Terms of Service / Acceptable Use Policy
Terms of Service (ToS) and Acceptable Use Policy (UAP) of NETEO Inc. (“NETEO”)
The goal of NETEO is to provide the best possible internet experience to all its customers and it has adopted this policy in furtherance of that goal.
All NETEO Internet customers and all others who use the service (the “user”, “users”, “customer”, “customers” “you” or “your”) must comply with this Policy. Your failure to comply with the terms outlined in this Policy may result in the suspension or cancellation of the Service Agreement. If you do not agree with the terms of this Policy, immediately stop the use of any and all NETEO services and notify NETEO so that it can close your account. Use of any NETEO services constitutes an agreement to abide by the Policy.
Use of the service requires that:
- the customer is 18 years of age or older.
- the Customer indemnifies and will hold harmless NETEO and its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.
- breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.
- the Customer is solely responsible for limiting access to objectionable materials that may be on the Internet. NETEO takes no responsibility or liability for unauthorized viewing of said materials by minors or any other persons.
The bandwidth provided by NETEO is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed based upon the shared service. NETEO reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customer’s equipment limitations, the maximum speeds may be available but only on a burst basis.
Customer agrees to pay all charges to Customer’s account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide NETEO with accurate and complete billing information, including Customer’s legal name, address telephone number and credit card information. Customer agrees to report to NETEO all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer’s credit card. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment (includes any installation fee, current partial month and full first month) due and payable on the activation date of the Services. Customer agrees to pay a fee for processing rejected credit cards. Monthly fees are non-refundable. The initial payment may include non-recurring installation charges including, but not limited to, equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of NETEO. If payment is not received by NETEO within five (5) days from the date payment is due, a Customer’s account is considered delinquent and Customer will be subject to a late payment fee of 5% on the outstanding balance on Customer’s account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from NETEO’s efforts to collect any unpaid balance.
You acknowledge and agree that NETEO may preserve and disclose User Content if required to do so by law or if NETEO believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of NETEO, any Users of the Service, and the public.
NETEO prohibits any activities that are illegal, fraudulent, infringes on the rights of any person or entity, or interferes with the use and enjoyment of the Service by others. This includes but is not limited to the examples listed below:
Use of the service to:
- transmit, receive, store, post, or otherwise disseminate any defamatory, obscene, libelous, unlawful, or threating data, information, or material.
- in any way disseminate any material, data, or information that any reasonable person could deem as unlawful, or could constitute a criminal offense, or in any way violates any local, state, or federal law.
- infringe in any manner the copyright or proprietary rights of any rights holders.
- download or in any way distribute any copyrighted material without the express permission of the copyright holder.
- engage in unsolicited bulk or commercial email messages (“spam”).
- perform any activity that disrupts the servers, services, or network of NETEO or any other entity, commonly referred to as a denial of service attacks.
- restrict, inhibit, or otherwise diminish the ability of any person or entity, regardless of intent, purpose or knowledge, to use or enjoy the Service (with the exception of tools designed for safety, such as firewall or parental control software).
- falsify, alter, or remove message headers or packet headers or in any way alter normal network operations.
- impersonate any person or entity by name or other identifier in messages, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity, commonly referred to as “phishing”.
- violate the terms of service, acceptable use, rules, regulations, or policies of any service, network, system, server, or application you access or use.
- access any entities computer, network, data, or software without the consent of the owner; bypass or attempt to breach any security measures of any computer, network, service, or account. This includes but is not limited to using another entities credentials to which you are not authorized, accessing data not intended for you, and any unauthorized port scanning.
- obtain, distribute, or use any tools or devices designed or commonly used for compromising the security of computers, networks, or software. This includes but is not limited to password generators, decoders, packet sniffers, keystroke loggers, cracking tools, and Trojan Horse programs.
- perform any service, alterations, or modifications with the NETEO equipment or Service or permit any other person to do such who is not authorized by NETEO.
- redistribute or resell the service or otherwise make the service available to anyone outside the premises unless a reseller agreement has been signed. This includes wired and wireless networking technologies.
- use the service as an Internet service provider, whether or not for profit.
- use dedicated, stand-alone equipment or servers from the Premises that provide content or services to anyone outside of the Premises.
- use programs from the Premises that provide content or services to anyone outside of your premises.
- use of encryption technologies to mask the presence of servers or server software.
- use of Residential service for commercial purpose, whether or not for profit.
The customer’s premise equipment, hereafter referred to as CPE includes one or more devices such as a fixed outdoor wireless radio, customer access point, NETEO router, etc. In some cases a fee is paid each month that the account is active for the rental of CPE equipment. In all cases the CPE provided and/or rented to customer remains the property of NETEO. NETEO will replace the CPE in the event that it is defective in the normal use of the internet service. Improper use or handling of the CPE, or in the event that the CPE is lost or stolen or not returned when service is terminated additional charges for replacement including but not limited to equipment costs and labor costs will be the responsibility of the customer. Customer agrees and authorizes NETEO at its discretion to charge the payment method currently on file.
Access to the configuration interfaces, including web based and command-line configuration is prohibited except when performed by a NETEO agent or employee. Any other entity that accesses the configuration of the CPE may require that the CPE be re-provisioned by a NETEO employee at the customer’s expense. A NETEO CPE router supplied to customer with a monthly rental fee may be accessed and configured by customer in exception this this paragraph, however, if customer requires NETEO employee to access and/or configure after initial setup customer may be charged at an hourly rate.
Third-party Links, Sites, And Services
As a service to our Users, we provide information and may, from time to time, send e-mail messages or other forms of communication to Customer about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by NETEO. Furthermore, NETEO expressly disclaims any liability associated with material posted by third parties. Please be aware that when you exit our Site, you are subject to the policies of the new website. You further acknowledge and agree that NETEO is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource. Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and NETEO is not responsible for any material posted by third parties.
You agree to release NETEO, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site or the Services, including fraudulent references or other abuses of the Site or the Services.
You agree to defend, indemnify and hold NETEO, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or the Services, or any services or products offered by NETEO.
Exclusion Of Warranties / Disclaimer
Although we try to ensure that the information contained on this Site and within the services is as accurate as possible, we give no warranty of any kind regarding the Site or the services and/or any materials provided therein. Further, NETEO does not warrant the accuracy, completeness, CURRENTNESS, or reliability of any of the Content found on the Site or within the services, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE OR WITHIN THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS. NETEO expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the Site OR THE SERVICES, NETEO Content or any software will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law. If NETEO is informed of any inaccuracies on the Site OR WITHIN THE SERVICES, we will attempt to correct the inaccuracies as soon as we reasonable can. If you obtain a product or service from NETEO from the Site that is provided without an agreement, that product or service is provided ON AN “AS IS” BASIS.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETEO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL NETEO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Term and Termination
This Agreement will become effective in relation to you when you become an active NETEO customer by activating an account and will remain effective until terminated by you or NETEO. You may cancel your account at any time by notifying us at least 10 days prior to the end of the month (if on a month-to-month term) or at least 30 days prior to the expiration of your contract term. Please note, if you do not comply with the Terms at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site, the Services or Content.
Governing Law And Other Miscellaneous Terms
The validity and effect of the Terms shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in or serving Jefferson County, Colorado, as NETEO selects in its sole discretion. The prevailing party will be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE OR THE SERVICES, USE OF THE SAME, THESE TERMS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF NETEO, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN COLORADO, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Changes To Our Policies
Our Terms are intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Terms at any time without prior notice. If you have any questions, or would like further clarification, please email us at email@example.com. Any changes in NETEO’s policies will be communicated on this page.
This Site is operated by NETEO, a Colorado corporation. All inquiries may be directed to:
PO Box 441234
Aurora, CO 80044