PCEZ.COM - Internet Services
PCEZ.COM - Internet Services
Our Regular and Unlimited PPP and DSL accounts have some basic
ground rules. Unlimited use is not the same as a dedicated connection and
may not be used as such.Regular or Unlimited PPP account users are not
allowed to "Ping", "bot", or use any other automated
system for the purpose of keeping their connection running while they are
not actually using it. Anyone found to be doing so will have their account
terminated. There will be no refunds. Regular and Unlimited PPP or DSL
account users may not resell the service or have simultaneous access by
multiple users using the same user ID. Regular and Unlimited PPP accounts
shall not be used to host a dedicated server site on the Internet. Users
of all Accounts are not to flood (spam) Usenet or send unsolicited bulk
email. Also, all users that send e-mail or post on news groups shall not
use false names and/or e-mail addresses to attempt to hide their identity.
Any user found to be sending unsolicited bulk email will be immediately
removed and there will be no refunds.
Starting Nov 1 , 1996,
Regular 120 hour PPP accounts will be billed for $.50 per hour over the
120 hour amount. You will be billed the next billing cycle for this
overage. For this purpose the period of measurement is for the calender
month.
Starting Jan 1, 2008, User shall not use this dial up account for over 400 hours per month in a calendar month. If
dialup user exceeds 400 hours in a calendar month the user will not be allowed to login till the beginning of the next
calendar month.
Starting July 1, 1997, If you send in a payment for an
account, that is in excess of the amount due but less than $0.50 over the
amount due the extra amount will not be credited to the next payment.
Example: If you send in a payment of $20.00 for and account that is $19.95
the extra nickel will not be credited to the next payment. With our
accounting software it creates more of a problem that the five cents is
worth!
Please note that some dialup access numbers outside of the Portland/Vancouver metropolitan area may have a 200 hour limit per calendar month.
The first time a user signs up for a PPP account there are NO "Set Up Fees". When a previous client
signs backup for the service (ie. they have dropped the service for what ever reason) there is a Set Up Fee of $25.
It is our policy to give a free month to a paying PPP client of ours when they bring on a new PPP customer. This
does not apply for a new client that signed up at one of the Computer stores that sells our accounts. This credit is not
applied till the new PPP customer makes their first payment.
We are not responsible for your phone bill. If
your are in a area that is outside our local dialin areas, you need to make sure that the dial-up number you are using
is a local number to you. If you do not know how to do this contact our support staff.
You, the User, are
responsible for all charges associated with connecting to PCEZ.COMŽ. The User AGREES THAT ANY TELEPHONE CHARGES
INCURRED ARE YOUR RESPONSIBILITY. DEPENDING ON YOUR PARTICULAR LOCATION, THE NEAREST ACCESS NUMBER MAY NOT BE A LOCAL
PHONE CALL AND YOU MAY BE SUBJECT TO LONG DISTANCE CHARGES. You should check with your local phone company to determine
whether any specific access number is a local call. If you access PCEZ.COMŽ from certain access numbers, you may be
assessed communication surcharges on your phone bill. These apply even if you are using an unlimited access plan. You
are responsible for all activities and charges under your master and sub-account(s), including any unauthorized charges
to your account.
Service is on a prepaid basis only. If user gives PCEZ.COMŽ a credit card number (real credit
card or debit with visa or master card logos) to pay account, user agrees that PCEZ.COMŽ may submit Account charges
monthly, quarterly, half or yearly without further authorization, until User provides notice of termination of such use.
Each time you use PCEZ.COMŽ you agree and reaffirm that PCEZ.COMŽ is authorized to charge your designated card. You
agree that PCEZ.COMŽ may, at its option, accumulate charges during your billing cycle and submit them as one or more
aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit
card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card
issuer. Further, you agree that PCEZ.COMŽ may delay obtaining authorization from your card issuer until submission of
the accumulated charges.
ISP makes no warranty, representation or promise not expressly set out in this
agreement. ISP disclaims and excludes any and all implied warranties including those of merchantability and fitness for
a particular purpose.
ISP will use its best commercially reasonable efforts to deliver the Service with at
least minimum performance criteria. However, because of the decentralized nature of the Internet, the quality and
availability of any particular service or services is highly variable. As such, ISP cannot guarantee you that the
Service will always be available or error free. Consequently, ISP provides the Service "as is, as available."
Pcez.com DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY Pcez.com WILL PERFORM AT A PARTICULAR
SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR
THE LIKE. Pcez.com SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA ON YOUR EQUIPMENT OR OURS, OR IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE
AFFECT ITS PERFORMANCE. Pcez.com MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE,
THE EQUIPMENT OR THE INTERNET. Pcez.com MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE
SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF
THE SERVICE, THE SOFTWARE, THE EQUIPMENT, DATA SECURITY ON YOUR EQUIPMENT OR YOURS, AND THE INTERNET GENERALLY. YOU
AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO
PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL Pcez.com (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY
TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Pcez.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO Pcez.com'S THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH Pcez.com (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, AND AFFILIATES), Pcez.com'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS
UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Pcez.com RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR
MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES
RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS Pcez.com (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS
AGREEEMNT OR SUBJECTING Pcez.com (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS
YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM
AGGREGATE LIABILITY OF Pcez.com (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF
ANY.
LINKS. Pcez.com or third parties may provide links to websites other than it own or other resources. Because Pcez.com
has no control over such websites and resources, you acknowledge and agree that Pcez.com is not responsible for the
availability of such external sites or resources and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such websites or resources. You further acknowledge and
agree that Pcez.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods or services available on or through
any such website or resource.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless Pcez.com from and against all liabilities, costs and
expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws,
regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access
the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission
of any message, information, software or other materials on the Internet by you (or any parties who use your account,
with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties
who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person
and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this
Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the
other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the
Software, the Equipment or the Internet.
CHOICE OF LAW. You and Pcez.com agree that the substantive laws of the State of Oregon, without reference to its
principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the
parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Pcez.com CONSENT TO THE
EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN WASHINGTON COUNTY, OREGON FOR ANY SUITS OR CAUSES OF
ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except
as otherwise required by law, including Oregon laws relating to consumer transactions, any cause of action or claim you
may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred.
COMPLIANCE. Pcez.com's failure at any time to insist upon strict compliance with any of the provisions of this Agreement
in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is
determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as
nearly as possible to reflect the original intentions of the parties.
THINGS BEYOND Pcez.com'S CONTROL. Pcez.com will not be liable for delays, damages or failures in performance due to
causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of
third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an
inability to obtain necessary equipment or services.
ENTIRE AGREEMENT. This Agreement, including all policies posted on Pcez.com's website, which are fully incorporated into
this Agreement by reference, constitutes the entire agreement between you and Pcez.com with respect to the subject
matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you
to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents,
written or electronic, are void.
NOTICE. Notices by Pcez.com to you shall be deemed given: (a) when sent to your Pcez.com email address, (b) when
deposited in the United States mail addressed to you at the address you have specified in your account options or (c)
when hand delivered to your home, as applicable.
SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the
termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to
Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
We reserve the right to refuse service to anyone for any reason.
PCEZ.COM will NEVER sell or give away your personal information as
long as you are a customer of PCEZ.COM, unless ordered by the court or
goverment under subpoena. We do not keep data bases full of information on
what web sites you visit or who you email or any other Internet activity
you might be engaged in. We know that most people consider their personal
privacy to be worth a lot more than a few dollars each month and we will
protect your personal privacy.
Please click on the following link link for Copyright Crash Course. Users that violate Copyright law will have there service terminiated. The agent for Copyright infringing activities is Ken Rea at 503-639-0828.
