Eltopia Internet Services™ Internet Service Agreement
Read This Internet Service Agreement Carefully Before
Using Our Internet Services.
Eltopia Internet Services, Inc. ("Eltopia Internet Services") provides its
Internet services, as they may exist from time to time ("Services"),
to users who pay a service fee to subscribe to the Services ("Members")
as well as to those who access some of our Services but do not have
accounts ("Visitors"). By establishing an account or using
the Services, you agree to be bound by this Agreement and to use the
Services in compliance with this Agreement, our Acceptable Use Policy
and other policies.
If you do not agree to the terms and conditions of this
Agreement, including any future revisions, you may not use the Services
and if you are a current Member, you must terminate your use of the
Services under Section 10.
Members must be at least 18 years old. Local access dial-up
numbers may not be available in all areas. You are solely responsible
for determining if use of a particular dial-up number will cause you
to incur long-distance, toll, or other charges. Eltopia Internet Services is not responsible
for any long-distance, toll or other telecommunications charges you
incur. Toll-free (800 #), international, and simultaneous login access
costs are extra. Current prices for Eltopia Internet Services's Services are posted
throughout our website at http://www.eltopia.com. These rates may also
be obtained by calling (877) 227-4679. Eltopia Internet Services reserves the right
to change prices and institute new fees at any time upon 30 days prior
Payment obligations of a member.
Members must (i) provide Eltopia Internet Services with accurate and
complete billing information including legal name, address, telephone
number, and credit card/checking account/billing information, and (ii)
report to Eltopia Internet Services all changes to this information within thirty
(30) days of the change. Members are responsible for any charges to
Members having questions regarding charges to an account, should contact
Eltopia Internet Services's Customer Service Department at (877) 227-4679. All charges
are considered valid unless disputed in writing within sixty (60) days
of the billing date. Adjustments will not be made for charges that are
more than 60 days old.
Charges are billed to Members' credit cards, debit cards or checking
accounts, as applicable, each month for the basic service and any additional
usage or services. Eltopia Internet Services is not responsible for any charges or
expenses (e.g for overdrawn accounts, exceeding credit card limits,
etc.) resulting from charges billed by Eltopia Internet Services.
If paying by check, payments must be received before the start
of the next service interval.
Delinquent accounts may be suspended or canceled at Eltopia Internet Services's sole
discretion; however, charges will continue to accrue until the account
is canceled. Eltopia Internet Services may bill an additional charge to reinstate
a suspended account.
Member's account, password, and security.
Upon registration, Members receive a username, password, and account
designation. You and members of your household or business, if you have
purchased a business account, are the only authorized users of your
Eltopia Internet Services account and must comply with this Agreement. You must keep
your password confidential so that no one else may access the Services
through your account. You must notify Eltopia Internet Services immediately upon discovering
any unauthorized use of your account.
Members agree not to use any automatic method to avoid
inactivity disconnect or to otherwise maintain a connection unless actively
using it. Members agree not to provide any public information services
over a dial-up connection.
Eltopia Internet Services may change its POP numbers at any time. Eltopia Internet Services
reserves the right to direct Members to use certain numbers to access
the Service or to restrict use of specific access numbers. Usernames,
passwords and email addresses are Eltopia Internet Services's property and Eltopia Internet Services
may alter or replace them at any time.
Monitoring the services.
Eltopia Internet Services has no obligation to monitor the Services, but may do so
and disclose information regarding use of the Services for any reason
if Eltopia Internet Services, in its sole discretion, believes that it is reasonable
to do so, including to: satisfy laws, regulations, or governmental or
legal requests; operate the Services properly; or protect itself and
remove your material or information from Eltopia Internet Services's servers, in whole
or in part, which Eltopia Internet Services, in its sole and absolute discretion,
determines to infringe another's property rights or to violate our Acceptable
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS
BEING OFFERED BY Eltopia Internet Services, Eltopia Internet Services DOES NOT CONTROL ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS
UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. Eltopia Internet Services HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE
OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS,
AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Eltopia Internet Services DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Eltopia Internet Services MAKES NO EXPRESS WARRANTIES AND WAIVES
ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH
Eltopia Internet Services OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN
BY Eltopia Internet Services OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Eltopia Internet Services
AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING
ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, Eltopia Internet Services'S CUMULATIVE LIABILITY
TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES
SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE
Eltopia Internet Services grants to each Member a limited, nonexclusive, nontransferable
and nonassignable license to install and use the Eltopia Internet Services access
software (including software from third-party vendors that Eltopia Internet Services
distributes; in object code format), its associated documentation, and
any updates thereto ("Licensed Programs") in order to access
and utilize the Services. Each Member agrees to use the Licensed Programs
solely in conjunction with the Services and for no other purpose. Eltopia Internet Services
may modify the Licensed Programs at any time, for any reason, and without
providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary
information of Eltopia Internet Services and Eltopia Internet Services's licensors and embody trade
secrets and intellectual property protected under United States copyright
laws, other laws, and international treaty provisions. All right, title,
and interest in and to the Licensed Program, including associated intellectual
property rights, are and shall remain with Eltopia Internet Services and Eltopia Internet Services's
licensors. Member shall not translate, decompile, reverse engineer,
distribute, remarket, or otherwise dispose of the Licensed Programs
or any part thereof.
You may not download, use, or otherwise export or re-export
the Licensed Programs or any underlying information or technology except
in full compliance with all United States and other applicable laws
and regulations. By installing or downloading the Software, you represent
and warrant that you are not located in, under the control of or a national
or resident of any country on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders.
Web site usage.
Our site on the World Wide Web with its home pages in the domain "Eltopia Internet Services",
or any other site operated by Eltopia Internet Services (the "Web site")
is a complimentary information service offered by Eltopia Internet Services at no
charge to users.
We may provide links on the Web site to other Web sites
which are not under our control. In general, any Web site which has
an address (or URL) which does not contain "Eltopia Internet Services",
is such a Web site. These links are provided for convenience only and
are not intended as an endorsement by Eltopia Internet Services of the organization
or individual operating the Web site or a warranty of any type regarding
the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another
Web site, provided that: (a) the link must be clearly marked "Eltopia Internet Services",
(b) the link must "point" to the URL "http://www.eltopia.com"
and not to any other pages within the Web site, (c) the appearance,
position and other aspects of the link may not be such as to damage
or dilute the goodwill associated with our name and trademark(s), (d)
the appearance, position and other aspects of the link may not create
the false appearance that an entity is associated with or sponsored
by Eltopia Internet Services , (e) the link, when activated by a user, must display
this Web site full-screen and not within a "frame" on the
linked Web site, and (f) Eltopia Internet Services may, in its sole discretion, revoke
consent to link to our website at any time. All other hypertext links
to the Web site must be approved in writing by Eltopia Internet Services.
Term of agreement.
Continued use of the Services constitutes acceptance of this Agreement
and any future versions. If you are dissatisfied with the Services or
any related terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the Services
and, if you are a Member, to terminate your account.
You may terminate your account at any time and for any reason by providing
notice of intent to terminate to Eltopia Internet Services by:
registered or certified mail, return receipt requested
PO BOX 40
Eltopia, WA 99330
Or telephone calls directed to Customer Service at (866) 358-6742.
Email termination of your basic Internet access account
will not be accepted. To terminate DSL or Web Hosting and/or Business
Services, you must call (866) 358-6742. Your termination will only be
complete upon your receipt of a cancellation confirmation number from
Eltopia Internet Services. Charges to your account will stop accruing the day Eltopia Internet Services
provides you with a cancellation confirmation. Based on your billing
cycle, charges accrued prior to your termination may apply after you
receive a cancellation confirmation. Email cancellation requests will
not be accepted. If your account included space on Eltopia Internet Services's servers,
anything stored on this space will be deleted upon termination. Cancellations must be
made by the 25th of the current month to deactivate in the current month. Cancellations
received after the 25th will be processed for the next month. No refunds are available for
subscriptions paid for in advance; this applies to quarterly, semi-annual and/or annual
Without prior notice, Eltopia Internet Services may terminate this Agreement,
your password, your account, or your use of the Services, for any reason,
including, without limitation, if Eltopia Internet Services, in its sole discretion,
believes you have violated this Agreement, our Acceptable Use Policy,
or any of the applicable user policies, or if you fail to pay any charges
when due. Eltopia Internet Services may provide termination notice to you by: email
addressed to your email account or by US Mail or courier service to
the address you provided for the Services. All notices to you shall
be deemed effective on the first (1st) calendar day following the date
of electronic mailing or on the fourth (4th) calendar day following
the date of first-class mailing or deposit with a commercial courier
Sections 3, 4, 6, and 11 of this Agreement shall survive
termination of this Agreement.
Under California Civil Code Section 1789.3, Members or Visitors who
are residents of California are entitled to the following specific consumer
rights information: the Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be contacted
in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone
This Agreement is governed by Washington law without regard
to conflict of law provisions.
The federal and state courts located in Washington alone
have jurisdiction over all disputes arising out of or related to this
Agreement and the Services. You consent to the personal jurisdiction
of such courts sitting in Washington with respect to such matters or
otherwise between you and Eltopia Internet Services, and waive your rights to removal
or consent to removal.
other user policies posted on Eltopia Internet Services's Web site constitute the
entire agreement between you and Eltopia Internet Services with respect to your use
of the Services.
Eltopia Internet Services may revise, amend, or modify this Agreement,
the Acceptable Use Policy and any other user policies and agreements,
at any time and in any manner. Notice of any revision, amendment, or
modification will be posted on Eltopia Internet Services's Web site (http://www.eltopia.com)
and/or on Member's start pages and/or by email and/or in our various
publications and mailings to Members.