Tranquility Internet Services, Inc. (the “Company”) operates the Tranquility Internet service (“we” or “Tranquility”). Tranquility is a communication service providing internet access services on its host computing systems to account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
Tranquility services are defined as the use by the customer (“you”) of computing, telecommunications, software, and information services provided by Tranquility. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the internet.
By subscribing to use any of our services including, but not limited to, internet access, electronic mail (e-mail), news groups, web site design, web site hosting, internet consulting services, and network consulting services you accept all of the terms of this Agreement and you become an authorized customer or subscriber (a “Customer”) of Tranquility. By use of Tranquility’s services you accept this Agreement which is a condition of your Account.
This agreement represents the complete agreement and understanding between Tranquility and you and supersedes any other written or oral agreement. We may change this Agreement at any time and changes are effective upon notice published on-line via Tranquility to Customers. If you do not agree to these terms and conditions, you must notify us in writing by a method provided in the section on Notices below and immediately terminate your use of Tranquility. By continuing to use Tranquility, you accept each change.
Tranquility exercises no control whatsoever over the content of the information passing through. Tranquility makes no warranties of any kind, whether expressed or implied, for the service it is providing. Tranquility also disclaims any warranty of merchantability or fitness for a particular purpose. Tranquility will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Tranquility is at your own risk. Tranquility specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Tranquility exercises absolutely no control over the content of the information passing through or contained on the Tranquility network computers. Tranquility is only a provider of access. Any information, products and services available on or through the Internet are provided by other Internet users or independent providers. The availability and contents of an Internet site are the responsibility of the providers of that site. You acknowledge that portions of the Internet may contain language, pictures or other materials which some individuals may find offensive, inflammatory, of an adult nature, or otherwise objectionable. Such contents are the sole responsibility of the applicable provider. Tranquility has no responsibility for or control over such materials and disclaims any and all liability for, and knowledge of, their contents. Your access to such materials is at your own risk. It is your responsibility to use as you see fit Internet access control software of your choosing to limit access to the Internet by any minors that you may permit to use your account. Minors who access Tranquility are assumed to have parental or guardian consent before accessing Tranquility.
You, the customer, take the responsibility for your actions on Tranquility’s system and any system that you may access using Tranquility’s service. You must comply with whatever rules or acceptable usage policies are in force for each system accessed. If you act irresponsibly or your actions endanger our systems, connections, or other customers’ privileges, or if Tranquility receives notice about such behavior Tranquility may suspend or terminate your access at any time, with or without notice.
You are responsible for providing all equipment, devices and software necessary to receive Tranquility. It is your responsibility to keep your password secret. You agree that your account will be used by one person at a time.
Our services are provided on an “as-available” basis. We will strive to make service available at all times, however, service may be temporarily interrupted for routine maintenance, upgrades, or due to circumstances beyond our control. In no event will we be liable for any service outages, or for consequences arising there from.
Tranquility will also perform periodic maintenance on its network which may cause temporary interruption of service. Tranquility will use its best efforts to perform non-emergency maintenance at times that will have the least impact on service availability to all customers. Furthermore, Tranquility will not always give notice to customers of a scheduled non-emergency network outage. You acknowledge that Tranquility must perform such tasks as it deems appropriate in the complete and only discretion of Tranquility and agree to hold Tranquility harmless for any potential loss or damage of any kind that may be suffered by you as a result.
Finally, you grant Tranquility the right to manage the overall network through techniques such as reducing the amount of bandwidth available to excessive bandwidth users during highly congested network periods.
You or other family/household members permitted by you are the only authorized users of the service(s) sold to you by Tranquility. Any unauthorized use of your account shall be reported by you to Tranquility within 24 hours of discovery of the unauthorized use. Failure to notify Tranquility within 24 hours will result in you being liable for all charges incurred by the unauthorized use of your account.
You are responsible for complying with all terms and conditions of this Agreement. By accepting this Agreement, you confirm you are an adult of at least 18 years of age. You are personally responsible for all use of Tranquility under your account even if you allow someone else to use your account. Using your account for illegal, fraudulent or abusive purposes is not allowed and is grounds for termination of your account, and may be referred to law enforcement authorities.
The sending of the same or substantially similar unsolicited (“spam”) electronic mail message (e-mail), whether commercial or not is strictly prohibited by Tranquility. You agree that any e-mail you send from or through an account will contain a return-address (or reply-to address) which matches an address assigned to you by us. You agree not to use any account for sending bulk unsolicited e-mail (“spam”), or for any unlawful purpose. You understand that a violation of this policy may result in the immediate revocation of all services provided to you by us without any prior notice. The failure to enforce any provision of this Agreement, including this paragraph, shall not constitute a waiver of any or all of Tranquility’s rights, including the right to receive compensation for such unintentional or deliberate violations of this Agreement, regardless of when such violations occurred.
All Customer related information that you provide to the Company must be accurate, including your name, address, credit or charge card numbers and expiration dates and any payment information. You are responsible for keeping such information up to date.
Tranquility services are provided for your personal or business use only as specified in your account plan. Unless you have the Tranquility’s express written consent, you may not resell it, in whole or part, or otherwise commercially exploit it, or assign or transfer your account to anyone else.
The Customer takes full responsibility for any web pages or other content published using Tranquility’s servers or systems. Tranquility has a policy of non-censorship. Content providers must clearly identify material unsuitable for minors and use appropriate rating systems to prevent access by minors. Parents and Guardians are responsible for exercising control over minor’s access and connection to information on the Internet.
You warrant to Tranquility that you will not tamper with or alter the equipment provided to you by Tranquility. Should you do so, you acknowledge that the equipment will lose its manufacturer’s warranty and that as damage to Tranquility, you will be billed for the equipment at the full retail price of purchase. In addition, if you become aware that any equipment provided to you by Tranquility has been lost or stolen, you agree to notify Tranquility within 24 hours so that Tranquility can take all necessary steps to suspend service and/or prevent unauthorized service using said equipment.
Tranquility’s network of information services may only be used for lawful purposes. Transmission of any material in violation of any State or Federal legislation is prohibited. This includes copyrighted material, material legally determined to be threatening or obscene and material protected by trade secret.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents from any claims, and expenses, including attorney’s fees, arising out of or in connection with: (1) Any breach of this agreement by you and (2) your use of Tranquility, and its suppliers, and the Internet.
You are establishing an account with us so that we may provide you with service. Our fees for service vary according to the type of service, plan and, the length of term selected. The fees for service which are in effect at the time that you establish service, will remain in effect until we notify you, by a method provided for in the section on Notices below, of a change to your account.
All service fees are due on the 1st of the month, unless specifically noted otherwise in a special contract between you and Tranquility Internet Services. You acknowledge that any and all fees paid to us are non-refundable except as stated in the section on Refunds below.
We will notify you, by a method provided for in the section on Notices, at least 30 days prior to instituting any increase in charges for services currently provided to you by us. During this 30-day period, and before the new rates become effective, you may terminate the affected service by notifying us, using a method provided for in the section on Notices, of your intention to do so. Upon receipt of such notice, we will terminate the affected service, and release you from any termination liabilities associated with the affected service. If you do not terminate the service affected by the rate increase during such 30-day period in this manner, the agreement shall continue in full force under the new prevailing rates beginning on the date of your next renewal period. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable.
You are responsible for paying all fees and charges (plus applicable taxes) associated with use of Tranquility under your account(s). Service is generally invoiced monthly in advance of receiving services. Charges for most services are due on the 1st of each month. Excess use fees, such as usage-sensitive services (toll-free Internet access, cellular charges, etc) will be billed at the end of each month. Customer is liable for all excess use fees incurred at Customer’s site.
Tranquility is not responsible for long distance or other telephone charges incurred to access Tranquility. It is your responsibility to verify telephone access charges through the operator or business office of your telephone company regardless of any information provided by Tranquility or other third parties.
If you authorize us to do so, we will electronically debit the funds for payment from the checking account or credit card account you provided to us for such charges. If you do not authorize us to do this, an invoice administration fee may apply. You agree to pay monthly service charges until your account is terminated, as provided for in the section on Terminations below.
Tranquility credit card charges are processed on the 1st of each month. By authorizing Tranquility to charge a credit or charge card, or debit a bank account by electronic funds transfer for service fees and charges, you are authorizing Tranquility to automatically continue charging that card or debiting that account until your account is terminated as provided in this agreement. You agree that submission of credit card information to Tranquility constitutes authorization by you for Tranquility to bill the specified credit card for all fees owed by you to Tranquility. Access to our services may be restricted if your credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration date extensions. You are solely responsible for informing Tranquility of new expiration dates on your credit card, and for supply Tranquility with new credit card information in the event that credit card on file with Tranquility has no remaining credit.
You agree to promptly pay all invoices upon receipt, and acknowledge that any invoice which remains unpaid fifteen (15) days after the due date may result in a suspension interruption of service without notice, and a $10.00 reinstatement fee may be applied to your account. You acknowledge that any invoice which remains unpaid longer than thirty (30) days past the due date may result in an suspension interruption or termination, without notice, of your account and all services provided by us. (This may result in deletion of all of your files, including email and/or web pages.) Your account(s) continue to accrue charges while they are on suspension. You acknowledge responsibility for the account until payment in full is made. Such interruption does NOT relieve you of payment obligation. Only a written notice, in a form provided for in the Notices section below, to terminate your service signed by the authorized user relieves you of the obligation to pay your monthly account charge. If services are terminated by us, you further agree to pay all costs associated with collection, including, but not limited to, court costs and reasonable attorney’s fees, in addition to any amounts owing.
If you pay with a check and it is returned to us unpaid for any reason, you are immediately in default and subject to a returned check charge of $25.00.
You agree that at the end of the term of the Account you initially agreed to or any renewal term thereafter, Tranquility may, at its sole discretion, automatically renew such Account for an additional like term at the rates then in effect. You further agree that upon renewal of such Account, Tranquility may continue to charge your credit card or seek other form of payment from you for which you shall be responsible for. In the event that you do not wish Tranquility to automatically renew your Account, it is your sole responsibility to notify Tranquility of such intent as provided in the Termination section below.
Except as otherwise set forth in this Agreement, you may change your Service (upgrade or downgrade) at any time by notifying us. A fee may apply to such changes. Either you or Tranquility has the right to terminate your services at any time without cause, by giving a thirty (30) day notice in writing. There will be no penalty or other fees imposed for cancellation of Service provided they are not contained in your contract with Tranquility and that any equipment belonging to Tranquility is returned in good working order. This thirty (30) day right to cancel does not relieve you from any contractual obligation that you may have for future months of service pursuant to a long-term service agreement. You will continue to be billed based upon the contractual expectation of Tranquility through the end of the contract term.
The only right you have with respect to dissatisfaction with any policies, guidelines or practices of Tranquility, any change in features or functions, or any change in the amount or type of fees and charges associated with Tranquility is for you to terminate your account. If you intend to terminate any or all of your services you must notify us, as provided for below, of your intention to do so.
You acknowledge that no refunds will be made for any early termination of any service(s) under this agreement, and you agree to pay early termination liability fees if applicable to your service agreement. You agree to pay monthly service charges until your account is canceled by signed notification from you as the authorized user. Tranquility must receive signed notification, as provided for in the Notices section below, of cancellation 30 days prior to the end of the billing cycle. Amounts prepaid for service are non-refundable. You will be charged for any extra fee features you subscribe to or use during that period’s billing cycle. At the time of notification, you shall be responsible for the entire amount of the most recent statement and any excess usage charges at the time of termination. If you enrolled in a pre-paid semi-annual or annual Account plan, you may cancel your plan, but you are not eligible for a refund.
Non-usage of the service does not constitute notification of cancellation and does not result in the automatic closure of your account.
Tranquility may terminate your account, or suspend any Customer’s access to Tranquility, without notice, for conduct that Tranquility believes is a violation of this Agreement or any policies or guidelines posted by and on Tranquility, or for other conduct that Tranquility believes harmful to Tranquility or the business interests of Tranquility. Upon termination of your Account, Tranquility shall have no obligation to notify any third parties nor shall Tranquility be responsible for any damages that may result or arise out of termination of your Account.
Tranquility may give notices to Customers by electronic mail through Tranquility to their Tranquility e-mail account name, by a general posting on Tranquility, or by conventional postal mail. Notices by Customers to Tranquility must be given by conventional postal mail or by sending electronic mail to: info@tranquility.net. A notice by a Customer to Tranquility will not change the terms of this Agreement, or the terms of any Tranquility policy or guideline, unless the change is expressly accepted in writing by an authorized officer of the Tranquility. Customer Care and technical representatives are not authorized to accept such changes.
You may cancel your service with Tranquility as provided for herein by sending us written confirmation for our records. Your notice must include: Your full name, your primary account username, a contact phone number(s), the Signature of the person to which the account belongs to (No signature needed on verifiable e-mail) and, a brief reason why you want to cancel the account. You may provide this notice to us only in the following ways: Send an e-mail to info@tranquility.net where the subject has words Account Cancellation (No signature needed on verifiable e-mail) or by FAX to 573-443-5803 or by conventional postal mail addressed to Tranquility Internet Services, 700 Cherry St, Ste. C, Columbia, MO 65201.
Tranquility makes no warranties of any kind, whether express or implied, for the services to be provided hereunder. Customer agrees that Tranquility shall not be liable for any losses or damages of any kind to Customer, including, but not limited to, those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, Tranquility makes no warranties regarding its ability to recover any lost file, regardless of how or why the file was lost.
This represents the complete agreement and understanding between Tranquility and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect. In addition, any legal action taken by either Tranquility or you relating to your contract or these terms and conditions shall be commenced exclusively in the Circuit Court of Boone County, Missouri.