 This Agreement is between CommSpeed LLC (CommSpeed) and a Customer (as defined by the CommSpeed Service Application Form) for Internet services. Customers agree to abide by the following: Acceptable Use Policy Please read this
Agreement carefully. Failure to adhere to these terms may result in cancellation of your account. Similar restrictions are used by all Internet Service Providers. CommSpeed
understands that using the Internet "properly" (as
defined by the Internet community generally) may seem unclear
or confusing. It is certainly not our goal to punish someone for not fully understanding how the Internet works. Instead, our goal is to help you use the Internet most effectively, and to be able to take action against the few individuals who purposefully and repeatedly abuse the system. If you are new to the Internet and do not fully understand these points, please call
CommSpeed at
(928) 772-1111. Following are the terms and conditions for use of Internet services provided by
CommSpeed. By using your account, you agree to be bound by these terms.
1. The primary account holder is responsible for all usage on the account, and will be held responsible for abuse of the account by others. If you decide to let children under the age of 18 access your account, we strongly recommend that you supervise their usage.
2. All dial-up accounts, with the exception of
Basic Hourly accounts, are flat rate with no
hourly charges. Please be aware that flat
rate does not mean "dedicated" or "unlimited".
You MUST NOT leave your computer connected when
you are not actively using the system.
High-speed wireless accounts are an "always on"
dedicated connection and are thus are not
subject to this restriction. 3. All accounts currently include a free World Wide Web
home page (www.commspeed.net/yourname). You may use up to 40 MB of disk space. You may use this free web page for personal or corporate use.
4. You are expected to keep your passwords secret. Your password allows access to your private email messages and billing information. Giving your password to others who are not authorized to use your account is grounds for account dismissal.
5. We do not sell services to people under the age of 18. You must be over 18 to have an account with our service. Users under 18 years of age MUST have their parent or guardian's consent to use their parent's account. Lying about whether you are 18 or not is grounds for account dismissal.
Account
and Billing Information
6. The Service Begin Date is the day on which
CommSpeed activates your account.
All fees, as outlined in
CommSpeed's Service Application Form, are refundable if the customer cancels within 30 calendar days of the Service Begin Date.
CommSpeed reserves the right to change its fees at any time.
7. Payment is due by the date specified on the
invoice we send you. This invoice will be
sent by electronic mail, postal mail or fax, at
our discretion. Payment is usually due on the
fifteenth day of the month, but may vary. Payments
made after the due date will be subject to a $5 late fee
per month. If
payment is not received within seven (7) days of
the due date your account may be suspended
until payment arrives. THERE WILL BE NO
EXCEPTIONS TO THIS POLICY! After 30 days,
unpaid accounts will be completely deleted from
our system.
Deleted accounts will incur a $20 reactivation fee
to reopen them. Seriously past due
accounts are turned over to a collection agency.
8. Charges will be billed according to the price
list currently in effect at the time. You
may cancel your account with 30 days
notice. Accounts are billed monthly, quarterly, or annually. For quarterly and
annual term billing commitments, you are
responsible for the entire length of the term;
refunds are not available for unused months.
9. There will be a $15 service charge for all
returned checks plus any applicable court costs
or legal fees required to collect.
User Conduct on the Service
10.
CommSpeed will allocate system resources to provide the best possible service to all customers.
While using the Service, you:
A. may not restrict or inhibit any other user
from using and enjoying the Internet.
B. may not use to the
CommSpeed service to operate server programs, including, but not limited to
to, web hosting, multi-user interactive forums,
game servers, or operating an internal
mail/http/ftp/irc/dhcp server to serve external
connections or to support multi-user interactive
forums.
C. may not to use the
CommSpeed dialup service on a standby or
inactive basis in order to maintain a
connection, nor use a single account for
multiple simultaneous dialup connections.
Automated electronic or mechanical processes
employed to maintain a constant connection to
dialup service - such as use of an auto-dialer,
persistent checking of e-mail or "pinging" the
host are expressly prohibited. Multiple
simultaneous connections using dialup accounts
are not permitted. If you share your
password with a family member or other person
(which we discourage), you are responsible for
everything and anything they do with your
account.
D.
may not resell, share, or otherwise distribute
the Services or any portion thereof to any third
party without the prior written consent of
CommSpeed. For example, you cannot provide Internet
access to others through a dialup or high-speed connection,
host shell accounts over the Internet, provide
email or news service, send a news feed or
redistribute
CommSpeed
Internet
service via wireless network.
E. may not post or transmit any unlawful,
threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise
objectionable information of any kind,
including without limitation any transmissions
constituting or encouraging conduct that would
constitute a criminal offense, give rise to
civil liability, or otherwise violate any
local, state, national or international law,
including without limitation the U.S. export
control laws and regulations;
F. may not post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
G. may not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
H. may not use the Service to invade the privacy of third parties, impersonation of
CommSpeed personnel, transmitting via e-mail, USENET, chat service or the Customer's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Customer also agrees not to use the Service to solicit other customers to patronize competing services, not to violate or tamper with the security of the
CommSpeed Service or attempt to utilize another customer's account name or persona without authorization from that customer.
I. may not use the
CommSpeed service, CommSpeed's equipment or any
CommSpeed electronic mail address or CommSpeed hosted service in connection with the sending
of unsolicited email messages (spam) or Usenet Newsgroup postings, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the
CommSpeed Service, CommSpeed's equipment or any
CommSpeed electronic mail address or CommSpeed
hosted service. Any implication thereof by any mass
emailing or posting of this type will be
grounds for dismissal, regardless of the
provable origin of the offending messages.
A message is unsolicited if it is posted in
violation of a USENET or newsgroup charter
and/or if it is sent to a recipient who has
not requested or invited the message.
J. shall not maintain more than 20 MB of electronic mail storage for Customer and that Customer is responsible for ensuring that the level of electronic mail storage remains below this
5 MB limit. Customer expressly agrees that
CommSpeed shall not be liable to
Customer or parties interacting with Customer for any damages resulting from action
CommSpeed takes to enforce this provision.
11.
CommSpeed has no obligation to monitor the Service.
CommSpeed will not intentionally monitor
nor disclose any private electronic-mail message unless required by law. However, you agree that
CommSpeed has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. 12.
Customer agrees that any personal web page or site
Customer publishes in connection with the
CommSpeed Service is intended for personal use. While other uses (e.g. commercial) are not prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all
Customers can use and enjoy the Service, Customer agrees that
CommSpeed is entitled to suspend or terminate access to any
Customer's personal web page or site if
CommSpeed determines that the page or site has received download traffic sufficient to cause access to the server to be impaired in
CommSpeed's judgment. Customer expressly agrees that
CommSpeed shall not be liable to Customer or parties interacting with
Customer for any damages resulting from action
CommSpeed takes to enforce this provision.
CommSpeed's Rights
13.
CommSpeed reserves the right to terminate or refuse service to anyone for any reason, and at any time. ANY violation of
any of these terms and conditions may result in immediate account termination or suspension without prior warning. 14. You are responsible for all actions you take or cause to be taken in connection with your use of the service. As a condition of service, you agree to indemnify and hold harmless
CommSpeed, it's officers, employees, agents, and shareholders, for any cause of action out of use of your account or with your use of the service. 15. You, as the account holder, are responsible for all use of your account. If you share your password with a family
member or other person (which we discourage) you are responsible for everything and anything they do with your account. If they break the law with your account, you are responsible. If they violate these terms and conditions, you are responsible. If you decide to let a family
member use your account, please be sure you feel you can trust them to act responsibly.
16. While we do backup our system files, we DO NOT backup personal or business files uploaded to our server by our customers. This means that if you upload web pages or any other personal or business files to our system, you must keep a local backup of them on your machine. Please backup your files, because we do not!
No Warranties
17.
CommSpeed does not warrant any connection to, transmission over, or the results of the use of any network connection.
CommSpeed assumes no responsibility for any damage, loss, or expense suffered by the Customer, including but not limited to loss of data, delays, non-deliveries, mis-deliveries, or service interruption caused by
CommSpeed or Customer error, omission, or negligence. Use of this service and any information obtained using this service is at the Customer's risk.
CommSpeed does not accept any responsibility of the accuracy of, quality of, or actions taken in response to the information obtained through its services.
18.
Service is provided as-is. Use at your own
risk. There are no warranties of any kind,
express or implied, including but not limited to
warranties of merchantability or fitness for any
particular purpose. CommSpeed is not
responsible for hardware or software damage,
loss of wages, or any other financial or
personal loss resulting from the use of, or
inability to use this service.
19. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Any disputes with
CommSpeed will be governed by the laws and courts of the State of Arizona.
____________________
CommSpeed reserves the right to amend or change these
terms and conditions at any time without prior notice. |
