Terms of Service

Account Cancelation

All cancelations of accounts must be received in written form, either via e-mail or postal mail, to ensure customer security. Final payments of the balance due must be paid before an account will be considered canceled.

Service Period

Service is contracted for the entire period of the package agreed upon. If service runs into the next billing cycle, payment is required for the next full period. Accounts are automatically renewed unless notification is made at least 3 days prior to the beginning of the next billing cycle. Refunds are not available for early termination.

Setup Fee

All accounts are subject to a setup fee. This fee is listed on the Services Page of our web site. Exceptions are made solely at the discretion of BerkshireNet, Inc.

Payment

All fees must be paid within 10 days of account activation. Account activation is defined as once the account is created on our network. All future invoices are due within 15 days of the new billing period. All fees are non-refundable. Exceptions are made solely at the discretion of BerkshireNet, Inc.

Invoices are distributed via e-mail. Paper invoices are available for a $1 service fee.

Software

BerkshireNet may or may not provide software to access the service at BerkshireNet's sole discretion. While BerkshireNet strives to provide top quality service and may provide free software, software is not included with BerkshireNet's account or setup fees. Software is provided as-is. Our setup software may make some modifications to your system, depending on your existing configuration.

Domain Registration

Any domain registered is subject to a $25 fee if the domain that we register for the client is not hosted with our service.

Bounced (NSF) Checks

All checks are subject to a $25 returned check fee.

Collection Fees

Should BerkshireNet be forced to refer an account to collections or to court, the customer is responsible for any fees caused/incurred by such action, and such fees will be added to the total bill due.

Credit Card Disputes

BerkshireNet strives to provide clear and concise accounting of charges and will work with the customer to resolve any discrepancies. It is the obligation of the customer, however, to bring any discrepancies to our attention prior to taking any action with their Credit Card company.

Should a customer instigate a chargeback on their credit card prior to such contact, and such chargeback is deemed to be against a valid charge, BerkshireNet will levy a $100 charge against the customer for the time required to address the faulty chargeback.

BerkshireNet's Liability

BerkshireNet strives to provide 100% uptime for all services, however because of the number of variables involved with internet services BerkshireNet makes no warranty as to uptime. Should the customer find that the service is unavailable, his/her sole recourse is a credit to his/her account for the amount of time that the service was unavailable.

The Internet is a sometimes dangerous place and BerkshireNet is not responsible for dangers not generated directly by the company. Virus' downloaded from the Internet, contacts made with dangerous people and skills learned from sites not directly built by BerkshireNet are not under BerkshireNet's direct control and BerkshireNet has no liability for these or any other content or contacts made through the BerkshireNet service.

While BerkshireNet does do regular system backups, they are not designed for disaster recovery of user files. All customers should retain an up-to-date backup of their files. BerkshireNet is not responsible for loss of customer data.

BerkshireNet is not responsible for SPAM received by our customers. BerkshireNet has partnered with a few outside sources to provide our customers with additional services such as local news and local events. These messages are not considered SPAM and are part of the BerkshireNet service. If you do not wish to receive these notices, please contact the respective party to request cancelation from that particular service. We do not sell our customers' e-mail or postal addresses, though from time to time we may send customers information from us or non-commercial information from other sources.

If you have any questions, comments or concerns, please contact us immediately. Otherwise we will assume that you have read, understand, and agree to our Terms of Service.

All terms are subject to change without notice.