Our Regular and Unlimited Dial-UP 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 Dial-Up 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 Dial-Up or DSL account users may not resell the service or have simultaneous access by multiple users using the same user ID. Regular and Unlimited Dial-UP 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 Jan 1, 2008 Regular 120 hour Dial-Up accounts that run over the 120 hour per month will be billed at the unlimited rate.
Starting Jan 1, 2008, User shall not use this dial up account for over 400 hours per month in a calendar month. If dial-up 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!
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 unless they pay for 6 months of service up front.
It is our policy to give a free month to a paying Dial-Up and DSL client's of ours when they bring on a new Dial-Up, DSL 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 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.COM®. 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.COM® 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.COM® a credit card number (real credit card or debit with visa or master card logos) to pay account, user agrees that PCEZ.COM® 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.COM® you agree and reaffirm that PCEZ.COM® is authorized to charge your designated card. You agree that PCEZ.COM® 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.COM® 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.
Privacy Statement for PCEZ.COM
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.
Copyright Information & Policies
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.