Terms and Conditions

IOCC.com User Policies

1. This statement of IOCC.com, LLC User Policies is binding upon all IOCC.com customers and users (hereinafter collectively referred to as "customer" or "user"), and use of an IOCC.com account constitutes a contract and an acceptance by the user of all of the following terms and conditions. All of the terms and conditions included within customer's new/modified IOCC.com account document are also part of the contractual terms between customer and IOCC.com. IOCC.com's goal is to provide its users with the best possible Internet access services, and following these policies will help accomplish this goal. Violation of these policies may result in suspension or termination of a user's IOCC.com account without prior notice.
2. IOCC.com, LLC does not actively monitor nor exercise editorial control over the content of any web site, electronic mail transmission, newsgroup, mailing list, chat or other material available over the Internet through IOCC.com's Internet access services. IOCC.com reserves the right to remove any materials that IOCC.com becomes aware of that are, in IOCC.com's sole discretion, potentially illegal, violate these policies, or which could cause civil liability.
3. The use of IOCC.com, LLC's Internet access services are limited to the customer opening an IOCC.com account and members of customer's household, and to members of a business entity opening a customer account. Each customer opening an account must be at least 18 years of age, and such customer shall be responsible for the use of customer's account by minors. Customers are encouraged to supervise Internet access by minors, and to utilize one of the many parental supervision programs on the market such as Cyber Patrol, Net Nanny and others.
4. Customer agrees that at no time will more than one simultaneous modem connection be established to IOCC.com, LLC's Internet access services using customer's account. Customer agrees to keep customer's account password confidential and to not allow use of customer's IOCC.com account by other persons, except authorized users in customer's household or business.
5. Customer agrees that any material submitted for publication on IOCC.com, LLC Web pages through customer's account will not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary rights of others, nor contain anything defamatory.
6. Using a personal account for commercial or high volume use is prohibited. Commercial services are available. Please contact Joe Phelps (jphelps@iocc.com) about opening a commercial account and see the IOCC.com web site for additional information about IOCC.com commercial services. Use of software or any device that allows your account to stay logged on while you are not actively using IOCC.com Internet access services or using the account for purposes of operating a server of any type is prohibited without IOCC.com's written consent.
7. The network resources of IOCC.com, LLC shall not be used to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted via IOCC.com shall correctly identify the sender, and users shall not alter the attribution of origin in electronic mail messages or postings. No one shall attempt to undermine the security or integrity of IOCC.com's computer systems or networks, either intentionally or unknowingly, and shall not attempt to gain unauthorized access. Running IOCC.com server side applications is strictly prohibited. All IOCC.com users agree to use IOCC.com's Internet access services for lawful purposes only. IOCC.com reserves the right to, at any time for any reason, interrupt or suspend access, interrupt, suspend or delete services, or terminate a customer's account.
8. IOCC.COM'S INTERNET ACCESS SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND THERE ARE NO WARRANTIES FOR QUALITY, CONDITION OR PERFORMANCE. IOCC.COM DOES NOT WARRANT THAT THE INTERNET ACCESS SERVICES OR ANY SOFTWARE PROVIDED WILL BE ERROR FREE OR THAT DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
9. Under no circumstances shall IOCC.com, LLC, and its agents and employees, be liable for any incidental, consequential, direct, indirect, punitive or special damages, including but not limited to damages that may be suffered by any customer or user from loss of data, non-deliveries, service interruptions, mistakes, omissions, unauthorized access and any other errors or defects. Use of any information obtained through IOCC.com, LLC's Internet access services are at customer's own risk, and IOCC.com, LLC disclaims any responsibility for the accuracy or quality of information obtained through its services. Notwithstanding the above, customer's sole and exclusive remedy for all damages, losses and causes of action whether in contract or tort, including negligence, shall not exceed the prorata dollar amount paid by customer to IOCC.com, LLC for the period of time for which customer's complaint may arise.
10. Customer agrees to defend, indemnify and save and hold IOCC.com, LLC, and its employees and agents, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, that may arise or result from any service provided by customer to others, services agreed to be provided by customer to others, any product sold by customer, and any other Internet access use by customer and customer's agents, employees and assigns using customer's IOCC.com Internet access services.
11. Customer agrees that these IOCC.com, LLC user policies, including all terms and conditions hereof, shall constitute a contract between customer and IOCC.com upon customer's use of customer's IOCC.com account, which shall be governed and construed in accordance with the laws of the State of Arkansas. Customer further agrees and consents that the courts of Clark County, Arkansas, USA, shall have exclusive jurisdiction, and shall be the exclusive venue for any legal action relating to this contract or to the Internet access and other services provided by IOCC.com. Customer agrees that the statute of limitations for any claims against IOCC.com shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
12. If any part, term or provision hereof is determined to be invalid or unenforceable by any court, board or tribunal of competent jurisdiction, then such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, and if found totally unacceptable, then this contract shall be construed as if such invalid provision were omitted altogether, and the remaining contract terms hereof shall remain in full force and effect.
13. The failure by IOCC.com, LLC to insist upon compliance by customer with any term or condition hereof shall not constitute a waiver of any rights hereunder, nor shall it constitute a waiver of the right to enforce any such term or condition at a later date.
14. IOCC.com, LLC has no practical ability to restrict all conduct, communications or content which may violate any of these policies prior to transmission using IOCC.com's Internet access services, nor can IOCC.com ensure prompt removal of any such communications or content after transmission or posting. Accordingly, IOCC.com cannot and shall not assume any liability for any failure to enforce the terms hereof. IOCC.com retains logs from our servers for only a few days. This includes but is not limited to e-mail transaction logs for up to 7 days, web server access logs for up to 30 days, and modem access logs for up to 90 days. Any legal requests for logs must be received in our office in time for us to preserve the logs before they are automatically deleted by our system.
15. No fees are refundable, and payment is due for the full month for any partial month use, except for the first month's usage which will be prorated to the date that the account is opened. Notice of termination of your account must be given in writing or in person before the first of the month to avoid incurring another month's charge. IOCC.com is not responsible for overdraft charges caused by billing errors. Automatic electronic billing is processed between the 1st and 5th of each month. Late fees will be applied to accounts with past due balances. Returned checks and electronic payments not honored are subject to a $20 fee. Delinquent accounts suspended due to past due balances will be subject to a $20 reconnect fee.
16. IOCC.com reserves the right to amend the terms and conditions hereof at any time without prior notice. Notice of modifications to these policies may be given by posting notice of such changes to IOCC.com's Home Page, by electronic mail, by fax or by conventional mail. Customer agrees that use of customer's IOCC.com account constitutes acceptance of all of the terms and conditions expressed above, and as such may be amended in the future.
17. Additional terms and conditions apply to broadband services:
    IOCC.com broadband packages anticipate occasional high-speed transfers of data that use a reasonable amount of bandwidth. This bandwidth is determinted by IOCC.com management at a level deemed adequate for essential internet services such as sending and receiving e-mail, web browsing, and occasional file transfers using http and ftp protocols. IOCC.com broadband packages do NOT include the bandwidth required for sustained transfers of data using large amounts of bandwidth. Customers consuming large amounts of bandwidth may incur additional charges. Applications that consume large amounts of bandwidth include (but are not limited to) high-traffic web servers, high-traffic unfiltered e-mail servers, and peer-to-peer file sharing applications such as eDonkey, BitTorrent, Limewire, Morpheus, and Kazaa.