Terms of Service
Along with other services, CompuBasix, Inc. also provides Internet Access Service (Service). The Service is made possible, in part, via a computer network(s) operated and maintained by CompuBasix, Inc.. BY ACCESSING THE SERVICE CUSTOMER AGREES TO BE BOUND BY THE TERMS OF SERVICE (AGREEMENT), AS DESCRIBED BELOW, AND BY THE ACCEPTABLE USE POLICY (AUP), BOTH OF WHICH ARE MAINTAINED ONLINE AT THE COMPUBASIX, INC. WEB SITE (HTTP://WWW.DAVLIN.NET). IF AT ANY TIME CUSTOMER DOES NOT WANT TO BE BOUND BY THIS AGREEMENT OR THE AUP, THEN CUSTOMER SHOULD IMMEDIATELY STOP USING THE SERVICE AND NOTIFY COMPUBASIX, INC. AT THE ADDRESS LISTED BELOW.
CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE AND ITS CUSTOMERS' AND AUTHORIZED USERS USE OF THE SERVICE, PROVIDED BY COMPUBASIX, INC. THROUGH ITS NETWORK(S). CUSTOMER UNDERSTANDS THAT COMPUBASIX, INC. EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OF THE INFORMATION PASSING THROUGH THE INTERNET.
CUSTOMER UNDERSTANDS THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT COMPUBASIX, INC. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, PRODUCTS, OR SERVICE IT IS PROVIDING. COMPUBASIX, INC. ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPUBASIX, INC. WILL NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER, THIS INCLUDES, BUT IS NOT LIMITED TO; LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY ITS OWN NEGLIGENCE OR BY YOUR ERRORS OR OMISSIONS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPUBASIX, INC. FROM ANY CLAIMS RESULTING FROM YOUR USE OF THE SERVICE WHICH DAMAGES YOU OR ANOTHER PARTY.
USE OF ANY INFORMATION, MERCHANDISE, OR OTHER CONTENT, OBTAINED VIA THE SERVICE IS AT YOUR OWN RISK. IT IS SOLELY CUSTOMER'S RESPONSIBILITY AND CUSTOMER'S CUSTOMERS' AND AUTHORIZED USERS' RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. COMPUBASIX, INC. SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION, MERCHANDISE, OR OTHER CONTENT, OBTAINED THROUGH ITS SERVICE OR ON THE INTERNET GENERALLY.
LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR COMPUBASIX,INC. DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. COMPUBASIX, INC. IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
Customer understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive to some people. Customer further understand that access, by customer, customer's customers or customer's authorized users, to such material is done so entirely at their own risk. CompuBasix, Inc. has no control over and accepts no responsibility whatsoever for such materials.
CompuBasix, Inc.'s network(s) and the Service may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to; copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
POSTING OR TRANSMITTING 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, OR NATIONAL OR INTERNATIONAL LAW, INCLUDING WITHOUT LIMITATION THE U.S. EXPORT CONTROL LAWS AND REGULATIONS IS STRICTLY PROHIBITED. ANY ACCESS TO OTHER NETWORKS CONNECTED TO COMPUBASIX, INC'S NETWORK(S) MUST COMPLY WITH THE RULES APPROPRIATE FOR THAT OTHER NETWORK.
Neither CompuBasix, Inc. nor its Internet Service Provider warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided, or failed to be provided, under this Agreement. The customer is responsible for assessing its own computer and transmission network needs, and the results to be obtained there from.
CompuBasix, Inc. provides email spam/virus filtering for its customers via a Barracuda Networks appliance. The virus protection, as well as parts of the spam protection, are kept up to date through a Barracuda Networks service. Although this service will protect you from virtually all incoming email-borne viruses, it is important to know that this service, and others like it, cannot guarantee that your system will never be infected. The best anti-virus solution is a layered approach that protects SMTP, HTTP, and desktop resources.
CompuBasix, Inc. strongly recommends that you have up-to-date virus protection software installed on your computer. We accept no responsibility for damages a virus does to your computer that may not be intercepted by the virus scanning system.
Although the use of CompuBasix, Inc.'s network(s) may be for any lawful purpose, CompuBasix, Inc. reserves the right to cancel any account, at any time, without cause and without notice. CompuBasix, Inc. reserves the right to modify this agreement, the AUP, its prices, and may discontinue or revise any or all other aspects of the service at its sole discression and without prior notice. CompuBasix, Inc. maintains the Agreement and AUP online, located at the CompuBasix, Inc. Web Site (http://www.davlin.net). Customer is responsible for periodically checking this area for such changes. Customers continued use of the Service after such changes will constitute customers acceptance of the changes.
This Agreement may be terminated by either party at any time with written notice to the other party. Termination by the customer shall not create the right to a refund of any fees paid or payable, except in the event CompuBasix, Inc., is unable to provide the customer with an account on a CompuBasix, Inc. Host.
All notices given by any customer or required under this Agreement shall be in writing and delivered to the following address: CompuBasix, Inc., P. O. Box 8169, Corpus Christi, TX 78468.
Individual Internet service entitles only the named account holder to login, on one dial-up modem only, and establish only one point to point protocol (ppp) login session at a time. Multiple login sessions, using the same login name, are prohibited. Other uses are considered fraudulent.
E-mail storage space is limited to a specific amount of disk space per account. Some e-mail messages may not be processed due to space constraints. You agree that CompuBasix, Inc. is not responsible or liable for the deletion or failure to store messages or other information.
CompuBasix maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses
CompuBasix is not responsible for Customers files residing on the CompuBasix' systems (including web servers, other systems or any equipment operated by CompuBasix). Customer is solely responsible for backup and protection of data files stored on the CompuBasix servers.
This Agreement supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The use of CompuBasix, Inc.'s network(s) constitutes acceptance of this Agreement.
Billing Policy
The Service is conducted on a monthly pay in advance basis. Invoices are due and payable upon receipt. If you are paying by check or money order, it is your responsibility to get payment to us on time. We send invoices with the amount due by e-mail, so you must take responsibility for regularly reading your e-mail.
If you wish to cancel your account, you must give notice prior to the account anniversary date, or you will be charged for the next month. If you prepay for three, six, or twelve months and choose to cancel your account, your service will not be terminated until the end of your prepaid term unless you request earlier termination. As such we will not refund prepaid accounts. If you pay for the Service by check, and your check is returned to CompuBasix, Inc. unpaid, you are immediately in default and subject to a returned check charge of $25.00.
If you pay for the Service by credit card, access to your account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. It is your responsibility to notify the billing department of any changes regarding your payment method, including (but not limited to) changing to another method of payment, informing us of a new card number, or providing a new expiration date.
Invoices are sent via email and are due and payable upon receipt. You must take responsibility for regularly reading your e-mail and be aware it is your responsibility to get payment to us on time. If payment is not received within 10 days of the account anniversary date, a late fee of $5.00 will be added and the account will be put on hold until payment is received. Such interruption does not relieve you from the obligation to pay the monthly Service charge. If you default, you agree to pay CompuBasix, Inc. reasonable collection expenses, including attorney and collection agency fees.