Internet Service Agreementiq Voice and Internet Services
This agreement outlines the guidelines required by both you and our Internet service.
Please review this document carefully.
Acceptable Use Policy
Read This Internet Service Agreement Carefully Before
Using Our Internet Services.
Earth Tones("Earth Tones") provides its Internet
services, as they may exist from time to time
("Services"), to users who pay a monthly service fee to
subscribe to the Services ("Members") as well as to
those who access some of our Services but do not have
accounts ("Visitors"). By establishing an account or
using the Services, you agree to be bound by this
Agreement and to use the Services in compliance with
this Agreement, our
Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this
Agreement, including any future revisions, you may not
use the Services and if you are a current Member, you
must terminate your use of the Services under Section
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access
dial-up numbers may not be available in all areas. You
are solely responsible for determining if use of a
particular dial-up number will cause you to incur
long-distance, toll, or other charges. Earth Tones is
not responsible for any long-distance, toll or other
telecommunications charges you incur. Toll-free (800 #),
international, and multi-user/simultaneous login access
costs are extra. Current prices for Earth Tones's
Services are posted throughout our website at http://earthtones.com.
These rates may also be obtained by calling (888) 327-8486.
All internet billing provided by iq Voice and Internet Services.
Earth Tones reserves the right to change prices and institute new fees at any
time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
- Members must (i) provide Earth Tones with
accurate and complete billing information including
legal name, address, telephone number, and credit
card/billing information, and (ii) report to Earth Tones all
changes to this information within thirty (30) days
of the change. Members are responsible for any
charges to their account. Service charges are billed
in advance in monthly cycles and are not prorated
for periods of less than one calendar month.
- Members having questions regarding
charges to an account, should contact Earth Tones's
Customer Service Department at
(888) 327-8486. All charges are considered valid unless disputed in
writing within sixty (60) days of the billing date.
Adjustments will not be made for charges that are
more than 60 days old.
- Charges are billed to Members' credit
cards or debit cards, as applicable, each month for
the basic service and any additional usage or
services. Earth Tones is not responsible for any
charges or expenses (e.g for overdrawn accounts,
exceeding credit card limits, etc.) resulting from
charges billed by Earth Tones.
- If paying by check, payments are due in
advance of the month in which the charges are
- If you pay for Services through a
prepayment plan, automatic billing described above
shall only apply to the charges not paid for through
the prepayment plan.
- If you purchase Services through a
reseller who in turns pays Earth Tones, the
reseller must pay all amounts owing for your
account. If the reseller fails to pay Earth Tones any
amounts due-whether or not you have paid the
reseller-your account will be subject to suspension
or cancellation until you or the reseller has paid
all amounts due.
- Delinquent accounts may be suspended or
canceled at Earth Tones's sole discretion;
however, charges will continue to accrue until the
account is canceled. Earth Tones may bill an
additional charge to reinstate a suspended account.
- Earth Tones bills extra for
multi-user/simultaneous logins on an account. This
means that multiple users dialing into the same
account, specifically at the same time may incur
additional charges. The simultaneous usage charges
are in addition to any other charges in effect for
your account. Please note that you are responsible
for recognizing when more than one person is logged
in at the same time.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password,
and account designation. You and members of your
household or business, if you have purchased a business
account, are the only authorized users of your Earth Tones account
and must comply with this Agreement. You must keep your
password confidential so that no
one else may access the Services through your account.
You must notify Earth Tones immediately upon
discovering any unauthorized use of your account.
Using a personal account for high volume or commercial
use (e.g., revenue generation, advertising, bulk mass
mailing, etc.) is prohibited. Outgoing email is limited
to 100 email messages per day. Email accounts exceeding
10MB in size may, at Earth Tones's discretion, be
transferred to a compressed temporary file or storage,
or returned to the sender. Earth Tones may delete the
temporary file from the server 60 days after notifying
you. Any free Web site exceeding 5MB may be suspended
until the Member reduces the disk space usage to 5MB or
less or purchases additional megabytes. Any free Web
site exceeding 250MB of traffic will be billed for
excess traffic. You may establish a commercial or
high-volume account by calling (888) 327-8486.
Members agree not to use any automatic method to avoid
inactivity disconnect or to otherwise maintain a
connection unless actively using it. Members agree not
to provide any public information services over a
Earth Tones may change its POP numbers at any time. Earth Tones reserves
the right to direct Members to use certain numbers to
access the Service or to restrict use of specific access
numbers. Those changing from one network to another may
incur additional charges. Usernames, passwords and
email addresses are Earth Tones's property and Earth Tones may
alter or replace them at any time.
5. MONITORING THE SERVICES.
Earth Tones has no obligation to monitor the Services,
but may do so and disclose information regarding use of
the Services for any reason if Earth Tones, in its
sole discretion, believes that it is reasonable to do
so, including to: satisfy laws, regulations, or
governmental or legal requests; operate the Services
properly; or protect itself and its Members. Please see
Earth Tones may immediately remove your material or information from Earth Tones's
servers, in whole or in part, which Earth Tones, in
its sole and absolute discretion, determines to infringe
another's property rights or to violate our
Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY
IDENTIFIED AS BEING OFFERED BY Earth Tones, Earth Tones DOES
NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR
SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. Earth Tones HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME
FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND
THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL
SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED
THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Earth Tones DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Earth Tones MAKES
NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH Earth Tones OR
THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN
BY Earth Tones OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. Earth Tones AND ITS EMPLOYEES ARE NOT LIABLE
FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING
ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Earth Tones'S
CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL
CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT
EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A
ONE YEAR PERIOD.
7. SOFTWARE LICENSE.
Earth Tones grants to each Member a limited,
nonexclusive, nontransferable and nonassignable license
to install and use the Earth Tones access software
(including software from third-party vendors that Earth Tones distributes;
in object code format), its associated documentation,
and any updates thereto ("Licensed Programs") in order
to access and utilize the Services. Each Member agrees
to use the Licensed Programs solely in conjunction with
the Services and for no other purpose. Earth Tones may
modify the Licensed Programs at any time, for any
reason, and without providing notice of such
modification to a Member.
The Licensed Programs constitute confidential and
proprietary information of Earth Tones and Earth Tones's
licensors and embody trade secrets and intellectual
property protected under United States copyright laws,
other laws, and international treaty provisions. All
right, title, and interest in and to the Licensed
Program, including associated intellectual property
rights, are and shall remain with Earth Tones and Earth Tones's
licensors. Member shall not translate, decompile,
reverse engineer, distribute, remarket, or otherwise
dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or
re-export the Licensed Programs or any underlying
information or technology except in full compliance with
all United States and other applicable laws and
regulations. By installing or downloading the Software,
you represent and warrant that you are not located in,
under the control of or a national or resident of any
country on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders.
Contractor/manufacturer is Earth Tones, 1536 Wynkoop St, Suite 100, DENVER, CO80202.
8. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in
the domain "earthtones.com", or any other site operated
by Earth Tones(the "Web site") is a complimentary
information service offered by Earth Tones at no charge
We may provide links on the Web site to other Web sites
which are not under our control. In general, any Web
site which has an address (or URL) which does not
contain "Earth Tones" is such a Web site. These links
are provided for convenience only and are not intended
as an endorsement by Earth Tones of the organization or
individual operating the Web site or a warranty of any
type regarding the Web site or the information on the
You may provide a hypertext link to our Web site on
another Web site, provided that: (a) the link must be
clearly marked "Earth Tones", (b) the link must
"point" to the URL "http://www.earthtones.com" " or
"www.earthtones.com" and not to any other pages within
the Web site, (c) the appearance, position and other
aspects of the link may not be such as to damage or
dilute the goodwill associated with our name and
trademark(s), (d) the appearance, position and other
aspects of the link may not create the false appearance
that an entity is associated with or sponsored by Earth Tones,
(e) the link, when activated by a user, must display
this Web site full-screen and not within a "frame" on
the linked Web site, and (f) Earth Tones may, in its
sole discretion, revoke consent to link to our website
at any time. All other hypertext links to the Web site
must be approved in writing by Earth Tones.
Some portions of the Web site are made available for the
free exchange of ideas by participants and are not
regularly monitored nor moderated by Earth Tones. Earth Tones assumes
no responsibility and makes no warranty that it will
undertake to screen or remove such material. You agree
to hold Earth Tones harmless from all claims based upon
the materials posted by others. Also, in exchange for
availing yourself of the opportunity to upload or
provide information to this site and any associated chat
rooms or discussion areas, you will indemnify
Earth Tones from any claims made by third parties regarding the material that
you provide. Personal information posted by you to the
Web site is posted at your own risk. Earth Tones will
have no liability arising from use of that information.
You shall not use the Web site to distribute or publish
any advertising of goods or services, solicitations for
funds, or other commercial messages. You agree that you
will not post, upload or otherwise introduce a virus or
other harmful code onto the Web site.
Your posting of material on the Web site or providing
material to Earth Tones to use on the Web site will be
deemed to be a grant by you to Earth Tones of a license
to the material to include the material on the Web site
and to reproduce, publish, distribute, perform, display,
and transmit the material and to prepare derivative
works as may be reasonably necessary to do so, and you
waive all rights of attribution and integrity with
respect to the material .
9. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of
this Agreement and any future versions. If you are
dissatisfied with the Services or any related terms,
conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using
the Services and, if you are a Member, to terminate your
You may terminate your account at any time and for any
reason by providing notice of intent to terminate to Earth Tones by:
registered or certified mail, return receipt
requested addressed to Earth Tones, Accounts-Customer
Service, 1536 Wynkoop St, Suite 100, DENVER, CO80202;
telephone calls directed to Accounts-Customer
Service at (888) 327-8486.
Email termination of your basic Internet access account
will not be accepted. To terminate Internet service,
you must call (888) 327-8486. To
terminate Web Hosting and/or Business Services, you must
call (888) 327-8486. Your termination will
only be complete upon your receipt of a cancellation
confirmation number from Earth Tones. Charges to your
account will stop accruing the day
Earth Tones provides you with a cancellation confirmation number. Based on your
billing cycle, charges accrued prior to your termination
may apply after you receive a cancellation confirmation.
Email cancellation requests will not be accepted. If
your account included space on Earth Tones's servers,
anything stored on this space will be deleted upon
Without prior notice, Earth Tones may terminate this
Agreement, your password, your account, or your use of
the Services, for any reason, including, without
limitation, if Earth Tones, in its sole discretion,
believes you have violated this Agreement, our
Acceptable Use Policy, or any of the applicable user
policies, or if you fail to pay any charges when due. Earth Tones may
provide termination notice to you by: email addressed to
your email account or by US Mail or courier service to
the address you provided for the Services. All notices
to you shall be deemed effective on the first (1st)
calendar day following the date of electronic mailing or
on the fourth (4th) calendar day following the date of
first-class mailing or deposit with a commercial courier
Sections 3, 4, 6, and 11 of this Agreement shall survive
termination of this Agreement.
This Agreement is governed by Minnesota law without
regard to conflict of law provisions.
The federal and state courts located in Minnesota alone
have jurisdiction over all disputes arising out of or
related to this Agreement and the Services. You consent
to the personal jurisdiction of such courts sitting in
Minnesota with respect to such matters or otherwise
between you and Earth Tones, and waive your rights to
removal or consent to removal.
This Agreement, the
Acceptable Use Policy, the
policies posted on Earth Tones's Web site constitute
the entire agreement between you and Earth Tones with
respect to your use of the Services.
Earth Tones may revise, amend, or modify this
Acceptable Use Policy and any other user policies
and agreements, at any time and in any manner. Notice of
any revision, amendment, or modification will be posted
on Earth Tones's Web site (http://earthtones.com)
and/or on Member's start pages and/or by email and/or in
our various publications and mailings to Members.