Terms and Conditions

1. All provisions on this Cibola Internet Services ("CIS") Service Contract ("Agreement") apply to the user’s account and any associate account(s) billed to the primary user account. This agreement (contract) is between CIS and user(s) of CIS.

2. Use of CIS by its users (subscribers) constitutes acceptance of this service agreement (contract).

3. CIS reserves the right to modify this agreement at its sole discretion by publishing the agreement online at CIS’ website (www.7cities.net). It is the user’s responsibility to verify any modifications made. Use of CIS by it user's (subscribers) constitutes acceptance of this service agreement (contract) with any and all modifications.

4. User warrants and represents that he/she is 18 years old and responsible for account.

5. THE CIBOLA INTERNET SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTY EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO CIBOLA INTERNET SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. THIS WARRANTY EXPRESSLY EXCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY CIBOLA INTERNET SERVICES OR ITS PROVIDERS.

6. CIS is not responsible for the user’s personal files residing on CIS. User is responsible for independent backup of data stored on CIS.

7. CIS reserves the right in its sole discretion to delete user personal files after CIS or after user terminates this agreement by canceling service account.

8. It is the user’s responsibility to notify CIS to disconnect their account or to activate their account.

9. If any one or more paragraphs in this agreement in found unenforceable or invalid; user and CIS agree that all other parts of this agreement will remain valid.

10. CIS maintains control and ownership of all IP addresses and reserves in its sole discretion the right to change or remove any and all IP addresses.

11. Use of CIS for advertising or promotion of any products or services without the express, written consent of CIS IS STRICTLY PROHIBITED.

12. User is responsible of all use of User’s account(s) and confidentiality of password(s).

13. Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information should be treated carefully. CIS is not liable or responsible for protection or privacy of electronic mail and information transferred through the Internet.

14. CIS reserves the right in its sole discretion to delete any information entered into CIS by its users. CIS and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

15. Use of distribution lists via electronic mail or other mass electronic mailings is subject to approval by CIS.

16. Users and the parents of users who are under 18 years of age are advised that some systems on the internet may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material. CIS does not condone the use of such materials and does not permit usage of such materials on CIS’ own computing equipment. Parents of minors having accounts with CIS should be aware of the existence of such materials on the Internet and monitor home usage of CIS.

17. CIS does not exercise editorial control over the content of email, chat sessions, Usenet news postings, web pages or other content produced by users (subscribers) of CIS. Users (subscribers) of CIS are responsible for their own content and conduct.

18. CIS reserves the right to terminate access to service for any user account which has been inactive for 1month.

    Conditions of Use

19. USER HEREBY AGREES TO COMPLY WITH ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHER, WHEN USING THEIR SERVICES, DATABASES, COMPUTER SYSTEMS OR WHEN AT THEIR WEBSITES PROVIDED THROUGH CIS OR FROM CIS.

20. Users are prohibited from using CIS to engage in illegal activities. CIS will cooperate with properly authorized investigation and enforcement agents in the course of any investigation of criminal activities.

21. Any multiple logins will be considered theft of services. Multiple logins are strictly prohibited and will be charged and services will be terminated accordingly. Theft of services includes and is not limited to: Access violations (hacking/cracking), unsolicited third party email relay (particularly) bulk mailings, denial-of-service attacks, data theft and spam.

22. Any user action that is determined to constitute inappropriate use of CIS or improperly restricts or inhibits other users from using and enjoying CIS is strictly prohibited and may result in termination of an offending users account.

23. User agrees not to publish on or through CIS any material containing libelous, sexually offensive or to conduct business, activities, or solicit activities prohibitive to the law.

Terms of Payments and Charges

24. User agrees to pay all charges by CIS relating to the use of user account(s) according to the rates and prices published online at CIS website (www.7cities.net) at the time the service is used. Use of the service will be conclusive acceptance and agreement or the rates and prices published online whether or not user has taken steps to verify such prices prior to use.

25. All services are subject to New Mexico Gross Receipts Tax (NM GRT) unless user provides CIS with proof of valid tax exemption.

26. Terms of payment will be due on anniversary date. Account balance must be paid in full irregardless of whether you are on the monthly or annual payment plan. Accounts with over-due balances may be suspended.

27. VSAT and Wireless customers have their own service contracts which supersede this service agreement (contract).

28. Users are charged according to Internet access services provided by CIS not actual user usage. Users are responsible for informing CIS to terminate services, prior to next the billing cycle. Users are charged according to individual web hosting, ISDN or other services they might actually receive.

29. User accounts that are terminated due to nonpayment well be accessed a reconnection fee of $25.00 plus NM GRT.

30. User will be required to apply to CIS if they would like to reactivate their account if it has been terminated by CIS due to nonpayment. CIS reserves the right at its sole discretion to reactivate an account or deny such application. CIS may require advance payment due to credit problem history.

31. If user account is turned over to a collection agency due to nonpayment, user will be responsible for collections fee of 35% of the outstanding balance and any associated reasonable attorney’s fees.

32. CIS reserves the right at its sole discretion to terminate access of service for user or terminate this service agreement (contract) upon breach of this agreement by user including but not limited to refusal or failure to pay for services provided, indication of credit problems including delinquent payments or rejection of credit card charges or that the user may be performing activities deemed harmful to CIS. User has the right to apply or notify CIS to reactivate their account and CIS reserves the right at its sole discretion to accept or deny such application. CIS may also require advance payment due to user credit problem history.

33. User is responsible for any and all long distance charges they have incurred when connecting to CIS when outside the local telephone calling area.

34. User will be accessed a $20.00 fee for any returned checks they have made out to CIS.

Limitation of Liability

35. In no event will CIS, its directors, officers, agents, or employees be liable for special, indirect, incidental and consequential damages including but not limited to, lost income or lost revenue whether such damages arise out of breech of contract (agreement), negligence, strict liability, or any other theory of liability and whether such damages were foreseeable or not. User agrees that CIS will not be liable for any claim or demand of any nature or kind whether asserted against CIS or against user by any third party, arising out of services or materials or information provided or their use; user agrees to indemnify and hold CIS harmless from claims of third party arising out of the user’s use of the services, materials, information provided pursuant to this service agreement (contract).

36. CIS will not be liable for or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly form any cause or circumstance beyond its reasonable control, including problems with or delays caused by its database or other providers.

37. No action suit, regardless of form, other than an action for payments due CIS may be brought about.