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1.0 Provision of Service
1.1 |
Cottage Software Inc., and the Internet Connection, together known as The Company, agree to provide
to The User, the Internet access services outlined in the current
published price list, as amended, in exchange for the appropriate
fee. |
2.0 Acceptable Use
2.1 |
Access to the Internet is provided for the expressed
purposes of education, research, and communication with other users
of the Internet. |
2.2 |
Use of equipment or services supplied by other
organizations, and available via the Internet, must be accomplished
in compliance with the rules of that supplying organization. |
2.3 |
The transmission of any material, or any other
activity that is in violation of any regulation, or law of the
countries, or states involved is prohibited. This includes, but is
not limited to: copyrighted material, threatening or obscene
material, or material protected by trade secret. |
3.0 Privileges
3.1 |
The use of the Internet is a privilege, not a right,
and inappropriate use, or use contrary to the guidelines contained
herein, could result in the restriction, suspension, or cancellation
of those privileges. |
4.0 Operating Rules and Netiquette
4.1 |
Users of the system are expected to abide by the
generally accepted guidelines of network etiquette, (netiquette).
These guidelines include: |
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4.1.1 |
Be Polite. Do not become abusive in your messages to
others. |
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4.1.2 |
Use language that is appropriate for general
audiences. |
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4.1.3 |
Do not use the network in such a manner that you would
disrupt the use of the network by other users. |
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4.1.4 |
All communications and information accessible via the
network should be assumed to be private property, and must be used
in consideration of the desires of the author. |
4.2 |
The following may be considered abuse of the service: |
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4.2.1 |
Using the system in a manner that disrupts the use of
the system by another user. |
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4.2.2 |
Modification, alteration, decompiling or reverse
engineering, the software or set up utilities contained on the
systems and servers operated by The Company is prohibited. |
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4.2.3 |
Dial up accounts are for the reasonable use of the
individual account holder, or other registered family members living
in the same household, and using the same computer. Multiple logins
are not permitted, and will result in additional billings.
Reasonable use is defined as a person in attendance at the computer,
interacting with the data being acquired through the network. This
does not permit leaving your system idle for long periods of time,
using your system as a file server for others to access over the
network, or using your system as a mail server waiting for Email to
arrive. |
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4.2.4 |
Running any unattended or automated processes,
commonly called bots. |
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4.2.5 |
Posting, or sending, unwanted, or large amounts of
Email or news group articles, a practice called SPAMing, is not
permitted. Causing large amounts of abusive Email to be sent to
others, a practice called FLAMEing is also prohibited. Violators of
this provision will be billed for the time and expenses expended by
the Company, and its employees in response to the occurrence. |
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4.2.6 |
Resale of services provided by The Company is
expressly prohibited. |
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4.2.7 |
Permitting others to connect to your computer, and
then access the Internet is prohibited. |
5.0 Personal Web Pages, and FTP
space
5.1 |
Personal Web Pages, and FTP space may be used for the distribution of information, programs
or data within the limitations of copyright, trademark, trade
secret, obscenity, and other applicable laws and regulations.
Personal Web and FTP Sites are allowed 100mb of transfer per
month. Additional transfer will incur additional charges. |
6.0 Warranty
6.1 |
The Company will make every effort to provide the best
service possible, however we make no warranties of any kind, whether
expressed or implied, for the services provided. We are not
responsible for any damages you may suffer, including, but not
limited to, loss of data, delays, non-deliveries, mis-deliveries, or
service interruptions whether caused by our negligence, the
negligence of others, acts of nature, acts of God, or your errors or
omissions. |
7.0 Security
7.1 |
Electronic mail (Email) privacy is assured within our
system, but cannot be guaranteed throughout the Internet. The
individual system operators of the Internet have access to the Email
that passes through their systems. |
7.2 |
If absolute security is desired, there are
various encryption mechanisms available for use on the Internet that
will provide a very high degree of security. |
7.3 |
Security on any computer system is a high priority,
especially when the system involves many users. If you should
encounter a security problem anywhere on the Internet, it is your
responsibility to notify the system administrator, or Email admin@cottagesoft.com.
Do not demonstrate or announce the problem to other users. Do not
investigate the security problem once it has been discovered as you
could be held accountable for any damage you might cause. |
7.4 |
You are responsible for the security of your password.
Do not give your password to others. Do not permit others to logon
to the system with your user name and password. If you suspect that
your password has been compromised, change it immediately! |
7.5 |
You are responsible for all activity originating from
your account. If it is discovered that more than one individual is
accessing or using an account, the account owner is responsible for
the fees for the additional user. |
8.0 Vandalism
8.1 |
Vandalism is any malicious attempt to harm or destroy
the data of another user, or undermine access of another to the
network. Vandalism will not be tolerated, and you may be held
accountable for any damage. |
9.0 Updating User Information
9.1 |
We may occasionally require new information, or
confirmation of your account information from you in order to
continue serving you. |
9.2 |
You are required to immediately notify us of any
changes in your personal information on file at our office. This
includes information such as your address, telephone number, billing
information, etc. |
10.0 Indemnification
10.1 |
Use of the information obtained through services
provided by The Company is at your own risk. We deny any
responsibility for the accuracy or quality of information obtained. |
10.2 |
The user must verify to his or her own satisfaction, the validity of the data obtained
through the network. |
10.3 |
The user agrees indemnify and hold The Company
harmless with regard to any data obtained through the network. |
11.0 Payment of fees
11.1 |
The billing cycle is based on periods beginning
on the day of the month when the account is established. Payment for the initial
term is also a sign-up fee, or may include a sign-up fee, and is therefore not refundable.. |
11.2 |
Accounts may be settled by check, cash, or the use of
an acceptable credit card. |
11.3 |
We reserve the right to withhold activation of new
accounts until the initial payment is received. |
11.4 |
Past due accounts, or accounts that have not been paid
by the due date, will be deactivated until such payment is received. |
11.5 |
Accounts not paid in full by the beginning of the next
billing cycle will have their data deleted from the servers, and
will be subject to a re-activation charge. |
11.6 |
All accounts must be paid in full before the
transaction is considered complete. |
11.7 |
A service fee will be added to all outstanding
balances that are not paid by the date due. |
11.8 |
There will be a $25.00 service fee for any checks
returned for any reason by your banking institution. |
11.9 |
There will be a $25.00 service fee assessed to customer's
credit card account if customer initates a credit card charge back without
first contacting the company to resolve the problem. |
11.10 |
The term of the account contract, whether monthly,
quarterly, semi-annual, or annual, is considered a contract for the
entire term of service. Cancellation of an account before the end of
the full term will result in a substantial penalty. |
12.0 Account Cancellation
12.1 |
Cancellation requests must be received in writing,
through the mail, Email, or FAX at our office. Such requests must be
received before the close of business on the last business day
before the start of the next billing period. This is to permit
closing the account, and will prevent the User from being
responsible for payment for another billing cycle. A Cancellation
Confirmation Code will be issued to confirm account cancellation.
This Code must be retained by the user as proof of account
termination. |
12.2 |
Once an account billing date is reached, it is considered that
the services will be provided for the term of the billing cycle. |
12.3 |
Accounts showing a balance due may not be canceled
until the outstanding balance is paid in full, including applicable
interest and late payment or reactivation fees. Such accounts will
continue to accrue additional charges. |
13.0 Acceptance of Terms and
Conditions
13.1 |
All terms and conditions stated in the document apply
to the respective parties. User's use of the services provided by
The Company indicates acceptance by User of these terms. This
document represents the entire agreement of the parties, and
supersedes all prior oral or written agreements and understandings
of the parties. These terms and conditions shall be governed and
interpreted in accordance with the laws of the State of Oklahoma,
and the United States of America. Any regress under these terms and
conditions will be done through the legal system provided by the
State of Oklahoma. |
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