ghValley.net:  Terms Of Service

WHEREAS, ghValley.net, or the Service agrees to use its best efforts to provide uninterrupted Internet access and related services to You (or User), subject to your compliance with the terms and conditions below. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. 
BY ACCESSING THE SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. 

We may modify or discontinue any provision of this agreement, with or without prior notice.

  • Use of ghValley.net and the Internet 

    ghValley.net is a supplier of Internet access and related services. At all times, ghValley.net will use its best efforts to provide access to the Internet and web presences on the Internet. 

    Except for products or services clearly identified as being supplied by ghValley.net, neither ghValley.net nor any of its affiliates operates or controls any information, products or services on the Internet in any way, and that, except for such ghValley.net identified information, products or services, all merchandise, products or services offered or made available or accessible through ghValley.net or on the Internet generally, are offered or made available or accessible by third parties who are not part of ghValley.net or its affiliates.

  • Risk of loss from or use of the service and of the Internet generally.

    Neither ghValley.net nor any of its affiliates make any warranties, express or implied, with regard to any merchandise, information, or service provided through ghValley.net or on the Internet generally, and ghValley.net shall not be liable for any costs or damages arising either directly or indirectly from any such transaction.  It is solely your responsibility to evaluate and determine the accuracy, completeness, and usefulness of all advice, opinions, services and other information, and of the quality and merchantability of all merchandise provided through the service or on the Internet generally. 

    ghValley.net's search engine links automatically produces search results that reference sites and information located worldwide throughout the Internet.  Because we have no control over such sites and information, we make no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and we assume no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the 
    Internet consists of material that is adult-oriented or otherwise objectionable to some 
    people, the results of your search on our sites may automatically and unintentionally 
    generate links or references to objectionable material. We make no claim that such 
    surprises might not occur.

    Service by ghValley.net is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Neither ghValley.net nor its affiliates warrants that service will be uninterrupted or error free, or that any information, software or other material made accessible by ghValley.net, or on the internet generally, is free of viruses, worms, Trojan horses or other harmful components. 

    Under no circumstances shall ghValley.net, its affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use or inability to use the service or to access the internet or any part thereof. 

    You rely on use of information, services or merchandise provided on or through the service, that may result in or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure in performance at your own risk. 

    You are required to maintain the confidentiality of your user name and password. You are responsible for all uses of your account, including E-mail and website postings, whether or not actually or expressly authorized by you.

    If you are dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of ghValley.net, your sole and exclusive remedy is to discontinue using the service. 

  • Service hours 

    Service will normally be available seven (7) days a week, twenty-four (24) hours per day; excluding scheduled maintenance as designated from time to time by ghValley.net in its sole discretion. ghValley.net will use its best efforts to notify Users in advance of all scheduled maintenance or down time through network messaging. 
      

    Customer acknowledges that sometimes failures are beyond the control of ghValley.net, including, but not limited, to Acts of God, Force Majeure or other unforeseen events, including, but not limited to, telephone service interruptions or software or hardware equipment failures, and ghValley.net shall not be liable for any damages User may sustain as a result thereof. ghValley.net will do everything within its control to minimize any ghValley.net system down-time. 

  • Dial-up Accounts 

    Dial-up accounts are designed for a single user to access the Internet.

    Dial-up accounts may not be used to connect more than one computer at a time to the Internet. This would include connecting a network of computers to the Internet via a proxy server. Connecting multiple computers at one time via a proxy server requires the purchase of a dedicated line or multiple accounts.

    Each dial-up account may use a single incoming phone line. Users may not use a single dial-up account to utilize more than one of ghValley.net's phone lines at a one time.

  • Definition of Unmetered, or Unlimited, Hourly Access:

    Our unlimited hourly dial-up plan is intended for session use, with no charge for 
    the number of hours used, but like all dial-up plans it is not designed to be on-line 
    continuously, even when you are not actively using it. Use it when you need it, for 
    as long as you need it, and remember to disconnect when you are through.

  • User Conduct on the Service 

    Free speech and the right of privacy does not include the following conduct, and while using the Service you may not: 

    Apply for or use a user ID under false pretenses, or share your user 
    ID with other or unauthorized users.

    Deletion, examination, copying or modification of files and/or data belonging to other users without their prior consent is prohibited.

    Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity is prohibited.

    Post, publish or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; 

    Post, publish or transmit any unsolicited bulk email through any dial-up or dedicated account contracted through ghValley.net. For the purposes of this agreement, Unsolicited Bulk Email (UBE) shall mean any email sent to more than five (5) different persons, in one or more sessions, without the express consent of the recipients. Violation of this policy shall be grounds for immediate termination of the offending user's account with 
    ghValley.net. In the event of such termination under this paragraph, ghValley.net shall not be liable for any refunds, credits or other compensation to or for said user; 

    Post, publish or transmit any mass Usenet (Internet News) message through any dial-up or dedicated account contracted through ghValley.net.  For the purposes of this agreement, mass Usenet posting shall mean any message sent to more than five (5) different Usenet newsgroups, in one or more sessions. Violation of this policy shall be grounds for immediate termination of the offending user's account with ghValley.net. In the event of such termination under this paragraph, ghValley.net shall not be liable for any refunds, credits or other compensation to or for said user; 


    Post or transmit any information which contains a virus, cancelbot, Trojan horse, worm, mail bomb or other harmful component; Post, publish, transmit, reproduce, or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material; 

    Upload, publish, post, reproduce, transmit, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining prior permission from the copyright owner or right holder; 

    Users alone are responsible for the contents of any messages they convey when using our services, as well as the consequences of any such messages.  You agree that you will not use our services to engage in illegal activities, including, but not limited to obscene or harassing messages. You further agree not to use our services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates the community standards referenced on our site.

    Any unauthorized, deliberate action which damages or disrupts a computing system, alters it's normal performance, or causes a malfunction, is a violation regardless of system location or time duration.

    Forgery, or attempted forgery, of electronic mail messages is prohibited.

    Attempts to read, delete, copy or modify electronic mail of other users are forbidden.

    Decryption, or the attempt to decrypt system or user passwords in prohibited.

    The copying of system files is forbidden.

    The unauthorized resale of ghValley.net services, including but not excluded to web hosting, dialup and/or high speed access or e-mail servers, for profit is forbidden. 

    The copying of copyrighted materials, such as third party software, without the expressed written permission of the owner or the proper license, is prohibited.

    Intentional attempts to "crash" network systems or programs are punishable disciplinary offenses.

    Any attempt to secure a higher level of privilege on network systems are  punishable disciplinary offenses.

    Upload, publish, post, reproduce, transmit, or distribute in any way, any component of the Service itself or derivative works with respect thereto. 


    ghValley.net has no obligation to monitor the Service. However, you agree that ghValley.net has the right to monitor the Service electronically from time to time and disclose any information necessary to satisfy any law, regulation, ordnance, legal governmental request, to operate the Service properly, or to protect itself or its users. ghValley.net will not intentionally monitor or disclose any private electronic mail message unless required to do so by law. 

    ghValley.net reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion are unacceptable, undesirable, or in violation of this agreement as determined by the ghValley.net management or legal advisors.

  • Making Purchases on the Service 

    If you wish to make purchases on the Service, you may be asked to by the merchant, or information or service provider from whom you are making the purchase for certain information, including credit card or other payment mechanism information. You agree that all information you provide to any merchant, or information or service provider will be accurate, complete, and current. The merchants, and information or service providers offering merchandise, information, or services on the Service, and the Internet in general, set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account by credit card or other payment mechanism at the prices in effect when such charges are incurred. 

  • Failure to Comply with Terms and Conditions 

    ghValley.net may deny you access to all or part of the Service without notice if you engage in any conduct or activities that the legal advisors to ghValley.net in their sole discretion believe violates any of the terms and conditions contained in this agreement. If ghValley.net denies you access to the Service because of such violation, you shall have no right (1) to access through ghValley.net any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, (3) to access third-party services, merchandise or information on the Internet through ghValley.net, and 
    ghValley.net shall have no responsibility thereof to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from lack of notification. 

    YOU AGREE to defend, indemnify and hold ghValley.net and any of its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees and court costs, related to any violation of this agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account. 

  • Customer Billing and Collection Information 

    User agrees to receive any monthly invoice for services rendered by ghValley.net electronically at their electronic (e-mail) address unless ghValley.net is notified otherwise by User.* 

    * There is an additional charge for paper invoicing. 

    User agrees to pay any and all undisputed charges promptly upon receipt of invoice even if User disputes any other charges. All disputes as to charges must be made within ten (10) days of invoice receipt and in writing to:

    ghValley.net
    P.O Box 19048
    Colorado City, Co 81019 

    with all disputed charges detailed. ghValley.net will investigate these charges to determine their accuracy. 


    USER UNDERSTANDS that ghValley.net maintains a Price sheet on the ghValley.net Web Site at the URL http://www.ghValley.net. It is users responsibility to be familiar at all times with the ghValley.net current pricing schedule, and that ghValley.net retains the right to change their rates at any time, but will post notice at least thirty (30) days in advance of any changes to the ghValley.net pricing schedule. User also understands that by User accessing the ghValley.net system, user is agreeing to pay all charges based on the current ghValley.net Price sheet. If User does not agree to the current ghValley.net fee schedule, User 
    must immediately discontinue use of the ghValley.net system. 


    All User Dial-up account, Dedicated line account, and Web Page maintenance account charges are due and billed for basic service on the first day of the subscription month for the current subscription month. Additional billable hourly charges from the current month will appear on the following months invoice and are due and payable then. All User accounts whose payment mechanism is by credit card or checking debit card will have their charges submitted automatically to their credit card provider or bank on the first 
    day of their subscription month. Charges for other than month-to-month Internet access 
    service are due within five (5) days upon receipt of invoice. User acknowledges that Service may be suspended if receipt of payment is not received by ghValley.net within fifteen (15) days of date of invoice, and that there will be an account re-activation fee charged as provided for in the ghValley.net current schedule of fees to re-activate a suspended account. Also, all account balances over thirty (30) days old will be deemed delinquent, and assessed interest at the rate allowable by law. In Addition, all Users whose accounts are subject to collection efforts will be charged all reasonable and necessary 
    collection costs, including, but not limited to, reasonable attorneys fees and court costs.  User agrees to notify ghValley.net of intent to cancel any account either by E-mail or by US Postal Mail.

  • Miscellaneous 

    In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. 

    ghValley.nets failure to insist upon strict performance of any provision of this Agreement shall not constitute a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any portion of this Agreement. 

    ghValley.net may modify this Agreement from time to time by placing a notice of such modification in the "ghValley.net Information Area" accessed from the ghValley.net "Main Menu", and your continued use of Service thereafter shall be deemed to constitute acceptance of any such modification. IT IS YOUR RESPONSIBILITY TO CHECK THE "ghValley.net INFORMATION AREA" REGULARLY TO DETERMINE IF THIS AGREEMENT HAS BEEN MODIFIED. If You do not agree with any modification of this agreement, you must immediately stop using the Service. 

    This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of laws provisions. Any cause of action 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 forever barred. 

    This Agreement constitutes the entire Agreement between User and ghValley.net, and supersedes any prior or contemporaneous oral or written agreements. 

9/2008

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This page last updated on: September 11, 2008