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The Heritage Broadband network may only be used for lawful purposes. The transmission of material that is in violation of any federal, state or local law, or that is protected by trademark, copyright, trade secret or other intellectual property is strictly prohibited. More details about Copyright infringement are below. Clients are prohibited from using the Heritage Broadband network to transmit material that is judged by Heritage Broadband to be illegal, proprietary to a third party, legally obscene, criminal, or in some fashion inconsistent with the generally accepted standards of the Internet community. If any Heritage Broadband client interferes with another’s use and enjoyment of the services provided by Heritage Broadband, such client shall be deemed to be in violation of this Acceptable Use Policy.
Anyone who publishes materials and information that are accessible through Heritage Broadband’s network is solely responsible for the content of such materials and information and is solely responsible to know and comply with all laws applicable to the publication and distribution of such materials and information. Heritage Broadband does not accept responsibility for the content of the materials and information published by others that are accessible through the Heritage Broadband network and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
Heritage Broadband is an Internet services provider and as such exercises no control over the content of the information passing through its network. It is expected that Heritage Broadband’s clients will comply with all rules and Acceptable Use Policies that are appropriate for those networks accessed through Heritage Broadband. Each Heritage Broadband client accepts the responsibility to avoid any material he or she finds offensive. Heritage Broadband makes no guarantee and assumes no liability for the security of any data on any server including “secure servers.” Our clients are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication.
Heritage Broadband reserves the right to access a client’s services to resolve system problems or mail system errors, or to access information requested by subpoena. Heritage Broadband has and will comply with official subpoenas for information by appropriate legal authorities for investigation of claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mails containing threats of violence, or other illegal activity.
Examples of unacceptable on all Dedicated, VPS, Colocation servers include:
• Pirated Software
• IP/Port Scanners
• Bruteforce Scripts
• Sites promoting illegal activities
• Fraudulent Sites
• Bulk Email Scripts/Software
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc), including any and all web servers or file servers
• TOR Exit Relays/Nodes or TOR Middle Relay
• (HYIP) High Yield Investment Programs
• Gambling Sites
• IP Spoofing or IP Hiding
• NO Open/Public/Reselling of VPN/PROXY services on our virtual server system(private/personal is ok)
Zero Tolerance Spam Policy
Heritage Broadband has no tolerance for the use of its network for the distribution of bulk commercial e-mail transmissions (spam). This includes the transmission of bulk e-mail by a third party to advertise a website or e-mail address hosted on the Heritage Broadband network. Mass commercial email messaging with opt-out provisions is considered spam, and is not permitted. Receipt of complaints of spam from SpamCop, Spamhaus, or equivalent entities, or “poor” ranking of an IP address in SenderBase, are considered evidence of spam activity and a violation of this AUP.
Heritage Broadband will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Violating the spirit or the language of this section may result in immediate suspension or termination of services without any refund, and if a contract is in effect there may be full enforcement of penalties as described in the contract language for default of contract.
Billing Policies
All clients are required to provide a Credit card or Paypal. It is the client’s responsibility to notify Heritage Broadband with correct billing information. If your credit card is declined, it is your responsibility to update this information to us via our client portal login. Non use of an account does not release the client from liability for charges. $45.00 fee shall be charged for returned checks or chargebacks from you credit card or Paypal account. If the client has provided credit card or Paypal information to Heritage Broadband, the client understands that charges will be billed to the each month for services. The client hereby authorizes this automatic billing by Heritage Broadband.
Invoicing for all services occurs on a periodic basis at the beginning of each period and provides for service until the end of the period.
There shall be no pro-rated refund for time remaining in a billing cycle if the service(s) are cancelled prior to the end of the monthly billing cycle.
All clients accept the responsibly of making on time payments to Heritage Broadband for services rendered.
If payment is not received on or before the invoice due date, Heritage Broadband may at it’s discretion: 1) Charge a $15.00 late fee or 1.5% of the outstanding balance, whichever is greater; 2) Suspend services; or 3) Terminate services.
If services are suspended for non payment there will be a $45.00 reconnect fee.
There are no refunds and all sales are final.
Cancellation
All requests for canceling services must be issued via our client-login portal.
Cancellation requires a 30 day notice. There is a $25 cancellation fee.
Upon cancellation, the customer is required to schedule removal of devices within 15 days from the time customer gave notice to cancel.
Heritage Broadband may remove devices from customer premises during normal business hours (M-F 9am – 5pm).
There is a $75 handling fee plus the cost of packing material and the cost of shipment for shipping each device if customer chooses to remove and return equipment. Items include, Antenna, Ground Block, and Mounting equipment.
If service is cancelled within 90 days from installation the client will be required to pay a $90.00 cancellation fee and charged for any discounts given.
You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to Heritage Broadband and you agree to pay such fees.https://www.heritagebroadband.com/terms-of-use/
Scheduled and Unscheduled Maintenance
We or our vendors occasionally need to perform maintenance to our systems. Outages due to maintenance are not grounds for any credits or claims for damages. The client understands that the cumulative liability of Heritage Broadband for any and all claims relating to the services provided, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees the client paid to Heritage Broadband for services during the period in question. Our maintenance window is 12AM to 6AM CST.
Price Policy and Modifications to this Terms of Use
Heritage Broadband reserves the right, at any time, to change its fees and billing procedures and otherwise modify this agreement at any time. Heritage Broadband may also elect, at its discretion, to supplement such notice of billing charges and modifications to this agreement through e-mail to the client’s account or through the US mail to the account holder. Use of Heritage Broadband after the effective date of such notice constitutes acceptance of the new terms and conditions.
Coupons/Promotions
Discounts and coupon codes may be reserved for first-time accounts *or first-time customers* only and may not be used for the purchase of a domain registration or other add-ons unless otherwise specified. Unless specified otherwise, the use of a coupon, will not allow the use of another identical coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have a policy to suspend or terminate accounts that are found to be in violation of copyright laws and standards. We respect the intellectual property of others, and we ask you to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of customers who refuse to remove access to illegal copyrighted material upon our request, or who are determined to be repeat offenders.
If you believe that your work has been copied in a way that constitutes illegal copyright infringement, or your intellectual property rights have been otherwise violated, you must provide a Notice to our Copyright Agent (identified below) that includes the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on the site; 4) Your address, telephone number, and email address; 5) A statement by you that you have in good faith the belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized agent to act on the copyright or intellectual property owner’s behalf. Our agent for notice of claims of copyright infringement can be reached as follows:
The Optimal Link Corporation
Attn: Copyright Infringement Agent
411 N Sam Houston Pkwy, E
Suite 220
Houston, TX 77060
By email: info@oplink.net
Disclaimer
Heritage Broadband makes no express or implied warranties or representations of any kind as to the quality, or fitness for the client’s particular purposes, of the Internet, or its affiliates, or the services which are being provided. We explicitly disclaim any express or implied warranty of merchantability or fitness for any particular purpose whatsoever. We are not responsible for any loss the client suffers as a result of using Heritage Broadband, including but not limited to loss resulting from delays, improper or incomplete delivery of information, possible “computer viruses” or interruption of service, damage to the home or property caused by it’s equipment, employees, or contractors regardless of cause; wrongful use of the client’s account by others; or the client’s receipt of inaccurate data from any network accessed through Heritage Broadband. Client agrees to not tamper with Heritage Broadband equipment, and any tampering may cause client to be charged for any and all repairs to include charges for any equipment that may be damaged. Force Majeure: We will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control. Client agrees to not attack/criticize Heritage Broadband and any of it’s employees, associates, or partners publicly (on public forums, blogs, social networks, etc) at any time during or subsequent to being provided service. Similarly, client agrees to seek in any way anything that brings bad name to the company or of any of it’s employees, associates or partners. In case of breach of this clause, the client agrees their service will be immediately terminated and agrees to remove any negate postings, remarks, etc. and pay for any financial damages Heritage Broadband sees fit and all legal fees incurred with a minimum of $10,000.00.
Disclosure
Heritage Broadband reserves the right to revise its policies at any time without notice.
The client agrees that Heritage Broadband reserves the right to terminate the client’s account at any time, for any reason, including, but not limited to, the client’s failure to abide by the terms of this agreement as stated herein, or the client’s failure to pay any fees or charges when due. If Heritage Broadband becomes aware of a violation of these Terms and Conditions, Heritage Broadband reserves the right to suspend or terminate the client’s service without notice, and the client is responsible for any early termination fees if the service is provided on a contract basis. In addition, Heritage Broadband reserves the right to interpret these Terms and Conditions in its sole discretion and to amend, revise, add or delete any provision of the Terms and Conditions. Violation of any of the terms and conditions of this Agreement may also result in possible civil proceedings against the client for any damages suffered by Heritage Broadband.
These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Texas, United States of America. Use of Heritage Broadband services constitutes acceptance of the terms and conditions. These terms and conditions cannot be copied or posted elsewhere without written permission of Heritage Broadband. LLC