Provision of Services

Al's Computers will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. Al's Computers services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Al's Computers. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet

Account and Agreement Terms

This agreement shall remain in effect until Customer terminates his/her account or Al's Computers cancels Customer's account.   Al's Computers may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify Al's Computers in writing or by e-mail of any changes in the account information, such as address or phone number. Al's Computers also requires updated credit card information from those customers choosing this method of payment one month prior to the card expiration date. We strongly recommend you send this information by mail.

All accounts described below are for personal, non-transferable access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving our account password to others. EACH INDIVIDUAL PERSON WHO USES AL'S COMPUTERS MUST HAVE THEIR OWN ACCOUNT. This is to protect the account holder

Al's Computers reserves the right to change the terms and conditions by notifying Customer in writing or by e-mail at least 30 days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If the customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving Al's Computers proper written notice in accordance with the terms and conditions stated herein.

Al's Computers also reserves the right to terminate an account at any time for any reason.  Customer will receive a refund for any prepaid but unused time.
 

Billing/Terms/Termination

Al's Computers will bill Customer monthly subscription and connection fees as set forth in Al's Computers current rate schedule.  This schedule may be modified by Al's Computers upon 30 days notice in writing or by e-mail to Customer.

Al's Computers will not enable Customer's Internet access account until the first months usage and set-up fees are paid and the Al's Computers Service Contract is received from Customer. It must be signed and dated by Customer and by Customers' parent or legal guardian if Customer is less than 18 years of age.

Al's Computers does not recommend sending cash through the mail; we are not responsible for the loss of your funds.

If you use a credit card your subscription will automatically be charged to your credit card on a monthly basis on the first day of each month until Al's Computers is notified in writing of your request to cancel service. We also accept Checks and money orders as well as purchase orders from qualified firms.

The Al's Computers accounting period is one month and the accounting cycle begins on the first day of each month. The initial account billing will cover the month for which the account is established.  Fees are prorated. The Customer must notify Al's Computers at least 15 working days before the next payment is due if Customer wishes to change the method of payment. Customer must notify Al's Computers at least 10 days before the next payment is due if Customer wishes to change type of account.

Service payments will be submitted in advance of receiving services. Delinquent accounts are those that remain unpaid on the 10th day of the accounting cycle.  If an account is delinquent for 30 days Al's Computers reserves the right to delete the account and all associated files. Once deleted, all record and files in your account are never accessible or recoverable. There is a $20.00 service charge for each returned check.

Termination requests for Al's Computers accounts must be received in writing via e-mail, or postal service at Al's Computers main office. Accounts will be terminated within 5 working days after the receipt of such requests.

You are responsible for remitting payment to Al's Computers before the next billing cycle to extend your subscription.  Al's Computers will invoice all unpaid accounts paid by a means other than credit card on the 1st day of the month. The fee for invoicing is one dollar per month (if you pay your account before the invoices are sent you will not be charged this fee). Note that if your account expires due to non-payment, it will be held inactive for 30 days; if you renew before that time, your files and any incoming mail will remain intact, BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of your payment. That is, if your account expires on March 11th, and we receive payment on March 30th for one additional month, your new expiration date will be April 11, NOT April 30.

If you wish us to archive files to floppy disk when your account expires, you must deliver to us within 30 days the media necessary (sufficient floppy disks and a $10.00 processing charge Al's Computers will archive the files, including your mailbox, and return them to you via US Post. Note that we must RECEIVE the media, payment and request prior to the 30-day period or we will have automatically deleted your account -- making recovery of the data impossible.  If your account is about to expire and you do not intend to renew we offer a mail forwarding service where we will forward your e-mail to your new account for 30 daystar more. You must have the consent of the system administrators at the new-forwarded site before we will install the forwarding address. Note that only mail that arrives after the forwarding is installed will be sent onward to you. There is a no charge for this service as long as your account is in good standing at the time of request, otherwise, mail will be returned to sender as undelivered, address unknown.

Customer is responsible for all fees up to the date of termination of the service, except where Al's Computers is unable to provide services under this agreement through its own negligence.

Security of Accounts

Al's Computers E-mail, Internet PPP/SLIP, and Dedicated Dial-in accounts are for individual users, unless prior written arrangement are made, and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. Only one login session per account is allowed at any time. Customer acknowledges that Al's Computers may terminate the account without notice if the customer does not comply. Customer agrees not to use any Al's Computers services to obtain the passwords of customers on Al's Computers or other systems. Customer agrees not to use Al's Computers services to make unauthorized attempts to access the systems and networks of others.
 

Use of Material

Customer agrees not to use Al's Computers services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.

Abuse of Internet Services

Customer agrees to: Use the services provided by Al's Computers only as permitted by applicable local, state, and federal laws. Not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming). Refrain from mass, unsolicited e-mailings. Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising.  Respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above. Abide by Al's Computers interpretation of the above. Al's Computers technical staff are available for assisting the Customer with the interpretation or application of any of these rules.

Abuse of Al's Computers Services

Any use of Al's Computers system resources that disrupts the normal use of the system for other Al's Computers customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line.

Depending on the nature and the severity of the abuse, the user may receive an e-mail warning, have their processes halted, or have their account suspended by Al's Computers technical support. If the misuse is unintentional, the suspension may be rescinded following discussion with Al's Computers technical support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Al's Computers management and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Al's Computers management.

Discovering and Reporting Abuse

Violations of the Al's Computers conditions of use are unethical and may in some cases be criminal offenses. You are asked to report to Al's Computers any information you may have concerning instances in which the conditions of use have been or are being violated. When Al's Computers becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Al's Computers may suspend access to services to the individual account in question. This is done to protect the account owner in case the account security has been compromised. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Al's Computers management following payment of a re-connection charge. If it is found that the account security was breached by no fault of the Customer, the account will be deleted and a new one created at no additional charge.

Al's Computers reserves the right to monitor Customer account activities when it is necessary to determine whether or not the account is be used in violation the conditions of use.

Offensive or Adult Materials

Al's Computers exercises no control over the content of materials accessed through Al's Computers. Some materials located on the Internet may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.

Warranties

Al's Computers makes no warranties of any kind, whether expressed or implied, for its services. Al's Computers specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Al's Computers will not be responsible for any losses or damages resulting from delays, non-deliveries, misdeliveries, service interruption, or Customer's errors or omissions.  Al's Computers will not under any circumstances be responsible for consequential damages.

Jurisdiction

The laws of the State of Tennessee shall govern the validity, construction and performance of this agreement.

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.

Effective date

This agreement shall become effective when Customer Internet access is enabled.

Please feel free to contact us by:

Mail
Al's Computers
202 Franklin Park
Winchester, TN 37398

 Phone
(931) 967-0689

Fax
(931) 967-0689

By E-mail
al@alscomputers.com