SERVICE AGREEMENT AND ACCEPTABLE USE – SCATTER CREEK INFONET
By using the services of Scatter Creek InfoNet, customers agree to the terms of this Acceptable Use Policy. Customers further agree to indemnify Scatter Creek InfoNet for any damages and costs suffered by Scatter Creek InfoNet as a result of the customers’ violation of this policy or any law or regulation not covered by the policy.
This policy is intended to minimize potential harm to Scatter Creek InfoNet users as well as preserve valuable, limited Internet resources and maximize the enjoyment of the Internet for everyone. We want you to enjoy your Internet account, but Scatter Creek InfoNet would like all of its customers to fully understand the risks and obligations associated with the ability to access so much information and reach so many people.
If you violate this policy, Scatter Creek InfoNet reserves the right to take whatever actions are necessary to enforce compliance, including, at our option, the termination of your account.
II. Customer Responsibilities
It is the customer’sresponsibility to determine if one of our Scatter Creek InfoNet dial-up modem numbers is a local call from where you are dialing. Any and all long-distance charges that may be accrued will be the responsibility of the customer to pay. Scatter Creek InfoNet will not, under any circumstances, reimburse for long distance charges accrued while connecting to our Internet service. If you are in doubt as to whether one of our numbers is a local call from your location, you should call your telephone company.
You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the Scatter Creek InfoNet Internet Service. Further, you warrant that such equipment is technically and operationally compatible with the Scatter Creek InfoNet Internet Service and in compliance with applicable Federal Communications Commission rules and regulations.
Scatter Creek InfoNet cannot monitor or verify the accuracy of the information available on the Internet. Customers must exercise their best judgment when deciding whether to rely on information obtained from the Internet. The source should be carefully considered since anyone can post information on the Internet, whether it is true or not. In addition, some material available on the Internet is sexually explicit or may be otherwise offensive to some people.
Since Scatter Creek InfoNet does not and cannot monitor the Internet, all responsibility for any harm resulting from inaccurate or offensive material acquired from the Internet rests with the customer. Customers accept all responsibility for any such possible injury not only for themselves but for all others, including children who use the account to access the Internet.
You represent that you are at least eighteen (18) years old. You are fully responsible for how your account is used. If you allow others to use your account, you are fully responsible for what they do. You will notify Scatter Creek InfoNet of any changes in account contact information, such as your address or telephone number. Password security is very important. For your own security, you should not give your password to anyone.
III. Service and Performance -– Disclaimers and Limitations
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED.IN ADDITION, SCATTER CREEK INFONET MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES COVERED BY THIS CONTRACT. Scatter Creek InfoNet assumes no responsibility for the selection or furnishing of services suitable to the individual needs and purposes of any particular customer. Scatter Creek InfoNet is not responsible for the content and information found on the Internet.
The customer agrees to indemnify and hold Scatter Creek InfoNet harmless from any claims, including attorney’s fees, and direct or indirect damages or losses of any kind which may be incurred by the customer or others. In no event will Scatter Creek InfoNet be liable for indirect, special, incidental, cover, punitive, exemplary or consequential damages arising out of the use or inability to use the services, even if advised of the possibility of such damages. Scatter Creek InfoNet is not responsible for any costs arising out of the use of services including, but not limited to, costs incurred as a result of lost profits or revenue, loss of clients, loss of use of computer programs, loss of data, the costs of recovering programs or data, claims by third parties or similar costs. In no event shall Scatter Creek InfoNet’s liability exceed the amount paid by you for the services provided by Scatter Creek InfoNet.
Scatter Creek InfoNet shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to Scatter Creek InfoNet’s Internet services. Scatter Creek InfoNet shall not be liable for performance deficiencies caused or created by your equipment or other causes outside the control of Scatter Creek InfoNet.
If your use or modification of the software, hardware or equipment supplied by Scatter Creek InfoNet requires a visit to your home or business for repair or correction, Scatter Creek InfoNet reserves the right to charge you for the visit and labor required to correct the situation. Scatter Creek InfoNet does not undertake to correct or repair software, hardware or equipment that it does not supply.
IV. Prohibited Uses
The following activities are violations of the Scatter Creek InfoNet Acceptable Use Policy. Some are also illegal and may carry federal or state criminal penalties and possible civil penalties:
Giving your Scatter Creek InfoNet Password to Others
Revealing your Scatter Creek InfoNet password to others outside your household for purposes of allowing them to use the Internet without paying for it is theft of service. This also compromises your own privacy by enabling others to access your e-mail since the same password is generally used both for logging in and for checking mail.
Simultaneous, Multiple Logins on the same Account
You are permitted to log in to your Scatter Creek InfoNet account from only one computer at a time. You may install the Internet software on more than one computer, but if you need to be connected to the Internet with more than one computer at the same time you will need more than one account.
Sharing or Reselling Broadband Service
Sharing or reselling a dial up or broadband connection, such as DSL, is theft of service. Your account is intended for the use of one family or one business within a single premise. Sharing of service with other families or other businesses, whether or not you charge them for their use of the service, is not permitted.
Cracking (most common improperly referred to as hacking)
Unauthorized or illegal accessing of computers or networks, whether or not damage is caused. A large group of activities falls into this category which is commonly known as “Hacking”.
Distribution of Viruses
Deliberate distribution of Computer Viruses or other destructive software technologies such as Worms, Trojan Horses or E-Mail bombs
Unsolicited, mass e-mailing, e-mailing chain letters, or bulk posting to Usenet newsgroups, or use for commercial purposes. Large quantities of unwanted e-mail and Usenet News postings are wasteful of Internet resources and an invasion of the privacy of other users. In addition they can potentially disrupt e-mail and other services provided by Scatter Creek InfoNet or other ISP’s by creating loads in excess of those for which their systems are designed.
Copyright and Other Intellectual Property Rights Violations
Unauthorized copying and distribution of intellectual property or copyrighted materials regardless of the media, including but not limited to: text and images whether downloaded from the Internet or scanned from a magazine or other publication; music and other sound files whether downloaded or recorded from a record, tape, CD or other source; video of any type; or software whether downloaded or otherwise copied. This includes displaying of graphics or text on your own web page without the express permission of the party who created them. This also includes downloading of material protected by trademarks or which are trade secrets.
Harassment of others by e-mail or any other method using the Internet.
Distribution of Export Controlled Software
Certain encryption software is restricted for export by the government. You are not permitted to distribute this software to others who live outside the United States
Defamation or false statements about others.
Distribution or downloading of obscene or pornographic speech, images or other materials
Customer is required to utilize Internet access on an “active use” basis. “Active use” requires that a customer must be operating the computer while the computer is connected to the Internet. Inactive use is leaving the computer connected to the Internet without customer operation of the computer or programming the computer to appear as though it is using the Internet at intervals without actual customer use of the Internet. A customer will be disconnected as a result of inactive use.
V. Other Matters
Free-of-charge telephone technical support is provided on a first come, first served basis, and covers initial connection difficulties and basic Internet-related troubles. Technical support is not intended to assist with questions not directly related to the Internet services Scatter Creek InfoNet provides. Technical questions other than those regarding initial connection should be made via e-mail firstname.lastname@example.org. Also, please refer to the “Technical Assistance” section of our web site.
Scatter Creek InfoNet will endeavor to keep all of your e-mail private, viewable only by you and the person to whom you address it. The person to whom you send e-mail is not legally required to keep it private. E-mail is sent plain text over a network and Scatter Creek InfoNet can not guarantee that others will not view it. We do not monitor e-mail unless we have reason to believe it is being misused. Scatter Creek InfoNet reserves the right to audit connections to our service for security reasons or to enforce our Acceptable Use Policy.
Use of any information obtained via this service is at your own risk. Users unconditionally agree to adhere to established Usenet policies and shall not post to any group until they have familiarized themselves with the group’s subject, guidelines and restrictions.
Included with most accounts is space on our server for a web site. The limits for a web site can be found by going to the Scatter Creek InfoNet website
Network Address Assignments
Network Address Assignments issued by Scatter Creek InfoNet (i.e., Class C address space, Static IP) are the property of Scatter Creek InfoNet’s upstream network provider(s) and are considered to be “loaned” to it’s customers. In the event service with Scatter Creek InfoNet is discontinued for any reason, such address space will revert to Scatter Creek InfoNet. Network addresses may be changed by Scatter Creek InfoNet, at it’s sole discretion, when business needs dictate.
Requests for service cancellation may be received in writing, by fax or e-mail, or by telephone. Cancellation does not relieve you of your obligations and charges up to the effective date of cancellation. If you default, you agree to pay Scatter Creek InfoNet’s reasonable expenses, including attorney and collection fees, incurred in enforcing its rights under this Acceptable Use Policy.
Account fees, including any setup fees, are to be paid in advance of service provision. Prices, fees and services are subject to change without notice. Bills are expected to be sent in advance on approximately the first day of the month. To ensure continued account operation, payment is to be received by our office no later than the fifteenth day of each month. Changes to your service type or billing method may result in a change charge. If no payment is received by the fifteenth of the month, a reminder may be placed on your account. If we do not receive payment by the fifth day of the following month, your account may be suspended. If no payment is received within fifteen days after suspension of your account, the account will be terminated and any data associated with it will be deleted. If your account is suspended due to non-payment, a reconnect charge may apply. Suspension or termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was canceled including any collection fees incurred by Scatter Creek InfoNet. Reconnection will not be allowed until any past due amounts, if any, have been paid, and a reconnection charge may apply. Customers with a history of late payments or returned checks may be denied service. Account inquiries or billing questions should be directed to: e-mail:email@example.com; Postal: Scatter Creek InfoNet, PO Box 1277, Tenino, WA 98589.
The monthly rate and/or the per hour of use rate may be changed by Scatter Creek InfoNet upon ten (10) days prior notice posted on our website.
In the event Scatter Creek InfoNet shall be caused to pay for legal services or advice to enforce any of its rights under this agreement against a customer, it shall be entitled to receive from the customer a reasonable amount of attorneys fees, together with any costs incident to that effort, regardless of whether any legal proceedings were initiated concerning the terms of this agreement.
Termination of Services
Scatter Creek InfoNet may terminate this agreement at any time upon customer’s violation of this agreement or any of its warranties and representations, or, in any case, upon ten (10) days prior notice to customer.
The software provided in any form by Scatter Creek InfoNet may be used only in conjunction with services offered under this agreement and, if not purchased, upon termination of this agreement, customer shall stop use and uninstall the software. Customer warrants and represents that it shall not copy, distribute, sublease or license the use or allow another to copy, distribute, sublease or license the use of the software described in this paragraph.
Notice Concerning Content
The Internet is a myriad of small and large information depositories with electronic pathways joining each to each other. Scatter Creek InfoNet provides you with access to the pathways. Scatter Creek InfoNet is not responsible for the information or content that is available on the Internet. Some of the information may be deemed offensive and some is not suitable for viewing by children. While Scatter Creek InfoNet does not condone or support this information it is not within our means to stop or limit access to this information. If you have children using this service it is your responsibility to supervise their access.