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TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
These
Terms Of Service And Acceptable Use Policies (Terms and Policies) are an
essential part of your relationship with Kneeland Engineering d.b.a.
Foggy.net, hereinafter Foggy.net. By using your Foggy.net account, you
agree to all of the Terms and Policies set out in this document.
General
Terms and Policies. Foggy.net is a private company providing a commercial
gateway to the Internet. Foggy.nets equipment and facilities may be used
to send electronic mail, conduct commercial transactions, access the
World Wide Web, newsgroups and private networks, engage in on-line chat
sessions, transfer files, enjoy audio and video programming, and
otherwise participate in all legal aspects of the Internet (these uses
are referred to in this document as the Service), subject to these Terms
and Policies.
The
Service is provided to authorized persons or organizations (referred to
in this document as Subscriber or you). Any use of the service is subject
to any restrictions listed below. By using the Service, you agree to be
bound by all of these Terms and Policies. If you do not agree to be bound
by these Terms and Policies, you may cancel your account immediately and
may not thereafter use or attempt to use the Service.
Foggy.net
grants you a non-exclusive right to access, use and display the Service
on any computers or other electronic display devices of which you are a
primary user. You may not assign, sub-license or transfer any rights or
obligations of the Service without the express written consent of
Foggy.net.
Coverage.
If you are an individual Subscriber, these Terms and Policies apply to
all persons who gain access through your account. If you are a commercial
Subscriber, these Terms and Policies apply to all your employees, agents
and/or customers. In either instance, a violation of these Terms and
Policies by anyone using your account will be treated as a violation by
you.
Prices
and Charges. Foggy.net charges are as follows:
Individual
Account (2-email/1-PPP/5 Megs page) $ 19.95 monthly $ 199.50 annually
Commercial Account (2-email/1-PPP/10 Megs page) $ 26.95 monthly $ 269.50
annually Additional email boxes $ 5.00 monthly Domain hosting (with FTP
access) $ 32.00 monthly Unsolicited Bulk E-mail (spam) cleanup $185.00 +
$ 1.00 per message sent + $10.00 per Complaint received by foggy.net.
Charges
are due within 10 days of the date on Foggy.net invoice. Payments
received after that date will incur a late payment charge of (1.5%) of
the total amount past due.
Any
checks returned by the issuing institution will be charged a processing
fee of $ 15.00. Any billing refused or charged-back by your credit card
company or issuing bank will result in a handling charge of $15.00.
If you
fail to pay for your account for 20 days after the date of the invoice,
Foggy.net may without further notice terminate your account. Termination
does not remove your responsibility to pay all fees incurred up to the
date that Foggy.net terminates your account. If Foggy.net incurs any fees
or costs in collecting any past-due amounts, including costs of attorneys
or a collection bureau, those fees and costs will be added to the amount
you owe.
Term.
The Service is provided to you on a month-to-month basis. Foggy.net must
receive written notice of termination (which may be by first-class mail
or by e-mail) from you at least 5 days prior to the end of a month, or
the Service will be provided and charged to you for the following month.
Grounds
for Suspension and Termination. You agree to comply with these Terms and
Policies, as well as the applicable rules, regulations and policies of
any network, bulletin board, newsgroup, web site or Internet Service
Provider accessed through the Service. Any violation of either these
Terms and Policies or the other rules, regulations or policies noted
above may serve as cause for Foggy.net to suspend or terminate your
account. You agree that Foggy.net has the right, with or without notice,
to suspend or terminate your account upon the first or subsequent
occurrence of any of the following:
Using
the Service in a way which constitutes violation of any applicable
statue, law, court order, tariff, regulation, or treaty (including, but
not limited to, intellectual property, communications, privacy, criminal
and international laws);
Using
the Service in a manner intended to abuse or violate the privacy or
property rights of others, including but not limited to sending of
unsolicited bulk e-mail (spamming); this ground for suspension or
termination is separate from and in addition to the fees which will
result from such activity;
Using
the Service in an attempt to break security, or so as to actually break
security of any computer network (including the Service itself), or to
access an account, message, or file which does not belong to you;
Using
the Service in such a way as to forge or mis-represent headers,
addresses, or other identification in electronic mail or USENET postings,
or using any other method to disguise the senders identity or location;
Excessively
using the Service in such a way as to limit the bandwidth available to
others, including, but not limited to, download traffic of 100 megabytes
or more per day for the Subscribers web page or site, sending e-mail
traffic in excess of 10 megabytes per day, or the use of ping, e-mail
check, excessive IRC logging, or any automated program with the sole
intent of creating a continuous connection;
Posting
commercial messages to a USENET group where the posting is not approved
by the specific USENET group in its charter;
Using
the Service to operate server programs, including, but not limited to
mail servers, IRC servers, game servers, ftp servers, Web servers, or
streaming audio/video servers.
Using
the Service to promote or solicit competing Internet services;
Using
the Service for unauthorized relays through any third party system;
Attempting,
in any way, to interfere with or deny service to any user or any host on
the Internet;
Using
the Service for mail-bombing, which includes any instance where multiple
messages are sent to specific destinations with the intent to render the
recipient and/or the electronic system serving that recipient
dysfunctional;
Using
the Service to add or attempt to add addresses to any mailing list (yours
or a third partys) without the explicit positive consent of the
addressee(s);
Using
the Service to forward or post chain letters (multiple forwarding) of any
type;
Attempting
to cancel, supersede, or otherwise interfere with e-mail or USENET posts
other than your own;
Engaging
in harassment, whether through language, frequency, or size of messages;
Using
the Service to engage in syn flood attacks, which are defined as
overburdening a recipient computer system by sending a high volume of
spurious data which effectively impedes or totally disables functionality
of the recipient system(s), or any other methods of denial-of-service
attacks; or
Furnishing
false data on your sign-up form, contact, or online application,
including providing fraudulent credit card or other payment information.
No bill
credit will be given for a period of suspension. In the event of
termination of your use of the Service under this section, Foggy.net may
at its sole discretion retain any or all amounts you have paid for use of
the Service as liquidated damages for your actions.
Security.
You agree not to access or attempt to access private areas of the
Service. You agree to notify Foggy.net as soon as you become aware of an
unauthorized use of your account and/or any breach or attempted breach of
security of the Service.
Intellectual
Property. Foggy.net does not undertake to examine or review messages,
files, or other materials which are accessible through, pass through, or
reside on the Service. In compliance with the Federal Digital Millennium
Copyright Act, Foggy.net has designated Joel Householter as the
individual to receive complaints about alleged copyright infringement
taking place on Foggy.nets facilities. To avail yourself of the
protections of the Digital Millennium Copyright Act, if you believe that
your copyright(s) is/are being infringed by means of material hosted on
Foggy.nets facilities, you need to provide a signed notice in writing to
Joel Householter, PO Box 7129, Eureka, CA 95502-7129, containing a
specific identification of the allegedly infringing materials and the
location(s) on Foggy.nets facilities where the material(s) are to be
found. Upon receipt of such written notice, Foggy.net will expeditiously
remove or block access to the allegedly infringing material, and provide
notice to the person who had posted that material. If Foggy.net receives
a notification from that person indicating that the claim of infringement
was based upon mistake or misidentification, Foggy.net will send you a
copy of that notification. Unless you notify Foggy.net of appropriate court
action to restrain the alleged infringement, the challenged material will
then be restored or other wise made accessible again.
Liability.
You agree that use of the Service is at your own risk. Except for
information, products, or services clearly identified as being supplied
by Foggy.net, neither Foggy.net nor any of its affiliates controls,
provides, operates, or is in any way responsible for any information,
products, or services accessible through the Service. Foggy.net neither
endorses nor is responsible for the accuracy of third-party material(s),
and you agree that Foggy.net is not responsible for any loss or damage
caused by your use of, reliance on, such material(s).
You
understand and agree that you have sole responsibility for your posting
of any information or material to any site or newsgroup on the Internet,
including but not limited to postings to Web sites, whether residing on
Foggy.nets equipment or not, postings to newsgroups, and participation in
any on-line chat sessions. You agree to indemnify and hold harmless
Foggy.net and its officers, directors, employees, and other customers and
subscribers from and against any claims, losses, costs, liability,
damages or expenses arising out of your postings.
You
agree that, should you use the Service to send or receive voice
communications, Foggy.net is not acting as a telecommunications carrier
or telephone company, that there is no representation made by Foggy.net
as to the suitability of the Service for such use, and that all risk of
connection, transmission quality, and accuracy of communications is
solely on you, and that Foggy.net has no liability of any sort for the
failure or lack of quality of such use of the Service.
You
agree to be liable for any damages or loss of service which results in
damages to Foggy.net as a result of any spamming or other violations of
Section 5 above. These damages include, but are not limited to, system
shut downs, retaliatory attacks or data flooding, and loss of peering
arrangements. You agree that Foggy.net may pursue any such claims against
you in Superior Court in Humboldt County, California.
You
agree that in no event will Foggy.net have financial liability to you in
excess of the dollar amount remaining on your current service period, or
$ 10.00, whichever is greater.
Warranty.
FOGGY.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER
MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE
TOLD FOGGY.NET ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR
INFORMATION GIVEN BY FOGGY.NET OR ITS EMPLOYEES SHALL CREATE A WARRANTY
OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE
SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY FOGGY.NET ARE PROVIDED ON AN
AS IS, AS AVAILABLE BASIS; FOGGY.NET DOES NOT WARRANT THAT THEY WILL BE
ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
FOGGY.NET DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA
WHICH MAY BE STORED ON THE SERVICE.
Content.
You understand and agree that information and access available through
the Service may include controversial, sexually explicit, or other
material that may be offensive to you or users for whom you are
responsible. Foggy.net has no responsibility for or control over such
materials, and you take sole responsibility for using any available
screening software or other methods of limiting access (specifically
including the access of minors) to any material you may find
objectionable.
Dial-up
Connection. Foggy.net may terminate a dial-up Subscribers connection
following 25-30 minutes of inactivity as determined by Foggy.net in its
sole discretion.
Privacy.
Foggy.net commits to follow the controlling Federal and state laws
respecting Subscriber privacy and data access. Foggy.net will not provide
names, addresses, telephone numbers, e-mail addresses, or other
personally identifiable information on any Subscriber to any third party
without prior permission from that Subscriber, or as required under an
appropriate court or administrative directive, including a facially valid
subpoena, or as necessary to render the Service. Foggy.net may provide
aggregate data on Subscribers to third parties in the operation of
Foggy.nets business.
Disputes.
You agree that any dispute between you and Foggy.net arising out of your
use of the Service and in any way based upon your subscription to and/or
use of the Service which cannot be resolved between you and Foggy.net
will be submitted by the aggrieved party for binding arbitration under
the auspices of the American Arbitration Association. Any demand for
arbitration under this Section must be filed with the American
Arbitration Associations office. The arbitration must be held in Eureka,
California, and the arbitrator must be a person with experience in online
services operation.
Governing
Law. These Terms and Policies are governed in all respects under the laws
of the State of California.
15.
Amendments. These Terms and Policies may be amended in any respect at any
time by Foggy.net upon the posting of the amended Terms and Policies on
the Fine Print section of the Service. Your continued use of the Service
will be deemed consent to any such amended Terms and Policies. If you do
not wish to continue to use the Service as a result of any such amended
Terms and Policies, you may provide notice of your wish to terminate your
use of the Service to support@foggy.net, and any unused portion of fees
you have paid for the Service will be returned to you within 15 days.
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