, debit charge or credit card charge is returned or refused for any reason, including but not limited to insufficient funds or an expired account, the User account may be suspended immediately. A service charge of $25.00 will be imposed and shall be due and payable prior to reactivation of the account. All account fees must also be received prior to reactivating the account. EONI reserves the right to delay reactivating the account until the User’s check or credit card has cleared payment by the appropriate banking authorities.
h. Users must notify EONI in writing if they wish to terminate services. “In writing” shall mean via US Postal Service, via written notifications delivered directly to EONI’s place of business, or by email if such email is sent with a “return receipt” notification. NO OTHER NOTIFICATION IS CONSIDERED AN OFFICIAL REQUEST FOR CANCELLATION OR TERMINATION OF SERVICE. User remains responsible for all charges for service until such service is officially and properly terminated, whether or not the User is still accessing EONI service. Some EONI services may require advance notification before service can be ended; in other words, service may need a period of time to terminate. User remains responsible for all charges during the period required to terminate service. Notifying EONI to terminate services does not end User’s responsibility for any early termination charges that may apply.
i. Either User or EONI may terminate the account at any time. EONI may terminate any account, without cause or notification to the User, at any time. EONI may terminate sessions at any time, without notice to the User, at EONI’s sole discretion. If User has a service with a term length, any applicable early termination conditions and fees will apply. At no time shall this paragraph waive any responsibility for User to fulfill their responsibilities of termination for any EONI service applicable to the User.
j. If an account is terminated and a refund is due to the User, then the refund will be calculated as follows: no refunds are due or payable for partial use of a month of service. Additionally, if an account has been prepaid so as to receive a discount from the otherwise cumulative monthly amount and the account is terminated, then the total amount owed is the total months of use, including the current month, times the non-discounted monthly rate. Any refund will be prorated as if the User owed the full monthly fee without discount for prepayment.
k. If an account is turned over to collection or if legal action is required by EONI to collect an unpaid User balance, EONI is entitled to collect and you agree to pay all reasonable collection fees and/or associated reasonable legal and attorney’s fees.
l. Claims or requests for refunds or billing issues are limited to six (6) months from the date of claim or request submission. Any claim or request for issues older than six (6) months from the date of request will not be honored.
m. The User’s only right with respect to dissatisfaction with any of the terms and conditions of this Agreement, or with regards to the operations, policies, or practices of EONI, any changes in the content of EONI’s services, or any change in the fee structure charged in connection with use of EONI’s services, is to terminate User’s account by delivering written notice to EONI as described in paragraph 8.h. above. EONI may terminate immediately the account of any User who misuses his/her account or for any breach of this User Agreement. If EONI denies you access to EONI services due to breach of this Agreement, 1) you shall have no right to obtain any credits otherwise due you and such credits are forfeited, and 2) you shall have no access through EONI to any EONI, Internet or Internet-related products or services. If User or EONI terminates the account for other reasons than breach of this Agreement, a prorated refund for any unused credits remaining on the User’s account will be paid to the User within 30 days from the date the account terminates. Once an account is terminated for any reason, EONI shall have no responsibility to notify any third party with which the User had any relationship, nor shall EONI have any responsibility for any damages that result from lack of such notification.
n. Except as expressly provided herein, the rights and remedies of EONI are cumulative and not exclusive of any rights or remedies that EONI may otherwise have at law or in equity. Waiver of any violation of these Terms and Conditions by EONI shall not act as a waiver of any subsequent violation of these Terms and Conditions, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by EONI in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
o. How To Contact EONI. Mailings, messages or other notices from Users should be addressed or delivered to EONI at: EONI, 216 Chestnut Street, La Grande, OR 97850. Electronic mail (email) related to issues with User’s account may be sent to email@example.com or firstname.lastname@example.org. The permanent telephone number for EONI is 1-541-962-7873. Additional information about contacting EONI and EONI hours of operation are available on the EONI web site at http://home.eoni.com/contact.
p. Governance Of Law. This agreement, and any other related EONI agreement, shall be construed to, and be governed by, the laws of the State of Oregon in the County of Union. In the event that any provision is determined to be invalid, all other provisions shall remain in full force and effect.