Terms of Service

AGREEMENT

myVine is a service provider of dial-up Internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of myVine services. Subscriber henceforth agrees to compliance with all terms of service use.  Any use of myVine services constitutes acceptance of this agreement.

RELATIONSHIP
The relationship between the subscriber and myVine is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, myVine reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by myVine regarding this agreement at all trial and appellate court levels.

UNAUTHORIZED USE

Questions regarding acceptable use of myVine should be sent to feedback@myVine.com.

Unauthorized use of myVine services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use or possession in one's account of programs in order to interfere with myVine's system, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; running background processes of programs on your UNIX shell account while not logged in; placing unlawful pictures in myVine WWW directories; or placing files containing commercial software in file areas accessible by the public.

Subscriber shall not allow unauthorized connections to myVine, including but not limited to auto-dialer products; unauthorized reselling of myVine; or the solicitation of myVine users to become subscribers to other online service providers in competition with myVine, nor shall the subscriber make any unauthorized copies or duplications of any myVine material, advertising, forms, brochures, pamphlets and the like which is the property of myVine.

Any subscriber attempting to harm or cause damage to myVine equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of one (1) hour, to track the offending subscriber and repair any damage they may have caused.

Simultaneous logins with a single user name and password are a violation of the myVine terms of service. Repeated violations may result in billing for multiple accounts.

Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the sole discretion of myVine.

TIME LIMITS

A standard myVine account provides access to browse the Internet, and should only be connected when a user is actively using the Internet. A standard myVine account shall not be used to run a server providing an information service over a user's modem connection such as an FTP or WWW server. A connection held for extended periods of time by automated methods or server software are in violation of this Policy, and will have their connection terminated or account suspended.

 

Although the standard myVine account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection may automatically be disconnected after two (2) consecutive hours of connectivity.

 

myVine may take any one or more the following actions in response to violations of these Terms of Service:

  • Issue written or verbal warnings
  • Suspend the customer's account
  • Terminate the customer's account
  • Deny the customer future service
  • Bill the customer for administrative costs and/or reactivation charges, as appropriate

 

TECHNICAL SUPPORT POLICIES

myVine offers technical support to assist customers with the setup and configuration of myVine Internet accounts.

 

The customer must confirm with their local telephone provider that calling any access number is a local call. myVine is not responsible for any long distance charges incurred.

 

myVine phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. MyVine phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g. Windows, MacOS, or Unix).

 

Customers may also receive E-Mail based technical support from mailsupport@myvine.com. E-Mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.

 

Customers may also receive technical support by visiting www.myvine.com and selecting the e-mail chat support link.  This will begin an online chat, technical support session.

 

myVine does not offer technical support by means other than telephone, e-mail or online chat. Support is not available by visiting our administrative offices, nor do technicians make personal visits to user's premises. myVine does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our customers connection to the Internet. myVine Technical Support is unable to provide support for "alpha", "beta" or pre-release software. myVine Technical Support is only able to provide technical support for products or services sold directly by myVine (e.g. Spam Blocker or mySpeed).

 

myVine is not responsible for the performance of services provided by organizations outside of myVine: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by myVine, the operation or reliability of any Internet server or computer not owned or operated by myVine.

 

FIRST MONTH’S PAYMENT

Your first month’s payment will be prorated from sign up date through the 1st day of the following month. The subscriber is responsible for choice of service and payment remittance.

 

BILLING PERIOD

All new services provided by myVine will be billed one month in advance and will include all applicable local, State and Federal taxes. Any additional hourly charges or single-use special charges will be billed during the following invoice cycle. Credit card authorized payments will be billed in the same manner. Accounts will automatically renew at the end of their term date. Customer may upgrade or add services at any time during their contract term. Customer may only downgrade plan to a lower cost or shorter-term plan within 30 days of their anniversary date or at the end of their current term.

 

All non-automatically debited accounts are billed on the 15th day of the month for the upcoming month of service (e.g. on June 15th, you are billed for July service).  Payment is due by the 1st day of the month of service (15 days after being billed).  Payments not received within 30 days of invoicing will be subject to a 1.5% financing charge with a minimum charge of $2.00.  All accounts that have a credit card or electronic check on file to be charged each month are billed on the 1st day of the current month (e.g. If you have a credit card on file you will be charged on July 1st for your July service).

 

Customers who wish to receive a paper invoice will be assessed a processing fee of $3.00 per billing cycle.

 

myVine reserves the right to terminate or discontinue service at any time.

 

NON-PAYMENT

myVine reserves the right to suspend access for any account not paid in full by the 15th day of the current month unless other arrangements have been made prior to this date. If your account is deactivated due to lack of payment, a $5 reactivation fee will be charged in order to reactivate your account.

 

RETURNED CHECKS, ACH OR CREDIT CARD PAYMENTS

A returned check charge of $15.00 will be incurred for all returned non-sufficient fund checks.  A charge of $25.00 will be incurred for all returned credit card payments.  If an account is on automatic ACH billing and the payment is bounced, a second attempt will be made to collect on the funds.  If the payment is bounced a second time, the account will be deactivated and a $25.00 bounced ACH charge will be incurred.  If your account is deactivated due to lack of payment, a $5 reactivation fee will be charged in order to reactivate your account.  It is the sole responsibility of the customer to supply myVine with a valid credit/debit card number and expiration date, or bank account number and routing number.

 

BILLING DISPUTES
In case of any billing disputes, you must notify (in writing) the Billing Department (P.O Box 24499 Denver, CO 80224-0499) no later than 60 days after the date the alleged billing error first arose, whether on invoice or a charge against your credit/debit card. Failure to do so will waive your right to further contest the charge(s). 

COLLECTIONS
Upon 90 day delinquency, all accounts are subject to collection activity. It is the sole discretion of myVine to determine when the account is submitted to the agency and how long to allow internal collection activity. Once an account has been turned over to the collection agency, myVine will have no further correspondence with the customer and all disputes will be handled directly between customer and assigned Collection Agency. If a dispute is received on an outside collection account, all billing and payment records are submitted to the Accounting department for a review to determine accuracy. All necessary adjustments are appended or deducted from the debt and the records are resubmitted to the Collection Agency. myVine reserves the right to submit all contracts, agreements, payment records, email history, usage records, and correspondence tickets to the Collection Agency to assist with disputes.

 

CANCELLATION POLICY

To cancel your service you must call our Customer Service Department at 1-866-464-2153 between the hours of 9 a.m. and 7 p.m. (Central Time) Monday through Friday. myVine does not offer partial refunds. Customers set up on credit card or ACH billing will automatically bill on the 1st day of the month. To avoid additional monthly service charges, customers who seek to terminate their service must do so prior to the last day of the calendar month (e.g. by May 30th for a June cancellation). All cancellations will be processed on the last calendar day of the month by midnight (GMT) Greenwich Mean Time. On the last calendar day of each month the cancellation department closes at 4 p.m. Central Time. For security reasons we no longer accept cancellations via US postal mail, email or fax. All non-monthly accounts will be subject to a $20.00 (twenty dollar) Early Termination Fee if cancelled after the billing period begins.

 

DISCLAIMER

myVine dial-up Internet service is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. myVine expressly disclaims any representation or warranty that the myVine service will be error-free, secure or uninterrupted. No oral advice or written information given by myVine, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason.

 

Under no circumstances, including negligence, will myVine, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the myVine service, including but not limited to reliance on any information obtained on the myVine service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to myVine records, programs or services. You hereby acknowledge that this provision will apply whether or not myVine is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from myVine or its affiliates. The terms of this section shall survive any termination of this agreement.

 

MODIFICATION OF TERMS

myVine reserves the right to modify this policy at any time and without advance notice.  myVine also reserves the right to change without notice the myVine service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.


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