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 Users 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 Users 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 ones 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 Users use of
Rvcisp or by Users 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 Users personal files residing on Rvcisps 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 Users 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 Users
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 Rvcisps reasonable attorneys fees and court costs, where
permitted, in collecting the amount due in the Users 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,
Users and Rcisps 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. |