Agreement for Network Access to Internet Services

This InLine Internet Access Service ( “Service”) is being provided to you, the end-user (“You”), by Contact Network Inc. d/b/a InLine (“We” or “Us” or “InLine”). Please read the accompanying materials and all pages of this agreement (collectively referred to as “Agreement”) before proceeding. You are authorized to access and use this Service when You have completely filled in all the required registration information and indicated Your agreement with terms of this Service by selecting I accept below.  If you do not accept these terms you may select I decline, but your access to the InLine Internet Access Service will be discontinued.

This Agreement, its Fee Schedule, (if executed) the InLine Master Services Agreement, and Your registration information are the complete agreement between You and InLine regarding this Service and replace any prior oral or other communications between us. In case of any conflict between the Agreement and its Fee Schedule, the Fee Schedule shall take precedence.

YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE. For additional information about how to cancel your account, please contact our help desk at 205-314-7788 or support@inline.com.

1) Charges

You may incur Help Desk Assistance charges as specified in the Professional Services Rate Schedule available from www.InLine.com when using this Service if a problem is determined to be outside the scope of the InLine provided equipment and service.

We may, at Our option, elect to accept Your credit card for payment. If You have provided us with Your credit card for payment and We have accepted this mode of payment, all charges that You incur for use of the Service will be debited to the credit card number You provide to Us.  Additionally, you agree that InLine may pre-charge your monthly Service fee to the credit or charge card supplied by you during activation or subscription. You hereby authorize automatic credit or charge card billing by InLine for all such charges.  Should You decide not to use the Service, You must cancel Your registration or You will be invoiced for the relevant charges for the Service. You are responsible for providing and updating all credit card information required for Us to debit valid charges to the card. We may take commercially reasonable actions to validate Your credit card. Should this credit card number expire or should We otherwise be unable to debit valid charges to this credit card number, We may immediately and without notice withdraw (revoke) Your access to the Service. We may cancel (terminate) your account if your account is in a revoked status for one year or longer.

If you choose not to use a credit card for payment, access service charges will be paid on a quarterly basis and are due and payable in advance.  If your payment is not received by your quarterly anniversary date We may immediately and without notice withdraw (revoke) Your access to the Service. We may cancel (terminate) your account if your account is in a revoked status for one year or longer.

2) Description

Under this Agreement, We provide You access to and use of the Service for the specific purpose of enabling You to access the Internet and offerings available on the Internet.  access is via wired or wireless service which We provide to You. When You use the Service, You will incur charges in accordance with the Fee Schedule. In addition, You are responsible for any PTT or telephone charges You incur in accessing the Service.

With regard to Internet offerings, You are responsible for:

1. determining what offerings are available via the Internet and whether or not an offering meets Your requirements;

2. obtaining user IDs in order to access other offerings and contacting the provider directly if You have problems with their offering;

3. obtaining and adhering to all other terms associated with usage of Internet, a specific Internet offering, or an intermediate provider´s offering which We use for access to the Internet.

3) Access to Internet Service Description

We provide only access to the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, We shall not be responsible for user/access security.
Each Internet provider owns, maintains, and/or supports its offering. Availability and content of an Internet offering are the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. We do not endorse such materials and disclaim any and all liability for their content.

4) Electronic Communications

Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications:

1. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender´s identity and the communication´s authenticity;

2. an electronic communication sent by You containing Your User Identification establishes You as its originator and has the same effect as a document with Your written signature on it: and

3. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

5) General Terms

In the event that You maintain an electronic mailbox under this Service, and 1) Your mailbox has not received mail within the past 90 days and 2) You have not accessed the mailbox within the past 90 days; then We may delete the entire contents of the mailbox.

Each of us agrees that:

1. except for registration information (including Your credit card information), all information exchanged by both of us is nonconfidential;

2. unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by giving notice to the other, in such case the Agreement will terminate at the end of the month in which notice is given;

3. any terms varying from this Agreement in any order, written or electronic communication from You are void;

4. neither of us grants the other any license to use either party´s patents, copyrights, trade secrets, or other intellectual property rights;

5. neither party will bring a legal action more than two years after the cause of action arose;

6. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force;

7. this Agreement and all Your rights and obligations are governed by the laws of the state in which InLine is located

6) Our Responsibilities

We will:

1. provide You with a User Identification code to enable access to the Service. The Service allows You to enter and maintain Your registration information;

2. send any electronic notice to You at the User Identification code We provide You;

3. provide You with a network termination device to enable You to connect to the Service;

4. provide You electronic or written notice if We change or terminate this Agreement, increase Service charges, or change invoicing procedures. Such changes shall be effective immediately; and

5. provide access to the current Agreement and any succeeding Agreement, as applicable so that You may retrieve it or view it online.

7) Your Responsibilities

You agree:

1. that You are entitled to contract without the consent of another person;

2. to review any Agreement updates We provide. Your continued use of the Service shall be construed as Your acceptance of the updated Agreement terms;

3. to provide to Us, Your accurate and truthful registration information (such as Your name, address, telephone number and credit card information) and to keep current all registration information, using the Service;

4. that We may use Your InLine provided e-mail address to communicate with you;

5. not to assign, or otherwise transfer, this Agreement or Your rights under it, delegate Your obligations, or resell the Service. Any attempt to do so is void;

6. that You are responsible for the results obtained from the use of the Service;

7. not to introduce viruses, worms, harmful code and/or trojan horses on the Internet;

8. to obtain, install, and maintain suitable equipment and software as necessary to access the Service;

9. not to use the Service for any criminal or illegal activities, or post any information that might be legally actionable;

10. not to use the Service for spamming or flaming to hack or otherwise obtain unauthorized access;

11. not to seek redress from InLine if You are harmed or offended by information, products or services which You access through the Service or other Internet offering provider´s service;

12. be responsible for accurately addressing information sent using the Service;

13. to obtain all required permissions if You use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

14. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data;

15. not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner;

16. to give all required notices under this Agreement by calling Your InLine’s Help Desk at 205-314-7788;

17. to pay any taxes, including personal property taxes, resulting from Your use of the Services provided under this Agreement. This does not include taxes based on Our net income;

18. to pay charges for all Service usage You incur by any means;

19. to have the invoice sent directly to You and to pay Internet offering provider charges if associated with Your usage of their offering;

20. to promptly notify Us if you suspect unauthorized use of the Service or your User Identification. Until notified, You remain responsible for unauthorized use. Liability for use of a credit, debit or charge card remains subject to Your agreement with Your card issuer;

21. to provide Us with the requested identification when requesting password reset or in connection with other security matters; and

22. to indemnify the local Service provider and Our Licensors for any damages or costs associated with Your breach or failure to perform Your responsibilities hereunder.

8) Disclaimer of Warranty and Limitation of Liability

WE WARRANT THAT, IF AN END-USER IS DISSATISFIED WITH THE SERVICE OR ANY FEATURE PROVIDED IN OR THROUGH THE SERVICE, AND INLINE IS UNABLE TO REMEDY THIS DEFECT WITHIN 90DAY, UPON NOTICE FROM THE END-USER, WE WILL TERMINATE THE AGREEMENT AND, UPON REQUEST REFUND THE UNUSED PORTION OF ANY PREPAID FEES FOR THE CURRENT MONTH AND ANY FUTURE MONTHS, LESS ANY BALANCES OTHERWISE DUE US. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.

THE SERVICE, PROGRAM AND ANY OTHER PRODUCT WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR PROGRAM, SERVICE, AND/OR RELATED PRODUCTS THAT WE OR OUR LICENSORS PROVIDE OR THE SERVICE AND/OR PRODUCTS OF ANY OTHER SERVICE PROVIDER. DO NOT USE THE PROGRAM, SERVICE OR RELATED PRODUCTS IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY´S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM, SERVICE OR PRODUCTS ARE ERROR-FREE.

WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS´, LOCAL EXCHANGE CARRIERS´, OR OTHER PROVIDERS´ FACILITIES.

WE, INCLUDING OUR LICENSORS, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED PRODUCTS WE PROVIDE OR ANY OTHER SERVICE PROVIDER´S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY´S INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT ARE WE OR OUR LICENSORS LIABLE FOR : A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

This Section applies to all claims by You irrespective of the cause of action underlying Your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort, including but not limited to negligence or misrepresentation.

In no event are We or Our Licensors liable for any damages arising from Your failure to perform Your responsibility in connection with this Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of Our obligations or misuse of Your Userids. All limitations and disclaimers stated in this Section also apply to Our Product Licensors as intended beneficiaries of this Agreement. Any rights or limits stated herein are the maximum for which we are collectively responsible.

9) Your Additional Rights

You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to You.

10) Handling of Your Information

We maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control.

You are responsible for management of Your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space You control, and your selection and use of the security facilities and options that We provide as Services. Apart from the Services We provide, You are responsible to develop and maintain any security procedures You deem appropriate, such as logon security and encryption of data, to protect Your information.

Solely for the purposes of network maintenance, We may need to view and work with portions of the data You transmit over our network such as address header information. You agree that We may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute Your data domestically and internationally for such purposes. We agree not to reverse assemble, reverse compile, or to disclose to third parties the information You transmit over our network while using the Service (unless required by law, court order, an authorized government entity, or as otherwise authorized by You).

Either of us is free to use an idea, concept, know-how, or technique developed or provided by the other or developed jointly by both of us, subject to patents and copyrights held by the other party.

11) Service Availability and Access

This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 1 a.m. until 4 a.m. (U.S. Central time) on Wednesday.  However, We may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities.
Actual speeds vary based on the amount of traffic on the Internet, content on a particular Website, or by the overall performance and configuration of your computer. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds may be lower than speed indicated during peak hours.

12) Service Commitment

Unless other terms are specified in your service agreement, InLine Service Plans require a minimum service commitment of 12 months. If you terminate service prior to the expiration of the commitment, you will owe, be invoiced, and, your credit or debit card (if on file) will be charged, the Early Termination Fees and/or Unreturned Equipment Fees as described below.  If InLine is, at its sole determination, incapable of providing service to your location after service is ordered no fees will apply and the service commitment will be canceled.

Early Termination:; Purchase Equipment Option (equipment and standard installation purchased upfront)
If you cancel your order before installation, you will not be charged.

If you cancel within 30 days of activation:
No service termination fees charged. Note: You will not be refunded for installation charges or other fees.
Subject to the conditions described below, you may return your InLine Provided Equipment in Good Condition for a $200 refund.

If you cancel after 30 days of activation but before the end of your 12-month term commitment:
You will be charged a $400 Service Termination Fee.
Subject to the conditions described below, you may return your InLine Provided Equipment in Good Condition for a $200 refund.

Early Termination: Promotional Equipment Option
If you cancel your order before installation, you will not be charged.

If you cancel within 30 days of activation:
You will be charged a $400 Equipment and Installation Fee.
You may choose to return your InLine Provided Equipment in Good Condition for a $200 refund.
No service termination fees will be charged.

If you cancel after 30 days of activation but before the end of your 12-month term commitment:
You will be charged a $400 Equipment and Installation Fee and a $400 Service Termination Fee.
You may choose to return your InLine provided equipment for a $200 refund.

If you cancel after the end of your 12-month term commitment:
You must return your InLine provided equipment in good condition within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee .

Early Termination: Lease Equipment Option
If you cancel your order before installation, you will not be charged.

If you cancel within 30 days of activation:
No Service termination fees charged. You must return your InLine provided equipment in good condition within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee.
Note: You will not be refunded your Upfront Fee or other installation charges and fees.

If you cancel after 30 days of activation but before the end of your 12-month term commitment:
You will be charged a $400 Service Termination Fee.
You must return your InLine provided equipment in good condition within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee .

If you cancel after the end of your 12-month term commitment:
You must return your InLine provided equipment in good condition within 45 days from the time of termination or be charged a $300 Unreturned Equipment Fee .

Early Termination: due to breach by Subscriber

If you are terminated by InLine for non-payment or any other reason, the Early Termination Fee and the Unreturned Equipment Fee will be charged immediately upon cancellation. If you return your InLine provided equipment in good condition within 45 days from the time of termination your account will be credited $300.

13) Termination by Subscriber

In the event that InLine modifies this Agreement, the Service or related pricing or billing terms, you may immediately terminate your account and this Agreement, and such termination will be treated as if the agreement’s commitment term had been satisfied. Subject to your payment of the termination charges herein described, you may also do so at any other time and for any reason on written notice to InLine. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or InLine has acknowledged such termination in writing. In the event you cancel your subscription to the Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a service termination fee as specified in Section 12 above.

If you wish to terminate your service, contact our Billing Department at 1-888-3-InLine. Except as may be otherwise provided in this Agreement, cancellation of your Subscription is your sole right and remedy with respect to any dispute with InLine. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or InLine’s enforcement or application of this Agreement; (2) any policy or practice of InLine, including the Acceptable Use Policy and the InLine Internet Operations Policies, or InLine’s enforcement or application of these policies; (3) the content available on the Service or the Internet or any change in content provided by InLine; (4) your ability or inability to access and/or use the Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

14) Equipment

You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment. If you purchase your Equipment from InLine, and the Equipment installed at your location is refurbished, in consideration of our provision of such refurbished Equipment, we will provide you with a $25 credit on your first Service invoice.

If you lease Equipment from InLine, the modem, power supply, and radio (outdoor transmitter) remain the property of InLine and shall not be deemed fixtures or part of your realty. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service. You are responsible for preventing the loss or destruction of leased Equipment and we recommend that your Equipment be covered by your homeowner’s, renter’s or other insurance policy.

15) Miscellaneous

We reserve the right to immediately withdraw the Service (in whole or in part) from You if, in Our opinion, Your use of the Service is disruptive, causes a malfunction of the Service, violates the terms of this Agreement, if We receive information that the Service or Your use of the Service (or any part thereof) may violate any copyrights or other intellectual property rights of Ours or a third party or any other applicable laws and regulations (including but not limited to US export regulations), or if We receive an order from a court of competent jurisdiction requiring Us to do so.

If You connect to the Service automatically, without manually entering Your User Identification code, You must understand that anyone, including a child, who has access to Your computer can also gain access to the Service or other services that You disapprove of and could abuse Your personal registration information.

Unless otherwise specified, home or business networking equipment is not included with your InLine Service. For network setup, support, and configuration, contact your network hardware manufacturer and/or operating system software developer or support is available at an additional cost outlined in the professional services rate schedule. (InLine is not responsible for home network configuration or management as part of this service).  Please note that all computers on a network will be sharing a single connection. Simultaneous use of high-bandwidth applications by multiple users may result in degradation of download and surfing speeds

Notwithstanding any cancellation or termination of this Agreement or your account, or any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued up to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s).

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