Citizens Internet Services Terms and Conditions

GENERAL

• The benefits of or rights conferred are non-transferable. Use of Citizens Internet Services (CITIZENS) service is expressly limited to Customer and Customer's immediate family or direct employees. Account sharing is strictly prohibited and shall be cause for immediate termination of service.
• Customer is responsible for all equipment and software necessary to connect to CITIZENS service.
• Customer agrees to use the service in a manner consistent with any and all applicable laws.
• Use of Citizens Internet Services’ service for unsolicited advertising is prohibited.
• Customer is responsible for all use of account(s) and confidentiality of password(s). CITIZENS will suspend access or change access to Customer's Account(s) immediately upon notification by Customer that a password has been lost, stolen or otherwise compromised.
• Customer's use of CITIZENS Services constitutes Customer acceptance of these Terms of Service and Acceptable Use Policy.

BILLING

• Customer is responsible for all local or long-distance telephone charges for connecting directly to CITIZENS Services or indirectly via an intermediate access provider.
• Customer agrees to pay CITIZENS all charges relating to use of Customer's Account(s). Customer recognizes that there is a 30 day minimum subscription period.
• Sales and use taxes, and all other applicable taxes and levies which are applicable to the provision of services shall be borne by Customer, regardless of whom the taxes and levies are or were imposed upon.
• Access is subject to credit limits and/or security deposits established by CITIZENS. A credit limit is applied to all accounts. CITIZENS may suspend Customer's access to the service if Customer exceeds his/her credit limit unless prior arrangements have been made.
• CITIZENS reserves the right to change prices on 30 days' notice.
• All invoices are due upon receipt and payable within thirty (30) days unless other arrangements have been made in advance.
• CITIZENS reserves the right to suspend access to service for Customer's Account(s) upon an indication of credit problems including delinquent payments. A reconnection charge will apply after payment of any outstanding balance.

DOMAIN NAME RENEWALS

• It is Registrant's responsibility to watch the expiration terms and timely pay the renewal fees. CITIZENS will notify Registrant when renewal fees are due as a courtesy only. Failure to pay the renewal fee will result in domain name suspension and release of the domain name for use by others.

OWNERSHIP/COPYRIGHT

• Information available through CITIZENS services is the property of CITIZENS, its Information Providers, or other Customers. Customer shall not redistribute, reproduce, or commercially exploit such information without express written permission of its owner.
• Information Providers shall have the right to assert and enforce such copyright provisions directly on their own behalf.
• Customer submitting information owned by Customer for publication on CITIZENS grants CITIZENS non-exclusive permission to distribute the information product worldwide. Customer retains all rights Customer may have to such information.

WARRANTY DISCLAIMER

CITIZENS SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. CITIZENS DISCLAIMS ANY AND ALL WARRANTIES WITH REGARD TO THE SERVICES (WHETHER EXPRESSED OR IMPLIED), INCLUDING WITHOUT LIMITATION

• ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR TITLE
• ANY WARRANTY OF QUALITY, FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF THE SERVICES
• ANY WARRANTY OF THE ACCURACY, COMPLETENESS OR VALIDITY OF THE DATA OR INFORMATION COMMUNICATED THROUGH THE SERVICES
• ANY WARRANTY OF THE CONTINUOUS AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) SHALL CITIZENS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, GOODWILL OR INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF OR RELATING TO CITIZENS SERVICE (INCLUDING, WITHOUT LIMITATION, USE OR INABILITY TO USE THE SERVICES), EVEN IF CITIZENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL CITIZENS CUMULATIVE LIABILITY TO CUSTOMER EXCEED THE SERVICE CHARGES PAID BY CUSTOMER TO CITIZENS FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH LIABILITY IS CLAIMED.

• Neither CITIZENS nor its Information Providers are responsible for any damages or injuries arising from Customer’s use of CITIZENS service or inability to use CITIZENS service.
• CITIZENS is not responsible for undelivered e-mail. There is no guarantee of message receipt or delivery. Return receipts may be requested, but there is no guarantee that the recipient’s e-mail system will honor such requests.
• CITIZENS is not obligated to store the contents of Customer’s e-mail messages and is not obligated to produce copies of e-mail messages to Customer.
• CITIZENS is not responsible for Customer’s personal files residing on CITIZENS systems. Customer is responsible for independent backup of all such data. If Customer exceeds the published space limitation for personal files (Web space, e-mail, FTP, etc.), CITIZENS will notify the Customer via e-mail to reduce the file storage space. If Customer fails to reduce the storage space within the specified time period, CITIZENS reserves the right to delete files from the Customer’s personal space without further notice.
• CITIZENS reserves the right to delete mail messages stored on CITIZENS servers that are more than 30 days old if the customers mailbox has exceeded the maximum storage limit of 25 Mb for personal mail accounts, or if the mailbox has exceeded the 25 Mb limit and has not been accessed within the past 30 days unless prior arrangements have been made with CITIZENS network operations.
• Customer is hereby warned that some sites accessible via CITIZENS service allow posting, viewing, retrieval, and/or electronic mailing of materials that may be considered obscene, offensive, inaccurate, incomplete, defamatory, harmful or objectionable. CITIZENS is not responsible for Customer’s inadvertent or deliberate access to such material and cannot prevent access of such materials.

OPERATION

• CITIZENS reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered.
• CITIZENS reserves the right to delete Customer's personal files which have not been accessed for more than one (1) month.
• Customer understands that CITIZENS service may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. Scheduled outages will be publicized online.
• CITIZENS shall not be liable for any delay in or failure to perform the services caused by circumstances entirely beyond its control such as those occasioned by acts of God or other causes or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.
• CITIZENS reserves the right in its sole discretion to delete any information entered into CITIZENS computer systems by Customer. CITIZENS and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.