Internet Expressway

Please read the following carefully. If you have any questions, feel free to contact us at support@ieway.com

In consideration of the Internet access and or other services or subscription (the "Services") being provided to you by the Company (as herein defined), you agree to the terms and conditions of this Customer Use Agreement (the "Agreement"). If at any time you choose not to agree to all or any of the following terms and conditions, you must notify the Company immediately, in writing, to cancel your account.

1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN OR UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.

2. You agree to protect and indemnify the Company against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by the Company.

3. You agree that your username and password and changes to both of these items are your responsibility.

4. The modems utilized by the Company to provide the Services are engineered for speeds up to 56k flex connectivity. However, the Company cannot guarantee a 56k connection if telephone company facilities or your modem are unable to support this connection speed. Nor can we or will we guarantee functionality of or compatibility with third party software or hardware.

5. The Company shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, the Company shall in no event be liable for any long distance charges billed to the customer.

6. You acknowledge that the registration of a domain name confers no legal right (including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

7. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. Notification of change shall be posted on the company’s website and or sent to the e-mail address we have on file for you at that time. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

8. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at anytime for any reason.

9. You understand that the services provided by the Company may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. The Company shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, 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.

10. You agree that this service is governed by the Laws of the State/Province in which the Company resides. You agree that the County in which the Company is located shall be the forum for any legal action relating to the services provided.

11. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

12. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you sign up for or set up and/or first use the Company's services, including but not limited to access to the Internet, e-mail and /or support, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.

13. The company will not forward your e-mail or website after you have canceled services. If you choose to terminate your account with the Company, all services will cease. It is recommended that you continue your account with the Company for as long as necessary for forwarding purposes. As long as the Company forwards your email or website, you will be responsible for all costs incurred.

14. The Company bills for most services in advance. Purchasers of the Company's services agree to be bound by the Uniform Consumer Credit Code of the State in which the Company resides. A service charge of 1 1/2% per month will be charged on all past due amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs. You are responsible for all service fees regardless of usage.

15. Billing invoices and or statements will be sent via e-mail. It is your responsibility to pay for your subscription or service, on time, regardless of receipt of an invoice or statement. If you wish to have your billing statement sent to you via postal mail or fax, you will be assessed a $5.00 fee for each bill sent.

16. Accounts are billed in advance. Payments may be made by cash, check, or by automatically processing your credit card. The set-up fee if any, covers the accounting and software charges, and is non-refundable.

17. All credit cards or debit cards will be charged automatically for each billing period. By providing the company your credit card or debit card information, you are authorizing the company to charge any and all services rendered, to that card, until such authorization is canceled in writing as per the account cancellation policy. If you have any questions or disputes regarding any charges levied by the company you agree to contact the billing department for resolution prior to filing any disputes with the merchant card company or banking institution. If you dispute a valid credit card charge levied by the Company, your account with the Company will be disabled and you will be charged a minimum $40.00 service fee for each dispute and all related collection charges, and your account will be forwarded for further collection actions.

18. Refund Policy. Setup, software, programming, service fees and shipping are non-refundable. Accounts which have been discounted for advance payment such as quarterly, semiannual, annual and some promotional accounts may be refunded for unused periods; however those accounts will be back billed at the pre-discounted rate before a refund, if any, will be issued. All refunds may be issued in the same manner as the initial payment, (i.e. check via check, credit card via credit card, etc.) A refund processing administration fee of $10.00 will be charged for all refunds processed. All refund requests are processed by the accounting department. The company does not prorate services. Services are billed in full increments regardless of usage. All refund requests must be received 5 days prior to your next billing date to avoid further service charges. Please allow four (4) to (6) six weeks processing for any refund. Any disputes or concerns should be directed to billing@ieway.com

19. Cancellation of Service. For your protection as well as ours, all cancellations must be submitted in writing. Moving your website or not accessing the services does not constitute cancellation or termination of any subscription or service. The company incurs costs by making the services available to you, regardless of usage. You will continue to incur fees if you do not properly cancel your account. You must cancel your account as described. No cancellations by e-mail or phone will be accepted. All cancellation requests must be received in our offices at least 5 business days prior to your next billing cycle to prevent further service charges. All requests received beyond this date will be processed on your next billing cycle. Please send your cancellation request by U.S. Mail or fax to the following address:

IE-WAY

PO Box 3976
Spokane, WA. 99202

Fax number (888) 311-7769

The following items must be included in the cancellation letter:

Full name, address and registration number
Username and/or Email Address
A Description of the services to be terminated. (Please be specific.)
Signature of account holder

We also ask that you include the reason for cancellation so we may better serve our existing and future customers.

20. As a subscriber to the Company's services and using personal web space, you are not permitted to use that personal web space for commercial business purposes. (EBay and similar auction transactions are ok.)

21. With respect to dial-up accounts, the Company's usernames are limited to one dial-in at a time. Multiple concurrent dial-ins using the same username are not permitted. This limitation does not apply to email or any other aspect of your account. Abuse and violation of the rules may result in termination without refund.

22. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. The Company reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time (approximately in excess of 150 hours per month, the general industry standard for determining abuse, or an excessive use per day exceeding a normal work day). The Company has implemented an abuse prevention program and has the discretion to apply network management techniques, idle timers, maximum concurrent connect timers, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating the Company's policies. These parameters may be changed at any time at the Company's discretion. If you require a dedicated connection, you should notify the Company, which may offer a dedicated connection in your area.

23. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:

20(a). First offense: $100.00

20(b). Second offense: $500.00

20(c). Third offense: $500.00 and automatic termination of your account.

24. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. The Company reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company. A violation of this policy will result in the immediate termination of your account.

25. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.

26. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.

27. As used in this Customer Use Agreement, the term the "Company" refers to Internet Expressway, IE-WAY, its parent company and any affiliates.