TERMS OF SERVICE
This policy represents the StokesWifi Terms of Service ("TOS") in its entirety and supersedes any other written or oral Terms of Service policy. This policy defines the terms of service all customers agree to when they sign-up for internet services with StokesWifi. StokesWifi reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.
Customers may view the most current version of this policy by visiting our website at www.StokesWifi.com and clicking on a corresponding policy at the bottom.
Customers using any services offered by StokesWifi consent to be bound by and must comply with all policies in this TOS. At the sole discretion of StokesWifi, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for StokesWifi maintaining one or more accounts (each "Account"), you agree to the following terms of service.
1 "We" "Us" or "Provider" or "StokesWifi"
2 "You" "Your" "Client" "Customer" or "Member."
Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information; thus, the Service may not be available to you at all times. However, StokesWifi offers a 99% network uptime guarantee. This is valid for only the connection. StokesWifi will pursue all resources and channels available to maintain maximum uptime; however, StokesWifi is not responsible for any down time caused by client's error, weather related downtime, storms, power outages or vandalism.
STOKESWIFI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No advice or information given by StokesWifi or its agents or employees shall create a warranty. StokesWifi provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall StokesWifi be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with StokesWifi service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on StokesWifi's servers that such information becomes available to all Internet users and that StokesWifi has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of StokesWifi's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through StokesWifi or on the Internet generally.
Your use of the service is at your sole risk. StokesWifi is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on StokesWifi servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by StokesWifi, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future StokesWifi policy decisions.
StokesWifi reserves the right to monitor any and all communications through or with our facilities.
You agree to indemnify, defend, and hold harmless StokesWifi from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, StokesWifi, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Services provided by StokesWifi
StokesWifi will provide Internet service rental ("the Service") to its members for the express purpose of allowing customers to access the “internet”. The Service allows StokesWifi members to receive and maintain e-mail accounts and\or access web space via FTP to upload files for their websites. StokesWifi members will use the provided services in a manner consistent with any and all applicable laws of the State of North Carolina and the United States Federal Law. StokesWifi provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, StokesWifi can terminate client's account without notification.
Excessive Resource Usage Policy:
*Applies to all service accounts. Resources are defined as bandwidth and/or processor utilization. An account is considered using "Excessive amounts of resources" when it monopolizes the resources available using 10% or more of system resources for longer than 30 seconds. There are numerous problems that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. An account that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. The client whom is using "excessive resources" will be asked to suspend his/her excessive resource usage or to seek alternate internet service arrangements. StokesWifi will be the sole and final arbiter as to what constitutes a violation of this policy.
UCE/UBE or "Spam" originating from a server located on our network or associated with a StokesWifi server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the StokesWifi network but is sent from an e-mail address not associated with that StokesWifi account. Client shall not use their StokesWifi services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. StokesWifi reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for a violation relating to our SPAM policy.
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply StokesWifi with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Sharing of account & resale restrictions:
You agree and understand that the account you purchase is purchased, either for yourself or on behalf of a client if you are Power of Attorney. You understand that as Power of Attorney, you are the individual solely responsible for all use of the account.
All reselling of our service is strictly prohibited. StokesWifi also restricts the use of servers being hosted on the client’s connection. Account will automatically be terminated and no proration or refunds will occur if customers account is terminated due to hosting a server.
Abusive behavior against staff:
We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any StokesWifi staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.
Payment, Renewal, Cancellations
Payment Obligations: Full payment is required in advance before internet service is established. Upon completion of your purchase, StokesWifi will contact the customer to schedule service installation as well as setup the account. You will be automatically invoiced via email each month prior to your payment due date. You can click on the link in the email to pay you invoice via one of our 3rd party processors, PayPal or Stripe. Your service will continue as normal. You warrant and represent that the information you supply via PayPal or Stripe (or other information that StokesWifi may require) is accurate and truthful. No bills or invoices will be sent by postal mail or fax unless otherwise noted. There is a $45 processing fee for illegitimate charge backs.
Your service account will be automatically renewed under the same time and fee structure, unless payment is not made within 24 hours of a past due invoice date. We are not responsible for any deleted emails residing on our servers. All account, service and billing emails will arrive at the email address that you have on file with StokesWifi, PayPal or Stripe. NO EXCEPTIONS, any service account that has a past due invoice will be suspended on the 5th day of the invoice being due if payment isn’t made.
Cancellation & Refunds:
In the event you cancel your service, you will be charged in full for the entire term\plan in which you canceled your service. No refunds will be granted. Your service will cancel at the end of the current billing period that you wish to cancel. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated. There is a $45 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. As we are a "Pay as You Go" provider, all services are rendered after payment is received.
Network Service Level Agreement "SLA", all accounts
StokesWifi offers its clients a 99% network uptime for customer satisfaction purposes and also to ensure that your services are running problem free. StokesWifi will try to maintain maximum uptime. StokesWifi is not responsible for any down time caused by client's error, weather related downtime, storms, power outages, vandalism, misuse of the networking equipment or issues that are beyond StokesWifi’s control.
Scheduled network maintenance downtime or downtime resulting from upstream AUP violations is not covered by the SLA.