TERMS OF SERVICE
These are the terms and conditions under which TBO provides all Internet services
("service" or "services"). These Terms of Service act as a fully binding agreement
between The Best Online (TBO) and each of its customers ("Customer").
1. The Entity The Best Online Here after Known as (TBO) shall primarily communicate
with Customer(s) through electronic mail to the customer contact's e-mail address
as specified by Customer within our database. Notice of any events or changes
involving Customer's service or this agreement shall be considered given at
the time that such notice is posted by e-mail to Customer.
2. All customers must maintain the accuracy of their contact information with
TBO. Failure to do so may result in suspension of service. TBO is not responsible
for any suspension of Customer to access or use his or her internet connection/email
account based on the customer(s) inability to maintain their current information
to TBO .
3. TBO will never sell or disclose Customer's contact information or customer
lists to any third party, unless required by law or specifically authorized
by Customer.
4. TBO reserves the right to refuse or terminate service to anyone, at any time
and for any reason, including but not limited to violation of TBO'S Acceptable
Use Policy. Should TBO terminate Customer's service for a reason other than
violation of the Acceptable Use Policy, TBO will issue Customer a refund for
the remaining paid period of service. Under no circumstances is TBO responsible
for any damages resulting from termination of service.
5. TBO may make changes to these Terms of Service at any time, and such changes
will take effect thirty (30) calendar days after notice of the changes is given
to Customer. If Customer does not agree with these Terms of Service, Customer
must discontinue use of their services immediately and contact TBO to cancel
their account.
6. Payments are due on the first day of each month, and TBO dispatches e-mail
invoices approximately ten (10) calendar days prior. Payment is late on the 5th
of each month and will incur a $4.05 late fee. If payment is not received
by ten (10) calendar days after the due date, Customer's account will be suspended,
and may incur a $15.00 reactivation fee at TBO'S discretion. Accounts may be
deleted if they have spent five (5) or more calendar days in a suspended state.
Accounts past due may be subject to interest at the rate of 25% per month.
7. A $25.00 service charge applies to all returned checks, cashier's checks,
or money orders.
8. Charges will be billed according to the price list currently in effect and
posted within www.tbousa.com's access plans page. Customer may cancel an account
or service at any time, but is responsible for fees remaining. For month-to-month
billing, Customer is responsible for the current month's charges. Prepaid accounts
are not refundable if Customer chooses to terminate the account before the paid
period has expired. Any service added during a given month will be prorated
from the service start date to the end of the month.
9. If any invoice or portion thereof is disputed, the invoice must still be
paid in full by the due date. Any credits issued in resolution of the dispute
will be applied to the subsequent month's invoice.
10. TBO may modify account or service pricing at any time. TBO will first notify
customer of Increases thirty (30) calendar days prior to occurence. Customer
may choose to cancel the account or service to avoid a price increase.
11. Bandwidth will be billed according to the 95th Percentile Rule: all data
samples from a given month are sorted from highest to lowest, and the top 5%
are discarded. The highest remaining data sample is the "95th Percentile" number,
which will be used as the basis for calculating the bandwidth rate (if above
the subscribed bandwidth level) for that month (not applicable
to dialup accounts).
12. Customer is responsible for complying with United States federal, state,
and local laws, and applicable laws of any other countries with which Customer
uses the Internet to communicate. Customer may not participate in or support
any illegal activities through the use of their service. TBO does not control
the content of network traffic to or from their services or network.
13. TBO's services are provided as-is, and are to be used at Customer's own
risk. TBO provides no warranties of any kind, expressed or implied, including
warranties of salability or fitness for any particular purpose. TBO is not responsible
for hardware or software damage, loss of wages or data, or any other financial
or personal loss resulting from the use of, or inability to use, the subscribed
service. Any liabilities are strictly limited to the amount of the fee(s) paid
for services rendered.
14. Customer is responsible for all actions taken or caused to be taken in Customer's
use of the service. As a condition of service, Customer agrees to indemnify
and hold harmless TBO's officers, employees, agents, shareholders, and partners
from any cause of action originating from use of the service.
15. Due to the insecure nature of much of the global Internet, TBO strongly
suggests that credit card numbers or other personal information never be sent
through e-mail or any other Internet service, unless proper encryption is used.
Customer is fully liable and responsible for the security and integrity of their
own services, including Internet servers. TBO will not be held liable for any
security breaches that may occur. Customer agrees to fully indemnify and hold
harmless TBO from any legal or financial claims that may result from a breach
in the security of Customer's services.
16. If any portion of this agreement is found to contradict federal, state,
or local laws, the remaining portions will remain in full force. Any and all
disputes regarding or resulting from this agreement will be governed by the
laws and courts of San Diego, California.
Additional terms and conditions may apply to some services; these terms are
specified within the service's listing. If you have any questions regarding
our terms, conditions, and policies, please call TBO AT 1-800-347-8942, or e-mail
techsupport@tbeeo.com.
ACCEPTABLE USE POLICY This Acceptable Use Policy has been formulated with the
following goals in mind: - Ensure the security, reliability and privacy of TBO's
network and systems, and the networks and systems of others. - Preserve the
value of the Internet as a resource for information and free expression. - Preserve
the privacy and security of Internet users. - Discourage irresponsible practices
which degrade the usability of network resources and thus the value of Internet
services. - Avoid situations that may cause TBO to incur legal liability. -
Maintain the image and reputation of TBO as a responsible provider.
This Acceptable Use Policy in no way supercedes or overrides TBO's Terms of
Service.
A. TBO operates under a strict "No Spam" policy. The sending of any unsolicited
e-mail advertising messages from, to, or through TBO's services may result in
the imposition of civil liability against the sender, in accordance with California
Business & Professions Code Section 17538.45. A copy of the California Business
& Professions Code may be obtained on-line from http://www.leginfo.ca.gov/.
"Unsolicited bulk" messages include, but are not limited to, commercial advertising,
informational announcements, and political or religious tracts.
B. The following activities are expressly prohibited, and may result in account
suspension or termination:
1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail
account, or other service provided by or through TBO.
2. Making Usenet postings which advertise a Web site, e-mail account, or other
service provided by or through TBO, to any newsgroup whose charter does not
specifically allow such advertisements.
3. Sending UBE or posting advertisements to Usenet (except where specifically
allowed by newsgroup charters) from a service provided by or through TBO.
4. Hosting "spam-friendly" Web sites, including spam software sites.
5. Harrassment, whether through content, frequency, or size of e-mail or Usenet
messages.
6. Sending e-mail to any person who does not wish to receive it. If a recipient
asks to stop receiving email, the Customer must immediately and permanently
cease to send that individual any further e-mail.
7. Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether
or not the recipient wishes to receive them, unless such propagation is both
solicited and in the clear context of debunking or discrediting chain letters/hoaxes.
8. Transmitting any electronic communication, including e-mail, using the name
or address of another person or organization, for purposes of deception.
9. Impersonating another individual by altering source IP address information,
or forging e-mail/Usenet headers or other identifying information.
10. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity
in connection with use of the service.
11. Any use of another party's electronic mail server to relay e-mail without
express permission.
12. Collecting replies to messages sent from another Internet service provider,
where those messages violate this Acceptable Use Policy or any applicable policies
of the other provider.
13. Denial of Service, including, but not limited to, any form of Internet packet
flooding, packet corruption, or abusive attack intended to impact the proper
functioning of any party's Internet servers or services.
14. Using TBO's network, services, or systems to store or send content which
is illegal in the United States of America, including but not limited to child
pornography and pirated software or music. All child pornography incidents will
be reported to federal authorities and prosecuted to the fullest extent of the
law.
15. Using or storing any type of software which is designed to or is likely
to abuse or negatively impact Internet service, including, but not limited to,
portscanners, hacking tools, ping flooding programs, security/root exploits,
packet sniffers, and spam software.
16. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet
Protocol) address(es) of servers or services. Doing so may be considered cause
for service suspension or termination.
17. Intercepting or attempting to intercept, through any method, network traffic
intended for other customers.
18. Running proxy servers, such as squid or BNC, unless they are available only
to users whose verified contact information is known by the proxy operator and
can be disclosed to TBO or law enforcement authorities upon request.
19. Any previous or current behavior, such as the sending of unsolicited e-mail,
that results in the addition of tbeeo.com to any e-mail blackhole lists, or
otherwise negatively impacts the overall services of tbeeo.com, is grounds for
termination.