This agreement is by and between Alliance Internet, duly authorized and existing under the laws of the State of South Dakota with its office at P.O. Box 349, 612 Third Street, Garretson, South Dakota 57301, and the undersigned Customer for the provision by Alliance Internet or its subcontractors of certain electronic communication services and related items.

  1. Service Warranties: With respect to the Service provided, Alliance Internet makes no warranties of any kind, expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Alliance Internet takes no responsibility for any damages suffered by the Customer, including, but not limited to, loss of data from delays, non-deliveries, misdeliveries, or service interruptions caused by Alliance Internet's own negligence or Customer's errors and/or omissions.

  2. Acceptable Use: This service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, state or federal regulation(s) are prohibited. This includes, but is not limited to copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secrets.

  3. Use of Information: Use of any information obtained via this service is at Customer's risk. Alliance Internet specifically denies any responsibility for the accuracy or quality of information obtained through its service.

  4. Inappropriate Usage: Alliance Internet or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at Alliance Internet's discretion.

  5. Change of Status: Alliance Internet will occasionally require new registration and account information by the Customer to continue service. Also, the Customer shall notify Alliance Internet in writing of any changes in the account information.

  6. Limitation of Liability: Neither party shall be liable to the other for any loss, damage, liability, or expense arising out of or in relation to this agreement or the provision of service or equipment, however caused, whether grounded in the contract, tort (including negligence) or thereby of strict liability. The parties agree to work in good faith to implement the purpose of this Agreement, recognizing the network connection and services to be provided by Alliance Internet could not be made available under these terms without an increase in cost if the parties were to assume a greater liability.

  7. Billing and Minimum Terms: Customer will be billed the first business day of the month after Alliance Internet receives his/her order in Garretson, South Dakota, for the coming month's fixed service costs, as well as the past month's fees. The first payment may also include network connection and installation costs, including service fees, local access and monthly lease costs appropriate to the service selected. These fees are non-refundable. The monthly service fees are independent of the amount of traffic or systems access by users at the Customer's location. Billing will be included with your monthly telephone bill.

  8. Security: Alliance Internet makes no warranties, expressed or implied, concerning the security of the Customer's Data or computer system(s) or network. Use of Alliance Internet's High-Speed Service provides a constant connection to the Internet, which may be accessible to other computers connected to the Internet. The Customer is responsible for security connections regarding his/her computer(s) or network.

  9. Hosting: Alliance Internet's Service is not intended or designed for hosting of private or public Internet sites. This activity may result in immediate suspension of the user's account and Internet service.

  10. Equipment: Alliance Internet will provide Customer with equipment to enable Customer to receive Internet Service. This equipment remains the property of Alliance Internet. In the event Customer terminates Internet Service, Customer is responsible for returning the equipment to Alliance Internet in working condition. Customer is liable for damages or loss of any equipment.

  11. Alliance Internet reserves the right to evaluate on an individual basis the bandwidth or hardware utilization of individual accounts. Excessive bandwidth or hardware utilization that affects the ability of Alliance Internet to provide service will result in the account being re-evaluated and may, at the discretion of Alliance Internet, require user to upgrade the account service agreement or to notify the activity creating the excessive use.

  12. The System Administrator has the absolute right to suspend any login at any time without cause or notice if:

    • A local user or other Internet Service Provider Webmaster or System Administrator complains of extreme abusive behavior by the login user.

    • The System Administrator judges the login user's actions to be a threat of immediate harm to any computing facility.

    • The login user violates, or appears to be in violation of, any provision of the Alliance Internet Internet Service Agreement and Acceptable Use Policy. 

  13. Bandwidth: Actual data transfer or throughput may be lower than the minimum connection speed due to Internet congestion, server speeds, protocol overheads and other factors that cannot be controlled by Alliance Internet.

  14. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Alliance Internet's Service constitutes acceptance of these Terms and Conditions.

  15. Alliance Internet does not allow users to originate unsolicited bulk e-mail ("Spam"). This activity will result in the immediate suspension of the user's account.

  16. If Customer is under age 18, Customer must have a parent or legal guardian sign a consent form for account activation.

  17. The Customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner's responsibility to safeguard the account password and to ensure the Alliance Internet's Service Agreement and Acceptable Use policies are honored.