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GENERAL INTERNET ACCESS TERMS and CONDITIONS This agreement represents the complete agreement and understanding between Dunlap Services, Inc. (hereinafter called DS) and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice published on-line via DS, DS may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please notify our customer service department so we may initiate the cancelation of your user account. If you have any questions about the DS Terms and Conditions for Use, please call the DS customer service department. Section #1 - Provision of Services 1.1 DS will provide services on its computing and network systems to individual Users in exchange for payment of fees and compliance with the terms and conditions of this document. 1.2 DS services are defined as the use by the User of computing and telecommunications services provided by DS. These services also include the provision of access to computing, and telecommunications services provided by others via the Internet. 1.3 DS does not provide computer software and programs with its user accounts. DS does not provide a warranty to previous versions of distributed software, either expressed or implied, as to the usability or behavior of these programs. 1.4 DS does not guarantee timely support for customer connections, hardware or software. Due to the virtually unlimited number of combinations of computer hardware and software configurations, it is not possible for DS to support them. We will assist if possible, but no warranty is expressed or implied with that assistance. 1.5 DS will publish a notice of fee increases on-line before such increases will take effect. Section 2 - Use of Material 2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using DS services. Account holders may also re-distribute materials in the public domain. The User assumes all risks regarding the determination of whether the material is in the public domain. 2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using DS services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified. 2.3 Note that some materials available on the Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee. Section 3 - Use of Services 3.1 Individual user accounts are for individual users and the User therefore agrees not to share the password of the account. The User acknowledges that DS will terminate the account after appropriate notification if the User does not comply. 3.2 The User of an Individual User account agrees to maintain a secure password to the account. Secure passwords are those that are at least 4 characters in length, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. 3.3 The User agrees not to use any process, program, or tool via DS services for guessing the passwords of Users on DS or other systems. The User agrees not to use DS services to make unauthorized attempts to access the systems and networks of others. 3.4 The User agrees to use the services provided by DS as permitted by applicable local, state, and federal laws. The User agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. 3.5 The User acknowledges that DS is a commercial entity. DS may be used by Users to conduct legal businesses. These businesses should, however, not impinge upon the use of DS services by other Users. DS 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. 3.6 The User may be permitted to establish a personal web site on DS's server depending on the service plan selected. A personal web site may not be used to do business, including but not limited to selling a product, service or good, advertising, or any other type of electronic publishing that DS may deem to be of a commercial nature. If the User wishes to publish such a web site, it must be done using one of DS's commercial presence accounts. Furthermore, bandwidth, or the number of visits or hits that a site take are monitored on personal accounts. Users who have personal sites that exhibit high usage, which shall be defined as personal web sites that transmit in excess of 500 megabytes of data per month, may, at DS's sole discretion, be requested to upgrade the site to a commercial account or remove the site from DS's server. 3.7 The User acknowledges that DS may, at its sole discretion, disable or remove any material published on a users web site that DS deems inappropriate. DS may also disable a site that is experiencing excessive usage as defined in section 3.6 of this agreement, while the User is contacted to determine if the User wishes to convert the site to a commercial web site or discontinue the use of DS's services. 3.8 The user is permitted to send and receive Electronic mail(EMAIL). The user is not permitted to store email on DS's servers for excessive periods of time. An excessive period of time shall be defined as 6 months from date of receipt. After this time, DS may remove any electronic mail messages that are older than 6 months from date of receipt without warning. Individual Email messages are limited to a maximum of 4 Megabytes(4,000,000 bytes) in size. Total storage space for mail messages is 100 Megabytes(100,000,000 bytes). Section 4 - Indemnification 4.1 The User acknowledges that DS makes an honest effort to keep the information available on DS's systems accurate. However, DS can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through DS is at the risk of the User. 4.2 The User also acknowledges that the information available through the Internet may not be accurate. DS has no ability or authority over this material. DS can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through DS services is at the risk of the User. 4.3 The User agrees to indemnify and hold DS harmless from any claims, including attorney's fees, resulting from the User receiving DS services which cause direct or indirect damage to the User or another party. Section 5 - Payment of fees and penalties 5.1 The DS billing cycle is in 1 month periods, starting with the first day of each calendar month and ending on the last day of each calendar month. Users will be billed in advance for each service period's usage during the first week of that month (i.e. User would be billed during the first week of January for service beginning in January). A Users initial billing will be prorated to put the User on the calendar month cycle (i.e. a User who signs up on the 15th of the month would be prorated and billed for the remaining 15 days of that month). After the initial billing the User would be billed on the monthly cycle. 5.2 User accounts paid by check or money order are billed quarterly (3 months) or annually (twelve months) in advance. Accounts paying by check may not be activated until payment is received. User will receive an invoice by mail at least two weeks prior to the expiration of service. User must pay the invoice prior to the expiration of the account to avoid service interruption. 5.3 Delinquent accounts are those that are unpaid after the due date, or those whose charges are refused by the User's credit card company, or direct checking account debits that are refused by the User's bank. Interest charges of 1% per month may be assessed on accounts that are more than 15 days past due. 5.4 Accounts that are delinquent are put on "accounting lock" and may not be used. DS accounts continue to accrue charges while they are locked. 5.5 Accounts that are on accounting lock will only be "unlocked" after the DS Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 9am-5pm Monday-Friday, Eastern Time. 5.6 The User acknowledges full responsibility for the account until payment in full is made. Section 6 - Account Cancellations 6.1 User accounts are automatically renewed at the end of the service period. 6.2 Cancellation requests for DS accounts may be received in writing, via email, fax or postal service at DS's main office. Verbal requests are also accepted during normal business hours after verification of the User. All requests must be received 5 days before the next billing period in order to be processed so that the customer is not billed for the next usage period. 6.3 In no event, other than the willful termination of an account by DS, will a prorated refund be given to the User for the remainder of the current month's service. Services billed quarterly will receive a refund for the unused 1 or 2 months, if applicable, on the next billing cycle. Services billed annually will receive a refund in the amount of the difference between the annual service fee and the amount of the corresponding monthly service fee times the total full months of service on the next billing cycle. 6.4 DS reserves the right to terminate any account at any time with or without cause or reason. In the event that DS would choose to take this action the User understands and agrees that the Users only compensation would be a prorated refund for the current period that User has already paid. Section 7 - Abuse of Services 7.1 Any use of DS system resources that disrupts the normal use of the system for other DS users is considered to be abuse of system resources and is grounds for administrative intervention. 7.2 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on DS proprietary installation software or associated setup utilities is an abuse of DS services. 7.3 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or, if severe enough, have their account suspended by DS Technical Support without prior notice. If the misuse is unintentional, the suspension may be rescinded following discussion with DS Technical Support. If the misuse is intentional, the suspension will not be rescinded Unintentional misuse may be misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Customer Service Manager. 7.4 Personal unlimited dial-up accounts are for the reasonable unlimited usage of ONE person only, with reasonable attended unlimited use. Reasonable unlimited use is defined as one person using one computer that is using the service, and does NOT include leaving systems idle for excessive periods of time, leaving systems online for others' use as file servers, etc. Use of network sharing services or Network Address Translators(NAT) is also prohibited with Personal dial-up accounts. Users may not use "keep-alive" programs or other time-out defeating programs to intentionally keep the connection up even though no person is using the system. 7.4.1 In accordance with section 7.4, DS has implemented a 60 minute inactivity timer. If the user's connection is idle for 60 minutes, it will be disconnected. Due to the number of possible software packages available today for connecting through DS to the Internet, it is impossible for DS to supply the user with a warning that their connection is about to be terminated. 7.4.2 In accordance with section 7.4, DS has implemented a limit of 8 hours maximum time connected for one call. If the user's connection is active in excess of 8 hours, the connection will be disconnected. Due to the number of possible software packages available today for connecting through DS to the Internet, it is impossible for DS to supply the user with a warning that their connection is about to be terminated. 7.5 DS Personal WWW pages are for personal use only. They may not be used for the advertising or promotion of a product, good, service, company, or person(s). Personal Websites using more than 5Mb may be required to pay additional fees or may be requested to upgrade the site to a commercial account or remove the site from DS's server. 7.6 Sending unwanted or large amounts of unwanted e-mail messages, posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as "spamming") through DS electronic mail or USENET news servers is prohibited. 7.7 Viruses. It is possible that the User's computer may be running a "e;virus"e; program that sending "e;SPAM"e;. If DS detects this, the User's account will be blocked for outbound email until the problem is resolved. 7.8 User will not attempt to vandalize any portion of DS's or other systems connected to the Internet. "Vandalism" means any malicious attempt to harm, destroy or disrupt the service in any manner. This includes, but is not limited to, hacking attempts, transmitting computer viruses, unauthorized use of User accounts, the execution of programs that result in unwarranted network traffic or server utilization which may or may not disrupt the network load, the transmission or execution of worms, trojan horses or any other computer program code or data which may possibly damage or disrupt the system(s). 7.9 Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a DS user account, or in electronic mail stored or transmitted through DS computer systems is strictly prohibited. 7.10 Use of copyrighted materials without permission of the copyright holder send through or stored on DS servers or network is prohibited. 7.11 Violations of any of the DS conditions of use are unethical and may be criminal offenses. You are expected to report to DS any information you may have concerning instances in which the conditions of use have been or are being violated. When DS becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further unauthorized activity, DS 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 DS's discretion. Section 8 - Indemnity The Customer agrees to indemnify and hold harmless DS from any and all claims resulting from the Customer's use of DS's services which cause damage to the Customer or a third party. Section 9 - Disclaimer DS makes no warranties of any kind, whether express or implied, for the services it provides. DS also disclaims any warranty of merchantability or fitness for a particular purpose. DS will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. Section 10 - General 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. This agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Ohio. Each party irrevocably consents to the jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of Ohio, in connection with any action to enforce the provisions of this agreement, to recover damages or other relief for breach or default under this agreement, or otherwise arising under or by reason of this agreement. In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly possible to reflect the original intentions of the parties and the remained of the provisions shall remain in full force and effect. DS's failure to insist upon or enforce strict performance of any provision of this agreement 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 agreement. Section 11 - Privacy 11.1 DS will not distribute or sell any information related to the User. This includes, but is not limited to the User's postal mailing address, any telephone numbers supplied, electronic mailing address, credit card or checking account information. 11.2 DS does not collect or monitor the User's Internet connection on a daily basis. DS may initiate a monitor or trace on a connection if DS believes, at DS's sole discretion, is in violation of this policy or is conducting any illegal activity. 11.3 Evidence of Illegal activity will be reported to the proper authorities through DS.NET's legal council. Rev 3.0 10/02/2002 |
