Revision: May 10, 2006
THE USE OF THE SERVICE BY ANY USER CONSTITUTES THAT USER’S ACCEPTANCE OF THIS
ACCEPTABLE USE POLICY (“AUP”) AS WELL AS THE TERMS AND CONDITIONS (“T&C”), AND
UNCONDITIONAL AGREEMENT TO BE BOUND BY BOTH.
YOUR VIOLATION OF THIS AUP, OR OF THE T&C MAY RESULT IN THE SUSPENSION OR
IMMEDIATE TERMINATION OF YOUR ACCOUNT, AND IT MAY RESULT IN PROVIDER TAKING
OTHER ACTIONS CONSISTENT WITH THE T&C, OR THIS AUP, OR BOTH.
If you have any questions about this AUP, or about Provider’s implementation of
it, you are welcome to contact us.
In providing it services and in developing and implementing this AUP, Provider
is guided by the following business objectives, among others:
• Provide dependable, stable service to our customers
• Preserve the rights of its customers
• Protect the value of the Internet as a medium of information exchange
This Policy represents the complete agreement and understanding between the
Providers, their affiliates, owners, and suppliers (hereinafter collectively
called Provider) and the account holder (hereinafter called User) and supersedes
any other written or oral agreement. Upon notice published on-line at
http:///terms.asp Provider may modify this Policy effective with
publication to the web site.
Users not wishing to be bound by any changes in service your Provider may
announce from time to time may terminate service pursuant to the Termination
section below. If the User does not call to cancel after such notice has been
posted the user will be bound by the terms and conditions in effect.
1. All individuals accessing Internet through Provider represent that they are
18 years of age or older. Certain material available on the Internet through
Provider may not be suitable for individuals under the age of 18.
2. User understands further that the Internet contains unedited materials some
of which are sexually explicit or may be offensive to User. User accesses such
materials at User’s own risk. Provider has no control over and accepts no
responsibility whatsoever for such materials.
3. Information transmitted through Provider and through the Internet in general
is not confidential. Therefore, Provider cannot and will not guarantee privacy
or guarantee protection of User. Provider will not disclose any information
about any User unless required by court order, subpoena or other legal request,
or upon the advice of counsel.
4. Provider has no control whatsoever over the content of the information
passing through Provider Services. Use of any information obtained via Provider
is at User’s own risk. Neither Provider nor any of its licensers, employees,
suppliers, or agents warrants that the service will be uninterrupted or error
free; nor does Provider or its licensers, employees, suppliers, or agents make
any warranty as to the results to be obtained from use of any product or
service. The product or service is provided on an "AS IS" basis without
warranties of any kind, either express or implied including but not limited to
warranties of title or implied warranties of merchantability or fitness for a
particular purpose or use. Neither Provider nor anyone else involved in
creating, producing or delivering the service shall be liable for any indirect,
incidental, special or consequential damages arising out of the use of the
product or service or inability to use such or out of any breach of any
warranty. This disclaimer of liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of
Provider, whether for breach of contract, tortuous behavior, negligence, or
under any other cause of action.
5.User agrees to indemnify and hold without harm Provider, its officers,
employees, suppliers, agents, directors, shareholders and other Users from any
and all claims, damages, expenses (including attorney's fees) and liabilities
resultant from any and all use of the User's account whether authorized or not
authorized.
6. Provider Internet connections and all other products or services provided to
the User by Provider may only be used for lawful purposes. Transmission or
storage of any information, data or material in violation of any U.S. or state
regulation or law is prohibited. This includes but is not limited to:
copyrighted, material legally judged to be threatening or obscene, or material
protected by trade secret. User agrees to indemnify and hold harmless Provider
from any claims resulting from User’s utilization of the service, which damages
User or another party.
7. The right to use Provider product or service is not transferable. Accounts
are for User’s utilization only! User is responsible for the confidentiality of
User's passwords. Loaning User’s account to others, connecting a system used by
multiple persons, group use of User logins, and consuming more than one
connection simultaneously are explicitly prohibited. If the User has multiple
accounts, then the User is limited to one login session per system account at
any time. Violation of this Policy will be dealt with as theft of service,
charges may be levied, and User may be prosecuted under civil and criminal law.
8. Provider’s products or services should not be used to send unsolicited
advertising or promotional materials to other network users. Electronic mail and
appropriate USENET newsgroups may be used in the conduct of legitimate
businesses. Provider DOES NOT ALLOW User to run Mail list, Listserv or any form
of auto-responder from a User’s shell. Processes that run or are activated while
the User is not logged in are also NOT ALLOWED. Continued harassment of other
individuals on the Internet after being asked to stop by those individuals
and/or Provider will not be tolerated. When Provider becomes aware of alleged
violations, Provider may initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, Provider may suspend access
to services to the individual account in question. Confirmation of violations
may result in cancellation of the individual account and/or criminal
prosecution. The account suspension may be rescinded at the discretion of
Provider following payment of a reconnection charge.
9.Use of this account to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material
including that deemed threatening or obscene, or engage in any kind of illegal
activity is expressly prohibited. User will abide by all the rules, regulations
and policies of those networks and computer systems accessed via this account.
If the User is unsure of those policies, it is the User's responsibility to
ascertain said policies.
TERMS AND CONDITIONS OF SERVICE
10.Financial Arrangements:
a. The User is responsible for any and all fixed and cumulative charges
including setup fees for this account which are non-refundable. The first month
service fee (or other available billing period selected) is due upon account
setup unless Provider has offered other arrangements. Each billing period as
selected by the User (monthly, quarterly, semi-annual or annual), the User’s
account will be charged the amount due for that billing period and any other
fees for the new billing period plus any accumulated charges from the past
month, if applicable. Failure to use this account(s) does not relieve the User
of payment obligations during the Term of service.
b. Credit or Debit Card User’s agree to allow Provider to bill such card on each
successive billing cycle without obtaining the User's permission after the
initial charge. This card may be charged the day before the account’s due date.
If it fails, the account will be suspended until a successful transaction for
the amount due has occurred. Credit Card User shall notify Provider of any
changes in Credit Card Number or expiration date. If the card is not honored for
any reason, Provider may attempt to contact User via telephone, e-mail, and/or
U.S. Postal service to prevent suspension of the account before the end of the
current calendar month. If your account is delinquent on the day it is due, the
User’s account may be suspended without notice until payments including any
reactivation fees have been received. Suspended accounts may be terminated and
removed from Provider’s database at the sole discretion of the Provider.
Re-establishment of the account may be subject to a reconnection fee of not less
than $25.00. User’s ID may be unavailable for reissue.
c. If a payment is by check or cash, payment is due before User’s next billing
date. All dishonored checks are subject to a service fee of $35.00. The User’s
account may be suspended until the account is made current. If charges are
denied by your Financial Institution, the Provider has the right to re-bill
those charges no matter the status of your account. Payment conditions of 10.b
above also apply to check or cash payments.
d. Provider dial-up prices are subject to change at any time. Provider dial-up
accounts include 10MB of personal storage on Provider’s web server (unless
Provider has offered other allowances to User). Any storage of information
exceeding the limit is subject to audit and additional charge. Personal storage
on Provider servers cannot be used for commercial purposes or any other purpose
that is deemed to be unlawful or sexually explicit.
e. Provider has the right to instantly terminate service for any unpaid or
partial paid subscriptions. Accounts in default are subject to an interest
charge of 1.5% per month on the outstanding balance. Termination of service
shall not relieve the User from the obligation to satisfy outstanding invoices.
In the event Provider utilizes an attorney to collect such sums, the User shall
be responsible for the payment of all of Provider attorneys' fees and costs in
pursuing the collection of these sums. Venue and choice of law for any legal
dispute shall follow the law of Ohio. Litigation rights of User may be subject
to arbitration prior to litigation at the sole discretion of Provider.
f. Provider reserves the right to cancel service for any reason without prior
notice. In case of cancellation, unused fees may be returned to the User at the
sole discretion of the Provider.
g. For Security purposes, The User must notify the Provider by telephone call to
the
Provider’s Customer Service Department to Cancel Service subject to any
specified Term. Fees for any setup and any service through the current service
plan are non-refundable, unless the User is unsuccessful in using the account
and speaks to Provider’s technical support department and notifies Provider
within five (5) days of establishing said service. All User phone calls are
logged and may be recorded.
h. In addition to any price for services, User shall be responsible for the
gross amount of any federal, state, municipal or other government sales, use,
excise, value added or other similar taxes applicable to the price, sales or
delivery of any services furnished.
i. Your Internet Service Provider may allow you to pay monthly, quarterly,
semi-annual, or annually. Regardless of the billing cycle you choose, this
service is an auto-renewing service and will continue to charge your account
until the service is cancelled as stipulated in our cancellation policies.
11. Long Distance Charges:
a. It is the responsibility of the end-user to check with their phone company to
see if
the Provider Dialup Number will cause long distance or toll charges. The
Provider is not responsible for Long Distance or Toll charges.
12. Unlimited Access:
Your Internet provider allows unlimited dialup access. Unlimited dialup access
means you can connect at any time of the day, seven days a week, all year long.
It does not mean continuous connection where the computer is always on. The
Dialup account should be disconnected when not in use. The use of any program or
script to automatically re-connect Users computer to Providers network [Auto
Dialer] is strictly prohibited. The Provider deems anything over 200 hours a
month to be excessive usage. When the user exceeds this limit, the account will
be suspended. The customer will have the option of upgrading to a one time Power
User account for an additional fee. This will reset the time until the end of
the month.
13. Refund Policies:
The Provider has a no refund policy.
If User’s account is pre-paid, and the User wishes to be refunded for the unused
portion, each refund will be considered on a case by case basis. The final
decision will be the sole discretion of the Provider. All refund requests on
disputed charges must be requested within 60 days from the day the charge was
applied for consideration. The ISP will not refund any charges you may incur if
your computer is not correctly configured to connect to the Internet. We do not
refund partial months.
14. Promotions:
Promotions are only honored when the promotion is paid through its entire term.
If a User fails to live out the term of the promotion, free months or reduced
rates will not be honored.
15. Email Services:
User shall not use the Provider’s service for spamming.
Such services include but are not limited to; sending of unsolicited emails or
sending junk mail. User’s that do access email services offered by the Provider
for over 4 months will have their email erased. Provider has the right to remove
email from the deleted folder after 7 days.
16. In the event that any portion of this Policy is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect, and all
provisions of this Policy which operate to protect the rights of Provider shall
continue in full force even in the event of termination of User account.
Provider's failure to insist upon or enforce strict performance of this Policy
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between parties nor trade practice shall act to modify any provision
of this Policy.
17. By the use of a Provider account the User accepts the terms and conditions
set forth in this Policy.
18. This Policy was last updated May 10, 2006.