Read this agreement carefully before using any jellico.com service.
The internet is composed of tens of thousands of independent servers located throughout the world. They are not within the control of jellico.com nor are all of them within the jurisdiction of the United States Government. Therefore jellico.com does not warrant availability, appropriateness, or legality of any particular server and the government cannot protect you against all specific threats of harm and/or loss of property. This means YOU must use good judgement and supervise any children who use your computer. The internet itself has many useful and valuable sites providing you with information and communication with Government, Universities, regulatory bodies, Museums, Sports and Entertainment and an infinite amount of other valuable resources. It also has sites devoted to racism, paganism, alternative religions, sexism, violence, and other sites you might consider evil. We take a strong position of forbidding what WE consider evil on OUR servers but make no judgements and take no action to regulate what our customers do or the types of sites they visit. Our customers are forbidden to use their account with us to violate the law. Our role is not that of law enforcement so we do not monitor what our customers do. We never give out names, addresses or phone #s except to our staff who are forbidden to give out this information. We will provide this information if the law requires it (e.g. we are served with a court order) or if a legitimate police authority that we KNOW to be legitimate asks our assistance in an ongoing criminal investigation. Avoid harm to you by using good judgement. (i.e. do not give your real name, address, password, credit card, bank information to anybody in email). Do so ONLY at a site you KNOW to be valid, and do not do so because someone asked you to via email. If in doubt, seek advice. (Credit card companies can help) If you inadvertantly find yourself at a site that offends you or may be illegal, leave immediately. Monitor your children's use, come up with rules and pay attention to whether they are obeying the rules. If not, call us to change your password and then do not give it to the children. Instead, let them log on only when you are there.
This is an agreement between you and us. "You" means the person opening the account (Also referred to as an "Authorized User") or organization the person who opened the acount represents. If an organization, the person opening the account asserts that he/she has full authority to commit such organization to obey these terms of acceptable use. "Us" means jellico.com By providing billing information, opening the account, permitting our techs to assist you in setting up your software, and through the use of your account, you accept these terms of acceptable use and agree to be bound by this Agreement including future revisions. The most recent revision can be found at our primary Web Site, http://www.jellico.com choosing the "Terms of Use" link.
On new acounts the minimum term is one full month plus the rest of the month in which the account is opened. On existing accounts, in lieu of written agreements otherwise, all accounts are month to month. If an account is paid quarterly or annually, then a cancellation is requested, a refund will be issued within thirty days but will be calculated as though no discount was allowed if such discount was in fact allowed. No refund for a particular month will be allowed if cancelled after the last day of the prior month.
The service under this agreement is access to the internet. This means we will provide access to the internet and permit you to use our access to connect your equipment to ours in order to gain that access. We make no warrranty as to the suitability of your equipment (Unless purchased from us.) We do maintain our equipment on a professional level and it is used by many customers satisfactorily. The Service also includes a LOGIN ID, an Email addres, 5MB of personal Web Space and up to two additional email addresses and other features. We retain the right to establish reasonable rules from time to time, regarding the use of the Service. Your rights to the login ID, email addresses and the Web Space ends when your account ends. Though rare, we do reserve the right to remove any usernames and/or email addresses from use.
All company owned modems are 56K. Despite this, the Service Speed can vary depending on location, compatibility of equipment, phone line quality, inside wiring, internet traffic. non-owned server-speeds and other factors of which we may have no control. Therefore no warranty is made as to speed of connection nor reliability. We provide the service on a "Best Efforts" basis and bring nearly ten years of experience to provide and maintain a professional quality service. The service is provided on a 24X7 basis but is sold "When Available and As available" and no warranty is made that use will be uninterrupted.
We do maintain a completely redundant system at a slight extra cost. If your use is ever critical, such as online education, medical use, etc., you should definitely opt for this feature. Without it, there could be times when our service is 'Temporarily Down" due to factors beyond our control. (Fibre cable cuts, power outages, etc.) Should this continue for twelve hours or more in any 24 hour period, we will offer a credit to any who ask for it. Should our service be out for 24 hours or more, we will offer credits for double the number of days it was down.
If this situation happens for anyone using the backup system and it too is "Temporarily Down" for 12 hours or more, a one half months credit will be applied.
At its inception the Internet had only a very few users and there were no 'Regulators' or enforcers for the overall internet itself. The creators made decisions about use, agreed among themselves and compelled each person who became permitted to use any access to the internet to also agree to these rules about use. The term 'Netiquette' is often used. Not everyone complies, and not all ISPs enforce these rules. now that tens of millions of users exist. jellico.com cannot regulate the behavior of all users, but will cancel the account of any of its members who use our access in such a manner as to be in serious violation, or repeated violations. The following is a list of violations that all jellico.com members are required to refrain from doing:
Since our privacy policy forbids us to monitor what our customers do on the internet, we cannot conclusively prove whether someone is sitting in front of the computer or not. Therefore we will DEEM it to be Camping if any of the following should occur:
Authorized user is the person, at or above the age of 18, who opened this account. An authorized user is also a spouse of the one who opened the account, or one other adult who is a permanant member of the same household and has the de facto role of a spouse.
Authorized users are permitted to use our numbers, either owned or network, from their home, office, place of employment, or while traveling. (All referenced privileges may not be available, and some have an extra charge, see "Prices" sheet). NO ONE is permitted to use the account at the same time someone else is using it. It is YOUR responsibility to make sure this does not happen. If you are unable to be certain it will not happen, open an additional acount for the off-site user. Such simultaneous usage is prohibited, expensive and will incur a $7.50 charge each time such use is attempted or successful. The charge will be incurred each time a tech call is made and it is found that the cause of a user failing to connect is because the account is being used at an alternative location or by someone else. If an authorized user chooses to use the account from more than one location it is his/her responsibility that such use conforms with the above. If the simultaneous use is the result of unintentional hacking of Authorized User's password, and Authorized User cooperates with us in obtaining information concerning the one who did this, and is willing to allow us to choose their future password, there will be no penalty charges.
An acceptable user is a member of the Authorized user's household who is permitted to use the internet by the Authorized user. An Acceptable User may only use the access account from the home. This use shall be only under the supervision of the Authorized user. Depending on the age of the acceptable user, direct supervision may be necessary. All others, not living in the same household, may not use this account whatsoever except under the direct supervision of an Authorized User. This means a child may not use the account from someone else's home unless an Authorized User is present and supervising. This also means neighbors may only use this account under the direct supervision of an Authorized User and under NO circumstances may an Authorized User reveal their password to others. Passwords must be guarded and it is not permitted to allow others to use the account. (If others ask, suggest they call us and open their own account!) If an exception needs to be made in the case of a repair person, please call our office ahead of time and be prepared to have the password changed when the repair is completed. Children may not be given a password UNLESS THEY UNDERSTAND AND ARE RELIABLE AT KEEPING IT CONFIDENTIAL. In the past, the 14 y/o son of one of our users was very nearly arrested and incarcerated due to a Web Page with 'threats' against the principle of his school. As it turned out, a 'friend' of his used his account to post the web page, probably without his knowledge. Do not put yourself or us in this position!
Cancellations should be handled by phone to receive the best service. At the time you call, the cancellation will be effective immediately. Should you send a cancellation notice via mail, the account will be cancelled immediately REGARDLESS of a future date you might choose in the mail. If the notice was mailed before the first, and arrives after the first (or does not arrive at all) you will still owe for the entire following month. If you cancel on the first day of the month, you will owe for the entire month. (So, it makes sense to cancel late in the month!) There are no pro rata refunds, nor do we accept partial payments for your last month. To help avoid problems, we generate a "Cancellation Number". When you call, this number should be offered to you, but regardless, please ask for it and retain it for two billing cycles after your last payment is made. Referring to this number can help avoid disputes. If we do not show your account as being cancelled, and you have no number, we will not treat it as being cancelled as of the date you stated, but instead it will be cancelled when you call to complain about an invoice you received, or a credit card charge after you thought it was cancelled.
A cancellation makes the user ID available to others, along with the email address. If an account is suspended for non-pay we reserve the right to cancel, but generally do not cancel an account until an Authorized User says to. After an account is suspended for non-pay for 90 days or more, it may be cancelled without successful contact and the user ID may be given to others (Which means email going to that user ID, may be obtained by others). The remaining balance may be turned over to collections. We do not want any customers to cancel, but if you do, please do so, do not just stop paying. For your sake and ours. Please do not ask a child, or friend to call us and cancel your service. Cancellations can only be accepted from an Authorized User.
In the case of a death things are handled differently. We will suspend the account immediately, but ask that a letter be sent, hand written or otherwise, stating your name and authority (Executor or close relative). In this case, when you call we will suspend the account and also stop all charges immediately. We have been asked in the past if the close relative could have the password as they would like to see if there were any email friends the parent or relative had who should possibly be informed. We were concerned about the propriety of this decision and finally decided that the risk of hurtful emails exists also, so we decided that regardless of good being done, doing so could also cause harm. We based the decision to NOT provide this password to survivors to protect the privacy and possibly the memory of the deceased. The email account will be deleted unread.
To call us to cancel: (423) 784-2000
If you are long distance to this number, call (800) 895-5593.
A suspension is an account status that interferes with a customer's use of the account on a temporary basis. The email address remains, the customers email continues to enter the account and is not returned, but the customer must contact us to resolve the problem that caused the suspension. It is NOT a cancellation. A suspension can occur for several reasons. The most common reason is non-pay. On new accounts, a customer without established credit, who has made no other arrangements, is always asked to have his/her payment in the mail "By Noon the Next Day" without regard for weekends, holidays or other considerations. If the customer plans to pay in person they are told to have payment in our office "By the close of business the next day we are open". (Which is 362 days per year) If the payment does not arrive when it should, an account is switched to "Suspend" status until the payment does in fact arrive. An existing account that has been handled properly, will not be suspended on the day it is due. On the tenth of the month, if funds are still not here and no arrangements have been made, the account will be suspended. Assuming there are no other difficulties, a phone call, with acceptable payment arrangements, will result in the account status being changed to "Active" within five minutes of the call. On a new account, set up with a credit card, the account will only be suspended with no notice in case of a report back the card is stolen or used fraudulently (Which could be a result of error on our obtaining the number!). Several attempts to call will be made, but if calls are not returned and , and no contact, the account will be suspended until the payment issue is resolved. On existing accounts, paid with a credit card, repeated attempts will be made to contact if card does not go through. If unsuccessful, email could be sent, and a postal letter could be mailed. Eventually the account will be suspended.
An account could be suspended/cancelled due to repeated minor violation of prohibited practices, or possibly one major violation. A confirmed case of spamming will result in an account being suspended immediately. A significant spread of a virus will result in the account being suspended until the problem is resolved, whether the virus was sent intentionally or not. Use of an automatic dialer when an acceptable user is not at home will be cause for an account suspension and possibly a camping charge.
The company reserves the right to suspend any account that is interfering with our network or others and will do so in case of violations. With most circumstances a phone call will resolve the problem.
This status does not affect charges, nor does it cancel the account nor affect email arriviing on our servers. It simply interferes with the customer getting connected until acceptable arrangements to correct the problem are made. An account status of 'Suspended' does no good for the customer and is not desired by the company. The issue needs to be determined and resolved as soon as possible. Please Call!
We maintain several methods of payment. We accept MasterCard, Visa and Discover and prefer this method to all others. In addition, we also have Automatic Check Draft, accept checks, Money Orders and cash. Do not mail Cash! When opening a new account and paying via credit card, we charge an amount equal to one full month plus a pro rata amount for the current month. This results in all accounts becoming due for payment on the first day of each month. The first charge on a new account will be an amount higher than one month's charge to take care of the pro-rata portion, but the next charge will not happen until late or at the end of the following month. That charge will be for one month, and will be paying for the following month. If a customer chooses to cancel after the charge has been run, but before the charge is due then they will have an overpayment situation. That overpayment will be processed as soon as possible after the cancellation, but in no case later than the second business day following the cancellation. This will show up as a credit (or posibly a negative Charge) on your credit card statement. When you cancel you should be given a cancellation #. Please save this until you get a credit card statement showing a credit but no additional charges. We strive hard to not make any mistakes at all with your money, but if one actually does happen the cancellation # allows us to fix it immediately with the least hassle to you. This only happens RARELY, but if it does, please call us so we can resolve it. If it happens one month to you the chances are good it will continue to happen until you call. (Unintentionally on our part). The longer it goes the harder it will be to resolve.
Subsequent payments will be for one month. Credit cards are processed as close to the end of the month prior to the month it is due as we are able to. We never process card payments before the 25th of the previous month.
For those who wish to pay in person, the first amount owed will need to be in our office by the close of business the day following the day the account was opened. If you pay with cash PLEASE insist on getting a receipt with your username on it It should be offered. If you pay with a check or Money Order a receipt will be given upon request. All Checks/M.O.s should have your user ID written on it.
For those who wish to mail a check or money order, the payment must be in the mail by noon the day following the day the account was opened. This includes Sundays and other days when the mail is not picked up. Our system is aware of mail pick-up times and makes allowances. Care should be taken to address the envelope correctly and put a stamp on it. Any deviation from this will likely result in an account being termporarily unavailable until such time as the payment arrives in our office. Should this happen your computer will generate an error message of "Invalid username or password". This same error message is generated for several different reasons so it is best to call us to find out the correct reason. We do not run credit checks; we do grant credit to everybody who asks (and has not had a poorly paid account in the past), but the rules are quite rigid until the customer has been with us long enough to generate a credit record. On new accounts, once the account has been disabled due to failure to have payment in the mail by noon the following day, the account will remain disabled until the payment actually arrives in our office. Obviously, take care in addressing the envelope! We strive to get you the very best service posible. Please strive equally as hard to get payment here when you say you will.
Credit Card charges are made after the 25th of the month prior to the month in which an amount greater than $5 will be owed. If an account is cancelled prior to the end of the month, its possible an overpayment will be created. If so, a full credit of the amount overcharged to a card will be tendered no later than the following business day.
Invoice customers will have an invoice generated on or after the eleventh of the month preceeding the month of service. In no case will it be printed/mailed before the 11th or later than the 15th. If this should happen later for any reason all due dates will be moved forward by the number of days we are late. The invoices will be placed in first class mail to the name and address shown on our records. It will include the invoice charge item as a separate charge. Those accounts in force prior to January 1, 2004 will be grandfathered on our old method of handling the invoice charge and it will be waived if payment arrives before the first. All accounts will be charged the same beginning with the April 1, 2004 charges. The payment is considered due on receipt, past due after the first of the month and --depending on the credit standing of our customer-- the account could be suspended after the first. Generally the accounts will, if unpaid, become suspended on or after the tenth based on the credit rating. Our credit rating for our customers is based on criteria including time we have had the account, frequency of on-time payment and payment frequency. The best frequency is annual payment. If a suspension becomes necessary, a charge will be added. To use the account again requires the customer to call us and make arrangements over the phone to send payment on a definite date that is acceptable to us. The account will be reinstated, our file will pend that date, and if payment does not arrive it will be resuspended. At this time a credit card will be required to reinstate the account or the customer will have to wait until the payment arrives. Obviously, it is important to not make a promise of payment that cannot be kept.
Any change that jellico.com decides to make in any of the foregoing, will not be made without a 30 day notice if such change is not in favor of the customer. (i.e. reduction in service or increase in price). A change that benefits the custome could be made with no notice.
Should jellico.com fail to strictly enforce any of the foregoing, it shall not be a waiver of future enforcement nor stop jellico.com from enforcement at any time it deems expedient.
No one, in lieu of a written agreement, shall have the right to permit anyone whatsoever to use their account. Further, should a customer violate this rule and it is determined they did so for money, it will be considered a criminal offence of Theft of Services in addition to liability for civil damages.
If any part of these Terms of Acceptable Use are held to be unlawful or unenforceable, for any reason, such provision shall not act to make the remaining portions unenforceable, and the part that is held unenforceable shall be interpreted to the nearest of the intent possible and be in agreement with applicable laws.
jellico.com does not discriminate on the basis of race, color, religion, national origin, gender, sexual orientation or group affiliation, age, disability, or veteran status. We only discriminate against those who do not pay their bill.