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PRTC Internet Services Rules and Regulations
and Acceptable Use Policy
By
using services and resources owned by PRTC Internet Services, you agree
to abide by the following Rules and Regulations and Acceptable Use
Policy ("AUP" for short). Although a great majority of these provisions
have the dial-up client in mind, the general provisions are equally
applicable to our Web and dedicated access clients.
The Internet is a far-reaching communications medium.
The Internet can be used to communicate with colleagues, to research
demographics, and to transmit business communications. But the Internet
- and the PRTC Internet Services computers you use to connect to it -
are shared with thousands of others users. Therefore, PRTC Internet
Services has constructed a list of rules and regulations to provide a
better understanding of how to use this service. This document also
details your rights and responsibilities as a PRTC Internet Services
subscriber.
- A. We will
not release any of your personal information to other people or
agencies unless we receive a signed consent form from you, except
under subpoena by a court of competent jurisdiction.
- B. With
certain exceptions, you can choose any username for your account on
PRTC Internet Services as long as there are no duplicates in the
username list and it is not considered obscene. The username is
subject to a technical limitation of our current accounting system;
therefore, usernames are restricted to a range of 4 to 8 characters.
The username will always appear in your news group postings and when
you forward electronic mail. The username is your login authorization.
The username will be shown in systems utilities, such as "who" or
"finger," which show current users on the system.
- C. PRTC
Internet Services retains the right to reserve certain usernames for
internal use.
- D.
Although you may want to use a made-up username for your PRTC Internet
Services account, your full legal or entity (company) name must be
used when you sign up with PRTC Internet Services.
- A.
PRTC Internet Services Subscribers have the right to cancel their
accounts. Cancellations take effect at the end of the month in which
you cancel. If you wish to cancel your PRTC Internet Services account,
you must notify PRTC Internet Services at
prtcnet@prtcnet.org, or in writing by
phone call to 606-287-7101.
- B. PRTC
Internet Services reserves the right to suspend or cancel your account
without notice, for non-payment or for violation of the provisions of
this AUP.
- C.
Whether you cancel your service or we cancel your service for cause,
your service fees are not prorated within the current month. Refunds
for unused service are limited to fees paid for service beyond the
month of cancellation. Setup fees are nonrefundable.
- A. By law,
you may not upload any commercial software, any software that is
subject to distribution limits, or any material you don't have the
right to share with other people. Likewise, you may not download any
software or material you do not have the right or license to use, such
as commercial software from other Internet users. You may not upload
anything, such as certain cryptographic applications, that will
violate local, state, or federal law. If, upon reasonable suspicion
and after reasonable investigation, PRTC Internet Services finds a
violation of this provision, PRTC Internet Services reserves the right
to notify appropriate state and/or federal authorities.
- B.
Your PRTC Internet Services account entitles you to E-mail storage
space of up to 2 megabytes. If additional storage space is required up
to 10 megabytes (issued in 2 Meg blocks) PRTC Internet Services will
charge for additional disk usage according to then-current PRTC
Internet Services pricing. Difficulties in downloading e-mails due to
size are the responsibility of the customer and PRTC Internet Services
reserves the right to delete messages if necessary to facilitate
download.
- A. PRTC
Internet Services reserves the right to alter the pricing, offerings,
terms and conditions of service at any time. An electronic, online
copy of this AUP in effect is at the following Web address:
http://www.prtcnet.org under the "Acceptable Usage
Policy" link. You are charged with responsibility for checking this
page for any updates, and your continued use of PRTC Internet Services
services constitutes your agreement to the modified terms.
- B. PRTC
Internet Services does provide configuration assistance and limited
free technical support for browser, dial up and e-mail client programs
that are essential to getting on the Internet.
- C. PRTC
Internet Services does not provide technical support for software that
is not Internet, nor does PRTC Internet Services make any warranties
as to any software you may use in connection with your PRTC Internet
Services account; the respective author/copyright holder's warranties
apply. Further, PRTC Internet Services does not provide technical
support for any hardware you use for your Internet connection which
you did not purchase from PRTC Internet Services.
- D.
PRTC Internet Services cannot guarantee overall Internet performance,
nor the performance or availability of any server, service or site on
the Internet at large which you may otherwise access through your PRTC
Internet Services account.
- A. PRTC
Internet provides unlimited Internet access. This should not be
construed to mean full time or completely unregulated access. There
are a great many users sharing PRTC Internet Services network
facilities, and we are committed to providing good, consistent service
to all subscribers. For this reason, the subscriber should observe the
following guidelines in the usage of your PRTC Internet Services
account:
- i)
Do not maintain a connection to your dial-in account when you are
not actively using the Internet, and be sure to log out of the
system when you are ready to end an Internet session.
- ii)
Multiple, simultaneous logins of the same account are prohibited.
- iii)
Our flat-rate accounts (i.e., Flatrate) are not intended to serve as
extended or full-time (24 x 7) connections to the Internet. If you
find that you need a full-time (24 x 7) connection to the Internet,
please contact us for information on our dedicated access services.
- iv)
Our network is configured to terminate your dial-in session after
eight (8) hours. We do not mind if you log back in if you are
disconnected, but unless you are paying for a dedicated connection,
you should not expect to be able to stay logged on indefinitely.
- v)
In order to ensure all users equal access to PRTC Internet Services
resources at peak times, we reserve the right to terminate any
particular user session which has idle time of 20 minutes or more.
As well, we reserve the right to terminate one or all multiple
connection sessions when we encounter your username logged in
multiple times simultaneously at one or multiple locations.
- vi)
Content posted to PRTC Internet Services Personal Pages will be
removed if that content violates copyrights, libels others, or
contains code which could harm systems which visit the site.
- vii)
PRTC Internet Services is not responsible for backing up customer's
personal page content. Content backup of a personal page site that
comes with a dialup account is the customer's responsibility.
-
viii) Sexually explicit and patently offensive content; materials
that otherwise violate federal, state or local law; and materials
and content that threaten the security or utility of the PRTC
Internet Services network, are strictly forbidden in any PRTC
Internet Services Web service to which you subscribe--personal or
commercial.
- ix)
Customer has no ownership of static IP numbers that may have been
assigned to the customer by PRTC Internet Services. PRTC reserves
the right at any time to remove these static IP assignments with
advance notice to the Customer from PRTC. If deem necessary, PRTC
also reserves the right to reassign static IP allocation at its sole
discretion.
- B. PRTC
Internet Services reserves the right to remove from public view any
material or content brought to its attention which violates this AUP.
- C. The
services you purchase from PRTC Internet Services are not
transferable. You may not resell or share your PRTC Internet Services
account services.
A. "ISP affiliate" means any Internet Service
Provider with which PRTC Internet Services has a roaming arrangement to
allow PRTC Internet Services clients to connect to the Internet through
the ISP affiliate's facilities outside the area served by PRTC Internet
Services.
B. "Roaming" consists of dialing an ISP affiliate's
Internet connection number to connect to the Internet.
C. Roaming may be subject to regulation via
provisions of this AUP.
PRTC Internet Services will not filter information
that is received from the Internet, except in accordance with this AUP
and applicable law; however, some newsgroup material may be offensive to
some people. If you find a newsgroup that you do not like, please do not
attempt to read or reply to that newsgroup. We will not discontinue a
particular newsgroup due to someone's belief that said newsgroup is
`offensive' or `wrong.' You are free to subscribe to any mailing lists,
but as with newsgroups, some information may seem offensive to you. Just
follow proper procedures for subscribing and, if you don't like what you
are receiving please change or unsubscribe from that list or newsgroup.
As a PRTC Internet Services client, you are solely responsible for
monitoring usage of your PRTC Internet Services Internet accounts,
including use by your children.
- A. Our AUP
is under constant review. We consider comments from our users and from
experienced staff. We will change this document from time to time. You
are subject to the AUP in effect at the time you sign up for PRTC
Internet Services, and to each revision of the AUP that becomes
effective subsequently, without further notice.
- B. Account
cancellations should be directed in writing to our Internet Department
via E-mail to prtcnet@prtcnet.org via fax at 1-606-287-4032, or by
phone call to PRTC Internet Rep at 606-287-7101
- C. .
Requests for change of username or password on your dial-up account
should be directed to our Internet Service Department at
1-606-287-7101
- D. Returned
checks are subject to a $10.00 Returned-Check Fee. Your account will
be debited electronically for both the face amount of the check and
any returned check fees if returned unpaid.
- E.
Failure to pay invoices by the specified due date will result in a
late fee charged against your account. This rule also applies to
credit card and ACH Debit customers.
- F. All customers that have
dedicated (always on internet services), including but not limited to,
DSL. Payment for previously invoiced services is due by the 15th day
of each month. If payment(s) is not received within these guidelines,
the customer's service(s) will be interrupted. Customers will have to
contact our Internet department at 1-606-287-7101 to make payment
arrangements before services are reconnected. A $95.00 reconnect fee
for DSL, in addition to a new one year contract, will also be charged
in addition to any outstanding fees due to PRTC. Payment arrangements
may be an alternative if PRTC's accounting department is notified 15
days prior to payment due date. Whether or not payment arrangements
can be made will be at the discretion of PRTC's accounting department.
If further explanation of this policy is needed, please contact our
accounting department at 1-606-287-7101.
- A. PRTC Internet Services
considers the complaints and comments from other users on the PRTC
Internet Services system, as well as those of system administrators
from other Network Service Providers. We will take immediate action
against any PRTC Internet Services subscriber who abuses any of our
facilities or services. Some of the types of conduct which is
inappropriate on the Internet, and thus prohibited while using your
PRTC Internet Services account, are (a non-exhaustive list):
- i) posting
commercial/marketing/advertising/sales materials in non-commercial
areas (for example, in a newsgroup dedicated to the discussion of
the political significance of the two-party system of government,
you should not post a message that you have a watch for sale), or
sending unwanted/unsolicited commercial E-mail ("UCE"). This
activity is called, aptly enough, "spamming";
- ii) posting "chain
letters"--these are *illegal* under federal and state law, and are
inappropriate on paper and on the Internet;
- iii) E-mailing or posting (in
newsgroups, IRC or otherwise) abusive, vulgar or threatening
messages; and
- iv) gaining unauthorized
access to any network, either by use of an access account that is
not yours, or by engaging in otherwise illegal methods.
- B. In addition to this
AUP, the provisions of all applicable laws apply to your use of PRTC
Internet Services facilities.
- C. Users that access the
Internet through PRTC Internet Services must comply not only with PRTC
Internet Service's AUP as well as the AUP's of the Network Service
Providers whose networks they access.
- D. . PRTC Internet
Services will review all complaints or instances of your inappropriate
use brought to our attention and will decide what action to take,
which action may be termination of your PRTC Internet Services
account.
- E. . If you have any
complaints about another subscriber's use of PRTC Internet Services
facilities, or if you are subjected to any inappropriate use of PRTC
Internet Services facilities, please contact our office immediately.
You may send E-mail to
abuse@mis.net.
- F. . If you suspect or have
proof of a hacking or break-in attempt on your machine you may call
287-HELP (4357) and leave a message for the Security Response Team.
- G. If your account is
cancelled for non-payment, there will be a $13-$33 reconnection fee
charged to establish service again,
depending upon the amount of days that the service is suspended.
- H. . It is solely the
responsibility of the customer to ensure that no long distance calls
are being made in order to connect to the Internet. It is recommended
that if the customer is not certain the dial -up number they are given
is a local call that they contact there telephone company. PRTC is not
responsible for any long distance charges accrued due to user error of
this sort.
- A. All services provided to you
by PRTC Internet Services may only be used in accordance with any
applicable laws, statutes, regulations and rules and solely for lawful
purposes. Transmission, promulgation, theft, procurement,
communication, alteration, publication or storage of any information,
protected material or property, data or any other material in
violation of any national law of any sovereign nation, any
International law, the United States Annotated code, or of any state
or local law, regulation or rule is strictly prohibited. This
includes, but is not limited to, any material, data, matter,
software/soft code, intellectual property protected by copyright,
trademark, privacy of property right, personal or property right,
trade secret, or any other statute. Further, it is unlawful and a
violation of this AUP to communicate, transmit, or promulgate in any
manner, means or medium, any threatening, harassing, or obscene
material, matter, communication of any sort, or to otherwise use PRTC
Internet Services services for any illegal of unlawful purposes.
- B. . PRTC Internet Services
does not "patrol" the content published by its clients. PRTC Internet
Services does, however, review complaints submitted with respect to
other potential violations of this AUP and applicable laws, and will
investigate those complaints and take action it deems appropriate, up
to and including cancellation of a user's service.
- C. You will indemnify and hold
harmless PRTC Internet Services, its officers, agents, employees and
its other subscribers from any and all claims, costs, expenses,
judgments, causes of action attorney fees, litigation and court costs,
resulting from the subscriber's use of PRTC Internet Services services
in any manner, whether directly or indirectly or by any act of
omission or commission.
- D. You are solely responsible
for the knowledge of and adherence to any and all laws, statutes,
rules and regulations pertaining (1) to your use of any PRTC Internet
Services service, and (2) the communications means by which you
connects your terminal, personal computers or other device to PRTC
Internet Services services or to any services provided by PRTC
Internet Services.
- E. Your rights herein granted
cannot be transferred, shared, sold, or used by anyone other than
yourself. Only one login session per account may be used at any given
time. Accounts that have been transferred to other parties or show
other activity in violation of this paragraph are subject to immediate
cancellation.
- F. . PRTC Internet Services has
the right to delete all E-mail, data files, or other information that
is stored in your account if your PRTC Internet Services account is
terminated, for any reason, by either you or PRTC Internet Services.
- G. PRTC Internet Services shall
have the right to suspend or cancel your account at any time, for
reasonable cause, without notice. "Cause" includes, but is not limited
to, nonpayment for services; violation of this AUP; excessive idle
time online, as determined by ISP's network administrator; and use of
your account to engage in violation of any federal, state or local
statute.
- H. No warranty is made by PRTC
Internet Services regarding any information, services or products
provided through, in connection with, or located on the computer
systems of PRTC Internet Services or any other services provided by
PRTC Internet Services, and PRTC Internet Services hereby expressly
disclaims any and all warranties, including without limitation (i) any
warranties as to the availability of PRTC Internet Services products
or services, or the accuracy of content or information, products; and
(ii) any warranties of merchantability or fitness for a particular
purpose.
- I. PRTC Internet Services shall
have no liability for damages caused or allegedly caused by any
failure of performance, error, omission, interruption, electrical
surge or damage or interference, deletion, defect, delay in operation
or transmission, communication line failure. Theft or destruction of
or unauthorized access to, alteration of, or use of records whether
for breach of contract, tortuous behavior, negligence, or under any
other cause of action, shall be strictly limited to the amount paid by
you or on your behalf to PRTC Internet Services for the current month.
- J. No agent, employee, or
representative of PRTC Internet Services has any authority to bind
PRTC Internet Services to any affirmation, representation, or warranty
concerning the services provided by PRTC Internet Services.
- A. User(s) agrees that the use
of all services provided to each User(s) by PRTC is at User's own
risk. all warranties of any kind, express or implied, including
warranties of merchantability, fitness for a particular purpose and
non-infringement of proprietary rights, are expressly disclaimed to
the fullest extent permitted by law. PRTC cannot guarantee continuous
service, service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet. PRTC shall not be
liable to the User(s) for any claims or damages which may be suffered
by User(s), including, but not limited to, losses or the loss of data,
inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from delays, non-deliveries, or
service interruptions unless directly caused by the negligence of
PRTC. PRTC shall not be responsible for the acts of third parties who
may gain access to User(s) computer systems, private, financial, or
proprietary information by improper or unlawful means.
- A. User(s) will indemnify and
hold PRTC, its affiliates, subsidiaries, officers, agents and
employees free and harmless from any and all claims, damages or
lawsuits of any kind (including reasonable attorney fees) arising out
of the User's use of services provide to them by PRTC and negligent or
illegal acts of User(s), its employees or agents, including, but not
limited to, claims, damages or lawsuits arising out the use of those
services.
By using your PRTC Internet
or PRTC DSL account you are agreeing to the terms of PRTC Internet
Acceptable Usage Policy. |
