Restricting or inhibiting any other user from accessing the Internet. Posting
or transmitting any unlawful, threatening, abusive, libelous, defamatory,
obscene, offensive, indecent, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation a transmissions constituting
or encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any, local, state, federal or international
law, including without limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including copyright, trademark,
trade secret, misappropriation and anti-dilution laws. Also, the storing,
distributing or transmitting any unlawful material on ELP NetWorks servers
of unlawful material including but not limited to direct threats of personal
harm, child pornography, and copyrighted, trademarked, and other proprietary
material used without proper authorization. The account holder(s) may not
post, upload or otherwise distribute copyrighted material on ELP NetWorks’
servers without the consent of the copyright holder. Failure to abide by
these guidelines may subject the account holder to criminal as well as
civil liability in addition to actions outlined in Use of Services Guidelines
above. The account holder may not store or distribute certain other types
of material on ELP NetWorks’ servers including but not limited to, programs
containing viruses or Trojans and tools to compromise the security of other
sites. providing network services from their dial-up accounts including,
but not limited to, mail, http, and IRC servers and multi-user interactive
forums. Hosting of Adult-Oriented sites, designed for entertainment or
commercial purposes, are not allowed on ELP NetWorks’ servers. Forbidden
sites include those that provide access to pornographic materials, whether
for free or for payment, regardless of whether adult verification is used
or not. Interfering with the proper operation of ELP NetWorks’ systems,
including but not limited to, defeating identification procedures, obtaining
access beyond that which you are authorized for, and impairing the availability,
reliability, or quality of service for other customers.
The account holder agrees to use ELP NetWorks’s services only for lawful
purposes, in compliances with all applicable laws.
ELP NetWorks reserves the right to conduct and investigate suspected violations
of these guidelines which may include gathering information from the accountholder
or accountholders involved, information from the complaining party, as
well as examining material on ELP NetWorks servers. If ELP NetWorks believes,
in its sole discretion, that a violation of these guidelines has occurred,
it may take actions which may include, but not limited to, temporary or
permanent removal of material from ELP NetWorks’ servers, the cancellation
of newsgroup posts, warnings to the accountholder or holders responsible,
and the suspension or termination of the account holder(s) responsible.
ELP NetWorks, in its sole discretion, will determine what action or actions
will be taken. Violations of these guidelines could also subject the account
holder(s) to criminal or civil liability.
The account holder(s) of record is responsible for all use of the account,
with or without the knowledge or consent of the account holder(s)
System abuse will not be tolerated. System abuse is defined as any use
of ELP NetWorks resources which disrupts the normal use of the system or
Internet services of others. Examples of abuse include, but are not limited
Passwords and Identification
ELP NetWorks dial-up accounts are for individual use only. The account
holders(s) may not share passwords or accounts with other individuals.
Please note that sharing an account password and username (login ID) does
not allow for concurrent connections to our servers.
Each ELP NetWorks Internet account holder is responsible for the security
of his or her password. It is suggested that passwords are at least 6 characters
long and contain letters of mixed case and non-letter characters and can
not be found in whole or in part, in normal or reverse order, in an dictionary
of words in any language.
ELP NetWorks staff may monitor the security of account holder(s) password
at any time and may opt to change the account holder's password at its
discretion if it deems such actions are necessary to maintain the integrity
of its network.
You agree that if you feel that your password has been compromised in any
way, you will notify ELP NetWorks immediately by telephone at 915-533-8617.
If any security violations are believed to have occurred in connection
with your account, ELP NetWorks has the right to suspend access to the
account pending an investigation and resolution.
ELP NetWorks will fully cooperate with any government or legal investigation
regarding any aspect of your account.
You agree that you are the person legally responsible for the use of the
account, are at least 18 years of age, to supply us with current and truthful
name, postal address and telephone number for our records, and you have
a continued obligation to keep this information current. You also agree
that you are an authorized user of any credit card that you supply to us
and agree that we have an obligation to fully investigate any possible
fraudulent credit card use.
ELP NetWorks will allocate resources to provide all account holders with
the best service possible. ELP NetWorks may limit, restrict or prioritize
access to system resources, including CPU time, memory, disk space, session
length, and number of sessions. In addition, ELP NetWorks may charge fees
for account holders who are interested in accessing system resources beyond
ELP NetWorks may log instances of abuse of system resources and take appropriate
actions as outlined in Use of Service guidelines.
Backup of Data
Your use of ELP NetWorks’ services are at your own risk. ELP NetWorks is
not responsible for the files residing on your account. You agree to take
full responsibility for files and data transferred and to maintain all
appropriate backup files and data stored on ELP NetWorks’ servers.
Although ELP NetWorks does make backups of files on our servers, you should
always have a backup yourself on your own local PC or on any other form
of media backup.
Time & Login Restrictions
If a dial-up line connection is idle for more than 20 minutes, we will
disconnect that line without notice.
If a dial-up line connection is active for more than 8 hours, we will disconnect
that line without notice. If there is a need to connect for more than 8
hours, we recommend taking a break before resuming connection. Otherwise,
a dedicated line connection may be required.
Each login account entitles the account holder to only one connection to
our network at any given time.
For Billing and Invoicing:
We will start billing our customers on the application date, also known
as the anniversary date. However, under some circumstances, we may adjust
the billing date.
For check paying customers, we will give e-mail notice 7 days before the
due date. If the bill is 2 days past the due date, the account will be
deactivated without further notice. In this case, monthly charges still
apply to any usage after the due date and before termination. If the subscriber
calls us and requests for his account to be reactivated, we can reactivate
at ELP NetWorks’ discretion but will require payment to be received within
2 days of the anniversary date. We will not, under any circumstances, reactivate
the account if it is 15 days past due unless we receive payment in full.
For reactivated accounts, we will only accept payments through credit cards
or by our 6 or 12 month contracts.
For credit card paying customers, we will charge on the Anniversary date.
Prorating is applicable only to first non-full month. All charges for account
activation and on-site installation are non-refundable. Calculation of
prorating is based on our month-to-month rate.
We will communicate with our customers through email. We, therefore require
our users to expect all important correspondence with ELP NetWorks to be
through your ELP NetWorks e-mail account.
There is a $20.00 charge for insufficient funds on bad checks.
Canceling the account
ELP NetWorks reserves the right to terminate your account without notice
for any violation of this agreement, and ELP NetWorks is not obligate to
refund or prorate the remaining portion of your service.
For monthly customers, you or ELP NetWorks upon 30 days written notice
may cancel your account.
For 6 or 12 month prepay customers, if you terminate a contract before
the end of the agreed upon term, you will be required to pay the difference
between the discount contract price and the monthly fee, plus 15% of the
monthly price multiplied by the remaining term of the contract.
There are 3 ways to cancel the account (30 days in advance).
The first way is to e-mail firstname.lastname@example.org.
The second way is to send a letter to our office at this address: 1401
Montana, Suite L, El Paso, Texas 79902
The third way is to call us at 915-533-8617
Please give us your username, password, and personal information you gave
us when you originally signed up the account. Also, note if you want the
account terminated immediately, at the end of your billing period, or at
a specific date, Please check back with us in a few days to make sure your
account has been canceled.
Limitation of Liability
WE SHALL NOT BE LIABLE IF OUR PERFORMANCE IS CAUSED BY ACT OR OMISSION
OF ANOTHER SERVICE PROVIDER OR CARRIER, EQUIPMENT FAILURE OR MODIFICATION,
ACTS OF GOD, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS, OR CAUSES BEYOND
ELPNETWORK'S REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR SERVICE OUTAGES
OF 72 HOURS OR LESS. OUR LIABLITY FOR ANY SERVICE FAILURE SHALL IN NO EVENT
EXCEED THE SERVICE CHARGES DURING THE AFFECTED PERIOD. WE SHALL NOT BE
LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE SHALL NOT BE LIABLE
FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE. YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATES AND AGENTS, AND
ANY UNDERLYING CARRIER HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS
AGREEMENT AND YOU USE OF THE SERVICE UNLESS DUE TO OUR GROSS NEGLIGENCE.
YOU AGREE TO PAY OUR REASONABLE ATTORNEYS AND EXPERT WITNESS FEES AND COSTS
INCURRED IN ENFORCING OUR RIGHTS OR IN ESTABLISHING THE APPLICABILITY OF
THIS PARAGRAPH. THIS PARAGRAPH SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT.
WE DISCLAIM ANY EXPRESS WARRANTY REGARDING THE SERVICE OR THE INTERNET
AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR APARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE
A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH
STATEMENT. THIS PARAGRAPH SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT.
Except as otherwise provided elsewhere in this Agreement, we may amend
this Agreement by giving you 30 days written notice.
We may assign or delegate all or part of our rights or duties under this
Agreement without notice to you and we are then released from all liability.
You may assign this Agreement only with our prior written consent. This
Agreement shall be binding on you and your successors.
This Agreement is subject to applicable Federal, State and local laws,
regulations and statutes.
If any part of this Agreement is found invalid, the balance of the Agreement
The Agreement represents the final and entire agreement between you and
ELP NetWorks, which may not be amended except as provided herein.
ELP NetWorks may send any notification of new products or services to our
user database, in whole or in part, whenever we see fit. No exceptions
ELP NetWorks may elect to limit access to certain newsgroups.