Please read these terms and conditions carefully before opening or continuing an account with Backroads. Please also familiarize yourself with Backroads' Acceptable Use Policy.
These Terms and Conditions, in conjunction with Acceptable Use Policy, represent the complete Agreement and understanding between Backroads and you, the Backroads account holder, and supersede any other written or oral agreement pertaining to your Backroads services, other than applicable software license agreements. By using Backroads services you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your Backroads account. Furthermore, you are acknowledging that you are an adult (18 years or older).
If you do not agree to be bound by both parts of this agreement, you should immediately end your use of Backroads services, and notify Backroads so that Backroads may initiate a closure of your account.
Terms and Conditions
This is a contract. It spells out terms and conditions of access to Backroads, and outlines your and our responsibilities. It also limits our liability. By your first use of your account you agree to the terms and conditions contained here and those in the Acceptable Use Policy.
Provisions of this contract are contained on both here and on our Acceptable Use Policy
Terms and Conditions.
- Services. The customer agrees to purchase Internet and other services from Backroads. The services are for the sole use of the customer and not for resale of any kind without the prior written consent of Backroads, which may be given at it's sole discretion.
- Intended Use of the Services. Backroads may be used only for lawful purposes. Transmissions or solicitation for reception of material, which violates U.S. Law or South Carolina State Law, or State Law of the state you reside in, is prohibited. This includes material that is threatening, legally obscene, libelous, or violates trade secret, patent or copyright protections. The customer agrees to adhere to Backroads' Acceptable Use Policy
a. Bills are sent out prior to the 5th of each month and will include the monthly rate for the current month plus the charges for the time over your standard package rate from the previous month, if applicable.
b. When your account is established with us, we will initially charge you for pro-rated remainder of that month's Internet Access (only) billing, except for the "Light Plan", which is never pro-rated.
c. You will be notified of any rate increases at least 30 days in advance.
d. All bills are due on the last day of each month with a 5-day grace period.
e. Bank and Credit Card drafts are processed the last business day of the month.
f. Accounts not paid by the 5th of the month will be disconnected.
g. There is a reconnection fee of $10.00 for all accounts disconnected due to nonpayment.
h. Equipment and other charges that are required to be paid in advance of service connection will be billed separately and are due within 15 days of the bill date.
i. The customer agrees to pay all fees that are incurred due to processing unpaid checks or rejected credit cards.
j. Backroads service DOES NOT include phone charges. If our access numbers are not local to you, they phone company will charge you for the long distance call.
k. You agree to notify us if you move or otherwise change your mailing address. You further agree to provide a regular postal address that is your primary legal residence. Backroads will not disclose this information to any third party except upon the presentation of a valid warrant or court order. We reserve the right to use this information for internal Backroads purposes and to advise you of new service and product offerings.
l. If you cancel you account within 30 days of its initial inception you may request a "no risk" refund of your entire subscription fee. Each person or organization is only eligible for this offer one time, and only during your initial subscription term. Setup, equipment and installation fees may not be refundable. Some services will incur an early disconnect charge. Please see the details of your individual plan.
m. Adjustments beyond those explicitly described in this section are at the sole discretion of Backroads management.
n. Customers are responsible for the accuracy of their bills. Backroads will
not give credit for billing inaccuracies beyond 90 days prior to the date
the error is detected.
- 30 Day Risk Free Period
a. If for any reason a Customer is dissatisfied, they may cancel their service within 30 days of activation by notifying Backroads. The customer will not be liable for any monthly fees.
b. For DSL or dial-up customers, if Backroads has installed equipment, the purchase price will be refunded after the equipment is returned to Backroads in the original condition, excepting ordinary wear and tear. Installation or phone company fees will NOT be refunded. DSL customers will also be liable for a $ 50.00 early disconnect fee.
c. Customers served by special contract (RF, T-1's, etc) are excluded from the conditions of this guarantee. The Satisfaction Guarantee for these customers will be addressed individually for each customer based on their unique needs.
- Virus Scanning of E-Mail. Backroads offers Virus Scanned e-mail. Backroads uses state of the art Virus Scanning software with regularly updated signature files. However, Backroads makes no express or implied warranty that e-mail accessed through Backroads' Virus Scanned E-mail will not contain a virus. Additionally, Backroads' customers are still vulnerable to viruses from other sources such as disks or downloaded files from web pages. Therefore, it is the customer's responsibility to provide other Virus scanning technology for their computer.
- Disclaimer of Liability.
a. You agree to indemnify and hold harmless Backroads and its owners from all claims that are a result of your usage that violate any State, Federal or local laws.
b. You agree that the security of your account, including the password, is your responsibility and that all use which emanates from your account will be considered to be undertaken by you unless it can be shown to have been an unauthorized use.
c. You agree to notify Backroads immediately if you believe that your account has been or is being compromised. Use by a member of your household under no circumstance will be considered unauthorized use.
d. Notwithstanding the above, you agree that should we be found liable in a court of law for any action or lack of action related to your use of Backroads our liability is limited to the unused portion of your subscription fee.
e. Backroads makes no warranties or representations of any kind for the services that are being provided. We explicitly disclaim any warranty of merchantability or fitness for any purpose whatsoever. We are not responsible for any loss you suffer as a result of using Backroads, including but not limted to loss resulting from delays, improper or incomplete delivery of information, possible "computer viruses," computer, hardware or other software failure and/or interruption of service, regardless of cause.
- Additional Terms and Conditions.
a. The customer shall use access services only for lawful purposes and in accordance with applicable federal, state and local statutes, regulations and ordinances. If you violate such provision then Backroads, at its direction, may suspend, interrupt or terminate access to you until you comply with this covenant.
b. Unless specifically designated as a "network" account, all accounts are for the customer's personal use only. Consuming more than one modem line, loaning the account to others, connecting a BBS or other system used by multiple persons via any class of service described here and group use of user logins are explicitly prohibited unless previously arranged with Backroads. Please contact Backroads customer service to discuss the best account classification for you if you require multiple systems or user services under a single account.
c. We will cooperate fully in any investigation that is requested by parties alleging to be impacted by your behavior while using Backroads Internet resources, and reserve the right to turn over any evidence of illegal activity that we discover in these investigations to the appropriate authorities.
d. Backroads in its sole discretion may discontinue any or all classes of service for any reason whatsoever. Backroads may refuse service for any reason whatsoever.
e. Violation of any of the terms and conditions of service may result in the immediate, no-notice cancellation of your subscription and the forfeiture of the remainder of your subscription fee. Serious violations may result in civil or criminal prosecution.
f. Backroads shall exercise no control over the contents of any information passing through it or to you.
g. Backroads shall not monitor any communications by you, your agents or employees.
This agreement supersedes any written or oral understanding, unless said modifications are signed by a designated employee of Backroads. Users will be responsible for the payment of Backroads' legal fees and costs arising out of the enforcement of the terms and conditions set forth herein.