This document represents policies and guidelines for acceptable use of internet connections and e-mail through Web Force Systems (WFS), it's parent company, sister companies, and subsidiaries. It is applicable only to users of our e-mail services and subscribers to connections. In instances where data communications leave our systems and are sent to other networks on the Internet, users of our networks and connecting networks are advised that the acceptable use polices of other networks are applicable and must be respected.
TITLE: Title, ownership rights, and intellectual property rights are and shall remain with Web Force Systems or its suppliers. Our network content is protected by the copyright laws of the United States and international copyright treaties. Titles, ownership rights, and intellectual property rights in and to the content accessed through Web Force Systems Internet Services is the property of the applicable content owner and may be protected where applicable copyright or other law. This License gives you no rights to such content. You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT: The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you and your systems. Other users may use your connection, but only in conjunction with the rules listed above and only on your systems. Resale of this connection or use of this connection outside of your company/home is prohibited.
PURPOSE: Web Force Systems grants you a nonexclusive, nontransferable limited license to access the Internet through their networks on the following terms:
Requirements of Usage-
1. To respect the privacy of users of Web Force Systems, and all networks accessible via our systems.
2. To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data.
3. To respect the integrity of computing systems, and to not use our systems to compromise same.
4. To respect common usages of Usenet and E-mail services.
5. To adhere to our Acceptable Use Policy.
6. To adhere to our Dynamic and Static IP Policies.
1. Dial Up Accounts may access our networks through any single computer.
2. Dial Up Accounts may access our networks through a second computer, as long as the first and second computers are not used simultaneously.
3. Use our systems for private, personal, or business communications.
4. Use our systems for public communication as suggested by the charters of USENET newsgroups, and the well known guidelines generally accepted by the users and news administrators of same.
5. Use our systems for research or educational purposes.
6. Use our systems for data communications in accordance with applicable laws.
You may not-
1. Permit other individuals to access our networks except under the terms above.
2. Modify, reverse engineer, decompile, disassemble, hack, crash, or otherwise try to affect our networks or services.
3. Remove any proprietary notices or labels on our documentation.
4. Use our systems for illegal purposes.
5. Use our systems to transmit threatening, obscene, or harassing materials.
6. Use our systems to interfere with or disrupt network users, services, or equipment. Disruptions include, but are not limited to , distribution of unsolicited advertisement, inappropriate filing of Usenet Articles, and using the network to make unauthorized entry into any other machines accessible via Web Force Systems' Internet connection. In case of a violation, you are liable for any charges or damages.
7. Use our systems to transmit "Chain letters," "broadcasting" messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet or Web Force Systems' connecting networks, or which would significantly interfere with the connectivity of others.
8. Use our systems for any malicious purpose, including transmitting slanderous, racist, sexist, or other offensive material.
9. Use high bandwidth applications on Dynamic IP Accounts including using Dynamic DNS to circumvent our policies..
VIOLATIONS: Web Force Systems will review alleged violations of the Acceptable Use Policy on a case-by-case basis. Violations of policy may result in termination of membership and network services to member. Usage of these networks constitutes an agreement to abide by these guidelines.
CHARGES: Charges for the services provided by Web Force Systems shall be as stated in the Internet Service Application, or as otherwise agreed in writing by the parties involved, and shall be payable by you commencing no later that one business day after receipt of application by Web Force Systems.
All pre-paid plans are non-refundable. All pre-paid price plans are treated as debit accounts you are set up with a credit for indicated number of months. The fee paid assumes that you do not use hours beyond those supplied by your price plan and do not incur any additional service charges to your account. If you do incur any charges, this amount will be applied to your balance. When your balance reaches $0.00, the package may be terminated, regardless of the length of time to reach that balance or will be invoiced regularly for service provided. All listed charges are exclusive of sales, use and other taxes, which are your responsibility.
Web Force Systems will charge $25 for all returned checks. A service charge of $10.00 or 5% of the total outstanding balance due, whichever is greater, will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if Web Force Systems has to resort to these methods in order to collect debts owed to Web Force Systems.
There is additional $150.00 charge that applies to each unsolicited commercial e-mail, also known as SPAM. This charge will be applied if another network or user complains to Web Force Systems of being spammed by one of the accounts hosted by Web Force Systems. Also, a charge of $0.05 per copy of article will be applied to misfiled Usenet News Articles filed to 10 or more newsgroups. Misfiled means in this context any article which does not fit within the charter of a newsgroup to which it is posted. For instance, if you post an article about a print you have for sale in a religious newsgroup, you have misfiled that article. A charge of $50.00 per copy received will be charged for malformed mail headers.
Please address all questions or comments regarding this policy statement to email@example.com
RELATED CHARGES: You are responsible for any local or long distance phone charges accrued in connecting to Web Force Systems. You are responsible for equipment, including computer hardware and software, used in that connection.
TRIAL PERIOD FOR DIAL-UP MODEM ACCOUNTS: If, during your first subscription to internet services provided by Web Force Networks, you find our systems inadequate for your needs, you may cancel within 30 days of the start of service and be charged only for the time you have used. Otherwise, you will not be refunded for any pre-paid time, and you will continue to have access to services until your pre-paid time runs out.
LIMITATION OF LIABILITY: Web Force Systems exercises no control whatsoever over the content of the information accessed through their Internet Services. Internet Services are provided on an "as-is, as-available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability, and fitness for a particular purpose. Web Force Systems and it's contributors shall have no liability whatsoever to you for any claim(s) relating in any way to; your inability or failure to perform research or related work or to work properly or completely; any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Web Force Systems' Internet Services. Web Force Systems will not be responsible to any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via WFS's Internet Services is at your sole risk. Web Force Systems specifically disclaims any responsibility for the accuracy or quality of information obtained through their Internet Services.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Web Force Systems or any of its suppliers or resellers be liable to you or any other person for any indirect, limitation, damages for loss of goodwill, work- stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if Web Force Systems shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
ALLOWABLE USE: Web Force System's Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Web Force Systems from any claims resulting from your use of their services.
Email that is left on the email server can be automatically deleted after 90 days of nonaccess, and that times is free to be adjusted without notification of the user. Email that has been read must be deleted off the email server or it will be deleted. All email accounts are subject to the same restrictions and policies of access accounts.
Bandwidth-on-Demand accounts are not to be used as dedicated accounts at any time. These connections should be allowed to come up and down as necessary with use. Any attempts to maintain a dedicated connection will result in the customer paying for the dedicated ISDN account from the inception of the contract.
PORT BLOCKING: From time to time, WFS may have to block ports to protect users. In general, Dynamic ADSL and Dial Up Accounts will have Ports Blocked while Static IP accounts will generally not have port blocks. ADSL users who want to use a port that is blocked will have to upgrade their account to a Static IP Account. Dynamic ADSL Accounts will not be allowed to run their own web, email & FTP servers, Gaming Servers, P2P Services, VoIP, remote cameras and other high bandwidth applications. High Bandwidth applications must be on a Static ADSL Account.
BANDWIDTH CAPS: Web Force Systems reserves the right to establish bandwidth caps at any time and on any accounts so that users who use most should pay the most. Dynamic ADSL Accounts have a bandwdith cap of 20 GBs per month which is set by WFS and change be changed as needed at any time for customers on a month to month agreement. Static IP ADSL Accounts have a 50GB Bandwidth CAP.
Dynamic DNS: Web Force Systems does not support Dynamic DNS and requires users to purchase Static IP Accounts.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation and fines as stated in the Charges section.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension, cancellation, or other applicable charges mentioned in the Charges section. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Cross posting, or sending a message to many different off-topic newsgroups, is particularly unacceptable and will be treated as such. Sending a message, especially an advertisement, is by itself spamming unless the individual has specifically requested information. The spamming of one recipient is considered UCE, or Unsolicited Commercial Email. UBE, or Unsolicited Bulk Email is when there is multiple recipients of UCE. UBE is especially erroneous and will be treated as such by Web Force Systems. Email is a person-to-person medium, not a broadcast medium.
You agree to abide by the policies concerning use of Web Force Systems' Internet Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. Web Force Systems reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejections of credit card charges. Residential and Business dialup accounts are for individual use only. Simultaneous logins on one account are not allowed. Any account with simultaneous logins may be suspended and subject to a suspension fee as outlined in this agreement. If an account is suspended twice, it will be closed permanently.
DIALUP ACCESS: Dial-up accounts are offered solely for personal, interactive Internet access. Each account is limited to five unique email addresses.
RESPONSIBILITY FOR ACCOUNT USE: You are responsible for all use of your account(s) and confidentiality of password(s). Web Force Systems will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. Web Force Systems is not responsible for your personal files residing online on Web Force Systems owned and controlled computers.
You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of Web Force Systems' Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access of use.
If subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a perent or legal guardian, who is responsible for all charges related to the use of subscriber's account(s).
UNAUTHORIZED USE OF ACCOUNT: Web Force Systems will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and all the like.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. Web Force Systems will handle incidents of harassment on a case-by-case basis, consulting with all parties involved and reserves the right to release customer information to the proper authorities should it discover unlawful activity.
Any unauthorized use of accounts or computers by a Web Force Systems customer, whether or not the attacked account or computer belongs to Web Force Systems, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE: Web Force Systems reserves the right to impose limits on the total amount of resources and disk space available for your use on Web Force System operated computers. Email accounts are limited to 5 megs of space. Web Force Systems reserves the right to remove or reject files that exceed this limit. Web Force Systems reserves the right to delete without personal files that have not been accessed for more than one month.
EMAIL PRIVACY: Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to Web Force Systems' mail servers, WFS places a high value on privacy, and will only examine users' mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.
ILLEGAL MATERIAL: Web Force Systems bears certain legal liabilities for the use of its computer network and equipment. As such WFS must require that its customers do not use WFS's network for illegal purposes. When presented with a search warrant, Web Force Systems is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, Web Force Systems recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore Web Force Systems must make certain decisions regarding the illegality of various specific actions. Among the actions WFS considers illegal and therefore not allowed on its network are:
unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. Web Force Systems believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
WEB SERVICE: Web Force Systems includes Web Service with enhanced service packages and hosts commercial web pages for a fee. In all cases, the Web pages reside on WFS's computer equipment, giving WFS some ethical responsibility for the content of such pages. Web Force Systems will handle potentially inappropriate Web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Web Force Systems grants you a nonexclusive, nontransferable, limited license to store documents on a WFS Internet World Wide Web server, and to use the server at burst bandwidth speeds up to WFS's full capacity.
TERMS AND TERMINATION: This Agreement shall become effective on the date the service application is entered into WFS's system (no later than the end of one business day after receipt of application). Web Force Systems, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
Web Force Systems request all cancellation notices via the email account being closed be in writing or via phone for the protection of the consumer. Your are responsible for notifying Web Force Systems of your wish to terminate your account in writing or via phone, if so desired. Charges will continue to accrue until your notification to Web Force Systems of account termination, or until your account is suspended due to late payment. After 60 days of nonpayment, Web Force Systems reserves the right to close your account; if closed you will then be required to re-subscribe according to policies in effect at that time in order to continue services.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein.
EFFECT OF AGREEMENT: This Agreement (which shall include the current and future Schedules herto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herin, and not those contained in your purchase order.
MODIFICATIONS OF TERMS AND CHARGES: Web Force Systems reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of WFS's Internet Services after such notice shall constitute your acceptance of the modifications of this agreement.
FORCE MAJEURE: Web Force Systems' performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY: If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.
NOTICES: Except as otherwise provided herein, all notices hereunder shall be giving in writing as follows:
WFS: Web Force Systems
576 Charring Cross Drive, Suite B
Westerville, Ohio 43081
GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the state of Ohio, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER: Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication, or disclosure of Software and Documentations by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Related Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227.7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.