Internet Terms of Service

This is a contract. Read it carefully. By using Andiamo Telecom Internet Services you agree to the terms and conditions set forth below.

  1. Parties. Andiamo Telecom, LLC ("Andiamo Telecom") is an Internet access Service Provider and a party to this Agreement. The person using Andiamo Telecom's services (herein referred to as "you") is the other party to this Agreement.
  2. Agreement and Change in Terms. By accessing Andiamo Telecom's services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via Andiamo Telecom's services while you are a user of Andiamo Telecom's services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact Andiamo Telecom immediately so that we may close your account.
  3. Limitation of Liability and Indemnity. You agree that Andiamo Telecom will not be liable to you, beyond the refund of your current term's charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of Andiamo Telecom's system or of any of the data or other materials transmitted through or residing on Andiamo Telecom's system, even if Andiamo Telecom has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, misdeliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify Andiamo Telecom and hold Andiamo Telecom harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you or any use by you of Andiamo Telecom's services which leads wholly or partially to claims against Andiamo Telecom or Andiamo Telecom's system by you, by another customer or by any other person or entity.

    Without limiting the generality of the above paragraph, you further acknowledge and agree that:
    No Warranties; No Responsibility. Andiamo Telecom exercises no control whatsoever over the content of the information passing through it's Internet connection. Andiamo Telecom makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Andiamo Telecom disclaims any warranty of merchantability of fitness for any particular purpose. Use of any information or data obtained via Andiamo Telecom is at your own risk. Andiamo Telecom bears no responsibility for the accuracy or quality of information obtained through its services. Andiamo Telecom is not responsible for Telco charges.
  4. Minors; Obscenity. You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that Andiamo Telecom is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the Internet through your Andiamo Telecom account.

    You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials retrieved via Andiamo Telecom's facilities.

FURTHER AGREEMENTS

You further acknowledge and agree:
  1. Use Restricted to Lawful Purposes. You agree that you will only use Andiamo Telecom's services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. Federal, U.S. State, or foreign law. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, or material protected by trade secret. Your keyboard input or files may be monitored in the event of a real or perceived security incident. You agree that Andiamo Telecom may remove objectionable materials residing on Andiamo Telecom's server. Such removal shall be at Andiamo Telecom's sole discretion and Andiamo Telecom shall be the sole judge of what constitutes objectionable material.
  2. Other Networks; Access and Cancellation at Andiamo Telecom's Discretion. You agree to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed by you through Andiamo Telecom. Andiamo Telecom reserves the right to refuse service to anyone. Andiamo Telecom further reserves the right to deny access to, or close, any account(s) which, in Andiamo Telecom's sole opinion, is (are) causing, or may cause, harm to the Andiamo Telecom server or to other systems. Andiamo Telecom will make a reasonable effort to notify any user of Andiamo Telecom's action, but is not bound by this Agreement to do so.
  3. Account Usage. When you pay the appropriate charge, you are entitled to an account. An individual account entitles the user to log in using only one of Andiamo Telecom's modems at a time. In the event of a multiple connection, the Andiamo Telecom system administration will automatically disable the user account. In order to reactivate the account, a $19.95 fee must be paid.
  4. Web Usage. You agree that the personal web space provided you by Andiamo Telecom in conjunction with your personal dial-up account will not be used for any commercial purpose. This includes, but is not limited to any commercial advertising or solicitation for goods or services. This restriction does not apply to customers who have purchased any of our commercial web accounts.
  5. Modem Usage. Individual dial-in accounts are for personal, non-transferable, casual use. Andiamo Telecom does not meter usage of shared resources such as dial-in lines and modem connections for accounting purposes. However, you agree not to use shared resources to such a degree that such use adversely impacts the availability of the network for other users. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that Andiamo Telecom may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time.
  6. Disk Usage. You agree to stay within allotted storage space. For personal dialup and email accounts the default allowed usage is 10MB on the web server and 10MB on the mail server. Additional space is available for an additional charge. Andiamo may delete some or all data if you exceed your disk quota.
  7. Mail Usage. You agree that you will not send bulk e-mail nor unsolicited commercial e-mail or use your Andiamo Telecom account or web pages as a return address for unsolicited commercial mail originated elsewhere. Using your Andiamo Telecom account to send unsolicited e-mail will result in immediate cancellation of your account, and the forfeiture of all monies paid to Andiamo Telecom. You further agree to pay Andiamo Telecom a $500.00 system clean-up fee should you send any unsolicited commercial e-mail.
  8. Usenet Usage. You agree not to make commercial postings to newsgroups the charter of which does not specifically allow commercial postings, or postings which are directed to either inappropriate, unrelated, or more than twenty (20) groups or use your Andiamo Telecom account or web pages as a return address for such postings originated elsewhere. Should violation of this provision require corrective action by Andiamo Telecom staff, you agree to pay all costs incurred (minimum $1,000) in mitigating any harmful effects.
  9. Billing Policies; Application Form; Changes. The Application Form which you signed if any is hereby incorporated into this Agreement. You agree that Andiamo Telecom may change its rates and otherwise modify any terms and conditions of this Agreement by notifying you via Andiamo Telecom's services 30 days in advance of the effective date of such changes. Until you notify us to close your account, you agree that any new terms and conditions will supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this Agreement and any order forms submitted. You agree to pay service charges until your account is cancelled by signed notification. Upon such notification, Andiamo Telecom agrees to refund the service fees for any future terms, and close your account at the end of the current billing period. Andiamo Telecom invoices quarterly for all accounts. You agree to make all payments by the specified due date. Accounts will be suspended for non-payment. You agree to pay a $10.00 administrative fee to re-instate your account if it is suspended for non-payment. You also agree to pay a $10.00 administrative fee for the second or subsequent change in userid which you request. You also agree to pay a $50.00 administrative fee for domain name changes which you request. If your check is returned to Andiamo Telecom unpaid, you agree that you will pay a return check charge of $50.00. If you choose automatic payment by credit card. You agree that access to your account can be restricted if credit card processing fails for any reason. You agree that if your account is unpaid after fourteen (14) days of due date, Andiamo Telecom may cancel your service. If you default, you agree to pay Andiamo Telecom reasonable collection expenses, including attorney and collection agency fees.
  10. End User Cancellation. All Internet cancellations are effective on the last day of the month, and Andiamo Telecom will not prorate for unused fractions of months. Cancellations of multi-month plans will be effective on the last day of the current month, a $25 early cancellation fee will apply, and any used months will be rerated to the month-to-month rate. An adjusted credit will be applied for any unused months.
  11. Choice of Law. You and Andiamo Telecom agree that the law of the State of Arizona, U.S.A. will apply to all matters relating to this Agreement and to Andiamo Telecom's services. In addition, you and Andiamo Telecom agree and consent that the courts of Maricopa County, Arizona, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided here under.
  12. Rights Not Waived. Failure by either you or Andiamo Telecom to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
  13. Partial Invalidity. If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, or, if such provision is found to be totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether.
  14. Entire Agreement. It is expressly understood that there are no oral agreements or understandings between you and Andiamo Telecom which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior Notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties here to. Otherwise, this Agreement, the Application Form, and any later written changes published via Andiamo Telecom's service, constitutes the entire Agreement between the parties.
  15. DSL Usage. Andiamo Telecom will not install DSL as bandwidth for another Internet service provider. Andiamo Telecom reserves the right to terminate or refuse DSL service at our discretion to anyone we deem to be using an unreasonable amount of bandwidth.