Term and Conditions, Acceptable Use Policy
07-07-2002
- updated to clarify early termination of fixed-length contacts
10-27-2002 - added
section regarding Virtual Server System Web Hosting
iNetCI sets forth this "Acceptable Use Policy" with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by iNetCI customers. The following policy is non-exclusive; iNetCI may alter this policy from time to time as need dictates.
Statement of Responsibility
Each iNetCI Internet account has a password that is the key to gain access to the account. 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 that iNetCI Acceptable Use Policies are honored. iNetCI will hold the account owner responsible for any violations of the
AUP. Good passwords need to be a minimum of six characters and contain at least one number or capital letter and should not be based on any common name or word.
iNetCI enforces these policies with respect to iNetCI customers only. We are not responsible for abusive actions which originate from other sites or networks on the Internet.
General Conduct
Customers are prohibited from transmitting on or through any of iNetCI’s services, any material that is, in iNetCI’s sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
iNetCI services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. iNetCI reserves the right to remove such illegal material from its servers.
New customers signing up for iNetCI must be 18 years or older in order to start an account.
The customer is responsible for keeping his billing data with iNetCI up-to-date and accurate. Furnishing false data on the signup form or contract, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
iNetCI reserves the right to disconnect service due to nonpayment of bill or insufficient funds.
The resale of iNetCI products and services is not permitted, unless specifically permitted and documented in a written agreement.
System and Network Security
Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. iNetCI will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Email
Harassment, whether through language, frequency, or size of messages, is prohibited.
Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. This includes email and Usenet news group. If this policy is violated in any way, a penalty fee of $100 per infraction will be invoiced to the customer, in addition to the regular, recurring fee for
account(s) that is assigned to the customer(s). Customer is responsible for payment of that fee, and understands that payment shall be in accordance with iNetCI's current billing terms. In addition to the penalty fee, customer's account will be immediately terminated.
Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
Forging of header information is not permitted.
iNetCI accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
Virtual Server System Web Hosting
Each iNetCi Internet
account is qualified to receive a free 15 MB Virtual Server System.
Additional features and/or storage space may be provided for an additional
fee. A unique name, web address, or URL, will be selected for each
Virtual Server System. iNetCi reserves the right to disallow the use
of any name or web address for any reason.
iNetCi reserves the right
to cancel, shutdown, or remove any Virtual Server System that violates
terms specified under General Conduct above, or for any other reason at
the sole discretion of iNetCi.
The content of iNetCi
customers' Virtual Server Systems will be backed up on a weekly
basis. However, iNetCi is not responsible for any of a customer's
files residing on iNetCi servers and the customer is responsible for
independent backup of data stored on iNetCi's servers.
iNetCi's VIRTUAL SERVER SYSTEMS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. iNetCi SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL iNetCi BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF iNetCi HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF iNetCi's SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, iNetCi SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE.
Customers agree to defend, indemnify and hold iNetCi harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by iNetCi to
customers under this Agreement, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by
the customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by
the customer for publication by iNetCi. The customer shall be the end-user of the
service. The service is not to be resold or distributed without the prior express, written consent of
iNetCi.
IRC (Internet Relay Chat)
iNetCI is not liable for any communications made on IRC.
Dial-up Access
iNetCI shall have no liability and no credits shall be given for any of the following referenced conditions arising out of interruptions, delays, or failures in transmission as well as:
- Transmission limitations caused by atmospheric and other conditions,
- System capacity limitations
- Equipment modifications, upgrades, relocations, failures, repairs and/or similar
activities
- Negligence of iNetCI. iNetCI therefore assumes no duty to provide uninterrupted service to you or your authorized dealer.
- Your negligent and willful act
- The failure of equipment or service not provided through iNetCI facilities; and
- Acts of God, fire, riots, Government authorities or other cause beyond the control of iNetCI
Additionally:
While our service is unlimited, it is not a dedicated modem connection. Use of software to keep your connection alive when it is not in use is prohibited.
Dial-up connections to iNetCI that are idle for 15 minutes or longer may be disconnected. Idle time is defined as a period during which no input or output is sent or received across the modem connection. iNetCI reserves the right to terminate dial-up connections after lengthly periods of continuous connection, as determined by
iNetCI.
iNetCI is not responsible for dialing long distance, we provide a local access number for Customers in Carroll and other communities that are able to dial to Carroll as a local call.
Establishing a Dial-up connection to our system with more than one computer at one time is prohibited.
Billing
You have contracted to have iNetCI provide you service. The term of your service commitment begins immediately upon activation of service.
You are responsible for the account as long as it is active, whether or not it is being used.
All charges are billed and payable in advance.
iNetCI reserves the right to modify billing terms at any time with notification to the customer.
The period you are billed for is shown on your billing statement. Your billing statement should arrive close to the end of each month, and is due and payable upon receipt, but not later than the 15th of the following month.
We do require a 30 day notice when canceling service either in writing or by phone when paid in advance and all other disconnects will be effective at the end of the billed month.
Early Termination Policy
Some iNetCI Service Plans may include a contracted term of service, such as 12 or 24 months. In these cases, if service is disconnected prior to the expiration of that contract term,
the difference between the contracted price and the regular monthly price
of 19.95 for each month that the service was used will be due and payable immediately. At the end of each contracted term, the contract will be automatically renewed for an additional period equal to that of the original term, unless the customer gives notice in writing 30 days prior to the end of the contract term.
Late Fee Policy
Charges for services are due and payable upon receipt.
A late fee in the amount of $3.00 will be assessed to accounts not paid in full by the 15th of the month.
If your account remains delinquent you will be disconnected. After a disconnection, you will be required to pay a reconnect charge of $15 in addition to the account balance in order to have your service reconnected.
Policy Violations
iNetCI reserves the right to restrict or terminate service without refund in the event of an AUP violation. iNetCI also reserves the right to take action on abuse that is not specifically named in this AUP at the sole discretion of
iNetCI. Use of iNetCI’s systems and network constitutes understanding and agreement of this policy. You can view updates to this AUP at
http://www.inetci.net/aup.htm.
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