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
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
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 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
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 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
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
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
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
P.O Box 19048
Colorado City, Co 81019
all disputed charges detailed. ghValley.net will investigate these charges to determine their
USER UNDERSTANDS that ghValley.net maintains a
Price sheet on the ghValley.net Web Site at the
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.
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.