Terms of Service
By accessing our services, you agree to and accept the following conditions:
1. Services may only be used for lawful purposes. The act of committing any illegal act or transmission of material in violation of any laws of the United States or specific state legislation is strictly prohibited and is subject to immediate cancellation of services. This includes, but is not limited to, copyright material, threatening or obscene material or material protected by trade secret.
2. We, under no circumstances, whether expressed or implied, are not responsible nor held responsible for any damages suffered from the use of Internet-related applications, paging or software and/or loss of data, non-deliveries or mis-deliveries of information or electronic mail, or service interruptions caused by the Internet, subscriber, USAWide.Net Services, or any other involved party. We are not responsible for any damages suffered from electronic mailing or posting of material that may be inappropriate or obscene.
3. Use of any information obtained from the Internet via our services is at your own risk. You agree we are not responsible nor liable and therefore, will not be held responsible in any court of law, for the accuracy or quality of information obtained. At times, we may include links to Third Party sites or resources. These links are for your convenience only and Affordable USAWide.net is not responsible or liable for the reliability of opinions, content, etc. of Third Party Web Sites.
4. Billing
a) Subscriber agrees to pay according to current billing policies and rates.
b) Billing begins on the first day of the creation of the account and is due on the same day of each billing period.
c) If payment is not received within ten (10) days of the due date, the member account may be suspended or closed.
d) Credit card and bank debit card payments are automatically deducted each billing period. We are not responsible or liable for any bank fees or penalty charges assessed to subscriber for overdrawn accounts.
e) Subscriber is responsible for any additional fees associated with non-credit/debit card payment methods.
f) All access packages automatically rollover to the same type of access package unless prior notification is made to us by the subscriber or notice is provided to subscriber by us.
g) If the account is canceled for any reason, the prepaid administrative fees are non-refundable. Administrative fees are also assessed to reactivate canceled accounts.
h) Billing disputes must be claimed within 60 days of the date that the claimed error was billed to the subscriber. We will not be responsible for billing claims covering billings or charges rendered more than 60 days prior to the claim.
i) We reserve the right to change billing rates, fees and/or services at anytime by notifying you 30 days in advance of effective change.
5. Cancellation
a) Subscriber is responsible for giving us thirty (30) days notice to cancel account.
b) We do not take Email cancellations. We must be able to verify that the person canceling service is the subscriber, and make arrangements for proper billing or credits to be issued on the account. Cancellations must be done orally via our Call Center @ 361-883-4257 or via toll free service we provide. Canceling Subscriber must provide proof of account ownership by verifying account information.
c) The Subscriber is responsible for any fees or charges due up to the cancellation date.
d) If you wish to cancel your account, you must give notice prior to the account anniversary date, or you will be charged for the next plan period.
e) Prepaid Accounts: If you prepay for three, six, or twelve months and choose to cancel your account, your service will not be terminated until the end of your prepaid term. As such, we will not refund prepaid accounts.
6. Access Accounts and Connections
An "Unlimited Access" account does not constitute a dedicated or constant connection. A non-dedicated dial-up connection is defined as an attended access and requires the physical presence of the account holder while the account is connected to our servers for no longer than 4 hours. Pings, auto-checkers, etc. to keep connections running or the use of others that violate this reasonable use agreement are prohibited, as well as the use of software to stay logged on while not actively using services.
a) Unlimited Access permits you connectivity on any day, at any time of the day and as many times as you can.
b) Under this account you must be interactively using the connection.
c) Login accounts are restricted to PPP protocols only.
d) Multiple logins are prohibited for any reason unless you subscribe to an account plan that permits this activity.
e) You must not use any artificial mechanism to stay on line.
f) Using programs to defeat system timers limiting inactivity is prohibited.
g) You also agree not to run any data server, including but not limited to web servers and/or FTP servers unless you hold such an account that permits this activity. This is an information and messaging service, not meant to be a permanent server connection. We reserve the right to restrict servers on such accounts.
h) Sharing unlimited accounts with anyone other than an immediate family or business associates is prohibited.
i) Re-selling service is prohibited except via authorized re-sellers.
j) You are solely responsible for determining whether a particular service number is a local, toll-free call.
k) You are responsible for any local or long-distance toll charges associated with your calls. We are not responsible for your long distance charges under any circumstance.
l) Using an account for purposes other than the type of account you are paying for is prohibited.
m) Since your Unlimited Access account does not mean a constant or continued dedicated access, violation constitutes actions that use unreasonable system resources or otherwise interfere with other user's ability to access our system.
7. Privacy Policy
a) Affordable USA Wide, Inc. and Fitch Affordable Telecom Company, and related services including web hosting, e-mail, paging and all information and telecommunications services support customer privacy to the maximum extent allowed under law.
b) We maintain no copies of e-mail, call records, pages, internet usage, or other customer information except that necessary to maintain customer account and payment records needed in the normal course of business, and except for store and forward copies of e-mail or pages, and transient information to assist in solving transmission and operational problems with our systems. Transient records which may be generated are purged either automatically when they are no longer current or on a weekly or biweekly basis as the currency of the information is no further benefit.
c) Affordable USA Wide, Inc. and Fitch Affordable Telecom will not furnish any third part with subscriber information, or any content of subscriber communications which may be on its systems except under subpoena or other valid governmental order requiring such disclosure, and then only after consultation with legal counsel to determine that such release is required under law. Where possible, customers will be notified before release of information so that they may take appropriate action to protect their rights.
d) All transmissions are the responsibility of the sender and intended recipient. We will not censor, edit or withhold any transmissions that are technically feasible, except that Company does operate virus protection means in its e-mail system which will quarantine most known virii, and those will not be delivered to subscribers when detected.
e) Company also operates spam detection software which will quarantine suspected spam. Subscriber may release suspected spam for delivery should subscriber believe that the suspected spam is desirable e-mail.
f ) This privacy policy applies to customers of both companies.
8. These terms and conditions are subject to change without notice. Continued usage after the effective date of policy change constitutes acceptance of that policy. Updated policies are available upon request. These terms and conditions supersede all previous representations, understandings, or agreements presented by us in the past.
9. Services are deemed performed in the State of Texas, as such, these terms and conditions are subject to the laws of the State of Texas, and jurisdiction shall be only in the State of Texas, except that laws and rulings of the US Government supercede any Texas rules or laws.