South Carolina Business Net, Inc. Internet Services

Subscriber Access Terms and Conditions, Acceptable Use Policy, and Payment Terms

This agreement represents the complete agreement and understanding between Triplet Internet Access, Inc. and the account holder (hereinafter called subscriber) and supersedes any other written or oral agreement. Upon notice published on-line via South Carolina Business Net, Inc. services, South Carolina Business Net, Inc. may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our offices at 1-800-201-6349 at any time or by e-mail to billing@triplet.net so we can discontinue your service. Failure to notify South Carolina Business Net, Inc. constitutes your acceptance of these terms and conditions.

I. Subscriber Access

  1. South Carolina Business Net, Inc. requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. South Carolina Business Net, Inc. cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
  2. South Carolina Business Net, Inc. exercises no control whatsoever over the content of the information passing through it. South Carolina Business Net, Inc. makes no warranties of any kind, whether express or implied, for the service it is providing. South Carolina Business Net, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. South Carolina Business Net, Inc. will not be responsible for damages the subscriber suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
  3. Certain Internet services may contain language or pictures which some individuals may find offensive, inflammatory, or of an Adult nature. South Carolina Business Net, Inc. does not endorse such materials and disclaims any and all liability for such content.
  4. Use of any information obtained via South Carolina Business Net, Inc. is at your own risk. South Carolina Business Net, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  5. Although South Carolina Business Net, Inc. has taken every possible measure to insure that the software provided with the subscription service is error free, South Carolina Business Net, Inc. does not guarentee that the software will be compatible with all computer configurations. and, in some cases, may affect previously installed progams or hardware. The subsribers agrees to indemnify and hold harmless Triplet Internet Access, its officers, employees, agents, directors, shareholders and other users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from the installation of this software, whether by a South Carolina Business Net, Inc employee, the user, or a third-party.
  6. The subscriber may elect to have an authorized agent or employee of South Carolina Business Net, Inc ( hereinafter referred to as SCBN.NET) install the Internet software on the subscribers computer. The subscriber must bring their system, along with their operating system installation media (Windows 3.11 or Windows95 CD-ROM or 3.5" disks) to SCBN.NET's offices. Prior to the installation, the subscriber must sign a release statement relieving SCBN.NET, it's agents and/or employees, from any damages, lost data, or other problems resulting from said installation. Furthermore, SCBN.NET sole activity will be the installation of the Internet Software and insuring a connection to the Internet. If the software cannot be installed on the subscribers computer due to hardware or software incompatibilites, then the subscriber may elect to have the SCBN.NET employee or agent perform additional troubleshooting procedures at the rate of $20.00 per hour, with a minimum of 1 hour charge. If the Internet Software still cannot be installed due to the configuration of the customers hardware or software, then SCBN.NET will refund in full the Internet Subscription charge, but the labor charge for troubleshooting is non-refundable. Upon successful installation of the Internet software, the customer will be required to sign a release form which states that the software has been correctly installed and relieving SCBN.NET of any further obligation regarding such software. Furthermore, if the customer discovers in the future problems with other hardware, software, including but not limited to programs which will not run, missing data, or unrecognized hardware, SCBN.NET, it's employees and/or agents, will not be held accountable or responsible.
  7. SCBN.NET, Inc. Internet connections and all other services provided to the subscriber by SCBN.NET, Inc. may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. SCBN.NET, Inc. reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
  8. The subscriber agrees that the Personal Web is provided for posting of personal information. Any advertising, marketing, promoting or pricing of ANY enterprise, service or product, public or private is strictly forbidden. Any Triplet Internet Access subscriber attempting to do so will have their Web Page access removed until payment for the used service is arranged.
  9. Free Personal Web pages are limited to 5000 hits per month. Sites which have significantly more than 5000 hits per month are considered commercial and the subscriber will be billed at commercial rates.
  10. Personal WEB space is provided for the storage of information directly related to the subscriber’s WEB page. Any SCBN.NET subscriber attempting to store of any other information, data, or files will have their WEB page access removed.
  11. The subscriber agrees to defend, hold harmless, and expeditiously indemnify SCBN.NET, Inc. from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any convenient contained in this Agreement, and resulting from the subscriber's use of the service.
  12. SCBN.NET, Inc. accounts cannot be transferred or used by anyone other than the subscriber. No more than one login session can be used at any time by the subscriber on any system account. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
  13. The subscriber may not give out his/her user name and/or password to any other individual for the purpose of allowing that individual to access SCBN.NET’s services. If SCBN.NET detects that a subscriber has given another individual access to SCBN.NET services, the subscribers access will be immediately terminated and the subscribers account will be canceled without refund for any unused fees.
  14. The subscriber acknowledges that SCBN.NET is a commercial entity and may be used by subscribers to conduct legal businesses. These businesses should, however, not infringe upon the use of SCBN.NET's services by other subscribers.
  15. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
  16. No information exchanged between the parties shall be considered confidential unless it is subject to a separate written non-disclosure and confidentiality agreement.
  17. SCBN.NET, Inc. reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.

II. Acceptable Use Policy

  1. Should subscriber or any of its agents transmit any data over SCBN.NET's network and that data leaves SCBN.NET's network, that the data transmitted shall conform to the Acceptable Use Policy of the entered network (including member networks, regional or back-bone networks).
  2. Any traffic which is disruptive to SCBN.NET's network users or the users of any entered network is prohibited. This includes but is not limited to unsolicited mass electronic mail, deliberate attempts to disrupt networks, and attempts to violate system security.
  3. Regarding the connection, although a dialup account is unlimited (i.e. SCBN.NET does not bill for usage), it is not intended to be a full time connection nor are multiple concurrent logins allowed. Line will be disconnected after 20 minutes of inactivity. Member agrees not to use any automatic method to avoid inactivity disconnect, or automatic reconnection procedures and further agrees to keep the connection active only when the registered member is actively using it. Should any employee of SCBN.NET find that a login is being artificially maintained, it will be disconnected and the subscriber will be mailed a warning, and a maximum session limit time may be place on the users account. Upon the 2nd offense, the account will be temporarily suspended with a $15 reconnection fee. Upon the 3rd offense, the users account will be terminated, without refund for unused services, and SCBN.NET will have the right to refuse further service to the subscriber.
  4. SCBN.NET prohibits the use of our services for SPAMming. SPAMing is defined as:
    Sending unsolicited e-mail to more that 25 users.
    Sending unsolicited e-mail which results in complaints of any nature.
    Posting an article or advertisement to more than 10 newsgroups.
    Posting off-topic (as defined by the FAQ) to newsgroups or listservers.
    Attempting to send unsolicited e-mail or post to newsgroups by falsifying or disguising your user information.
    Doing any of the above through another provider and using Triplet Internet Access lines or using Triplet Internet Accesss services for users to respond to.

    SCBN.NET reserves the right to immediately terminate service if SPAMming is detected or if complaints are received. Triplet Internet Access may employ mechanisms to detect SPAMming and will cooperate fully with other ISP's on detecting and taking action against SPAMmers.

  5. Electronic mail and appropriate USENET newsgroups may be used only for personal use or in the conduct of legitimate business.
  6. SCBN.NET DOES NOT ALLOW users to run Mail list, Listserver or any form of auto-responder from a users shell.
  7. Processes that run or are activated while the user is not logged in are PROHIBITED.
  8. The connection and unlimited use policy is provided for Internet Access from the users system to the Internet. The connection may not be used to provide client services such as File Transfer Protocal (FTP), Telnet, News (NTTP), WEB (HTTP), Mail (SMTP), or any other services not specifically listed, without prior agreement with SCBN.NET. If the user chooses to provide these services from his/her system through the dial-up connection without making specific prior arrangements with Triplet Internet Access, then SCBN.NET assumes that the user agrees to pay the standard charges for these services and the user will be billed accordingly without prior notification or warning.
  9. The user may not set up his/her system to provide access through the connection from foreign connections or users on the Internet. Configuration of the users system in such a manner establishes the users intent to provide Internet Services and as such, the user will be responsible for any additional charges imposed by SCBN.NET for such services. SCBN.NET reserves the right to apply these charges to the users account without prior notification to the user. Configuration of the users system in this manner implies the users aggreement to pay these charges.
  10. Harassment of other individuals on the Internet or harassment after being asked to stop by those individuals and SCBN.NET will not be tolerated. When SCBN.NET becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, SCBN.NET may suspend access to services to the individual account in question. 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 SCBN.NET following payment of a reconnection charge.
  11. SCBN.NET reserves the right to terminate this agreement immediately, without compensation and/or warning, if this Acceptable Use Policy is violated.

III. Payment Terms:

  1. The Subscriber is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month.
  2. Additional service charges will be imposed on accounts which configure their system to provide Internet services to incoming Internet users. The Subscriber is responsible for these charges in addition to his/her billing period fee. (For a description of services for which additional charges will be imposed, see the "Acceptable Use Policy" above.)
  3. SCBN.NET's acceptance of payment from the subscriber obligates Triplet Internet Access to provide the subscriber with the facilities to connect to the Internet. It is the subscribers responsibility to insure that the subscribers computer equipment, hardware, software, and personal telephone line are in acceptable working order and are compatible with the equipment provided by SCBN.NET. If the subscriber experiences problems with their equipment which prevents them from connecting to SCBN.NET, then it is the subscribers responsibility to contact SCBN.NET and request a temporary account suspension. When the subscribers equipment is once again in working order, the subscriber must contact SCBN.NET and request re-instatement of their account. SCBN.NET will not assess a reconnect fee for this type of activity.
    Failure to use this account does not relieve the subscriber of payment obligations, regardless of the reason for which the account was not being used, including problems due to the subscribers equipment, vacation time, or any other reason which is due to the subscribers actions.
  4. Establishment of a single connection to SCBN.NET's service constitutes the subscribers acceptance of the service, regardless of the length of the connection. Once connected, it is the users responsibility to read and understand this user agreement, and if the subscriber does not agree with the terms and conditions contained herein, the subscriber must immediately disconnect and notify SCBN.NET to terminate their service. SCBN.NET will consult our on-line user activity logs to ascertain the amount of usage for the subscriber. If the amount of usage is greater than what may be considered short term use, then SCBN.NET has the right to withhold all or part of the subscription fee.
  5. SCBN.NET's "free technical support" is limited to assisting the user with connecting to SCBN.NET modems and accessing information on the World Wide Web (WWW) per subscription. The "free technical support" does not include support for third-party software, such as mail, chat, file transfer, web page development, or any other Internet or non-Internet software or hardware. The subscriber should contact the vendor of the product.
  6. Credit Card customers agree to allow SCBN.NET to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify SCBN.NET of any changes in Credit Card Number or expiration date. If the card is not honored for any reason SCBN.NET will attempt to charge the card for three (3) days. If the card is still not honored on the third day the customers' account will be suspended for seven (7) days pending payment. If no payment has been received within seven (7) days of deactivating the account, the account will be terminated. Re-establishment of the account will be subject to a reconnection fee.
  7. If payment is by check, payment due dates are indicated on your invoice. Billed accounts (not credit cards) are invoiced monthly, quarterly, or semi-annually, as per the subscription plan. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 10 days of the due date, service will be suspended for a period of seven (7) days pending receipt of payment. If payment is not received within the seven day period, the service will be terminated. 
  8. SCBN.NET has the right to instantly terminate service for any unpaid or partial paid subscriptions without notice. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding charges. In the event SCBN.NET utilizes an attorney or collection agency to collect such sums, the user shall be responsible for the payment of all of SCBN.NET attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the user's relationship with SCBN.NET shall be in Richmond county, in the state of Georgia.
  9. If the subscriber cancels service and has a credit, SCBN.NET will refund the remainder of the balance less a service charge. If the subscriber cancels service and has outstanding charges, then the subscriber will be sent a final statement, which is payable within 10 days of receipt. If the payment of the final charges are not received in 10 days, SCBN.NET will assess a interest charge of 1.5% per month on the outstanding balance. SCBN.NET also reserves the alert other Internet Service Providers to the fact that the subscriber has an outstanding balance due to SCBN.NET, which may prevent the subscriber from obtaining Internet services with another ISP. Likewise, if SCBN.NETis notified that a subscriber is in debt to another ISP, SCBN.NET may refuse the subscriber service until the outstanding dept is satisified, or SCBN.NET may act as the agent for the ISP and collect the monies due to that ISP.
  10. The User must notify SCBN.NET in writing to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies SCBN.NET within ten days of establishing said service. Accounts paid in advance will be cancelled on the account expiration date.
  11. All services must be paid in advance. Payment due dates are indicated on your invoice. If payment is not received within 10 days of the due date, service will be terminated. Termination of service shall not relieve the subscriber from the obligation to satisfy outstanding invoices. In the event SCBN.NET utilizes an attorney to collect such sums, the subscriber shall be responsible for the payment of all of SCBN.NET's attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the subscriber's relationship with SCBN.NETshall be in Richmond county Georgia.
  12. Subscriber must notify SCBN.NETin writing to cancel service. Fees for setup and the first month's service are not refundable.
  13. SCBN.NET reserves the right to cancel service for any reason without prior notice.
  14. Subscribers who notify their credit card companies of a fraudulent charge from SCBN.NET, Inc. that is later determined by the credit card companies to be valid will be assessed a $25.00 fee.

IV. Conclusion Statements

  1. This Agreement, including the Terms and Conditions, Acceptable Use Policy, and Payment Terms represents the entire agreement between the parties.
  2. This Agreement shall be governed by the laws of the state of Georgia. Any litigation shall take place in Richmond County.
  3. The law that applies to these Terms and Conditions is the law of the state of Georgia. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of SCBN.NET shall continue in force even in the event of termination of these Terms and Conditions on other grounds. SCBN.NET's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
  4. By the use of a SCBN.NET account the User accepts the terms and conditions set forth in this agreement.
  5. This Agreement is the sole agreement between the parties regarding connection to and use of SCBN.NET's Internet networking facilities. The Subscriber states that he/she or authorized agent has read and understands the terms and conditions as stated herein. This agreement supersedes all prior agreements, whether oral or written.
  6. These Terms and Conditions were last changed 19 December, 2000.