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Policies Regarding Acceptable Use

Rvcisp's acceptable use policies ("Policies") set forth below define acceptable practices while using any of Rvcisp's services that provide access to the Rvcisp network (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively "Users"), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to indemnify, defend, and hold Rvcisp, its subsidiaries, affiliates, officers, directors, employees, agents, licensers, consultants, suppliers, and any third party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Rvcisp's defense of any claim. Rvcisp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Rvcisp. You agree immediately to notify Rvcisp of any unauthorized use of your account or any other breach of security known to you.

General
These Policies are designed to assist in protecting the Service, our Users, and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Rights of Rvcisp
If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User's access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the Rvcisp network is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies. We reserve the right to refuse service to anyone for any reason.

Billing and Charges
Monthly Dues must be paid on a timely basis to maintain User’s membership privileges.
When paying by check, User expressly authorizes Rvcisp to collect from User a penalty fee of up to $25.00 for a returned check or Credit Card chargeback. Rvcisp reserves the right to suspend access to service for User’s account upon an indication of credit problems including delinquent payments.

USER IS SOLELY RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE USE OF ISPWEST SERVICES. RVCISP WILL NOT REIMBURSE ANY LONG DISTANCE CHARGES YOU MAY INCUR. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS RVCISP SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.

Refunds
There are No Refunds unless RVCISP loses numbers in your calling area.

Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.

Spoofing/Fraud
A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.

E-Mail Relay
Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.

USENET Postings
All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.

Violations
The following violations of “etiquette” are grounds for immediate suspension of service pending investigation by Rvcisp and will result in termination of the account if the investigation determines to have originated or transmitted these types of traffic.

  • (a) Any attempt to post a single article or substantially similar articles to an excessive number of newsgroups (ie, 20 or more) or continued posting of articles which are off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic. This will result in a charge to User in the amount of $250.00.This also applies to the usage of e-mail relays on other networks which provoke complaints from the recipients.
  • (b) Sending unsolicited mass emailings (i.e., to more than 50 users) which provoke complaints from the recipients. This will result in a charge to User in the amount of $250.00.
  • (c) Engaging in either (a) or (b) from a provider other than Rvcisp and using an account on Rvcisp as a mail drop for responses. This will result in a charge to User in the amount of $250.00.
  • (d) Continued harassment of the other individuals on the Internet after being asked to stop by those individuals and by Rvcisp.
  • (e) Impersonating another user or otherwise falsifying one’s user name in E-mail, Usenet postings, or 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.)

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Rvcisp.

Illegal Activity
Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Other Prohibited Activities
The following activities are also prohibited:

    • Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
    • Intentionally transmitting files containing a computer virus or corrupted data.

Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User's access to and use of the Service.

Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our On-line Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

Modifications
We reserve the right to modify these Policies from time-to-time in our sole discretion. We will notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.

Excessive Usage
All access numbers are deemed unlimited, EXCEPT access numbers designated with a *. All access numbers with a * are limited to 150 hours in a consecutive 30 day period. All access numbers are subject to policy on auto redialing and 6.0 hours continuous connection. This service is intended for reasonable use by consumers. Limitations apply to excessive usage such as excessive number of calls during a fixed period, heavy usage during business hours or heavy usage concentrated over consecutive days. Users accessing the Service via a dial-up connection may have the user session terminated if the User is connected for over 6.0 hours continuous. Anyone attempting to remain on line continuously by automatically redialing after being disconnected may be cancelled in order to protect our network resources and maintain Service availability for others.

Restrictions on Use of Account
It is your responsibility to keep your password secure. A User may not share your password or user account with any other party. A User may not resell or lease the Service or any portion thereof. A User may not log-on to more than one user session at a time. A User may not offer any public information service via the Service (including running a Web server or FTP server).

Inactivity Disconnects
A User may keep a user session connected only when the User is actively using the Service. We may disconnect the user session if there appears to be no interactive activity within a 20 consecutive minute time period. Activity that is automatically generated by the User's computer system through automated programs, scripts, re-dialers, or any other software or hardware device will not be considered "interactive." The use of any automated method to avoid inactivity disconnects or to automatically reinstate an inactive connection is prohibited.

Transfer of Account
A User may not transfer your account to anyone without our prior written consent.

Local & Long Distance Charges
User is responsible for all local and long-distance telephone charges for connecting to Rvcisp, including the cost of their own data/phone line.

AS IS
Rvcisp 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 Rvcisp or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Rcisp or its providers.

Neither Rvcisp nor its Providers are responsible for any damages arising from User’s use of Rvcisp or by User’s inability to use Rvcisp service.

Rvcisp reserves the right to change without notice the Rvcisp service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

Rvcisp is not responsible for User’s personal files residing on Rvcisp’s servers. User is responsible for independent backup of his/her data stored on Rvcisp. Rvcisp is not responsible for any e-mails or data from personal websites that are lost.

Rvcisp reserves the right to delete User’s personal files after one or both parties terminates agreement.

Rvcisp reserves the right in its sole discretion to delete any information entered into Rvcisp by User. Rvcisp and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this agreement.

Reselling of your web space is prohibited unless expressly contracted with Rvcisp.

In the event the User defaults on this agreement, Rvcisp may suspend or revoke the User’s membership privileges and the User may have to reapply for membership at the price Rvcisp is charging to new members.

The User agrees to pay Rvcisp’s reasonable attorney’s fees and court costs, where permitted, in collecting the amount due in the User’s agreement including returned check.

Sexual images and illegal material on your web pages are prohibited.

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 Rvcisp.

Rvcisp may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

Rvcisp may offer credits to users who refer additional users who sign up for and keep Rvcisp accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or customer ID number of the user who referred them.

Non-Enforcement of any section of this Agreement does not constitute consent and Rvcisp 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 Rcisp’s agreement on all other paragraphs shall remain valid.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at abuse@rvcisp.com. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.