1st Family Internet Services, P.O. Box 7579, Santa Cruz, CA
95061
1st Family TERMS AND
CONDITIONS -
1st
Family reserves the right to cancel services for any reason at any time and to
change pricing or the nature of the service at any time without prior notification.
1st Family makes no warranties of any kind and will not be liable for any
damages resulting to you due to use of any of our services. I agree to receive
emails from 1st Family headquarters from time to time until I ask to have my
email address removed from their list.
I agree to indemnify
and hold the company harmless from any claims resulting from my use of this
service. At its sole discretion, 1st Family may revoke my access for
inappropriate usage or abuse of service. I agree that I have read the
disclaimer on the web site. (See
Disclaimer.)
The
parties hereto intend that a rep is an independent contractor and not an agent
or employee of 1st Family. Rep is responsible for maintaining their own records
for tax purposes.
Cancellation. I understand that I
may cancel my account at any time during the month upon telephone notice, or a
signed fax, or via USPS, (email and/or voicemail notification is not
acceptable) for any succeeding months of service. (I agree that I must call to
cancel prior to my billing date to avoid paying for the following month.) I
understand that this is a pre-paid service and there are no refunds for any
partial months that have been used prior to or during the month in which I
cancel. I agree I will not chargeback my credit card or debit card or dispute
payment at my bank account at any time prior to cancellation date and If I do,
I agree to pay a $50 bank processing fee for damages and cost of collection.
(VOIP customers agree to one year of service to pay for the cost of
installation and the Special Modem. If VOIP customer cancels prior to one
year of service, I understand I will be billed for $89 for a cancellation fee.)
I agree to indemnify
and hold 1st Family harmless from any and all claims, damages and expenses,
including attorney fees, arising out of my actions or conduct in violation of
this Agreement. Any controversy or claim arising out of or relating to this
contract, or the breach thereof, shall be settled by arbitration administered
by the American Arbitration Association under its Commercial Arbitration Rules,
and judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. I agree to pay all legal fees and court
costs, and related costs of having any dispute dismissed. The decision of the
arbitrator shall apply the express intentions of the parties set forth in this
Agreement and the laws of the State of California, including, without
limitation, any applicable statutes, regulations and binding judicial
decisions, as such would be applied by the courts of the State of California.
The loser in any arbitration or legal dispute shall pay the prevailing party's
expenses to present their case including but not limited to attorney's fees,
arbitration fees, travel, time and expenses, etc. There shall be no award for
punitive damages.