ACCEPTABLE USE POLICIES OF COMP3 INTERNET SERVICES
This agreement was written up to protect the Customer and Comp3
Internet Services, from any possible misunderstandings. Note that Comp3 Internet
Services does value it's customers and will go to great lengths to accommodate them. This
Acceptable Use Policy (AUP) is part of that process in which Comp3 Internet Services
believes we are educating our customers as to what is appropriate on the Internet and what
is not.
This agreement represents the complete agreement and understanding
between Comp3 Internet Services, (hereinafter called Comp3) and the account holder,
(hereinafter called Customer) and supersedes any other written or oral agreement. Upon
notice published on-line via www.Comp3.net, Comp3 may modify these terms and
conditions, amplify them, and/or modify the prices, as well as discontinue or change the
services offered.
Use of any Comp3 Services constitutes acceptance of these Terms and
Conditions. If you do not agree to these terms and conditions, please notify us at Comp3
so we may initiate a closure of your account.
PROVISION OF SERVICES
Comp3 will provide services on its network and systems to Customers in
exchange for payment of
fees and compliance with the terms and conditions of this Acceptable Use Policy.
Comp3 Services are defined as the use by the Customer of computing,
telecommunications, and information services provided by Comp3. These services also
include the provision of access to computing, telecommunications, software, and
information services provided by others via the Internet.
Comp3 Services include access to the complete USENET discussion groups
(newsgroups).
Some of the discussions contain language or pictures about subjects intended for Adult
audiences. Account holders less than 18 years old must have a parent or legal guardian
agree to these conditions to indicate acceptance and acknowledgement of this policy.
Comp3 will not be held responsible for any actions by minors using a
legitimate account.
Comp3 will not be held responsible for the content of material or
information obtained by a minor while using Comp3 services, whether accessing through a
legitimate adult account, or an account set up for the expressed use of a minor.Comp3
charges responsibility of proper authorization to use its accounts to the account holder.
Unsupervised use of any account is the responsibility of the account holder.
Comp3 may at it's discretion change fees without notice.
USE OF MATERIAL
Public Domain materials, including but not limited to images, text, and
programs, may be
downloaded or uploaded using Comp3 services. Account holders may also re-distribute
materials in the public domain. The account holder assumes all risks regarding the
determination of whether the material is in the public domain.
As provided by United States federal law and by International treaties,
copyrighted materials (e.g., images, text, Sound Clips and programs) may not be uploaded
using Comp3 services without the permission of the copyright holder. Copyrighted materials
may be downloaded for personal use.
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.
Note that some materials available on the global Internet are defined
as shareware. These materials may be downloaded and used, but they are copyrighted
materials. The copyright holder usually gives permission to use the materials 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.
Comp3 makes no warranty of any kind, either expressed or implied, with
respect to shareware or freeware available to subscribers.
Comp3 accepts no liability of any kind with respect to such software or
any damages resulting from use thereof.
The Customer is solely responsible for paying all shareware license
fees. No Customer will assert any claim against Comp3 with respect to any shareware
obtained through Comp3.
Comp3 exercises no control over the content of the information passing
through Comp3's network and systems.
The Customer must take responsibility for Customer's actions on Comp3's
network and systems and the systems Customer accesses through Comp3.
Customer must comply with whatever rules or Acceptable Usage Policies
that are appropriate for the systems Customer accesses.
If the Customer is offended by information the Customer finds on any
system, it is the Customer's responsibility to avoid whatever the Customer finds
offensive.
The Customer must take responsibility for the statements the Customer
makes in e-mail, chat or discussion forums, and news groups.
If the Customer acts irresponsibly or the Customer's actions endanger
Comp3's network or systems, Comp3 may suspend Customer's access at any time, without
notice.
If you are unsure of the legality of your activities, please consult
with an attorney. Comp3 does not consider ignorance of the law excusable.
USE OF SERVICES
The Customer agrees not to share the password of the account. The
Customer acknowledges that Comp3 will terminate the account without notice if the Customer
does not comply.
The Customer shall not establish more than one Internet session, using
the same account, at a time. The Customer acknowledges that Comp3 may terminate the
account without notice if the account is used to established more than one, simultaneous
session at any time.
The Customer acknowledges that Comp3 is providing access on an 150 hour
per month
interactive basis. This means that the Customer must actively be using his or her account.
Idle accounts will be logged off after 30 minutes during peak hours.
The Customer agree not to run any Internet services through a dial-up
connection without prior approval of Comp3. This includes, but is not limited to, running
a web, mail or ftp server from a standard Analog or Dial-Up connection. Ping, keep alives
and similar programs are also not allowed as indicated above.
Comp3 may terminate any account, without cause or notification to the
Customer, at any time.
Comp3 may terminate sessions at any time, with or without notification
to the Customer, at Comp3's sole discretion.
The Customer agrees to maintain a secure password to the account.
Secure passwords are those that are between 6 and 8 characters long, 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.
The Customer agrees not to use any process, program, or tool via
Comp3's services for guessing the passwords of Customers on Comp3's or other systems. The
account holder agrees not to use Comp3's services to make unauthorized attempts to access
the networks and systems of others.
The Customer agrees to use the services provided by Comp3 as permitted
by applicable local, state, and federal laws. The Customer 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.
The Customer acknowledges that Comp3 is a commercial entity and that
Comp3 is a member of the Commercial Internet eXchange (CIX). Comp3 and connecting CIX
networks may be used by Customers to conduct legal businesses. These businesses should,
however, not impinge upon the use of Comp3 services by other Customers. Comp3 services
SHALL 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.
Comp3 will not be responsible for interruptions or discontinuance's of
services caused by Comp3 or due to factors beyond Comp3's control. Interruptions caused by
Comp3 include periodical system hardware and software upgrades, system reconfiguration,
administrative conflicts or human error.
Interruptions beyond Comp3's control include, but are not limited to:
equipment failure, delays, system administration conflicts, negligence, strikes, human
error, or acts of nature or God.
DEFINITION OF ACCOUNT
Account is defined as 150 hours of use per month interactive use by one
user. Usage over 150 hours
in a calendar month will incur additional charges. Usage per month of less that 150 hours
will not
carry over the unused access time to the next calendar month. Usage time does not accrue.
Account billing will be by each calendar month.
Comp3 does not allow multiple use of any account whether concurrent or
not. This includes the
use of any other non-interactive service or program to keep the Customer's account logged
into
Comp3's network or systems. This includes running an Internet service including, but not
limited
to, mail, web or FTP.
Comp3 reserves the right to terminate any account that abuses Comp3's
access and billing
policies.
The Customer's account with Comp3 comes with a maximum of 300 megabytes
of combined
outbound or incoming data Excessive transfer or high data throughput accounts may incur a
surplus
data courier charge.. This will be the Customer's total amount of data throughput divided
by 300
megabytes multiplied by the Customer's current monthly charge.
Resale of Comp3's network, systems and services is strictly forbidden
under all circumstances
without a prior written agreement between Comp3 and the Customer .
ABUSE OF SERVICES
Any use of Comp3 system resources that disrupts the normal use of the
system for other Comp3 Customers is considered to be abuse of system resources and is
grounds for administrative
intervention. Depending on the nature and the severity of the abuse, the Customer may
receive an
E-mail warning or have his or her account suspended by Comp3 Technical Support. If the
misuse
is unintentional, the suspension may be rescinded following discussion with Comp3
Technical
Support.
If the misuse is intentional, the suspension may be rescinded at the
discretion of the Operations
Manager, and may require the payment of a service reconnection charge.
Occasionally, unintentional misuse is misclassified as intentional
misuse. Customers who believe their
activity has been misclassified may appeal to the Operations Manager.
We do not support, nor allow unsolicited mass mailings, e-mail bombing,
or unnecessary or
disruptive use of any mass mailing program. "Spam Mail" from a Comp3 account is
not allowed, nor will it be tolerated.
Use of an account in a manner in which it was not intended is also
considered abuse. This includes,
but is not limited to, usage of a personal account or personal pages for commercial
activities,
such as advertising, etc.
Violations of any of the Comp3 conditions of use are unethical and may
be criminal offenses. You
are expected to report to Comp3 any information you may have concerning instances in which
the
conditions of use have been or are being violated. When Comp3 becomes aware of possible
violations, we will initiate an investigation. At the same time, in order to prevent
further possible
unauthorized activity, Comp3 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 the discretion of the
Operations
Manager, following payment of a reconnection charge.
INDEMNIFICATION
The Customer acknowledges that Comp3 makes an honest effort to keep the
information
available on Comp3's systems accurate. However, Comp3 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 Comp3 is at the risk of
the
Customer.
The Customer also acknowledges that the information available through
the interconnecting networks
may not be accurate. Comp3 has no ability or authority over the material. Comp3 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 Comp3 services is at the risk of the Customer.
The Customer agrees to indemnify and hold Comp3, its owners and
employees, harmless from
and against any and all losses, claims, demands, damages, liabilities, costs expenses,
including but
not limited to attorney's fees and costs of suit arising out of Customer's use of Services
provided by
Comp3.
PAYMENT OF FEES AND PENALTIES
The Comp3 accounting cycle begins on the 1st of each month. Charges for
new accounts are
prorated. Charges for terminating accounts are not prorated. Service payments will be
submitted
in advance of receiving services.
Delinquent accounts are those that remain unpaid at the beginning of
the next accounting cycle.
Delinquent accounts shall be terminated at the beginning of the next accounting cycle.
Comp3
reserves the right to pursue all legal remedies available to secure payment of the
delinquent amount
from the Subscriber.
If paying by Credit Card, Customer's account will be considered
delinquent should credit card
processing be rejected.
If being invoiced, Customer's account will be considered delinquent if
Customer fails to pay by the
due date of the invoice or if Customer's check is returned to Comp3 as uncollectable for
any
reason
Returned checks will be subject to a returned check charge of $20, or
up to 3 times the amount,
whichever is deemed reasonable by Comp3.
Delinquency of account does not stop automatic billing. Only a
termination by Comp3 for any
reason, or a notice of cancellation by Customer will end billing.
The Customer acknowledges responsibility for the account until payment
in full is made.
There is a service reconnection charge equal to one half the currently
charged set-up fee to remove
accounts from accounting hold status.
When billing via Credit Card, the first billing takes place immediately
upon activation of an account.
Credit Card billing will be thereafter done automatically on the 1st of each following
month. This
charge will include any flat rate service charges for the following month and any
additional usage
charges incurred in the previous month.
When billing via invoice, the first billing takes place immediately
upon activation of an account.
Invoices will thereafter be mailed on the 20th of each month and will be due on the 5th
day of the
following month.
ACCOUNT CANCELLATIONS
Cancellation requests for Comp3 accounts must be received in writing
via e-mail, fax, or postal
service at Comp3's main office. Such requests must be received by 5 PM Eastern time on the
25th
of the month in order to be processed by the beginning of the next accounting cycle.
All Comp3 accounts must be paid in full before the transaction will be
considered complete.
© 1997 Comp3 Internet Services
Last modified: September 06, 1999
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