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Terms & Conditions:
revised: 04/06

1. INTRODUCTION.

Thank you for choosing InterCape Online for your internet service needs. By establishing an account or using our services, you agree to be bound by this Agreement and to use the services in compliance with this Agreement. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Continued use of the service after the date of the revised Terms and Conditions constitutes acceptance of the revised Terms and Conditions.

These Terms and Conditions are subject to change without notice; a current copy thereof will always be available on-line. Continued usage of your account after a new term or condition has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the Terms and Conditions for any changes. The effective date will be updated to indicate a new revision. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the services and if you are a current subscriber, you must terminate your use of the services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

Subscribers must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. InterCape Online is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for InterCape Online’s Services are posted throughout our website at www.intercape.com. These rates may also be obtained by calling 508-322-1984. InterCape's service offerings, pricing, and network capabilities are expected to change from time to time. InterCape reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, pricing for bandwidth usage, and system hardware and software.

3. BILLING TERMS AND PAYMENT OBLIGATIONS OF A SUBSCRIBER.

(a)

Subscribers must (i) provide InterCape Online with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to InterCape Online all changes to this information within thirty (30) days of the change. Subscribers are responsible for any charges to their account. Subscribers agree to monitor an email account specifically to receive billing information from InterCape Online. A NON-REFUNDABLE setup fee may be charged to new subscribers to offset costs incurred during the setup phase of the new account and future services relating to account maintenance and/or technical support.

(b)

Subscribers having questions regarding charges to an account, should contact InterCape Online’s Customer Service Department at 508-322-1984 or by email to billing@intercape.com  or use the Online Account Manager. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

(c)

Charges are billed to Subscribers’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Subscribers are invoiced at the beginning of each billing cycle for the period of one cycle in advance. InterCape Online is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by InterCape Online.

(d)

If paying by check, cash, or money order, payments are due within immediately upon receipt of the invoice. A fee of $2.00 is added to invoices processed via paper invoice to offset costs and handling expenses. A $25 fee will be charged for all checks returned due to insufficient funds.  Invoices that remain outstanding may be sent a reminder notice via electronic mail. Invoices that remain outstanding for a period of thirty (30) days are subject to finance charges equal to 18.0% per annum, or 1.5% per month. A separate invoice for finance charges may be generated, and will be sent to the subscriber via electronic mail. Invoices that remains outstanding for a period of forty five (45) days or more are subject to suspension of services.

(e)

Invoices that remains outstanding for a period of forty five (45) days or more are  considered delinquent and are subject to suspension of services. Delinquent accounts may be suspended or canceled at InterCape Online’s sole discretion; however, charges will continue to accrue until the account is canceled. InterCape Online may require credit card or prepayment  terms to reinstate a delinquent suspended account.  Once an account has been suspended for non-payment, InterCape Online may assess a reactivation fee of $25.00 to resume services. InterCape Online may also require payment of the account balance in full prior to the resumption of service. InterCape Online may terminate an account due to non-payment

(f)

If you purchase Services through a reseller who in turns pays InterCape Online, the reseller must pay all amounts owing for your account. If the reseller fails to pay InterCape Online any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

(g)

If InterCape Online must pursue payment  on a delinquent account, you will also be responsible for any fees incurred by InterCape, including but not limited to collection agency fees and attorney's fees, costs, and expenses, whether or not suit is commenced. . Termination of your account does not remove your responsibility under these Terms to pay all fees incurred up to the date the account was canceled.

4. SUBSCRIBER'S ACCOUNT, PASSWORD, AND SECURITY.

Upon registration, Subscribers receive a username, password, and account designation. You and subscribers of your household or business, if you have purchased a business account, are the only authorized users of your InterCape Online account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify InterCape Online immediately upon discovering any unauthorized use of your account.

All of InterCape's services are for end-user use only and may not be resold to third parties without a separate reseller agreement on file with InterCape.

InterCape's service offerings, pricing, and network capabilities are expected to change from time to time. InterCape reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, pricing for bandwidth usage, and system hardware and software.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Subscriber's allotted email space may, at InterCape Online’s discretion, be transferred to a compressed temporary file or storage. InterCape Online may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Subscriber may be suspended until the Subscriber reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Subscriber will be billed for excess traffic. You may establish a commercial or high-volume account by calling InterCape's Sales Business Office.

Subscribers agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Subscribers agree not to provide any public information services over a dial-up connection.   Subscribers agrees to log off after their current user session has terminated.

Subscriber is responsible for ensuring that data stored on InterCape Online's Internet servers is properly backed up. InterCape Online disclaims all responsibly for files residing on InterCape Online's Internet servers. InterCape Online and its providers assume no responsibility for any damages caused by user's use or inability to use these Internet services.

Subscriber is solely responsible for the procurement, upkeep and repair of all equipment necessary to connect to InterCape Online.

InterCape Online may change its POP numbers at any time. InterCape Online reserves the right to direct Subscribers to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are InterCape Online’s property and InterCape Online may alter or replace them at any time. InterCape may list information such as your name and e-mail address in relevant directories, such as X.500 listings and WAIS databases. InterCape reserves the right to review customer data stored on the InterCape systems for system administrative purposes.

5. MONITORING THE SERVICES.

InterCape Online has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if InterCape Online, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Subscribers. InterCape Online may immediately remove your material or information from InterCape Online’s servers, in whole or in part, which InterCape Online, in its sole and absolute discretion, determines to infringe another’s property rights.

6. SPAMMING

InterCape has ZERO tolerance for spam -- sending unsolicited bulk e-mail or Usenet postings - on our network.  
Not only is spamming prohibited on InterCape, but we may disable or terminate the service of InterCape web hosting and/or internet access customers when they use spamming as a marketing tool - regardless of whether the spam originates or terminates on InterCape. 
Sending "spam" from a InterCape account is strictly forbidden and will result in the immediate, non-refundable cancellation of the sender's account, with no exceptions.  Any person or entity, by sending or relaying any email via any of our servers, shall agree to pay to InterCape the sum of $1000.00 per email relayed or sent in addition to costs associated with investigation, prosecution and collections of said amount. If spammed email is bounced back to our servers through malicious actions such as domain forgery. The sum is One Hundred Thousand Dollars per bounce back received. This is based on a ratio of 100 emails sent successfully per bounce. We are dead serious in this matter so DO NOT ABUSE OUR SERVICES. Unauthorized use of our services as defined in this policy will result in swift, solid, and severe legal action. You have been warned.

7. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY INTERCAPE ONLINE, INTERCAPE ONLINE DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. INTERCAPE ONLINE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERCAPE ONLINE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTERCAPE ONLINE IS NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES SUFFERED BY THE USER, INCLUDING THOSE CAUSED BY MISS-DELIVERIES, NON-DELIVERIES, DELAYS, OR SERVICE INTERRUPTIONS ATTRIBUTED TO INTERCAPE ONLINE OR THE USER.  INTERCAPE ONLINE MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH INTERCAPE ONLINE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY INTERCAPE ONLINE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. INTERCAPE ONLINE AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGESTHE SERVICES OF INTERCAPE MAY ONLY BE USED FOR LAWFUL PURPOSES. TRANSMISSION OF MATERIAL IS SUBJECT TO COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. THIS INCLUDES,  BUT IS NOT LIMITED TO: COPYWRITED MATERIAL, THREATENING OR OBSCENE MATERIAL, OR MATERIAL PROTECTED BY TRADE SECRET. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS INTERCAPE ONLINE FROM ANY CLAIMS RESULTING FROM YOUR USE OF THIS SERVICE WHICH DAMAGES YOU OR ANOTHER PARTY. AT OUR SOLE DISCRETION, WE MAY REVOKE YOUR SERVICES FOR INAPPROPRIATE USAGE.

8. SOFTWARE LICENSE.

InterCape Online grants to each Subscriber a limited, nonexclusive, nontransferable and nonassignable license to install and use the InterCape Online access software (including software from third-party vendors that InterCape Online distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Subscriber agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. InterCape Online may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Subscriber.

The Licensed Programs constitute confidential and proprietary information of InterCape Online and InterCape Online’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with InterCape Online and InterCape Online’s licensors. Subscriber shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

9. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain “InterCape.com”, or any other site operated by InterCape Online (the "Web site") is a complimentary information service offered by InterCape Online at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “InterCape.com”,  is such a Web site. These links are provided for convenience only and are not intended as an endorsement by InterCape Online of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "InterCape Online", (b) the link must "point" to the URL "http://www.InterCape.com" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by InterCape Online , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) InterCape Online may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by InterCape Online.  Submit hyperlink requests via email to: info@intercape.com.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by InterCape Online. InterCape Online assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold InterCape Online harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify InterCape Online from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. InterCape Online will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to InterCape Online to use on the Web site will be deemed to be a grant by you to InterCape Online of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .

10. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Subscriber, to terminate your account. The services of InterCape may only be used in accordance with InterCape's Terms & Conditions Policy.  InterCape reserves the right to cancel services for violation of this Terms & Conditions Policy. InterCape reserves the right to cancel service for any reason without prior notice. If InterCape revokes your access for any violation of its Terms and Conditions, InterCape will not reimburse you for any unused prepaid fees.

Subscriber agrees to pay reasonable attorney fees and/or all other legal costs arising out of any breech of the terms of this agreement.

11. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to InterCape Online by:

  • registered or certified mail, return receipt requested addressed to InterCape Online,  P.O. Box 452 Ledyard, CT  06339; or
  • email cancellation request directly to billing@intercape.com

Your termination will only be complete upon your receipt of a cancellation confirmation from InterCape Online. Charges to your account will stop accruing the day InterCape Online provides you with a cancellation confirmation. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. There is no pro-ration or refund for prepaid accounts that are cancelled prior to the service expiration date.   If your account included space (personal and/or hosting web space and/or email boxes) on InterCape Online’s servers, anything stored on this space will be deleted upon termination.

Without prior notice, InterCape Online may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if InterCape Online, in its sole discretion, believes you have violated this Terms & Conditions Policy, or any of the applicable user policies, or if you fail to pay any charges when due. InterCape Online may provide termination notice to you by: telephone, or email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

This agreement is governed by the State of Massachusetts in Barnstable County. Subscriber agrees to use the service in a manner consistent with all state and national laws.

12. MISCELLANEOUS.

This Agreement, the Terms & Conditions Policy, and InterCape Online’s other user policies posted on InterCape Online’s Web site constitute the entire agreement between you and InterCape Online with respect to your use of the Services.

InterCape Online may enforce or not enforce any part of this agreement. Non enforcement of any of these terms does not imply consent. Should any part of this agreement be found to be unenforceable, the remainder of the agreement will remain intact and binding.

InterCape Online may revise, amend, or modify this Agreement, the Terms & Conditions Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on InterCape Online's Web site (http://www.InterCape.com or http://www.InterCape.net) and/or on Subscriber's start pages and/or by email and/or in our various publications and mailings to Subscribers.

Rev. 04-17-06

 


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InterCape OnLine
Copyright © 2006

Phone: 508.322.1984
Postal: PO Box 452, Ledyard, CT  06339