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Web-Access Service Agreement

  1. Customer agrees and understands that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability, reliability, or performance of any hardware or software sold or provided to Customer by Web-Access is made by the manufacturer of said product and set such product. Web Access shall not be liable in any event for loss of use, toll or long distance telephone charges, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware, use of the Internet and software, or interruption of such service for any cause. The liability of Web Access for any cause shall never exceed the actual amount paid Web Access by the Customer.

  2. Customer agrees and understands that Web Access and agents have no control of information and services provided through the Internet and the Customer hereby expressly releases, holds harmless and agrees to indemnify Web Access and agents from any and every claim which might be made by any person by virtue of Customer’s access to and use of the Internet.

  3. Customer agrees and understands that the Internet is unrestricted and uncensored, and that certain material may be distasteful and unsuitable for children. Customer agrees and understands that Web Access has no control over other Internet sites and that it is the Customer’s sole responsibility to prevent viewing of inappropriate material by children.

  4. By executing this agreement and/or using the system, the Customer expressly agrees to abide by all system rules as published from by Web Access. Customer has acknowledged receipt of a current copy of the system rules in effect at the time of activation. System rules may be modified at any time by Web Access, with such changes to be published on the Web Access Home Page. Customer agrees to accept Web Access’s interpretation of all system rules.

  5. Web Access agrees to use its best reasonable efforts to keep all electronic mail (e-mail) messages private and confidential, and agrees that the Customer is the sole owner of any e-mail messages posted by Customer to the system. In the event Web Access reasonably believes Customer is violating system rules, Web Access may review Customer’s e-mail If it is determined that a violation has occurred, Web Access may exercise the remedies provided in Section 6 of this agreement. Customer acknowledges and agrees that the recipients of e-mail are under no obligation to keep it confidential, and that in the event government authorities investigate of seize the system, Customer e-mail may be reviewed.

  6. If Web Access has reason to believe Customer is in violation of any system rules, or is conducting any activities we believe harmful to Web Access, the system, or other users, Customer expressly agrees that Web Access may exercise any or all of the following remedies:

  7. ¨ Web Access may immediately terminate Customer’s access to the system, and shall have no obligation to return e-mail or other files stored on the system.

  8. ¨ Web Access may report the matter to the proper authorities and fully cooperate with any official investigation.

  9. ¨ Web Access may exercise any other right, remedy, or action which is appropriate in view of the violation of system rules or other harmful activity.

  10. Customer agrees to pay for all services used in a timely manner, in accordance with Web Access’ billing policies. Customer agrees and understands that base service is billed one month in advance, and that any overages are billed on month in arrears.

  11. Customer recognizes and acknowledges that any software provided by Web Access for access to the system is copyrighted material, and that Customer may not sell, give transfer, or copy said software provided by Web Access.

  12. Customer acknowledges and agrees that any passwords issued by Web Access for system access are for the sole use of Customer, and that Customer may not allow others to use his/her password to access the system. Violation of this article shall be cause for immediate termination of service.

  13. Customer may not resell any service purchased from Web Access without the express written consent of Web Access.

  14. Customer agrees to all terms and conditions in the Subscriber Agreement and this Service Agreement for Web Access services. Acceptance of these terms and conditions is indicated by the Customer’s first and continued use of the service.

  15. Customer hereby agrees and consents to the obtainment by Web Access of any and all personal credit and/or financial information and does hereby agree and consent to Web Access’ use thereof for the purpose of waiving any security deposit or determining whether or not service to Customer should be initiated or continued. Customer agrees to indemnify, hold harmless, and release Web Access from any claim made as a result of the use and/or obtainment of such information. Web Access reserves the right to charge a security deposit.

  16. Upon acceptance by Web Access, this Customer Service Agreement and any exhibits, riders, amendments, or supplements attached hereto shall constitute the entire Agreement between Customer and Web Access, shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties respecting the within subject matter.

  17. Customer assents to any terms and conditions of this agreement which are additional or are different from those proposed either orally or in writing by Customer.

  18. At the sole discretion of Web Access, service may be commenced prior to or subsequent to the obtaining and verifying of credit and financial information as authorized herein. Web Access reserves the right to demand a deposit and/or terminate service if, in the sole discretion of Web Access, Customer’s credit or financial information proves unsatisfactory during the term of this agreement.

  19. Customer certifies and warrants that the information given in the application is true and correct.

  20. Prices charged for services under this agreement are subject to change without notice.

  21. No right or remedy herein conferred upon or reserved to Web Access is exclusive of any other right or remedy herein or by law or equity, and may be enforced concurrently or from time to time.

  22. Customer hereby waives and agrees not to assert any and all existing or future claims, defenses, and offsets against any payment due hereunder. Customer agrees to pay all charges due here, regardless of any claim, defense, or offset which may be exerted by Customer or on Customer’s behalf.

  23. A delegation of any obligation hereunder by Customer shall not relieve Customer of said obligation.

  24. No term or condition of this agreement may be waived or modified except by the written consent of Web Access. Forbearance or indulgence by Web Access in any regard whatsoever shall not constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults, whether of like of different character.

  25. Service of all notices under this agreement shall be deemed sufficient if given personally or mailed to the party involved at its respective address set forth in this agreement, by US mail, or at such address as the notified party may from time to time request in writing. Any notice mailed to such address shall be considered effective at the time of mailing.

  26. This agreement shall be construed under and in accordance with the laws of the State of Texas. If any one or more of the provisions contained herein shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

  27. A service charge may be imposed for all returned checks, not to exceed the maximum allowed by law.

  28. Web Access assumes no responsibility for interruptions of service caused by acts of God, force majeure, catastrophe, etc.

  29. All accounts not current by the 30th of each month will have a $5.00 late fee assessed on their monthly statement.

  30. If service is suspended by Web Access for nonpayment or other cause, a service charge of $10.00 will be imposed at reactivation.

  31. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivation, or plan changes.

  32. Customer assumes responsibility for any and all charges associated with the use of his/her account including long distance or toll charges incurred through the use of his/her account. It is the Customer’s responsibility to contact his/her local telephone company to determine if use of a particular Web Access dial up number will incur toll or long distance charges.

  33. If Customer believes that Web Access has billed the Customer in error, the Customer must contact Web Access within 30 days of the billing date. Refunds or adjustments will not be given for any charges which are more than 60 days old.

  34. Customer may terminate this agreement at any time only in person, by telephone, e-mail, or in writing. If by telephone or in person, Customer’s termination will be acknowledged by a confirmation number from Web Access billing only.

  35. Termination of this agreement does not release Customer from obligation to pay all accrued charges to Customer’s account.

  36. No advice or information given by Web Access, its affiliates, its contractors, its agents, or their respective employees shall create any warranty or responsibility.

    SYSTEM RULES:
The system may not be used for any activity which may violate any criminal or civil laws. These include, but are not limited to, any activities involving drugs, gambling, prostitution, pornography, spreading computer viruses, cracking computer security systems, infringing on intellectual property, trafficking in credit card numbers, fraudulent marketing schemes, or trafficking in cellular telephone fraud information.

The system may not be used to distribute mass unsolicited e-mail containing commercial advertisements or to post commercial advertisements to inappropriate locations on the Internet.

The system may not be used to publish defamatory statements directed to or about other persons or entities on the Internet.
Customers must respect the conventions and rules of newsgroups, mailing lists, and other networks, even if those conventions and rules are more restrictive than Web Access.

The system may not be used to violate the copyright interest or other intellectual property interests of any person or entity. This includes, but is not limited to the distribution or sharing of copyrighted software in violation of the copyrighted software in violation of the copyright holder’s rights.

Customers, including Home Page Customers, may not post any material to the system which is obscene, vulgar, or blatantly offensive to the prevailing moral standards of the community.

 

 

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