ChiliTech :: Terms of Service

ChiliTech Internet Service Agreement

Before using ChiliTech's Internet Service, please read this Internet Service Agreement thoroughly. We encourage this strongly for your benefit and protection.

By establishing an account with ChiliTech, or using ChiliTech's Internet access services, you agree to be bound by this agreement and to use the services in accordance with the terms herein.

I. Notice of Liability
While ChiliTech's support representatives will make every effort to assist you in selecting an access number that is a local phone call from your exchange, it is your responsibility to ensure that the selected access number is a local call. We recommend that you contact your phone company and ask them if the dial-up number, given to you by any ChiliTech support representative or reselling agent, will result in a long-distance charge if used. If, after signing up with ChiliTech, you determine that the access number initially given to you is not a local call, we will assist you by suggesting an alternate number or disconnecting your service at no penalty to you.

Please also be aware that accessing local numbers (such as a ChiliTech dial-up access number) using a wireless service, often results in airtime charges. All telecommunications charges are the sole responsibility of the telecommunications customer.

Customers are responsible for maintaining the security and integrity of their computers and / or network. Although ChiliTech has taken many efforts to prevent virus transmission to customers, it is ultimately the customer's responsibility to install maintenance patches and update anti-virus software.

II. Payment Terms
ChiliTech takes the security of its customer's billing information very seriously. Impersonating the identity of another individual or willfully submitting inaccurate billing information, including credit card numbers, bank routing numbers, or bank account numbers, will be considered fraudulent activity, and perpetrators will be prosecuted to the fullest extent of the law.

Automatic Payment Recurrence

If you elect to pay with a credit card, ChiliTech will automatically bill your credit card when the next payment is due. If you pay annually, the current annual payment amount will automatically be charged to your credit card each year. If you pay monthly, the current monthly payment amount will automatically be charged each month.

If you elect to pay using Electronic Funds Transfer (EFT) from either a checking or savings account, ChiliTech will automatically debit your account when the next payment is due. If you pay annually, the current annual payment amount will automatically be deducted from your account each year. If you pay monthly, the current monthly payment amount will automatically be deducted from your account each month.

ChiliTech automatically deducts from, or charges to, your account the cost of the service plan you selected, at either a monthly or yearly interval, depending upon your selection at the time of signup. To prevent an automatic debit, you must either cancel your ChiliTech service or change the account you wish to have billed before your next billing cycle.

You may change billing methods, credit card accounts or EFT withdraw accounts at any time. To do so, please call ChiliTech before your next payment is due and provide us with the information for the account you would like to have charged.

To avoid late fees, overdraft fees or other inconveniences, please ask your ChiliTech customer Service Representative when you can expect each payment to be charged or deducted, so that you can plan for the transaction in advance. ChiliTech is not responsible for any service fees, overdraft fees, or any other fees relating to insufficient funds in your withdraw account resulting from valid debits by ChiliTech according to the Terms of Service.

If you wish to dispute any charges, you must contact ChiliTech within 90 days of the disputed charge. Any disputed charges more than 90 days old will not be refunded.

Cancellation Policy

Accounts with ChiliTech remain active until such time as an authorized individual requests cancellation of the account via a phone conversation with one of our customer service representatives. Services automatically renew at the end of their service period, similar to the way telephone, TV, and utility services renew. Any charges on the account are the sole responsibility of the account holder until the account is canceled, regardless of whether or not the account was actively being used. Due to security concerns, all cancellation requests must be handled by a live customer service representative. Cancellation requests received via e-mail or voicemail cannot be accepted.

Refund Policy

Charges for monthly dial-up accounts are not prorated in the event of cancellation. When you call ChiliTech to cancel a monthly dial-up account, the account will become inactive as of the current day unless otherwise specified by the customer. You may request that the service be deactivated as of the last day of the current charge period. In all cases, you are responsible for all charges up to the end of the last billing cycle.

Annual dial-up accounts are eligible for partial refunds. Refunds are calculated by subtracting the amount you would have paid for a monthly dial-up account (between the beginning of the annual cycle and the cancel date) from the amount you paid for the annual account. The amount you would have paid for a monthly dial-up account is calculated using the standard monthly rate at the time of cancellation (promotional offerings do not apply). If you would have paid less for the account on a monthly basis over the service period than you did for the annual account, your refund will be the difference. If you would have paid more for the account on a monthly basis over the service period than you did for the annual account, you will not receive a refund and you will not be responsible for the difference.

Customers that have been deactivated due to violations of the terms of service will not receive refunds on services for the time they are deactivated; billing will continue unless customer specifically cancels or terminates the service. Once in compliance with the terms of service, reactivated customers will continue to be billed as normal.

III. Appropriate Usage Policy (AUP)
ChiliTech maintains an appropriate usage policy to ensure the safety and satisfaction of our customers. In addition to your affirmation that you will not use ChiliTech service for any purpose prohibited by the AUP, you agree to comply with all applicable local, state, federal, and international laws and guidelines.

Violations of the AUP include, but are not limited to, the following:

Engaging in any activity that is prohibited by any applicable local, state, federal, or international law or regulation.
Gathering information about other users, including e-mail addresses, without their consent.
Creating a false identity for the purpose of misleading others, especially when sending e-mail messages or posting to a newsgroup.
Connecting to ChiliTech multiple times simultaneously with the same account without paying for concurrent service.
Maintaining a dialup connection by artificial means for the purpose of keeping the connection open while unattended. ChiliTech dialup connections are intended to be open for active use only. ChiliTech reserves the right to terminate a connection following an extended period of inactivity.
Running any type of server (web, mail, ftp, gaming, etc.) that requires extended connections.
Sending large amounts of unsolicited e-mail (see Spamming Policy below).

ChiliTech reserves the right to terminate an account for violations of the AUP. ChiliTech, at its sole discretion, will determine whether customer actions violate the AUP. If you are unsure whether a particular action violates the Appropriate Usage Policy, please contact a ChiliTech representative.

Spamming Policy

Using any ChiliTech account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail (for example, by maintaining a spam-advertised web site) is prohibited.

ChiliTech reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are "unsolicited." A complaint from the recipient is presumptive evidence that the message was unsolicited. ChiliTech has no obligation to refer complaints to the sender or to identify complaining parties.

Conduct that directly or indirectly encourages, permits, or relies on spamming is included in this prohibition. Examples include failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spam "support services" such as e-mail dropboxes or sales of spamware.

Similarly, using any ChiliTech account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.

ChiliTech reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases ChiliTech will defer to the judgment of the newsgroup or mailing list moderator or administrator.

Spamming is defined by ChiliTech as sending unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ChiliTech Internet Solutions, Inc., but also because it can overload ChiliTech's network and disrupt service to ChiliTech subscribers. Also, maintaining an open SMTP relay is prohibited (web server, mail server, etc.) When a complaint is received, ChiliTech Internet Solutions, Inc. has the discretion to determine from all of the evidence whether the email is considered spam.

Distribution of Internet viruses, or other harmful, destructive activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, etc are prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment is prohibited.

Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.

This sort of unsolicited advertising is also against the policies of our upstream providers, Verizon, Sprint, and CTSI. By allowing our customers to violate our policy we would be violating our contract with our providers and risking disruption of service. Therefore, our policy includes any restrictions noted in the following policies:

IV. Wireless Service

Pricing

ChiliTech offers a variety of packages with our Business Wireless Service. All packages are priced based on the amount of monthly transfer each customer uses within any said month. If a customer should exceed their initial monthly transfer rate based on their contract, ChiliTech will not bill the customer for the first overage. Rather, take a three month average starting with the first overage month to the third month after the first overage month. At that point, the customer will be billed according to what the average of those 3 months are after the third month. If the customer continues to exceed the amount of monthly transfer agreed from the initial contract, ChiliTech has the right to move the customer into the next tier pricing level based on their current transfer. 128kbps speed is guaranteed with all wireless services.

Equipment

All equipment will remain the property of ChiliTech Internet Solutions during and after any said contract is fulfilled. Once the contract has been fulfilled and the customer no longer wishes to use the service, the equipment shall be returned to ChiliTech in reasonable condition or a service charge may apply. ChiliTech reserves the right to make this assessment.

Customers wishing to move, paint, or modify the equipment in any way must get the consent of a ChiliTech Wireless Representative. ChiliTech will then make the proper arrangements to accommodate the customer if an agreement is met. Any modifications made by ChiliTech to the existing equipment after the initial installation is subject to the current hourly service charge rate. Only a ChiliTech Representative is authorized to do work on any of the outdoor wireless equipment.

Any outdoor wireless equipment that is damaged as a result of lightning, wind, or any other Act of God, will be replaced at ChiliTech's expense. Any equipment that is damaged in the customer's interior network (routers, firewalls, workstations, etc.) as a result of lightning striking the antenna and reaching the interior of the building, is the responsibility of the customer unless it is determined that an improper install was made resulting from improper grounding.

Any outdoor wireless equipment that is damaged as a result of vandalism on the customer's premise is the responsibility of the customer and ChiliTech shall be reimbursed for the damages by the customer.

Any outdoor wireless equipment that is damaged by lightning strike that did not originate at the wireless equipment is the responsibility of the customer and ChiliTech shall be reimbursed for the damages by the customer.

Upon cancellation of the service, ChiliTech will schedule a date for the removal of all equipment used for the service which was loaned or leased to the customer.

Cancellation/Early Termination Fees

Unless otherwise specified in a customer's contract, an early termination fee will apply to a service that is canceled during the initial contract term. The early termination fee is equal to three months of service at the contracted rate.

If the customer decides to cancel the wireless service because the wireless equipment develops a functionality problem further into the contract that prohibits the customer from performing up to their normal standards, ChiliTech has the right to determine whether or not a termination fee will apply.

V. Free Personal Webspace
The personal webspace allotted to our customers is for residential use only. Use of free personal webspace for business purposes is not allowed. Customers who desire to sell products and / or services on their website must purchase one of our commercial hosting plans.

ChiliTech is not responsible for any form of identity theft due to customers putting their personal information on their web site. All information posted on free personal webspace is able to be viewed by anyone else on the Internet.

All material posted on free personal webspace must be free of illegal and immoral content. Generally, any content in which the visitor should be over 18 years old to view will not be tolerated. Examples of inappropriate content include, but are not limited to, pornography, harsh profanity, content that is degrading to another person or group of persons, and threatening remarks. Web pages with links to inappropriate content are also considered inappropriate.

ChiliTech reserves the right to deactivate free personal webspace at any time for any reason.

VI. Money Back Guarantee
ChiliTech offers a 30-day unconditional Money Back Guarantee on all annual dialup accounts. If you are not completely satisfied with your ChiliTech Internet service within your first 30 days of signing up an annual dialup account, simply contact ChiliTech to cancel your account and receive a full refund.

VII. Miscellaneous
It is a violation of this agreement to give express or implied permission to any individual who is not a customer of ChiliTech to use your ChiliTech username and / or password. All ChiliTech customers are responsible for their own accounts. Unauthorized use of a dialup account may result in prosecution of the party responsible.

You must be 18 years of age to sign-up for ChiliTech Internet Access.

ChiliTech reserves the right to modify the Terms of Service without notice.

If you do not agree to the terms and conditions of this agreement, ChiliTech regretfully prohibits your use of the service.

Revised: 2/28/2006