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Bayou Internet
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Terms of Use

Domain Registration Agreement

Uniform Domain Name Dispute Resolution Policy

General/Dial-up Use of Service Agreement

1. USE OF SERVICES

A) Accounts are for individual use only. Member shall keep password secure and take reasonable measures to prevent unauthorized use of Member's password.

B) Member will disconnect the Service after any connection is idle for ten (10) minutes. Bayou Internet reserves the right to terminate idle connections exceeding ten (10) minutes.

C) A quota of 5 megabytes of disk space is allocated to each Member. If the disk quota is exceeded, a fee of $1.00 per megabyte per month will be billed to Member for the billing period during which the disk quota is exceeded.

D) Paragraphs 2A, 2B and 2C apply to individual dial-up accounts. Bayou Internet also offers dedicated connections and dedicated lines. These dedicated service accounts may not be governed by paragraphs 2A, 2B and 2C but are governed by all other terms and conditions of the Agreement. If Bayou Internet determines that the use of an individual dial-up account is excessive, Bayou Internet reserves the right to convert Member to a dedicated service account.

E) Commercial posting to non-commercial newsgroups or postings which are directed to inappropriate, unrelated, or more than 20 groups are prohibited.

F) Member may use Bayou Internet's Network Service for lawful purposes only. All uses by Member of Bayou Internet's Network Service shall comply with all local, state, and federal laws as well as, all rights, obligations, limitations or other interests of any third person or entity. Member shall not use the Network Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law, including but not limited to the transmission of material determined to be threatening or obscene, copyrighted material, or material protected by trade secret.

G) Member shall not use any process, tool, program or other method over the Network Service or any other network systems to ascertain another Member's password. Member shall not use the Network Service to make unauthorized access or attempt unauthorized access to the systems and/or networks of others.

H) Member's use of the service is at member's sole risk. Neither Bayou Internet nor any of its licensors, employees, or agents warrant that service will be uninterrupted or error free. Neither Bayou Internet nor any of its licensors, employees or agents makes any warranty as to the results to be obtained from use of the service. The service is distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Neither bayou internet nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the network service or inability to use the network service or out of any breach of any warranty.


2. FEES AND PENALTIES

A) Payment for the use of the Network Service shall be made in advance for each month's service and shall be billed on the 1st of each month, which is the beginning of Bayou Internet's accounting cycle and is due by the 15th. Monthly service charges on new accounts will be prorated. Monthly service charges for canceled accounts will not be prorated. Payment on accounts is due the 15th of every month. If an invoice is not paid in 45 days the account will be suspended. If an account is still not paid within 7 days of deactivation, the account will be turned over to a professional collection agency.

B) A delinquent account is one that remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by one accounting cycle may be put on "Accounting Hold" and can not be used. Accounts that are unpaid for two accounting cycles automatically will have their files purged. Bayou Internet accounts will continue to accrue monthly service charges while they are on Accounting Hold.

C) In order to remove an account from Accounting Hold, Member must pay the delinquent amount in full plus an interest charge on the delinquent amount as set forth below.

D) On all delinquent accounts: a late fee of $7.50 or 1 1/2 % per month (18% per year), whichever is greater, or the maximum rate allowed by applicable law shall be charged if payment is made after the due date. Member agrees to pay all costs of collection, including court costs and attorney's fees that Bayou Internet may incur in collecting Member's delinquent account.

E) Bayou Internet offers automatic credit card charging of monthly services. If Member elects to be invoiced monthly, a $2.25 per month service processing fee will be added to the amount due. If Member fails to meet payment via email, a paper statement will be mailed and $2.25 per month service processing fee will be added to their invoice. For ACH and credit card accounts, access to the account may be restricted if ACH or credit card processing fails for any reason.

F) When you provide a check as payment, you authorize us to use information from the check to make a one-time electronic fund transfer from your account, or to process the payment as a check transaction.

You authorize us to collect a fee as indicated below (plus a bank fee if allowed by your state law) through electronic fund transfer from your account if your payment is returned unpaid. The fee is $25.00.

Please include the following on your check:

Drivers License #
Full Name
Street Address
Phone Numbers


3. TERMINATION AND CANCELLATION

A) Member may cancel the account upon written notice received by Bayou Internet in its main office by e-mail, fax, or U.S. mail at least five (5) days prior to the 1st day of the next accounting cycle. Accounting cycles begin on the 1st of each month. Cancellation of the account does not relieve Member of responsibility for any past due amounts owed at the time of cancellation. Member will not be refunded for the first month's service charges if Bayou Internet has already set up the account and made the service available to the member.

B) Bayou Internet reserves the right in its sole discretion to suspend or terminate Member's account at any time. Termination or cancellation of the account by either party shall not act as a waiver of any breach of the Agreement and shall not act as a release of either party from any liability for breach of such party's obligations under the Agreement.


4. MISCELLANEOUS

A) Bayou Internet may without notice amend or supplement the Agreement as it deems necessary without permission or consent of Member.

B) Bayou Internet may, upon 30 days notice, change the service charge for Member accounts.

C) Customer is responsible for any long distance or telco charges.

D) Customer is responsible for having a dial up modem.

E) Customer is responsible for having an analog phone line.



DSL Agreement Terms

TERMS: Customer shall pay for the equipment and setup fee in advance. Monthly invoices will be mailed on the 1st of the month. Payment is due on or before the 15th of the month for which services are being billed. Bayou Internet, Inc shall be entitled to collect interest on overdue payments at the maximum rate allowable by law.

OTHER: The Attachments, which consist of General Terms and Conditions, are made part of this Agreement and the provisions thereof shall bind the parties as if contained in the body of this Agreement.

AGREEMENT: Bayou Internet, Inc agrees to provide the services specified above, and Customer agrees to receive and pay for these services, and both agree to comply fully with all of the provisions of this Agreement, including the Attachments. The term of this Agreement shall begin with the commencement of services, which shall be defined as the day on which DSL service is installed on Customer's phone line.

It is the CUSTOMER'S RESPONSIBILITY to ensure that there is an available telephone jack in the location they wish their router to be connected. In the event of a telephone system being in place (i.e. PBX, Essex, etc.), the jack in question must run directly to the initial point of termination and NOT through the telephone system. Bayou Internet is not responsible for any fees and/or delays incurred if a correct jack is not provided, and additional install trips will be charged at $95.00 per hour. If a security alarm system is in place we recommend that the customer verifies what phone line it is installed on before ordering DSL.

Bayou Internet recommends that customers have each of these devices filtered. If customer choses not to filter them, they must be willing to unplug them from the phone jack in order to test the line should technical problems arise

ATTACHMENTS TO AGREEMENT - GENERAL TERMS AND CONDITIONS

1) AUTHORIZATION Customer authorizes Bayou Internet, Inc. to reconfigure the phone line specified above to add DSL service for the purpose of obtaining Internet services at the address listed on this agreement.

2) PRE-INSTALLATION CANCELLATIONS Customer may cancel this agreement within 48 hours of placing their order with no penalty whatsoever. If Customer chooses to cancel this agreement after 48 hours from the time it was placed, but before installation has occurred, Customer will be subject to a $79 processing fee. If customer is using equipment that belongs to Bayou Internet, they agree to return the equipment to Bayou Internet at the time of cancellation. If equipment is not received by Bayou Internet in good working order within 14 days after cancellation, customer will be invoiced for the cost of the equipment.

3) POST- INSTALLATION CANCELLATIONS If Bayou Internet, Inc. is unable to provide Customer with the service selected or a viable option as authorized by Customer within 30 calendar days of the installation date, Customer may cancel this agreement without any obligation. However, if Customer cancels this agreement for any other reason prior to the end of the term of this agreement, Customer will be subject to pay the remaining balance of the contract to cover Bayou Internet, Inc.'s additional expenses. This fee will be drawn from credit/debit card or bank draft used at the time of sign up. If contract is broken for any reason, all specials will become void and customer will be charged original monthly price of service for the length of the special These fees will be drawn from credit/debit card or bank draft used at the time of sign up.

4) PAYMENT PLAN FOR EQUIPMENT If Customer chooses the payment plan option the Equipment, fees will be broken into payments to be made over the term of this agreement. If this agreement is canceled for any reason before the agreement has been paid in full, Customer agrees to return equipment to Bayou Internet, Inc. in good condition, or pay the retail price for the equipment. This would be in addition to paying the remainder of the agreement that might be due.

5) LOCAL ACCESS Customer shall be responsible for providing a local connection to the Bayou Internet, Inc point of presence. Maintenance of the local connection shall be the responsibility of the local carrier, and Bayou Internet, Inc shall not be responsible of service delays or disruptions or for loss or damage of any kind resulting from problems with the local connection. For installation of DSL service, individuals over the age of 18 may need to be present to grant the technician access into the home, garage, apartment building, basement, phone closet, etc.. Bayou Internet, Inc. is not responsible for Customer's lost wages or time while waiting for any appointments, regardless if the CLEC or ILEC have missed any appointments. This applies to lost wages or time during Trouble Ticket dispatches as well. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Bayou Internet, Inc. at least 48 hours in advance, there will be a $99.00 "Missed Appointment Fee". This is a fee that Bayou Internet, Inc. incurs from our vendor and which we must consequently pass along. In addition, Bayou Internet, Inc. is not responsible for loss of income due to an order not being completed within the time frame desired or from service outages.

6) Bayou Internet, INC SERVICE POINT Customer shall be responsible for providing any wiring from the local carrier demarcation at Customer premises to the desired Bayou Internet, Inc service point ("Service Point") which shall be within 6 feet of Customer computer and is where the Bayou Internet, Inc equipment ("Equipment") is to be installed.

7) EQUIPMENT Customer is not permitted to modify the configuration of the CPE equipment. Modifications to the equipment by Customer of any kind (including those that make the hardware inaccessible remotely to Bayou Internet technicians) will result in billable configuration/repair by Bayou Internet, Inc. and/or CLEC technicians, and voids all responsibility of Bayou Internet, Inc. for that DSL circuit and CPE. Bayou Internet, Inc will not be responsible for any damage to Customer hardware resulting from connection to Bayou Internet, Inc.. If a vendor technician dispatch is necessary to repair any Customer-initiated changes to the on-site DSL hardware that renders that device unreachable by Bayou Internet, Inc. remotely, or Customer-initiated wiring work that renders the service inoperable, Customer will incur a $99.00 technician dispatch fee.

8) SUPPORT SERVICES Bayou Internet, Inc shall provide Customer support as necessary to establish and maintain the services defined in this agreement. Customer support requested beyond that which is necessary for the provision of the defined services shall be billed to Customer at the rate of $95 per hour. The Professional Installation cost covers standard installation of the DSL service using existing interior wiring. If additional inside wiring work is required, the installing technician can run that for an additional cost of $95/hour.

9) FACILITIES At the Service Point, Customer shall provide the facilities ("Facilities") to support the installation and operation of the Equipment. In addition, Customer shall provide all equipment and facilities required to interface with the Equipment.

10) MAINTENANCE OF FACILITIES Customer shall maintain the areas where Equipment is placed in keeping with common definitions of an acceptable computer environment.

11) ACCESS TO FACILITIES & EQUIPMENT Bayou Internet, Inc or its authorized agents shall have reasonable physical access to the Facilities and Equipment for the purposes of installation, maintenance, and modification and for other functions in support of Customer services and the overall quality of the network connection and Bayou Internet, Inc.

12) USE OF NETWORK CONNECTION The network connection provided by Bayou Internet, Inc may be used by the directors, officers, and employees of Customer. Customer may not, however, provide a connection to Bayou Internet, Inc for other organizations or persons without the express consent of Bayou Internet, Inc, which consent may be withheld at its discretion.

13) ACCEPTABLE USE Customer shall ensure that its use of Bayou Internet, Inc shall not disrupt any of Bayou Internet, Inc or associated networks as a whole or any equipment or system forming part of their systems, or any services provided over, or in connections with any of Bayou Internet, Inc or associated networks. Bayou Internet, Inc shall not be used to transmit any communications where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient or recipients thereof. No message, including advertising, may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any user of Bayou Internet, Inc or any directly or indirectly attached network. However, when requested by a user of the networks, product information and other commercial messages are permitted to be transmitted over the network. Discussion of a product's relative merits by users of the product, and vendors' responses to those who pose questions about their products, may be made available over Bayou Internet, Inc. Use of Bayou Internet, Inc services in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Bayou Internet, Inc shall be considered a breach of this Agreement and may result in cancellation of services. Use of other organizations networks or computing resources is subject to their respective permission and usage policies.

14) INSURANCE Customer shall be responsible for loss due to theft or damage or as a result of structural failures of buildings or for damage or loss as a result of weather, lightening strikes, or any "Act of God."

15) NO WARRANTES; LIMITATIONS OF LIABILITIES Bayou Internet, Inc does not make any express or implied warranty of any kind. Specifically, there is no express or implied warranty of merchantability or fitness for a particular purpose for their services to be provided hereunder. Bayou Internet, Inc will not be responsible for any loss of data from delays, nondeliveries, incorrect deliveries, service interruptions, including those caused by the negligence, errors, or omission of Bayou Internet, Inc, or other losses or damages. Use of Information obtained via the services provided hereunder is at Customer's own risk. Bayou Internet, Inc shall not be liable to Customer for any damage arising from any event that is out of the control of Bayou Internet, Inc. Neither shall Bayou Internet, Inc be liable to Customer for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of Bayou Internet, Inc or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Bayou Internet, Inc has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid to Bayou Internet, Inc by Customer for the then current contract period.

16) AUTOMATIC RENEWAL, AND PRICE CHANGES This contract will automatically renew unless notice is provided by either party to the other at least 60 days prior to the anniversary date. Any prices increase will require notification at least 15 days in advance.

17) GOVERNING LAW AND ARBITRATION The parties will negotiate in good faith in an effort to resolve any dispute, disagreement or claim without resort to formal legal proceedings. During the course of such negotiations, all reasonable requests made by one party to the other for information will be honored in order that each of the parties may be fully apprised of the situation. This Agreement shall be governed by, and construed with, the laws of the State of Louisiana applicable to contracts to be performed entirely within the State. Any unresolved dispute, controversy, or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of either party, be submitted to and settled by arbitration mutually acceptable to both parties. Any award or other determination rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state, or federal, having jurisdiction. The expense of the arbitration shall be born equally by the parties, but each party shall pay for the costs of its own counsel, witnesses, and other personal expenses. If Customer disputes any amount due from Customer to Bayou Internet, Inc and on the date due, with notice that such payment is being made subject to the right of arbitration. If Customer shall fail to pay Bayou Internet, Inc an amount billed by Bayou Internet, Inc on the due date, Bayou Internet, Inc may terminate this agreement, may cease providing services under this Agreement, and may remove its equipment, software, and other facilities.

18) NOTICES Notices under this agreement shall be given in delivery in person to a n officer of the other party (in which event notice shall be deemed given at the time of that delivery), or by first class US Mail (in which event notice shall be deemed given 4 business days after deposit of notice in the US Mail with full postage thereon). To be effective, notices given via the US Mail shall be followed within 24 hours with FAX or electronic mail delivery of said notice.

19) NO ORAL REPRESENTATIONS All terms and conditions are contained herein. Any agreements between the parties that are not expressly set forth herein, including any prior or contemporaneous agreement or representation, are hereby superseded this Agreement.

20) DEPOSITS: If a deposit is required, it will be refunded at end of the contract. If the account is not kept current for the entire contract period, the deposit will be forfeited.

21) CREDIT INQUIRY Customers authorizes Bayou Internet and/or its designated agent to perform such credit inquiries as are required to qualify for requested services. Unqualified customers will be refunded initial payment less $10.00.



Acceptable Use Policy
Rationale: It is our intention to allow Bayou Internet customer’s access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our customers. However, Free Speech does not include the right to shout "Fire" in a crowded theater. In an analogous manner, certain activities are considered inappropriate by the Internet community at large, and cannot be permitted under the guise of Free Speech. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of Bayou Internet service, we will respond. Bayou Internet’s Acceptable Use Policy (AUP) is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such activities are given below:

Prohibited Uses: User may not:

  • Restrict or inhibit any other user from using and enjoying the Internet;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
  • Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
  • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
  • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
  • Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
  • Run or activate processes while User is not logged in;
  • Run or operate like services via connections into or received from Bayou Internet;
  • Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
  • Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Network unfriendly activity: Activities which adversely affect the ability of other people or systems to use Bayou Internet services or the Internet is prohibited.

Privacy violations: Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited.

Commercial e-mail: Sending unsolicited commercial e-mail is prohibited. Using a Bayou Internet e-mail address to collect responses from unsolicited commercial e-mail is prohibited

Mass Mailing: Sending large volumes of unsolicited e-mail is prohibited. User is restricted to the transmission, or distribution, of no more than thirty (30) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the thirty (30) limit.

Unauthorized Use of Relay Servers: Unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Auto Responds: Running Maillist, Listserv or any form of auto-responds from User's account is prohibited.

Harassment: Sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is prohibited always.

Fraudulent Content: User agrees to be held responsible for the distribution of fraudulent materials.

News Newsgroup spamming: Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 5 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be cancelled.

Internet Relay Chat (IRC): The use of IRC bots is prohibited, as is the violation of any accepted policies on IRC servers. If Bayou Internet is banned from a server, the offending account will be terminated.

Impersonation / Fraudulent Addressing: Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. The use of anonymous re-emailers and nicknames does not constitute impersonation. Purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Bayou Internet service.


General
Financial: Sharing Unlimited accounts with anyone other than immediate family member, or re-selling service without express written consent from Bayou Internet, or offering any public information service, such as running a web server or FTP server, with unlimited accounts is prohibited. Attempting to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots, programs and other methods of avoiding timing disconnection is prohibited. Untimely payment of any and all amounts due may result in account cancellation.

Privacy: It may be necessary for Bayou Internet employees to examine system accounting logs and other records to resolve system problems. Bayou Internet reserves the right to access an account's mailbox to resolve system problems or mail system errors. In addition, Bayou Internet will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity. Bayou Internet makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." Bayou Internet has no obligation to monitor the Service. However, User agrees that Bayou Internet has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Bayou Internet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.


Limitation of Dial-Up Services: Although Bayou Internet advertises "Unlimited Access" in regards to it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Bayou Internet services by any such User, which restricts overall Bayou Internet system availability for other such Users. These limitations apply only to Dial-Up access services offered by Bayou Internet.

• Idle Timeout
User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Bayou Internet service.

• Maximum Single Session
User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

• Minimum Re-Connect Limit
User understands they cannot log back onto the Bayou Internet system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

• Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Failure to Comply With Terms and Conditions: If a Bayou Internet account is used to violate these agreements, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations of the AUP will result in immediate termination of service. VIOLATION of ANY OF THE TERMS IN THIS AGREEMENT MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "E Mail" section of this document, will result in the IMMEDIATE PENALTY of $200. Bayou Internet RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Bayou Internet SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Bayou Internet SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Bayou Internet RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. If Bayou Internet denies User access to the Service because of such a violation, User shall have no right (1) to access through Bayou Internet any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Bayou Internet, and Bayou Internet shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. User also agrees to the immediate termination of Bayou Internet services for violation of any of these terms. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by Bayou Internet.


Terms and Conditions
Bayou Internet agrees to provide you ("User") with Satellite delivered Broadband Internet delivery service and, optionally, with dial up Internet connection and ISP services subject to User's compliance with the terms and conditions contained in this document. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer: THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Bayou Internet exercises no control whatsoever over the content of the information passing through Bayou Internet's system. Use of any information obtained via Bayou Internet is at User's risk. Neither Bayou Internet nor any of its affiliates, its licensers, its contractors or their respective employees warrants that the Service will be uninterrupted or error free; nor does Bayou Internet make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY BAYOU INTERNET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER BAYOU INTERNET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL BAYOU INTERNET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT BAYOU INTERNET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, BAYOU INTERNET'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. IT IS THE USERS RESPONSIBILITY AT ALL TIMES TO MAKE SURE THE NUMBER BEING DIALED IS A LOCAL NUMBER. THE USER IS RESPONSIBLE FOR ALL LONG DISTANCE CHARGES TO THE ACCOUNT. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Bayou Internet in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Local Access: Customer shall be responsible for providing a local connection to the Bayou Internet, Inc point of presence. Maintenance of the local connection shall be the responsibility of the local carrier, and Bayou Internet, Inc shall not be responsible of service delays or disruptions or for loss or damage of any kind resulting from problems with the local connection. For installation of service, individuals over the age of 18 may need to be present to grant the technician access into the home, garage, apartment building, basement, phone closet, etc.. Bayou Internet, Inc. is not responsible for Customer’s lost wages or time while waiting for any appointments, regardless if the CLEC or ILEC have missed any appointments. This applies to lost wages or time during Trouble Ticket dispatches as well. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Bayou Internet, Inc. at least 48 hours in advance, there will be a $99.00 "Missed Appointment Fee". This is a fee that Bayou Internet, Inc. incurs from our vendor and which we must consequently pass along. In addition, Bayou Internet, Inc. is not responsible for loss of income due to an order not being completed within the time frame desired or from service outages.

Service Point: Customer shall be responsible for providing any wiring from the local carrier demarcation at Customer premises to the desired Bayou Internet, Inc service point (“Service Point”) which shall be within 6 feet of Customer computer and is where the Bayou Internet, Inc equipment (“Equipment”) is to be installed.

Equipment: Customer is not permitted to modify the configuration of the CPE equipment. Modifications to the equipment by Customer of any kind (including those that make the hardware inaccessible remotely to Bayou Internet technicians) will result in billable configuration/repair by Bayou Internet, Inc. and/or CLEC technicians, and voids all responsibility of Bayou Internet, Inc. for that DSL circuit and CPE. Bayou Internet, Inc will not be responsible for any damage to Customer hardware resulting from connection to Bayou Internet, Inc.. If a vendor technician dispatch is necessary to repair any Customer-initiated changes to the on-site DSL hardware that renders that device unreachable by Bayou Internet, Inc. remotely, or Customer-initiated wiring work that renders the service inoperable, Customer will incur a $199.00 technician dispatch fee.

Support Service: Bayou Internet, Inc shall provide Customer support as necessary to establish and maintain the services defined in this agreement. Customer support requested beyond that which is necessary for the provision of the defined services shall be billed to Customer at the rate of $95 per hour. The Professional Installation cost covers standard installation of the service using existing interior wiring. If additional inside wiring work is required, the installing technician can run that for an additional cost of $95/hour.

Facilities: At the Service Point, Customer shall provide the facilities (“Facilities”) to support the installation and operation of the Equipment. In addition, Customer shall provide all equipment and facilities required to interface with the Equipment.

Maintenance: Customer shall maintain the areas where Equipment is placed in keeping with common definitions of an acceptable computer environment.

Access to Facilities and Equipment: Bayou Internet, Inc or its authorized agents shall have reasonable physical access to the Facilities and Equipment for the purposes of installation, maintenance, and modification and for other functions in support of Customer services and the overall quality of the network connection and Bayou Internet, Inc.

Indemnification: Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Bayou Internet, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Bayou Internet, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Bayou Internet in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Bayou Internet shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit: User represents to Bayou Internet that all of it's employees are 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Service Limitations: Bayou Internet’s desire is to assure that each end-user subscriber has an “as advertised” surfing experience. In order to insure that the service is available to all subscribers on an equal basis, certain “Reasonable Use” controls are placed on the service. These are described below for both the satellite service and optional dial up service portions on Bayou Internet’s service provision.

Terms of Payment: Payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Bayou Internet in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within ten (15) days of the due date, service will be terminated and a reconnect fee of $25.00 will be added to charges for Service. Bayou Internet maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of $7.50 or 1.5% per month, whichever is greater, or as permitted by the law, on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Bayou Internet utilizes an outside collection agency or attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Bayou Internet's attorneys' fees and costs in the collection of these sums.

No Confidentiality: Information transmitted through Bayou Internet and through the Internet in general is not confidential. Bayou Internet cannot and shall not guarantee privacy or protection of any User. Bayou Internet reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Bayou Internet.

Non-transferable: The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service: If User wishes to make purchases on the Service, the merchant or information or service provider from whom User is making the purchase may ask User to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No Oral Representations: All terms and conditions are contained herein. Any agreements between the parties that are not expressly set forth herein, including any prior or contemporaneous agreement or representation, are hereby superseded this Agreement.

No System Backup: Bayou Internet does not and will not perform system backups on any User's E-mail account(s). Bayou Internet shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Bayou Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Use of Network Connection: The network connection provided by Bayou Internet, Inc may be used by the Customer. Customer may not, however, provide a connection to Bayou Internet, Inc for others without the express consent of Bayou Internet, Inc, which consent may be withheld at its discretion.

Insurance: Customer shall be responsible for loss due to theft or damage or as a result of structural failures of buildings or for damage or loss as a result of weather, lightening strikes, or any “Act of God.”

Automatic Renewal and Price Changes: This contract will automatically renew unless notice is provided by either party to the other at least 60 days prior to the anniversary date. Any prices increase will require notification at least 15 days in advance.

Miscellaneous: User agrees to notify Bayou Internet if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Bayou Internet. In the event that any portion of this Agreement 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. Bayou Internet's failure to insist upon or enforce strict performance of any provisions of this Agreement 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 this Agreement. Bayou Internet may modify this Agreement from time to time by placing a notice of such modification at old.bayou.com, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Bayou Internet shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Bayou Internet. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Bayou Internet as the defendant, shall be proper only in a venue determined by Bayou Internet. In any action between Bayou Internet and User to enforce any of the terms of this Agreement, Bayou Internet shall be entitled to recover expenses, including reasonable attorney's fees.

Customer authorizes Bayou Internet and/or it's designated agent to perform such credit inquiries as are required to qualify for requested services.

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