Terms and Conditions
IOCC.com User Policies
- This statement of IOCC.com,
LLC User Policies is binding upon all IOCC.com customers and users (hereinafter
collectively referred to as "customer" or "user"),
and use of an IOCC.com account constitutes a contract and an acceptance
by the user of all of the following terms and conditions. All of the terms
and conditions included within customer's new/modified IOCC.com account
document are also part of the contractual terms between customer and IOCC.com.
IOCC.com's goal is to provide its users with the best possible Internet
access services, and following these policies will help accomplish this
goal. Violation of these policies may result in suspension or termination
of a user's IOCC.com account without prior notice.
- IOCC.com, LLC does not actively monitor nor exercise editorial control
over the content of any web site, electronic mail transmission, newsgroup,
mailing list, chat or other material available over the Internet through
IOCC.com's Internet access services. IOCC.com reserves the right to remove
any materials that IOCC.com becomes aware of that are, in IOCC.com's sole
discretion, potentially illegal, violate these policies, or which could
cause civil liability.
- The use of IOCC.com, LLC's Internet access services are limited to
the customer opening an IOCC.com account and members of customer's household,
and to members of a business entity opening a customer account. Each customer
opening an account must be at least 18 years of age, and such customer
shall be responsible for the use of customer's account by minors. Customers
are encouraged to supervise Internet access by minors, and to utilize
one of the many parental supervision programs on the market such as Cyber
Patrol, Net Nanny and others.
- Customer agrees that at no time will more than one simultaneous modem
connection be established to IOCC.com, LLC's Internet access services
using customer's account. Customer agrees to keep customer's account password
confidential and to not allow use of customer's IOCC.com account by other
persons, except authorized users in customer's household or business.
- Customer agrees that any material submitted for publication on IOCC.com,
LLC Web pages through customer's account will not violate or infringe
upon any copyright, trademark, patent, statutory, common law or proprietary
rights of others, nor contain anything defamatory.
- Using a personal account for commercial or high volume use is prohibited. High volume
usage is defined as more than fifteen (15) hours a day for dial-up accounts.
High-volume use for high-speed accounts is determined on a case-by-case basis.
Commercial services are available. Please contact Joe Phelps (firstname.lastname@example.org)
about opening a commercial account and see the IOCC.com web site for additional
information about IOCC.com commercial services. Use of software or any
device that allows your account to stay logged on while you are not actively
using IOCC.com Internet access services or using the account for purposes
of operating a server of any type is prohibited without IOCC.com's written
- The network resources of IOCC.com, LLC shall not be used to impersonate
another person or misrepresent authorization to act on behalf of others.
All messages transmitted via IOCC.com shall correctly identify the sender,
and users shall not alter the attribution of origin in electronic mail
messages or postings. No one shall attempt to undermine the security or
integrity of IOCC.com's computer systems or networks, either intentionally or
unknowingly, and shall not attempt to gain unauthorized access.
Running IOCC.com server side applications is strictly prohibited.
All IOCC.com users agree to
use IOCC.com's Internet access services for lawful purposes only.
IOCC.com reserves the right to, at any time for any reason, interrupt or
suspend access, interrupt, suspend or delete services, or terminate a customer's account.
- IOCC.COM'S INTERNET ACCESS SERVICES ARE PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; AND THERE ARE NO WARRANTIES FOR QUALITY,
CONDITION OR PERFORMANCE. IOCC.COM DOES NOT WARRANT THAT THE INTERNET
ACCESS SERVICES OR ANY SOFTWARE PROVIDED WILL BE ERROR FREE OR THAT DEFECTS
IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
- Under no circumstances shall IOCC.com, LLC, and its agents and employees,
be liable for any incidental, consequential, direct, indirect, punitive
or special damages, including but not limited to damages that may be suffered
by any customer or user from loss of data, non-deliveries, service interruptions,
mistakes, omissions, unauthorized access and any other errors or defects.
Use of any information obtained through IOCC.com, LLC's Internet access
services are at customer's own risk, and IOCC.com, LLC disclaims any responsibility
for the accuracy or quality of information obtained through its services.
Notwithstanding the above, customer's sole and exclusive remedy for all
damages, losses and causes of action whether in contract or tort, including
negligence, shall not exceed the prorata dollar amount paid by customer
to IOCC.com, LLC for the period of time for which customer's complaint
- Customer agrees to defend, indemnify and save and hold IOCC.com, LLC,
and its employees and agents, harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees, that may
arise or result from any service provided by customer to others, services
agreed to be provided by customer to others, any product sold by customer,
and any other Internet access use by customer and customer's agents, employees
and assigns using customer's IOCC.com Internet access services.
- Customer agrees that these IOCC.com, LLC user policies, including
all terms and conditions hereof, shall constitute a contract between customer
and IOCC.com upon customer's use of customer's IOCC.com account, which
shall be governed and construed in accordance with the laws of the State
of Arkansas. Customer further agrees and consents that the courts of Clark
County, Arkansas, USA, shall have exclusive jurisdiction, and shall be
the exclusive venue for any legal action relating to this contract or
to the Internet access and other services provided by IOCC.com. Customer
agrees that the statute of limitations for any claims against IOCC.com
shall be brought within one year from when the claim arose, and any claims
not brought within such period of time shall be deemed waived.
- If any part, term or provision hereof is determined to be invalid
or unenforceable by any court, board or tribunal of competent jurisdiction,
then such term or provision shall be construed in all respects as if such
provision were written in a manner acceptable to said court, board or
tribunal, and if found totally unacceptable, then this contract shall
be construed as if such invalid provision were omitted altogether, and
the remaining contract terms hereof shall remain in full force and effect.
- The failure by IOCC.com, LLC to insist upon compliance by customer
with any term or condition hereof shall not constitute a waiver of any
rights hereunder, nor shall it constitute a waiver of the right to enforce
any such term or condition at a later date.
- IOCC.com, LLC has no practical ability to restrict all conduct,
communications or content which may violate any of these policies prior
to transmission using IOCC.com's Internet access services, nor can IOCC.com
ensure prompt removal of any such communications or content after transmission
or posting. Accordingly, IOCC.com cannot and shall not assume any liability
for any failure to enforce the terms hereof.
IOCC.com retains logs from our servers for only a few days.
This includes but is not limited to e-mail transaction logs for up to 7 days,
web server access logs for up to 30 days, and modem access logs for up to 90 days.
Any legal requests for logs must be received in our office in
time for us to preserve the logs before they are automatically deleted by our system.
- No fees are refundable, and payment is due for the
full month for any partial month use, except for the first month's usage
which will be prorated to the date that the account is opened. Notice
of termination of your account must be given in writing or in person before
the first of the month to avoid incurring another month's charge.
IOCC.com is not responsible for overdraft charges caused by billing errors.
Automatic electronic billing is processed between the 1st and 5th of each month.
Late fees will be applied to accounts with past due balances. Returned
checks and electronic payments not honored are subject to a $20 fee. Delinquent
accounts suspended due to past due balances will be subject to a $20 reconnect fee.
- IOCC.com reserves the right to amend the terms and conditions hereof
at any time without prior notice. Notice of modifications to these policies
may be given by posting notice of such changes to IOCC.com's Home Page,
by electronic mail, by fax or by conventional mail. Customer agrees that
use of customer's IOCC.com account constitutes acceptance of all of the
terms and conditions expressed above, and as such may be amended in the
- Additional terms and conditions apply to broadband services:
IOCC.com broadband packages anticipate occasional high-speed
transfers of data that use a reasonable amount of bandwidth.
This bandwidth is determinted by IOCC.com management at a level
deemed adequate for essential internet services such as
sending and receiving e-mail, web browsing, and occasional file
transfers using http and ftp protocols.
IOCC.com broadband packages do NOT include the bandwidth required for
sustained transfers of data using large amounts of bandwidth. Customers
consuming large amounts of bandwidth may incur additional charges.
Applications that consume large amounts of bandwidth include
(but are not limited to) high-traffic web servers, high-traffic
unfiltered e-mail servers, and peer-to-peer file sharing applications
such as eDonkey, BitTorrent, Limewire, Morpheus, and Kazaa.
Items 1-5, 7-16 last updated March 30, 2005. Item 17 added May 31, 2005 and modified March 27, 2007.
Item 6 modified May 1, 2009.