Terms and Conditions
1. This agreement establishes the terms and conditions of ADSL for all Internet VOIP services (hereinafter referred to as "the Services" to a subscriber- hereinafter referred to as "the User") by Smart Member Services LLC. (hereinafter referred to as "the Provider"). Use of this subscription form or use of the Services constitutes agreement to the terms and conditions listed below. The Provider can, at any time and without prior notice, modify these terms and conditions.
2. The Services must be used only for legal purposes. The transmission or distribution of any material deemed in disagreement with the laws of U.S.A., of Deleware or of International laws is strictly forbidden. This includes, but does not limit itself to, materials protected by copyright, material judged to be abusive or obscene, materials protected by a confidentiality agreement or any form of electronic communication which may pose a threat to computer security. The broadcast of any of these types or materials, either written, graphical or in any other form, without the explicit permission of all authorities responsible is illegal and may lead to criminal legal proceedings. In particular, the exchange or transmission of "pirated" software will without warning lead to an immediate closing of the account, as well as criminal legal proceedings if applicable. If such a situation presents itself, the Provider will supply the authorities in charge with any and all pertinent information to facilitate the judicial proceedings. The User assumes the full responsibility of determining whether a piece of software is public domain.
3. Any attempt to illicitly infiltrate the Provider's systems, or any other system, is strictly forbidden. The voluntary spreading of a computer virus, or any other destructive program, over the Provider's network is forbidden and may lead to legal proceedings. Any infraction will, without warning, lead to an immediate closing of the account.
4. The Provider does not issue any guarantee as to the service provided. The Provider is not to be held responsible for any damages which may arise during the use of its Services including but not limited to the loss of data or emails, any problem arising from VOIP, delays, failed delivery or delivery to an incorrect recipient, or any service interruption caused by the Provider or the User, be it by error, forgetfulness or negligence. The use of any information obtained is at the risk of the User. The Provider declines any responsibility in respect to the exactitude or quality of information from either end of Internet traffic. The Provider declines any responsibility in respect to the actions taken in response to any information obtained through the Service.
5. The User is responsible for all acquisitions, configurations and maintenance of the materials and software used to access the Internet. If the Provider were to place at the disposal of the User one or many pieces of software, the User would be obliged to comply with all obligations accompanied by or related to the use of said software. If the software were to prove defective, the responsibility of the Provider is limited to the replacement of said defective software. The User has no rights to claim any compensation for any damages or consequences related to the use of such software. The User also acknowledges that the software is neither created by, nor for the Provider.
6. The Service activation is the date upon which the Provider activates the User's account. The user must give a 30 day notice to cancel his service. For a residential annual prepaid service the first six months are the double of the average monthly price and the last six months are free.
7. The User understands that payment is made in advance according to the method of payment selected on the Subscription Form. Any refused check will automatically be filed with "Overdue accounts" and is then payable within the briefest of delays. Any negligence, or non-payment, in respect to original payment and any additional bank charges may result in Service interruption and additional fees.
8. The User is forbidden from opening more than one connection per modem at any given time. The simultaneous use of multiple connections on the same modem will result in a penalty. The User is forbidden from sharing, or permitting the use of, his Service with other persons.
9. The User understands that any request for a modification to his username after its creation will result in non-reimbursable service fees.
10. The Provider reserves the right to end, without any prior notice, the Service to any User non- respectful of the terms laid out in this document, or using the network resources in an abusive or fraudulent manner.
11. The Provider reserves the right to end a year-long contract after giving 30 days notice, without having to state the reasoning.
12. Whatever the reason may be for the Provider's responsibility towards the User, this responsibility cannot exceed the value of one month of Service and the User agrees not to take legal action against the Provider in any way, shape or form.
13. The early cancelation penalty for business clients with contracts of 1 year or longer is 50% of the balance remaining on the contract. The Provider reserves the right to change its rate for the Service at the end of every period
14. The data transfer is limited (for information, please refer to your type of connection). All surplus use of band-width will be charged.
No Service guarantee
To the extent of limits permitted by the applicable laws, we make no guarantee or condition, expressed or implicit, including, but not limited to, any guarantee implicit or conditional of quality of the product, acceptable quality, sufficiency of service or of the device to any particular means, of title or absence of infringement, nor of guarantee or condition relative to commercial usage, course of dealing or administering method, nor any guarantee or condition that the service
will meet the User's needs. Notwithstanding the preceding, we offer no guarantee or condition that the service or the device will work without fault, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Smart Member Services LLC., nor any of its executive staff, administrators, salaried employees, affiliates, agents and any other supplier offering services, devices or products associated to those of Smart Member Services LLC. to its clients relative to the present agreement or to the Service, may be held responsible for unauthorized access to our transmission installations or subscriber's equipments (or your equipments), of unauthorized access, modification, theft or destruction of files, programs, procedures or information by any means, be they accidental, fraudulent or by any other method, no matter whether the damages incurred be the result of negligence on behalf of Smart Member Services LLC., its service providers or its providers. The statements and descriptions relative to the services and devices, if they are, by Smart Member Services LLC., its agents or installers, are of an informational value and as such do not constitute a guarantee or condition of any kind whatsoever.