|
|
Terms of Service
Every online service / ISP has policies. Here's ours! Reading through the rules can sometimes be tedious. We've done our best to come up with a set of policies that protects you and us. We think you'll find that they are all pretty sensible and necessary. If you ever have ANY questions about them, please don't hesitate to let us know!
Access One agrees to provide and User agrees to receive access to the Access One Internet service according to the following terms and conditions:
- The benefits or rights conferred by this agreement are nontransferable. Use of Access One accounts is expressly limited to the individual or business whose name appears on the account.
- User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Access One reserves the right to cooperate with all or any law enforcement agencies.
- Reselling of your web space is prohibited unless expressly contracted with Access One.
- Sexual images and illegal material on your web pages are prohibited.
- User is responsible for all use of User's account and confidentiality of password. We will suspend access or change access to User's account immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. Access One is not liable for any usage and or charges prior to Access One making the necessary account alteration.
- User is responsible for all local and long-distance telephone charges for connecting to Access One.
- User agrees to pay Access One all charges relating to the use of User's account according to rates and prices stated online at the time of commencement of that subscription term.
- Access One reserves the right to change prices/rates at any time.
- Access One users may use their account at any location or locations they choose under that following terms.
- An individual account may NOT be used by persons not a member of the immediate family.
- A business account, purchased by an employer for an employee may not be used by that employee at home as a personal account. It may, however, by used on a laptop computer if the employee uses such a computer while away from the employment location as part of a business trip or the regular duties of his/her employment.
- Access One reserves the right to suspend access to service for User's account upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
- The Access One service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Access One or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Access One or its providers.
- Neither Access One nor its Information Providers are responsible for any damages arising from User's use of Access One or by User's inability to use Access One services.
- Dialup connections are not intended to be full-time dedicated connections and we reserve the right to disconnect a user for inactivity or for using what we consider an excessive amount of time online.
- Standard dialup connections may NEVER exceed 240 hours online per month. If you need more time than this, then you require a dedicated connection.
- User may not run publically accessible services such as SMTP, HTTP, MUD or IRC server.
- Access One reserves the right to change without notice the Access One service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
- Access One is not responsible for User's personal files residing on Access One. User is responsible for independent backup of his/her data stored on Access One.
- Access One reserves the right to delete User's personal files after one or both parties terminates agreement.
- Access One reserves the right in its sole discretion to delete any information entered into Access One by User. Access One and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
- Access One, at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Access One that User may be performing activities harmful to Access One or its Users, employees, vendors, business relationships or any other users of the Internet.
- The following violations of "netiquette" are grounds for immediate termination of service.
- Posting a single article or substantially similar articles (SPAM) to an excessive number of newsgroups or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
- Sending unsolicited commercial mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
- Engaging in either (a) or (b) from a provider other than Access One and using an account on Access One as a mail drop (or website) for responses.
- Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Access One.
- Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
- When violations occur, it puts our company at risk with our own provider(s) and with other ISPs. Due to their serious nature, and the work it takes for us to "undo" the damage, there is a CHARGE assessed for each violation in the amount of $200.00
- Use of IRC "bots" on Access One, whether on our IRC server or any other. Such software may not be stored on Access One.
- This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Kansas.
- Access One may modify these terms and conditions upon notice published Online via Access One. User's use of Access One's services after such notice shall constitute User's acceptance of the modifications to this Agreement.
- Non-enforcement of any section of this Agreement does not constitute consent and Access One reserves the right to enforce this Agreement at its sole discretion.
- If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Access One's agreement on all other paragraphs shall remain valid.
- Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable) will continue regardless of your use unless and until you expressly cancel the auto-billing, which you may do at any time, unless bound by a specific term or agreement.
- When paying by check, 900# or Credit Card, User expressly authorizes Access One to collect from User a penalty fee of up to $20 for a returned check, unpaid 900# charge or Credit Card chargeback.
- The User is in default of this Contract if:
- Any User covered by this contract fails to obey any present or future Access One rule or regulation; or
- We do not receive a monthly payment on or before its due date; or
- Any material statement by the User in this contract is false.
- Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
- In the event the User defaults on this contract, Access One may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price Access One is charging to new members.
- The User agrees to pay Access One's reasonable attorney's fees and court costs, where permitted, in collecting the amount due in the User's contract or subscription agreement, including the collection of 900# chargebacks, returned checks and charged back credit card transactions.
- Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Access One.
- Access One may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
- In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
- Access One reserves the right to terminate or change priority of any process started by said user.
- Access One reserves the right to collect damages (software, hardware & man hours) if any harm is done (due to USER'S negligence) to Access One which requires repair or reconfiguration of any kind.
- Access One may offer credits to users who refer additional users who sign up for and keep Access One accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.
- Access One dialup connections are not intended to be full-time dedicated connections and we reserve the right to disconnect a user for inactivity or for using what we consider an excessive amount of time online.
- User may not run publicly accessible "services" such as SMTP, HTTP, MUD or IRC servers.
- Unless specifically contracted for a full-time dialup connection, User may not remain connected when not at his/her computer.
- DO NOT USE US FOR ANYTHING THAT MIGHT BE ILLEGAL.
Access One's Internet service may NOT be used to encourage anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, proliferating computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes.
Upon discovery of such activity, we WILL inform the appropriate authorities.
People sometimes have trouble determining whether certain activities are illegal. It's usually not that hard. If it's illegal "out there," it's illegal "in HERE"! Using us to commit a crime doesn't make it any less a crime. In fact, if you use us to commit a crime, you're exposing the operators of the system and its other callers, to legal risks that should be yours alone.
If you genuinely do not know whether something you'd like to do is legal or illegal, please discuss it with us before you proceed. And if we tell you we do not want you to pursue your plans on our system, please respect our decision.
NO RESELLING OF YOUR ACCOUNT
This is closely related to the above policy. Your UNLIMITED Account is meant to be FOR YOU to be used BY YOU. If you are dialing into us to provide internet services to a BBS, a network of computers, you are overstepping the scope of your dialup account, and must have us quote you for a commercial or business account.
NO PONZI SCHEMES, SPAM, OR CHAIN LETTERS.
This includes, but is not limited to: "David Rhodes" letters, Make Money Fast letters, multi-level money scams & other pyramid schemes. We do NOT want our customers falling prey to hoaxes. This ALSO APPLIES to USENET SPAMMING or EXCESSIVE CROSSPOSTING to USENET Groups. We're a big happy internet community, and Access One does its part to make it a safe and fun one.
CHANGES & STATUS
We reserve the right to make ANY changes to to the system in ANY way without prior notice. This includes but is not limited to our rates, services offered, access numbers & online availability.
OUR RIGHTS
We reserve the right to delete ANY ACCOUNT regardless of Member status. This is to give us power over trouble-makers who are affecting the online sessions of other users. (Fair enuff?)
A SURE way to get deleted or suspended is to ABUSE, BASH or in any other way HARASS other users, thereby affecting their online enjoyment. And you'd also get NO REFUND of unused time.
|
|
|
|