Terms and Conditions

Agreement between the Parties: These Terms and Conditions reflect the entire agreement of the parties and supersede all prior oral or written agreements of the parties. Conveyance by the Customer to Southern WV Community and Technical College of personal information necessary to set up an account (name and address, bank account numbers, credit card numbers, etc.) shall constitute the Customer's acceptance of these Terms and Conditions.

1. Usage. Southern’s services and systems shall be used by Customer for lawful purposes only. Customer shall not at any time: (a) transmit any content or material which violates any federal, state or local laws, regulations or ordinances; (b) transmit any content or material which is threatening, obscene, offensive or violates trade secret or intellectual property rights; (c) violate "netiquette" by, for example spamming, sending unsolicited mass e-mailings which provoke complaints from recipients, harassing or threatening others on the Internet or impersonating another user or otherwise falsifying one's true user name; or (d) otherwise violate these Terms and Conditions. Southern shall have no duty to monitor or censor content or material used by Customer. However, if Southern in its sole discretion determines that any content or material or other use of Customer's account violates these Terms and Conditions, Southern shall have the right, at its sole discretion, to remove such content or material from its system and/or suspend or terminate the provision of services to Customer. All content and material utilized in Customer's Web Page or Web Site, if any, shall be the property of Customer and not Southern. Customer agrees not to introduce any virus onto the Internet or Southern’s Systems. Customer understands that Southern does not own or control many of the various facilities, telecommunication lines, computing resources and other equipment utilized to provide Internet access and other services. When using networks, computing resources and other facilities and equipment of other organizations, Customer must comply with all applicable rules, terms, conditions and policies of such organizations.
    

2. No Warranties. Southern provides all of its services, equipment, and software to Customer on an AS IS and AS AVAILABLE BASIS, and SOUTHERN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, all of which warranties are expressly disclaimed by Southern except to the extent that such warranties may not be disclaimed under applicable law, with regard to Southern’s services, equipment, and/or software.  No oral advice or written information provided by Southern shall constitute a warranty. Customer agrees that its use of Southern’s services, equipment, and software is at Customer's own risk and that Southern shall not be responsible for damages of any kind including without limitation damages resulting from delay, interruption of service, data loss, or the use or inability to use Southern’s services. Customer is responsible for independent backup of Customers' data stored on Southern.
    

3. Payment. Customer agrees to the fees, billing procedures and payment schedule set forth herein. Payment under all circumstances is IN ADVANCE for services. All fees are subject to change by Southern upon not less than thirty (30) day's notice to Customer in writing or by E-Mail transmission. Each month the billing cycle for all accounts shall be the anniversary date the account was established. Customer is responsible for payment of all local and/or long distance telephone charges for connecting to the Internet using Southern. A service fee of $15.00 will be applied to all checks returned for Non Sufficient Funds (NSF).
    

4. Internet Information. Southern exercises no control over the content of information accessible on the Internet. Customer understands that some information accessible on the Internet may be offensive or, in certain instances, obscene. Reliance on, exposure to, or use of any information obtained via Southern is at Customer's own risk and Southern specifically denies any and all responsibility for the accuracy or quality of information obtained on the Internet.
    

5. Intellectual Property. Customer is solely responsible for the protection of any copyright, trademark or other intellectual property right which Customer may have or claim in any of Customer's material or content utilized in Customer's Web Page or Web Site, if any, or otherwise. Customer warrants that it has the right to any and all copyrights, trademarks or intellectual property used on or in connection with it's Web Page or Web Site and grants Southern the right to display such in connection with its obligations under this agreement. Each party warrants that it has the right to use and display the software and data used in connection with its respective obligations under this agreement.
    

6. Liability. Customer agrees that Southern shall not be liable for any direct, indirect, incidental, consequential or other damages resulting in any way from Customer's use of, or inability to use, Southern’s services, equipment, and/or software. Customer agrees to indemnify and hold harmless Southern, its affiliates and agents, from and against any and all claims, liabilities, damages, and expenses, including attorney's fees, resulting or alleged to result in any way from (a) Customer's use of , or inability to use, any services provided by Southern, (b) Customer's use of, or inability to use, equipment or software, and/or (c) Customer's violation of these Terms and Conditions.
    

7. Internet Access Services. With regard to Southern’s Internet access service, only one concurrent user is permitted per connection, and multiple concurrent log-ins on a single account are not permitted. Unlimited Internet access is on an 'as needed' basis only. Customer's connection to the Internet for extended periods of time is prohibited. Southern reserves the right to monitor a Customer's usage of Internet access for the purpose of determining whether it violates this provision. If, in the sole opinion of Southern, Customer is connected to the Internet for excessive periods of time, Southern shall provide Customer with a warning (via email) of Customer's violation hereof. If the violation is not cured within three (3) business days, Southern may immediately terminate the provision of services to Customer without further notice.
    

8. Security and Confidentiality Issues. Customer understands that Southern is unable to prevent others from invading or breaking into Customer's physical network or other systems, and Customer agrees that Southern shall not be liable in any way to Customer for any such invasion or break in.  Customer understands that any such "firewall" provides no guarantee against invasion or break in. Customer is solely responsible for all use of Customer's account(s) and confidentiality of all passwords. E-Mail and other transmission transmitted over the Internet are, in many cases, not secure, and Southern cannot guarantee the protection or privacy of any information. Customer understands that private and confidential information should not be placed onto the Internet.
    

9. Cancellation. Customer may terminate its account by providing notice of cancellation to Southern by telephone, in writing or by E-Mail transmission. Southern does not provide refunds, either on a pro-rated or lump-sum basis, for any services paid in advance but subsequently canceled. In the event of a delinquency of Customer's account or violation (in the sole opinion of Southern) of any of these Terms and Conditions by Customer, Southern may suspend or terminate (without prior notice) provision of services to Customer. Cancellation by Southern or Customer, and/or Customer's failure to use services, shall not relieve Customer's obligations hereunder including with limitation payment of any fees and late payment charges due and payable.
    

10. Agreement between the Parties: These Terms and Conditions reflect the entire agreement of the parties and supersede all prior oral or written agreements of the parties. Conveyance by the Customer to Southern of personal information necessary to set up an account (name and address, bank account numbers, credit card numbers, etc.) shall constitute the Customer's acceptance of these Terms and Conditions.
     

11. Southern reserves the right to modify these Terms and Conditions upon not less than thirty (30) day's notice to Customer in writing, by E-Mail transmission or notice posted on Southern’s Web Site www.southern.wvnet.edu. Usage by Customer of Southern’s services after such thirty (30) day notice period shall constitute Customer's acceptance of the modified Terms and Conditions. Southern reserves the right to change, upon reasonable notice, access or dial-in procedures, hours of operation, commands, and other aspects of its services. Non-enforcement of any provision herein does not constitute consent, and Southern reserves the right to enforce these Terms and Conditions at its sole discretion. Customer's account with Southern is not transferable without Southern’s consent. These terms and conditions shall be governed by and construed in accordance with the laws of the State of West Virginia.

Last Update - 05/21/2007