User Service Agreement

See our Policies and Privacy documents for additional information about your account

1. The Front Range Internet™ Service (the "Service") consists of the computing and communications services, software, databases, data, information and all other material (collectively "Information") available through Front Range Internet Inc. ("FRII™"). These terms and any Operating Rules or Policies published over the Service constitute the entire agreement (collectively "Agreement") between FRII and Subscriber ("Customer") with respect to the Service and supersede all other communications. This Agreement shall apply to all individuals (collectively "Users") that make use of a Customer's account. Use of the Service constitutes full acceptance of this Agreement by Customer.

2. FRII may modify this agreement, the Operating Rules, Policies or prices without prior notice. FRII may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. FRII will publish this agreement and any Operating Rules or Policies on the Service. Notice of changes to Customers' accounts or pricing may be made via email. Use of any FRII Services after such notice shall constitute acceptance of the new terms and/or conditions.

3. FRII Services are subscription based and invoiced in advance. All Services not covered by a separate contract automatically renew at the end of their billing term for the same term unless canceled in advance by the customer. Unless otherwise agreed to in writing, Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by FRII. FRII reserves the right, at its sole discretion, to refuse any application, or cancel for convenience any Customer's Service with a full refund of unused fees. Should FRII suspend or terminate the Subscriber's use of the Service pursuant to this Agreement, the Subscriber has no right to any data stored and Front Range Internet will be under no obligation to make such data or any copies of it available to subscriber in any form whatsoever. Should this agreement terminate for any reason whatsoever, Subscriber's data stored on Front Range Internet's facilities may be explicitly erased without prior notification.

4. FRII reserves the right to log off idle users from the Service at its sole discretion. FRII's unlimited dialup access accounts are for unlimited active usage - using programs or techniques to defeat system timers that track idle time is prohibited.

5. The Service may only be used for lawful purposes. Transmission of any material in violation of any federal, state or local law or regulation is prohibited. This includes, but is not limited to copyrighted material or material protected by trade secret. Customer agrees to indemnify FRII against liability for any and all use of Customer's account.

6. Customer is responsible for and must provide all telephone lines, equipment and services necessary to access the Service. Accessing the Service by long distance phone services or via a toll free number shall be at the Customer's sole discretion and Customer shall be solely responsible for all costs and charges associated with such access. Customer shall not nor shall it permit or assist others to use Service for any purpose other than that for which it is intended. Customer shall take all prudent precautions to protect the security of all its equipment connected to the Service from unauthorized use, intentional or not. The Customer shall be responsible for all use of the Service accessed through Customer's or its designated Users' password(s). Customer shall not nor shall it permit or assist others to abuse or fraudulently use Services, including but not limited to the following:

A. Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
B. Accessing, altering, or destroying any information of FRII, its Users, or another external service by any unauthorized means or device, or attempting to do so;
C. Permitting the accessing, altering, or destroying any information of FRII, its Users, or another external service by any unauthorized means or device;
D. Using Services so as to interfere with the use of the FRII network or another external service by authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.
E. Use of Service to send abusive, harassing or obscene messages; sending of unsolicited, bulk messages commonly known as SPAM; forging your identity with the intent to misrepresent your actual Internet identity; sending transmissions with the effect of denying service provided by FRII or another external service or its users; intentionally or not. Unsolicited for the purpose of this Agreement is defined as that which was not applied for, requested or sought in advance by the recipient.

7. All startup or setup fees are non-refundable. After 24 hours, prepaid accounts are non-refundable. Accounts may be paid by credit card, check draft, money order, check, or cash. Accounts with returned checks or check drafts and declined credit card charges are subject to a $25.00 processing fee per incident.

8. Customer shall pay, in accordance with the provisions of the billing option selected by Customer, any setup fees or subscription fees, connect time charges, minimum charges and other charges incurred by Customer or its designated Users at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service, any surcharges incurred while using any supplemental networks or services other than the Service, or fees associated with repair or correction resulting from Customer's use of the Service. The Customer shall pay all applicable sales and use taxes relating to its and the Users' use of the Service. Unless otherwise specified, terms of payment on all charges are net, twenty (20) days in US currency. Late charges of the greater of five dollars ($5) or 5% of the overdue balance may be assessed if any payment due is not made by the Customer within thirty (30) days after the invoice date. For accounts not approved by FRII for invoice billing, Customer must prepay or provide payment by credit card or check draft. Delinquent accounts over 30 days may be terminated, charged a $25.00 processing fee and referred to a collection agency. The Customer agrees to pay all costs including attorney's fees in the collection of outstanding accounts.

9. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT CUSTOMER'S SOLE RISK. NEITHER FRII NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FRII OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER FRII NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION 9 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

10. Neither Customer nor its designated Users may reproduce, redistribute, retransmit, publish, or otherwise transfer, or commercially exploit, any proprietary information of FRII or another Customer or Service, that they receive through the Service unless prior permission is given in writing and signed by a duly authorized representative of FRII, Customer, or Service respectively.

11. The provisions of Paragraph 9 and 10 are for the benefit of FRII and its Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.

12. This Agreement is, and shall be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements, made and performed in Colorado. Any cause of action of Customer or its designated Users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

13. Subscribers who became Charter Members on or before December 31, 1995 are eligible for Charter Member pricing on select Services. Discontinuance of the Service or failure to renew will constitute termination of the Charter Membership. Charter Memberships are non-transferable.

14. Cancellations must be made by the person authorized to make changes to the account. Customers who cancel new accounts within 24 hours of creation will receive a refund of unused access fees. All prepaid fees are non-refundable.

15. Should Customer be in default of any provision of this Agreement, FRII may, at its sole discretion and without notice to the Customer, (a) suspend its performance under this agreement and the Customer's and its Users' access to and use of the Service until the default condition is remedied or (b) terminate this agreement and the Customer's and its Users' access to and the use of the Service.

16. IP address space allocated by FRII to Customer is subject to Customer's justification and FRII's approval and is non-portable. FRII's policy and requirements on the allocation and use of IP address space shall be compliant with and regulated by the American Registry for Internet Numbers (ARIN) whose policies may change from time to time. Customer agrees to comply with the FRII Network Assignment Policy and complete a FRII Network Assignment Form.

17. This agreement contains the full understanding of the parties with respect to the subject matter hereof.