Terms of Service

The Internet is a public forum and largely a free frontier of communication, expression and ideas. As a provider of Internet access, Sum.Net does, however, require its customers to abide by certain terms and conditions to prevent fraud, abuse and, in some cases, violations of law. Below are the terms and conditions of service that all Sum.Net subscribers are required to adhere to when using the Internet services of Sum.Net (the “ISP”). These terms and conditions are subject to change from time to time and these changes will be posted here.

1. The ISP has little or no control over the content of the information passing through its facilities to its subscribers and makes no warranties of any kind, express or implied, for the service it is providing or the content received by its subscribers. The ISP makes no claims or warranties of merchantability or fitness for any particular purpose of said service or content. The ISP is not responsible for damages suffered by its subscribers, including but not limited to loss of data, virus infections, non-deliveries, mis-deliveries, or service interruptions whether caused by the subscriber, the ISP, or due to the fault of third parties.

2. Certain Internet content may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. The ISP does not endorse such materials and disclaims any and all liability for such content. To the extent that the ISP attempts to block certain objectionable email or Internet content through filters, the ISP is not responsible for the failure of such filters to block this material or the failure of such filters in blocking non-objectionable material.

3. Use of any information obtained via the ISP is at the subscriber’s risk. The ISP specifically denies any responsibility for the accuracy or quality of information obtained through its services. The ISP recommends its subscribers be vigilant in verifying the accuracy of said information.

4. Internet connections and all other services provided to subscribers by the ISP 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 regulations or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other law or statute, threatening material or obscene material.

5. Subscribers agree to indemnify and hold harmless the ISP from any claims resulting from their use of the service.

6. Services provided by the ISP cannot be used to send unsolicited advertising, promotional materials, or bulk emails to other Internet users. The ISP, at its sole discretion, may warn, suspend or cancel service to any of its subscribers if it determines, also at its sole discretion, that said subscribers have violated this condition.

7. Services provided by the ISP cannot be used to gain unauthorized access, disrupt network or Internet performance, or transfer viruses, worms or trojans to other systems, computers or networks, or attempt to or assist others in attempting to do the same. The ISP, at its sole discretion, may warn, suspend or cancel service to any of its subscribers if it determines, also at its sole discretion, that said subscribers have violated this condition.

8. The ISP respects the privacy of its subscribers and its policy is not to monitor email or other Internet communications, except when trying to diagnose an email or delivery problem. The ISP does reserve the right to monitor communications in order to investigate potential abuse or fraud. The services offered by the ISP are not considered secure communications medium with regards to the Electronic Communications Privacy Act, and no expectation of privacy on the Internet is afforded.

9. The ISP reserves the right to suspend or cancel service for any reason without prior notice to any of its subscribers. In case of cancellation by the ISP, at the ISP’s sole discretion unused fees may be returned to the subscriber on a pro-rata basis, excluding any portion for a partial month of service or any setup fees. Generally, no unused fees will be returned if said cancellation is due to a violation of these terms and conditions.

10. Subscribers may cancel service with the ISP at any time by providing written notice to the mailing address published in the “locations” section of the ISP’s web site, unless the subscriber is obligated under a separate written contract to continue service, in which case the terms of that contract shall supersede this condition. Such written notice must be received by the ISP prior to the intended cancellation date. Generally, pre-paid fees and setup fees will not be refunded to subscribers although the ISP reserves the right to do so in extenuating circumstances. Any outstanding fees owed to the ISP by the subscriber for unused services will still be due and payable to the ISP.

11. Fees charged by the ISP to the subscriber are considered fees for making the Internet services available. These fees are due whether or not the subscriber actually used the service. Under no circumstances will refunds be offered or fees waived because a subscriber was unable to or chose not to use the Internet services.

12. ISP accounts cannot be transferred or used by anyone other than the subscriber. The subscriber can use no more than one login session at any time unless specified by the ISP in their service offering or a separate contract.

13. Dialup Internet connections, unless specified as “dedicated connections” in the service offereing, are not intended to be full-time dedicated connections and can be disconnected at the ISP’s discretion after a period of inactivity no less than 20 minutes or a period of connectivity no less than 4 hours. Subscribers may not use any artificial and automatic methods to avoid inactivity disconnections.

14. The ISP requires that this agreement be made with a person who is qualified to contract. As such, the subscriber must be of the age of eighteen (18) years or older; otherwise, a parent or guardian must accept these terms and conditions and make the proper payments.

15. All subscribers are required to pay for services in advance of services rendered. In the event the subscriber does not make payment in advance, the ISP has the right to cancel or suspend service. The ISP may offer subscribers, at its sole discretion, a grace period or terms for making payment. In the event a grace period or terms are offered, the subscriber is responsible for making payment in a timely fashion. The ISP has the right to assess finance charges and late fees on delinquent accounts, as well as returned check fees, not to exceed those applicable by federal and state law. In the event the ISP utilizes an attorney or collection agency to collect outstanding amounts owed, the subscriber shall be responsible for the payment of all attorneys’ and collection agencys’ fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the subscriber relationship with the ISP shall be in Broward County, Florida.