GENERAL POLICY

Succeed.Net's Terms of Service (“TOS”) is intended to enhance the use of the Internet by providing guidelines for its use. All users of Succeed.Net's Internet services (the "Services")—those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers")—must comply with this TOS.

By subscribing to an account with Succeed.Net, you agree to abide by all policies of Succeed.Net. These policies apply to all users of Succeed.Net. without exception; failure to adhere to the stated policies may result in termination of the account at the discretion of Succeed.Net.

Succeed.Net. reserves the right to change policies, services, and pricing at any time without notice. Your continued use of an account signifies acceptance of any and all policies and policy changes, and you may cancel if you do not agree with changes in policy, service, or pricing.

Succeed.Net reserves the right to refuse to provide service to anyone.

DISCLAIMERS

Succeed.Net makes no warranties of any kind, whether expressed or implied, for the service it provides. Succeed.Net also disclaims any warranty of merchantability or fitness for a particular purpose. Succeed.Net will not be responsible for any damage you suffer from use of our Services. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, equipment damage, or service interruptions caused by its own negligence or your negligence or misuse.

Third party content: Succeed.Net exercises no control whatsoever over the content of the information passing through it or located outside our network and you are warned that some information you may view or receive may be false, misleading, offensive or obscene.  Use of any information obtained via the Services is at your own risk. Succeed.Net specifically denies any responsibility for the accuracy or quality of information obtained through our Services.

Telephone charges: The customer is responsible for all communication and / or telephone charges that they may incur when accessing Succeed.Net’s services.  Local toll-free access dial-up numbers may not be available in all areas.  The customer is solely responsible for determining if use of a particular dial-up number is toll free.  Call the operator or your telephone company if you are unsure about telephone charges you may incur.

BILLING POLICY

By signing up for any Succeed.Net services, you acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this agreement and affirm that the information you supply to us is correct and complete.

Succeed.Net reserves the right to change policies, services, and pricing. Your continued use of an account signifies acceptance of any and all policies and policy or price changes. You may cancel if you do not agree with changes in policy, service, or pricing.

Succeed.Net reserves the right to refuse to provide service to anyone for any reason.

Payments are to be made with cash, check, money order, direct debit, or credit card in US funds only.

All invoicing is done via email to your Succeed.Net email address (or billing override email). If you would like to request a different email address please contact billing@succeed.net or change your billing email override settings via the web at https://secure.succeed.net.

We also offer postal invoices for your account. Postal invoices are sent approximately 15 days before your due date. If you would like to sign up for this service call us at 530-674-4200 during business hours. There is an additional charge of $2.00 (two dollars) per billing cycle for postal invoicing.

Accounts are invoiced and due in advance of service.  Payment is due no later than the expiration date indicated on the customer invoice.  Failing to make payments within 7 days after being past due will result in the account being suspended automatically by our billing software. There will also be a $10.00 late payment fee for all delinquent accounts.

If the subscriber’s check is returned to us unpaid the account is immediately in default of payment and subject to an insufficient funds fee of $20.00. Accounts in default of payment are subject to an interruption or termination of service without notice. An interruption or termination of service due to an account being in default does not relieve the subscriber from the obligation to pay any past due account charges.

Accounts in default for more than 30 days are subject to submission to a collection agency and accruing a collection fee of $15, an interest charge of 1.5% per month on the outstanding balance. If the subscriber defaults in the payment of any amounts owed thereafter, they agree to pay Succeed.Net its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under this billing policy.

The subscriber is responsible for any additional charges from overage hours that they may have incurred over the included package hours they have subscribed to. Succeed.Net is not responsible for ensuring that the subscriber stays within the subscribed number of hours.  Customers can view their online time via the web at https://secure.succeed.net.

Customer account credits will be limited to two (2) times the length of the outage for business accounts, and one (1) time the length of the outage on Residential. Client credit may not exceed one month’s service fees in any single calendar month. In order to receive a credit a request must be submitted using the account credit form and credits will not be issues for scheduled maintenance.

All payments to Succeed.Net must be delivered to:  

Succeed.Net
1510 Poole Blvd
Yuba City, CA 95993

CANCELLATION POLICY

Succeed.Net does not monitor accounts for inactivity.  Absence of activity or usage of your account will not result in termination of your account by Succeed.Net, and no refunds will be given based on the absence of activity. If you fail to notify us of your intention to cancel you will be responsible for all access fees until the date of account termination regardless of whether you used the service.

Accounts will only be canceled in full when the balance on the account is zero dollars ($0.00). 

Succeed.Net will not issue any pro-rated refunds for any prepaid or unused time on multi-month or yearly accounts.

Be sure to retrieve any information you want to keep- email, web pages, files in your web, FTP and home directories, etc. - and save it separately from your account before you cancel. Upon cancellation, all user data will be deleted.

• 30-Day Money Back Guarantee: If you are not satisfied with the service and choose to cancel your account within thirty days (30) of the activation date, the amount your paid Succeed.Net for installation and monthly service fees will be refunded upon cancellation. Full refunds will not be given if the account has been active for more than 30 days, or for returning customers of the same account type. Note: This refund policy applies to standard dial-up, fixed wireless, DSL , and web hosting accounts.  This does not apply to custom internet services (not listed on our standard price lists), dedicated services, server co-locations, Bonded DSL, T1, T3, fiber connections, or any account priced over $200 a month.
• DSL Cancellations: DSL cancellations take an additional 3-5 business days to process after we are notified. You will be responsible for fees incurred during this period.
• Wireless Cancellations: The customer is responsible for returning the Radio equipment (Radio box, antenna, antenna cable connecting from radio to antenna), and the AC adapter power injector.  Customers can pay a $50 truck roll fee to have a technician collect the equipment if the customer desires.  If the wireless equipment is not returned within 30 days you will be responsible for an equipment recovery or replacement fee listed in your contract.

Ways to cancel:

• A Phone call by the account holder to 530-674-4638

• A written request via US Mail to: Succeed.Net 1510 Poole Blvd, Yuba City, CA 95993

• Cancellation by submitting a request through our Cancellation Form by the account holder

Only using the above options will terminate service and relieve the subscriber of the obligation to pay monthly service charges.  Written requests must contain your username, the current date and your reason for cancellation. Only the primary account holder can cancel an account.

CUSTOMER DATA

Secure: You are responsible for the protection of your account and data.  You are advised that the Internet is not a secure system.   Data can be, and often is, viewed by third parties.   Information of a private or confidential nature should not be placed on Succeed.Net's servers. Succeed.Net specifically denies any responsibility for the security of your account and the data stored in Succeed.Net facilities. 

Viruses and malicious software: It is recognized that the Internet may contain viruses that may, if not eliminated, destroy parts or all of the data contained within your computer. Succeed.Net has no control over these viruses.   You agree to provide your own mechanism for checking your computer system for viruses and other malicious software and to hold Succeed.Net harmless from any damage caused by harmful software obtained through the use of Succeed.Net services. Further, you agree not to introduce any virus onto the Internet system or Succeed.Net’s systems.  If you do so, your service may be placed on hold or terminated.

Backups: Succeed.Net is not responsible for the preservation, maintenance, or backing up of Subscribers’ personal files or other information unless specifically paid for as a separate service. You are responsible for backing up your own data.  Succeed.Net has the right to delete any and all files and information associated with individuals who have discontinued Succeed.Net service.

Privacy: While Succeed.Net makes no guarantees as to the privacy of its Subscribers’ data on the Internet, efforts are made to preserve privacy. Succeed.Net reserves the right to monitor details of customers internet usage if it is suspected that the Subscriber is violating this TOS, or engaging in other unlawful or destructive activity.

NON-TRANSFERABILITY OF ACCOUNT AND RESELLING OF ACCOUNTS:

Subscribers may not have more than one login session per account at any time unless they have paid for multiple login accounts.  Subscribers may not transfer their account information to another user, “share” accounts, or provide any account information with others. Reselling the Services without Succeed.Net's authorization is prohibited. Giving away free service to others is also considered to be unacceptable.

NETWORK ADDRESS OWNERSHIP:

IP addresses assigned to Subscribers are considered to be loaned and not given. Addresses will revert to Succeed.Net when the Subscriber disconnects or discontinues service.

COMPLIANCE WITH ALL LAWS:

Using the Services to transmit any material (via email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state or national law, or any rules or regulations is strictly prohibited.

Acceptable Use Policy

Any prohibited or illegal activity that affects Succeed.Net, its agents, equipment or customers is punishable to the full extent of the law, and Succeed.Net Inc. will hold you responsible for any damage caused by your actions, whether intentional or unintentional. You are strictly prohibited from using your account other than as outlined in this Acceptable Use Policy and will be prosecuted to the full extent of the law if you do so illegally (see Enforcement section). Succeed.Net makes no exceptions in enforcing this policy.

Succeed.Net, functions as a common carrier; our standard policy is to not monitor or interrupt our users' activities, exert editorial control over their content, or censor them or their content. To protect the interests of Succeed.Net and in the best interests of our customers, exceptions to this policy may be made under certain specific circumstances including but not limited to the following:

Illegal activities: The law requires Succeed.Net to report any criminal activity that it becomes aware of to the appropriate authorities. It is the responsibility of the account owner to be familiar with current laws and regulations.

Accountability:  The owner of any type of Succeed.Net account or service will be held responsible for any abuse of that account or service, regardless of whether the owner was the actual initiator of the abuse. This includes for example but is not limited to: abuse of an email account or dialup add-on which is part of a customer's account but which is used by a third party or abuse of a colocated server or colocation services by a third party, with or without the account owner's permission.

Email: Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE - or spam) is strictly prohibited and violators will have their accounts terminated immediately. Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of a Succeed.Net address or any address of a domain hosted by Succeed.Net as a return address for replies to spam is similarly prohibited.

Succeed.Net may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.

Usenet: All users of Succeed.Net news servers agree to be bound by the charter of any newsgroup or newsgroup hierarchy posted to. It is the responsibility of the user to be familiar with these charters, which may include rules about content, spam, language and off-topic posting. Excessive posting of identical messages to multiple newsgroups ('cross-posting') via Succeed.Net news servers is prohibited, as is the posting of unsolicited commercial email (spam).

Network abuse: Use of Succeed.Net accounts or services for orchestration of or participation in any abuse of the Succeed.Net or any other network, system or service is expressly forbidden and is grounds for account termination and possible legal action. Any action which interferes with the Succeed.Net or other networks or which affects the use of or access to any network is likewise expressly forbidden.

Succeed.Net retains at all times the right to determine what constitutes network abuse. Examples include but are not limited to:

• Attempts to hack the Succeed.Net network or any other network or systems
• Port scanning
• Use of 'cracking' software or techniques
• Dissemination of viruses or malware
• Provocation of attacks on the Succeed.Net network or any other network
• Conduct which causes Succeed.Net to be blocked by another provider or which causes Succeed.Net to be placed on a "block list"
• Flooding Succeed.Net or any other network with traffic for the purpose of disrupting service
• Mail bombing

Use of copyrighted material: Succeed.Net is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, Newsgroups or any other services provided by Succeed.Net to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your Succeed.Net account.

WiFi access points: Any wireless device connected to a Succeed.net's Internet service such as a WiFi access point must be secured by WEP or WPA (preferred) encryption and not be open to the public without the explicit written permission of Succeed.net.  Failure to secure your network may result in limits being placed on your service or termination of your account without notice.

Dial-up Connection policy: Dialup accounts are intended for interactive use by a single individual. Succeed.Net reserves the right to terminate idle connections, that is, connections that have been unused for 20 minutes. Personal accounts are limited to one login at any given time.  Succeed.Net reserves the right to terminate any dial-up connection that exceeds twelve consecutive hours duration. Succeed.Net assumes that anyone consistently using a dial-up connection for more than twelve consecutive hours at a time will need dedicated-line access. If you consistently use your dial-up account as a dedicated-line account, you will be billed for it accordingly. Dedicated lines are available for an additional monthly charge.

Excessive utilization on broadband accounts: Using any Succeed.Net non-dedicated account for high volume use is prohibited. The Services are intended for periodic average use.  Current limits are set for monthly traffic of 40GB for asymmetric accounts, 100GB for symmetric business accounts, 250GB for the Corporate accounts.  Succeed.net will charge for excessive usage above and beyond these limits at a rate of $3 per GB.

Fair use policy: Succeed.net utilizes bandwidth shaping equipment that provides different levels of service quality based on the type of account (residential vs business for example) and account type.  Succeed.net may shape any user utilizing excessive or high volume bandwidth compared to other users and may adjust their speeds on the fly to ensure that available bandwidth is fairly distributed amongst all of our users.  These changes are temporary and based on network load.

Simultaneous logins: Subscribers may not have more than one login session per dial-up or wireless wifi roaming accounts at any time unless they have paid for multiple login accounts.  Subscribers may not transfer their account information to another user, “share” accounts, or provide any account information with others. Reselling the Services without Succeed.Net's authorization is prohibited. Giving away free service to others is also considered to be unacceptable.

Enforcement and remedy

Violation of any terms set forth in this Acceptable Use Policy may result in one or more of the following, at the discretion of Succeed.Net:

• Issuance of a warning
• Temporary suspension of service
• Billing to defray administrative costs incurred
• Termination of your services, account or accounts
• Legal action

If any activities or security problems involving a Succeed.Net account or Succeed.Net customer's services cause network outages, the owner of the account or service will be billed for network down-time.

Any account owner whose account is terminated for violation of the terms set forth in this Acceptable Use Policy will be required to pay any outstanding balances due, including any and all early termination fees. In instances where it is necessary to terminate a customer's account, an administrative disconnect fee may also be applied.

Succeed.Net will normally attempt to contact any user in violation of this Acceptable Use Policy before taking action, but depending on the circumstances or the severity of the violation action may be taken without prior notification. In this case, the user will be notified as soon as it is practicable.

No limitation:  This acceptable use policy in no way limits the rights and remedies of Succeed.Net At its discretion Succeed.Net may take other actions it deems necessary to protect the integrity of its or other's networks or to recover the costs of operation as pertain to identifying and removing violators of this acceptable use policy.

Rights to damages: Succeed.Net has the right to claim economic damages from Subscribers if they cause significant economic harm to Succeed.Net through violation of this TOS or by any other action. Succeed.net charges $100 per hour for server administration time to resolve service issues caused by misuse or abuse of our systems.

ENFORCEABILITY

In the event that any portion of this agreement is deemed to be unenforceable the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect. Failure to insist upon or enforce any portion of this agreement shall not be construed as a waiver of any provision or right.

REPORTING VIOLATIONS

Succeed.Net requests that anyone who believes that there is a violation of this TOS direct the information to Abuse Department, at: abuse@succeed.net

 If available, please provide the following information:

1. The source IP address used to commit the alleged violation
2. The date and time of the alleged violation, including the time zone or offset from GMT
3. Any evidence of the alleged violation

For cases of email abuse, an Email with full header information provides all of the above. Other situations will require different methods of providing the above information.

 Succeed.Net may take any one or more of the following actions in response to complaints:

1. Issue warnings: written or verbal
2. Suspend the Member's account
3. Terminate the Member's account
4. Bill the Member for administrative costs and/or reactivation charges
5. Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

QUESTIONS/COMMENTS

Any questions, suggestions, or comments regarding Succeed.Net's TOS may be directed to info@succeed.net

Use of Succeed.Net services constitutes acceptance of these Terms and Conditions.