Terms of Service and AUP

The use of our services requires your agreement to our terms of service and acceptable use policies.

General Terms of Service for Ojai.Net

1. Authorized Use: Customer may use Services only for authorized and lawful purposes. All Services offered by ALLIANCE are subject to availability. ALLIANCE has the right to limit the manner in which any portion of its network and facilities ("Network") is used to protect the technical integrity of the Network. ALLIANCE is not liable or responsible for content, errors in transmission or failure to establish connections. Customer is liable for all costs associated with making a connection to ALLIANCE's network, including, but not limited to, circuit costs, usage fees, long distance charges, and costs of services provided by third parties to Customer. Customer must adhere to all acceptable use policies of ALLIANCE which are available on ALLIANCE's web page and are subject to change at any time. Customer may not spam, hack, or allow such activities to take place through their ALLIANCE connection. Customer may not resell, share or distribute service(s) to other persons or organizations without prior express written approval of ALLIANCE.
2. Network Information: ALLIANCE may establish and enforce network traffic flow management systems and policies on ALLIANCE network. ALLIANCE may use proxy servers, firewalls, and other networking equipment in the delivery of Service. ALLIANCE may limit or prevent access to or from certain ports or IP addresses to maintain network integrity, performance, or security. While Customer is not expressly prohibited from running network services or servers on ALLIANCE network, it should be noted that many services or servers can breach the acceptable use policy.
3. Monitoring the Services: ALLIANCE has no obligation to monitor any Services provided to Customer, however may do so and disclose information regarding use of Service for any reason if ALLIANCE, in its sole discretion, believes that it is reasonable to do so in order to protect itself, the integrity of the network, or to satisfy governmental or legal requests or to satisfy laws, regulations or other legal requirements. ALLIANCE may immediately remove material or information from ALLIANCE servers if ALLIANCE determines that such content violates ALLIANCE's Acceptable Use Policy, infringes on another's property rights, or is in violation of any law.
4. Technical Support Policy: ALLIANCE will make commercially reasonable efforts to assist Customer with initially establishing a connection to the ALLIANCE network. ALLIANCE will attempt to assist Customer with problems related to the Service provided by ALLIANCE, however, ALLIANCE, in its sole discretion, may choose to stop assisting Customer for any reason at any time. ALLIANCE is not responsible for general computer support, software support, hardware support, or any other support that has not been specifically contracted with ALLIANCE. It is Customers responsibility to have a properly working and maintained computer. Any support provided by ALLIANCE is made on a best effort basis. Such support should be construed as general recommendations only. Customer agrees that ALLIANCE is not liable for any loss, including loss of business, time, files, or property that may occur from following any recommendations made by ALLIANCE staff.
5. Cancellation or Modification of Orders: If Customer cancels a Service Order in writing and such cancellation request is received by ALLIANCE fewer then 10 days to the install date, Customer must pay all ALLIANCE out of pocket expenses, including any third party charges incurred by ALLIANCE to fulfill the order prior to cancellation. If Customer requests a delay of installation of Service in writing and such delay request is received by ALLIANCE no later than 10 days prior to the due date, Customer will not incur any additional charges. If Customer requests a delay of installation after such time, and such delay causes ALLIANE to incur additional costs, Customer will be liable for incurred costs. If Customer requests changes to a Service Order that require ALLIANCE to incur additional engineering expenses, Customer will be responsible for ALLIANCE's then current rates.
6. Equipment, Installation and Interconnection: Other than the facilities, termination equipment or other devices provided by Customer, and unless otherwise provided elsewhere in this Agreement or any attachments hereto, ALLIANCE will pay for, provide, install, maintain, operate, control and own any equipment, cable and/or facilities connected to the Network ("System Equipment"), which equipment at all times remains ALLIANCE's personal property, regardless of where located or attached. ALLIANCE may change or replace the System Equipment so long as the basic technical parameters of the Service are not altered. Customer may not rearrange or move or disconnect the System Equipment, and is responsible for any damage to or loss of System Equipment caused by Customer's negligence or willful misconduct or that of its end users. ALLIANCE has no obligation to install, maintain or repair any equipment owned or provided by Customer, except as may be specifically provided herein. ALLIANCE's responsibility ends at the demarcation point, which is usually at the Ethernet cable leaving the System Equipment. If Customer's or an end user's equipment is incompatible with Service, Customer is responsible for any special interface equipment or facilities necessary to ensure compatibility. If, in responding to a Customer-initiated service call, ALLIANCE reasonably determines that the cause of such service call is a failure, malfunction or inadequacy of Customer-provided equipment or software, Customer will pay ALLIANCE for such service call at ALLIANCE's then prevailing rates.
7. Installation: Upon completing installation, ALLIANCE will notify Customer that Service has been installed, tested by ALLIANCE and is available for Customer's use ("Service Date"). Unless Customer notifies ALLIANCE by fax or in writing by close of business on the Service Date that Service is not operational, the term of the Service Order will begin and billing will commence. If Customer so notifies ALLIANCE, ALLIANCE will work to correct any compliance issues. If ALLIANCE does not find a defect in service, ALLIANCE will notify Customer, and the Service Date will remain unchanged.
8. Charges, Billing and Payment: Provision of Service is subject to ALLIANCE's approval of Customer's credit standing. ALLIANCE requires a last month deposit equal to the value of the monthly service. The deposit is non-refundable, and will be used to pay for the last month of the contract, or the end of future contracts if service is extended beyond the initial contract. If customer terminates contract, the last month deposit will extend service for one month beyond the currently billed month. Billing for Services begins on the Service Date and will not be delayed due to Customer premises equipment or Customer's readiness to accept or use Service. ALLIANCE bills in advance for Service, except for charges based on usage. Any installation charges or other non-recurring charges will appear on the first month's invoice and/or statement. Taxes, surcharges and governmental fees are not included in ALLIANCE's charges and will be billed and paid by Customer as separate line items. Customer will pay any and all taxes, fees, surcharges or assessments unless and until Customer provides ALLIANCE with an exemption certificate. All amounts billed are due by the first of the month, for that month's service. Any payment or portion thereof not made when due is subject to a late charge of 1% per month on the unpaid amount with a minimum charge of $5.
9. Claims and Disputes: If Customer disputes any charges billed hereunder, Customer must submit a documented claim regarding the disputed amount within 60 days of receipt of the bill on which the disputed charges appear. All claims regarding disputed charges not submitted to ALLIANCE within such time are deemed waived. Withheld disputed amounts determined in favor of ALLIANCE and paid disputed amounts determined in favor of Customer will bear interest at the rate of 1% per month from the date payment was due or made, as applicable, to the date payment was made or refunded, as applicable.
10. Governmental Authorization, Regulatory Changes: This Agreement is subject to all applicable federal, state and local laws, rules and regulations, and each party must comply with all applicable federal, state and local laws, rules, regulations and orders in performing its obligations hereunder. To the extent any provision of this Agreement conflicts with any such applicable law, rule or regulation, such law, rule or regulation will supersede the conflicting provision. ALLIANCE may discontinue, limit or impose additional requirements to the provision of Service, upon 15 days written notice, as required to meet regulatory requirements or when such requirements have a material, adverse impact on the economic feasibility of ALLIANCE providing Service, as determined in ALLIANCE's reasonable business judgment.
11. Indemnification: Each party ("Indemnitor") must indemnify, defend and hold harmless the other party ("Indemnitee") from all losses or damages arising from or related to personal injury or property damage caused by the negligence or willful misconduct of Indemnitor. Customer must indemnify, defend and hold harmless ALLIANCE from all losses or damages arising from Customer's breach of this Agreement, violation of any third party intellectual property right, all claims of any kind by Customer's end users, or any act or omission of Customer in connection with any Service provided hereunder.
12. Limitation of Liability: ALLIANCE is not liable for any indirect, incidental, consequential, special or punitive damages (including without limitation, lost profits or revenue) arising out of or related to the provision of Services hereunder, including any claims made by or through third parties. ALLIANCE's liability to Customer may not exceed one month's calculation of monthly charges for the applicable Services. ALLIANCE has no liability whatsoever for the content of information passing through its network. Customer IS liable for any costs that ALLIANCE incurs dealing with Customer's breach of the acceptable use policy, including, but not limited to: system administration time, legal fees, technical support, and network downtime costs.
13. Price Changes: ALLIANCE reserves the right to increase pricing after the initial term. If market conditions impact ALLIANCE's ability to maintain current costs for providing the services "Market Price Increase", and those increased costs have a material, adverse impact on the economic feasibility of ALLIANCE providing Service, as determined in ALLIANCE's reasonable business judgment, ALLIANCE may change the price during the term of the contract. If a Market Price Increase forces ALLIANCE to raise prices, ALLIANCE will notify Customer in writing 30 days before new prices become effective. Customer may choose to cancel service and contract with no penalty because of a Market Price Increase by notifying ALLIANCE in writing within 15 days of receipt of ALLIANCE's notice.
14. Termination by ALLIANCE: ALLIANCE may terminate this Agreement or any Service Order hereunder, or suspend Services, with prior written notice, upon (a) Customer's failure to pay any amounts as provided herein; (b) Customer's breach of any provision of this Agreement or any law, rule or regulation governing the Services; (c) any insolvency, bankruptcy assignment for the benefit of creditors, appointment of trustee or receiver or similar event with respect to Customer; (d) it becomes no longer possible to provide service to Customer; or (e) any governmental prohibition or required alteration of the Services. ALLIANCE may terminate or suspend Services without notice if: (a) necessary to protect ALLIANCE's network; (b) ALLIANCE has reasonable evidence of Customer's fraudulent or illegal use of Services; or (c) required by legal or regulatory authority. Any termination shall not relieve Customer of any liability incurred prior to such termination, or for payment of unaffected Services. All terms and conditions of this Agreement shall continue to apply to any Services not so terminated, regardless of the termination of this Agreement. If the Service provided under any Service Order hereunder has been terminated by ALLIANCE in accordance with this section, and Customer wants to restore such Service, Customer first must pay all past due charges, a non-recurring charge, reconnection charge and a deposit equal to 2 months' recurring charges.
15. Termination Liability: If Customer terminates this Agreement or any Service Order(s) hereunder prior to the end of the term of such Service Order(s) for any reason other than ALLIANCE's material breach of this Agreement that remains uncured after written notice and a reasonable cure period, Customer shall pay to ALLIANCE within 30 days of such termination all monthly recurring charges associated with the terminated Service(s) for the balance of the term in such Service Order(s).
16. Assignment: Neither party may assign this Agreement without the prior written consent of the other party, not to be unreasonably conditioned, withheld or delayed, except that ALLIANCE may assign its rights and/or obligations hereunder (a) to any parent, affiliate or subsidiary of ALLIANCE, (b) pursuant to any merger, acquisition, reorganization, sale or transfer of all or substantially all its assets, or (c) for purposes of financing.
17. Entire Agreement: This Agreement, together with the Service Order(s), any attachments and all applicable tariffs incorporated herein by this reference, sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any prior agreements, promises, representations, understandings and negotiations between the parties. In the event of a conflict, the Service Order shall prevail over this Agreement and any applicable tariff shall prevail over both. Any modifications, amendments, supplements to or waivers of this Agreement must be in writing and executed by authorized representatives of both parties.
18. Governing Law: This Agreement is governed by and subject to the laws of the State of California.
19. Headings: The headings herein are for convenience only and are not intended to have any substantive significance in interpreting this Agreement.
20. Jurisdictional Reports: Upon ALLIANCE's request, Customer will provide ALLIANCE with reports of its estimated or actual percentage of interstate and intrastate use of ALLIANCE's Services.
21. Litigation: If either party commences litigation under this Agreement, the prevailing party is entitled to reimbursement of its costs and attorneys' fees from the other party.
22. Non-Exclusivity: This Agreement is non-exclusive. Nothing herein prevents either party from entering into similar arrangements with other entities.
23. Notices: Whenever written notice is required to be provided by this Agreement, ALLIANCE must provide such notice to Customer's billing address, and Customer must provide such notice to ALLIANCE at Alliance Information Systems, LLC, PO Box 1700, Oak View, CA, 93022-1700, Attn: President. A notice is deemed given when delivered.
24. No Waiver: Either party's failure to enforce any provision or term of this Agreement shall not be construed as a future or continuing waiver of such provision or term of this Agreement.
25. Public Releases, Use of Name: Neither party may issue a news release, public announcement, advertisement or other form of publicity concerning the existence of the Agreement or the Services provided hereunder without the prior written consent of the other party. Customer may not use ALLIANCE's name, logo or service mark in marketing services to end users without prior written consent.
26. Representations and Warranties: Each party represents and warrants that it is fully authorized to enter into this Agreement. ALLIANCE represents and warrants to Customer that any Services provided hereunder will be performed in a professional manner. UNLESS SPECIFICALLY STATED HEREIN OR IN ANY SERVICE ORDER, ALLIANCE MAKES NO WARRANTIES, REPRESENTATIONS OR AGREEMENTS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
27. Severability: If any provision hereunder is declared or held invalid, illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable, or if impossible, the unaffected portions of this Agreement shall remain in full force and effect so long as the Agreement remains consistent with the parties' original intent.
28. Survival: The terms and conditions of this Agreement will survive the expiration or other termination of this Agreement to the fullest extent necessary for their enforcement and for the realization of the benefit thereof by the party in whose favor they operate.
29. Dialup Term: For dialup accounts, the term of service is month-to-month unless service is pre-paid, in which case the term will be for the amount of time service is pre-paid for.