Customer Account Terms and Conditions
1. Agreement -
Redbud Services, LLC dba TQCI Internet Service, hereafter referred to as TQCI.NET, is
an online service provider for access to the Internet. This
agreement sets forth the Account Terms and Conditions, which apply,
to all subscribers for use of TQCI.NET. The subscriber is deemed to
have agreed to comply with all terms by use of the service. TQCI.NET
reserves the right to terminate or discontinue service at any time.
2. Billing Period -
Services provided by TQCI.NET
will be billed via monthly invoice, credit card or debit card payment in
advance for the forthcoming month and will include all applicable
local, State and Federal taxes. If the customer utilizes a service,
through TQCI.NET, with any additional hourly charges or single-use
special charges, these charges will be billed at the time of the
next months billing. Invoiced accounts will also be billed in the
same manner. Payments not received within 30 days of invoicing will
be subject to a 1.5% financing charge. Invoiced accounts that are
not paid 20 days after due date will have their account charged to
the credit card provided.
3. Returned Checks - A returned check charge of $25.00
will be incurred for all returned checks.
4. Minimum Payment - A minimum payment of one (1) month will be assessed on all new
accounts. Accounts activated after the first of the month will
be billed on a sliding scale plus one month. A $20.00 setup fee applies to all
dial-up accounts. The subscriber is responsible for choice of
service and is bound to remit payment.
5. Billing Disputes - All billing disputes, with TQCI.NET, must be received at our business office in writing, and the obligation to pay for
service will continue until such notice is received. Termination of your
service does not constitute relief from amounts incurred prior to termination. Agreements or contracts
must be cancelled in writing, and the subscriber will be obligated to pay any and all monthly fees until
termination of the contract is finalized.
6. Cancellation Policy - If you participate in the free
month promotion, cancellations must be received before the end of
the 30 days trial period. Cancellations received after end of free
trial period will require thirty (30) days written notice.
All accounts require thirty (30) days written notice. On receipt of
cancellation, your account will be billed one additional billing
cycle from that date. If the subscriber had prepaid annually, then
the remainder beyond the month's notice will be refunded. Refunds
are calculated by subtracting the standard monthly rate as indicated
on your contact from the amount paid. There are NO REFUNDS for month
to month accounts. We do not prorate.
SUBMIT CANCELLATIONS IN WRITING VIA EMAIL
(using your TQCI account), USPS LETTER, and OR FAX @
574-485-2080. WE DO NOT ACCEPT CANCELLATIONS OVER THE TELEPHONE.
P.O. Box 328
Buchanan, MI 49107-0328
It is the userís responsibility to request and
receive a cancellation confirmation number when canceling their
service. Cancellations are valid only if the user has a valid
confirmation number for each account.
7. Dial Up Numbers - On installation of the service the subscriber
is responsible for inputting the appropriate number corresponding to their
area of dial up service. TQCI.NET is not responsible for charges incurred by the subscriber for the inputting of the wrong dialup number.
8. Line Condition - TQCI.NET uses state of the art, modern digital
equipment for its internet/network services. TQCI.NET is not responsible for the deterioration of line speeds based on the location of
the subscriber. 56K provides speeds significantly higher than 33,600 BPS
for over 80% of local phone lines. Typical speeds range between 42 and
53.3 KBPS (the current limit set by the FCC)
9. Legality of Content - The subscriber agrees to use TQCI.NET for lawful purposes only. The subscriber will not post or transmit any
material, through TQCI.NET, which violates or infringes upon the rights of other users. This includes, but is not limited to: threatening,
abusive, defamatory, vulgar or obscene language, any action which threatens public or private rights or which is considered objectionable,
any action which encourages a criminal offense, any action which gives
rise to civil liability or violates any law. Attempts to gain unauthorized
access to outside computer systems are expressly prohibited. Users agree to abide by any and all rules of the network they access through
TQCI.NET. The subscriber agrees to defend and hold harmless TQCI.NET, its directors, officers, employees, agents or affiliates for
all damages and claims that might arise from the subscribers use or misuse of the service, which damages or otherwise harms either the
subscriber, TQCI.NET or a third party.
10. Time Limits - Due to constraints set by specific
access providers, TQCI.NET customers may leave their PPP dial-up
accounts connected for a maximum of 4 hours per session. However, customers
are able to immediately re-login after the 4 hour
maximum period expires. Your Personal account is intended for unlimited
personal use: meaning, (and our definition is final) that you may
have your connection up as long as you are personally in front of
your PC in 4 hour intervals for as many total monthly hours as you
11. Multiple Logins - Only one person, the subscriber,
may use the account. Multiple or simultaneous logins are not allowed
by our software.
12. Responsibilities -
TQCI.NET makes no warranties,
expressed or implied, regarding services provided. TQCI.NET is not
responsible for any damages suffered from the use of our services,
including but not limited to, loss of data, service interruptions
and/or delays, third party litigation, third party software, spyware,
13. Content Screening - TQCI.NET cannot and does not control the
content of information available over the Internet. For this reason, the
subscriber certifies that he/she is at least 18 years of age or, if the
subscriber is a parent or guardian, he/she assumes all responsibility for
supervising the on-line activities of the underage user. Any information
garnered through TQCI.NET is done so at your own risk.
14 Unauthorized Connections - The subscriber shall not allow unauthorized
connections to TQCI.NET, unauthorized reselling of TQCI.NET, or the solicitation of
TQCI.NET users to become subscribers to other online service providers in competition with
TQCI.NET, nor shall the subscriber make any unauthorized copies or duplications of any
TQCI.NET material, advertising, forms, brochures, pamphlets and the
like which is the property of TQCI.NET.
15. Relationship - The relationship between the subscriber and
TQCI.NET is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this
agreement, TQCI.NET reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully
responsible for any and all attorney's fees incurred by TQCI.NET with regard to this agreement at all trial and appellate court levels.
16. Court Venue - In the event of a dispute, TQCI.NET
and the subscriber agree that the venue for such litigation shall be
Berrien County, Michigan and that the terms and conditions of this agreement shall be interpreted under the laws of the State of
17. SPAM Policy - The transmission of any type of material, whether
graphical or textual in content, to other subscribers or non-subscribers
without their express consent is prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate
termination. Any complaints received from our subscribers or non-subscribers of unsolicited materials will result in a charge of
per complaint charged to the offending subscribers account
automatically. Please read our complete
USE POLICY (AUP).
18. Unauthorized use of TQCI.NET Equipment - Any subscriber
attempting to attack TQCI.NET or any other ISP equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to
track the offending subscriber and repair any damage they may have caused.
Subscribers will not use TQCI.NET to run any program or tool that may
be used to guess passwords or make unauthorized attempts to access
other systems or networks in order to engage in unlawful activities or
to otherwise attempt actions that will violate the Computer Fraud and
Abuse Act of 1986, Title 18, Part I, Chapter 47, Section 1030.
TQCI.NET will assist authorities in prosecuting any illegal
19. Personal Accounts - Personal dial-up accounts and web
pages are for non-commercial use only. TQCI.NET provides
commercial services at additional subscription fees. Any
personal web pages used for commercial use will be billed at the
20. Modification of Terms - TQCI.NET reserves the right to change or
modify the terms, conditions, rates or services at any time, without any