The following Terms of Service and Acceptable Use Policy (hereinafter
"Agreement") describe the terms and conditions pursuant
to which PortBridge Internet Services, LLC (hereinafter "PortBridge"),
a North Carolina limited liability company, agrees to provide
Internet access to its customers. The Agreement also describes
certain limitations on the customer's use of the services
provided by PortBridge. By accessing the Internet through
services provided by PortBridge (including any of its divisions,
including, but not limited to, esn.net, icomnet.com, ipass.net,
deltacomm.com and portbridge.com) you, the customer, agree
to all of the conditions of this Agreement.
If you do not wish to abide by the terms of this Agreement,
you should not access the Internet through services provided
PortBridge reserves the right to modify this Agreement from
time to time by posting the amended Agreement at http://www.portbridge.com/corp/policies.html.
TERMS OF SERVICE
1. Access to Internet services:
- You agree and understand that
"unlimited access" does not guarantee that you
will always be able to access the Internet through this
service or that you will never be disconnected. Rather,
"unlimited access" means that your monthly account
invoice shall be based upon a flat fee, and shall not be
based upon actual connect time and/or access.
- There is no limit on hours that
you may use the unlimited dialup service, but this is not
intended to be a full time connection. Your dialup connection
may be disconnected after 15 minutes if there is no activity.
Customer agrees not to use any automatic method to avoid
inactivity disconnect, and to keep the connection active
only when the member is actively using it.
- The customer agrees not to provide
any public information services over this connection.
2. Fees and Charges
- In consideration of its connection
and access to the services provided by PortBridge, Customer
shall pay to PortBridge, in advance, the monthly use fee
associated with the requested services as identified in
the schedule described above.
- Monthly use fees are subject
to change upon thirty (30) days written or electronic notice
to the Customer.
- Accounts in default are subject
to disconnection without further notice. Reconnection fees
may apply to accounts disconnected for late payment.
- Cancelled accounts will not be subject to prorating.
PortBridge recommends that customers scheduled accounts to be canceled at the end of their period of billing.
- Payments returned by our bank because of insufficient
funds will be subject to a $15.00 returned check fee. Accounts that repeatedly have
checks returned may be required to pay monthly fees via credit card.
- The customer will be supplied
with a unique security code(s) (hereinafter "Password")
that allows access to Internet services through PortBridge.
- PortBridge will use its best
efforts to provide a requested Password to customer, but
may deny the same based upon considerations including but
not limited to security, confusion with other Passwords,
offensiveness, or infringement upon proprietary and legal
rights of others.
- PortBridge reserves the right
to change an existing Password at any time.
4. Customer restrictions and duties.
Customer shall comply with the Acceptable Use Policy set forth
below. Violation of the Terms of Usage may result in termination
of service without notice.
5. Disclaimer of Warranty.
PortBridge makes no warranty, express or implied, as to the
availability or speed of connection of its services for connection
to the Internet, use thereof, or the accuracy or correctness
of any information available through its Internet services
including, but not limited to, any warranties or merchantability
or fitness for any particular purpose. PortBridge exercises
no control whatsoever over the information from the Internet
passing through it.
6. Limitation of liability.
In no event shall PortBridge be liable to customer for any
indirect, special or consequential damages or lost profits
arising out of or related to this agreement, the performance
or breach thereof, or the accuracy or correctness of the information
available through PortBridge, even if PortBridge has been
advised of the possibility thereof. Customer waives any and
all claims against PortBridge whether in tort, contract, or
strict liability, and will indemnify and hold harmless PortBridge
from any such claims.
This Agreement may be terminated by either party upon thirty
(30) day written or electronic notice. Customer shall be responsible
for all charges incurred through the effective date of termination.
Notwithstanding termination by notice as identified herein,
PortBridge reserves the right to immediately terminate Customer's
subscription due to any breach of this Agreement by Customer.
- Entire Agreement: This
Agreement is the entire agreement between the parties relating
to the subject matter hereof and supersedes all prior understandings,
writings, proposals, representations or communications,
oral or written, of either party. This Agreement may be
amended only by an instrument executed by both parties.
- Assignment: Customer shall
not assign any right, obligation, or liability arising hereunder
without PortBridge's prior written consent . Any such assignment
or attempted assignment shall be null and void.
- Applicable Law: This Agreement
shall be interpreted in its entirety in accordance with
the substantive laws of the State of North Carolina.
ACCEPTABLE USE POLICY
This Acceptable Use Policy specifies restrictions on customers'
use of Internet access services provided by PortBridge. Violation
of these conditions may result in termination of the customer's
Access to the Internet through PortBridge may be used only
for lawful purposes. Transmission, distribution or storage
of any material in violation of any applicable law or regulation
is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws.
System and Network Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability. PortBridge
will investigate incidents involving such violations and will
cooperate with law enforcement if a criminal violation is
suspected. Examples of system or network security violations
include, without limitation, the following:
- Unauthorized access to or use of data,
systems or networks, including any attempt to probe, scan
or test the vulnerability of a system or network or to breach
security or authentication measure without express authorization
of the owner of the system or network.
- Unauthorized monitoring of data or
traffic on any network or system without express authorization
of the owner of the system or network.
- Interference with service to any user,
host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast
- Forging of any TCP/IP packet header
or any part of the header information in an email or a newsgroup
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is
explicitly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of
Posting the same or similar message to one or more newsgroups
(excessive cross-posting or multiple-posting, also known as
"SPAM") is prohibited.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE USAGE CONDITIONS
BY A PORTBRIDGE CUSTOMER OR ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON BEHALF OF A PORTBRIDGE CUSTOMER OR CUSTOMER'S
END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY
SUCH CUSTOMER OR END USER.
PortBridge encourages full and fair use of PortBridge
and all services and information therein. Unlawful, infringing,
harassing, sexually explicit or obscene uses thereof shall
not be tolerated. Any such use may result in the immediate
termination of access to Internet services through PortBridge
and cancellation of your subscription.