DSL Services Terms & Conditions

Services: Customer agrees to purchase network access services from Veraciti, Inc. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Customer shall be responsible for insuring that such equipment is compatible with the Services. The maximum throughput rate which is not guaranteed depends on such factors as the distance of the Customer’s premise from a DSL serving center and the quality of the copper telephone line serving the premise. Services provided by Veraciti are for sole use of the Customer and not for resale of any kind without the prior written consent of Veraciti, which may be given in its sole discretion. In the event the Customer attempts to resell the Services, Veraciti may at its sole discretion, increase the fees associated with the Services, or terminate the Services. Business DSL Customer’s must provide one 10 Mb half-duplex connection (10 base T) at their own expense.

Billing: Customer agrees to pay all charges to Customer’s account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid due and or rejected credit cards or checks. Monthly fees are non-refundable. The initial payment may include non-recurring installation charges including, but not limited to equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at sole discretion of Veraciti. A Customer’s account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month of the outstanding balance on Customer’s account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law), if payment is not received by Veraciti within five (5) days from the payment is due. Veraciti DSL pricing is subject to change with sixty (60) days notice.

IP Address: IP Addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Veraciti and/or the American Registry for Internet Numbers (ARIN).

Restrictions: Residential Customers agree not to use any servers in conjunction with the Services, including but not limited to, Electronic Mail, NAT, DHCP, and DNS servers. In the event any Residential customer attempts to utilize a server on the network, Veraciti may, at its sole discretion, either to increase the fees associated with the services, or terminate the service.

Inside Wiring and Installation: Customer acknowledges that the inability of Customer’s or third party’s facilities to access the Services or other operational impediments may preclude or delay delivery of Services. Customer acknowledges that the installation representative may require inside wiring to complete Services delivery at an additional hourly or other charge. Customer further acknowledges this charge will occur at the sole discretion of the installation representative. Customer may upgrade/downgrade DSL Service speed for a one-time fee per event.

Term/Cancellation: Customer agrees to maintain Services either for one year or two year term period from the Services activation date (the “initial term”). Customer may terminate the Services at the end of the Initial Term or any renewal term by providing written notice to Veraciti not less than sixty (60) days prior to the expiration of the term. Services will automatically renew for consecutive one (1) year terms unless either party gives written notice of non-renewal at least three (3) months prior to the expiration of the then current term.

Early Termination: A customer who terminates the Services after Acceptance, but prior to the Services activation date will be charged a $350.00 order cancellation fee. A Customer who terminates the Services prior to the end of the Initial Term, will be liable for any or all of the following termination charges: (1) an amount equal to the recurring monthly charge multiplied by the number of months remaining on the Initial Term; (2) an additional termination charge of $500.00 or an amount equal to any promotional credit, discount, or fee waiver (if applicable) provided to the Customer. Termination charges are billed in one lump sum and shall be payable immediately upon termination.

Reconnect Fee: If Customer’s Service is terminated due to non-payment and/or abuse, Customer agrees to pay a reconnection fee if Service is reactivated.

Customer Communications: All Customer communications related to the DSL service installation and on-going support must be conducted with Veraciti. Failure to follow these conditions will result in a $250.00 fee per incident should the customer bypass Veraciti and communicate directly with Veraciti’s DSL Partner.

Optional Service: In the event Customer requires additional Services, such as configuration of router to LAN, or general network Services, IP addresses beyond the allotted amount, changes to IP address’s, domain name transfer, Customer will be charged accordingly.

Customer Representations and Warranties.
(A) Customer represents that neither Customer, its agents nor employees shall utilize any of the services described herein for: illegal purposes; transmission of threatening, obscene, or harassing materials; or interference with or disruption of network users, services or equipment. For the purposes of this contract, disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network. It is assumed that the information and resources accessible on or through any of the Services are private to the individuals and organizations which own or hold rights to those resources and information, unless specifically stated otherwise by the owners or holders of those rights. It is therefore not acceptable for an individual to use any of the Services to access information or resources unless permission to do so has been granted by the owners or holders of rights to those resources or information.
(B) Customer represents and warrants to Veraciti:
(1) That the name which it has requested to register (if applicable), or the name that Customer has registered, on its behalf with the Internet Network Information Center (Inter NIC) does not and will not infringe or conflict with any trademark, trade name, service mark or any proprietary right of any third party; and
(2) That Customer will not use any of the services described herein in any way or engage in any conduct which will (whether intentionally or not) infringe on any copyright, trademark, service mark, trade name, patent, trade secret or other intellectual property or proprietary right or right of publicity or privacy of, or libel, slander, defame or disparage, any third party ("Third Party Claims"), or create risk of liability for Veraciti with respect to any Third Party Claims or cause Veraciti to become a party to any action or proceeding involving Third Party Claims.

See also: VERACITI'S GENERAL TERMS AND CONDITIONS