|
ACCEPTABLE USE POLICIES
Version 1.3 - Get Wired Solutions
SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. Warranties/Disclaimers:
Get Wired Solutions service is provided on an "as is, as available" basis. No
warranties, express or implied, including, but not limited to, those of
merchantability or fitness for a particular purpose, are made with respect to
Get Wired Solutions or any information or software therein. You release Get
Wired Solutions from and Get Wired Solutions shall have no liability or
responsibility for any direct, indirect, incidental or consequential damages
suffered by you in connection with your use of or inability to use the Get Wired
Solutions services including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, miss-deliveries, or service
interruptions, or due to inadvertent release or disclosure of information sent
by you even if the same is caused by Get Wired Solutions own negligence. Without
limiting the generality of the foregoing, Get Wired Solutions disclaims to the
full extent permitted by applicable law any responsibility for (and under no
circumstances shall be liable for) any conduct, content, goods and services
available on or through the Internet or the Get Wired Solutions services. In no
event shall Get Wired Solutions aggregate liability exceed the amount paid by
you to Get Wired Solutions for the Get Wired Solutions services. Use of any
information obtained via Get Wired Solutions Internet service is at the user's
own risk. Get Wired Solutions Specifically disclaims any responsibility for the
accuracy or quality of information obtained through its services.
2. Security:
The Customer is responsible for all use of Customer's accounts) and
confidentiality of passwords), including choosing safe passwords and ensuring
file protections are set correctly. Get Wired Solutions will suspend access or
change access to Customer's account(s) immediately upon notification by Customer
that Customer's password has been lost, stolen or otherwise compromised. Get
Wired Solutions is not liable for any usage and or charges prior to Get Wired
Solutions making the necessary account alteration. Electronic mail on this
system is as private as we can make it. Get Wired Solutions Customers are
reminded that no computer system can be considered as safe from intrusion. Email
may pass through many computer systems, and should not be considered a secure
means of communication unless encrypted, and even encrypted information is only
as secure as the encryption method utilized.
3. Personal Files:
Get Wired Solutions is not responsible for Customer's personal files residing on
Get Wired Solutions equipment. Customer is responsible for independent backup of
Customer's data that is stored on Get Wired Solutions equipment. Get Wired
Solutions reserves the right to delete Customer 's personal files after one or
both parties terminate the service agreement between Get Wired Solutions and
Customer.
4. Non-Transferability of Account:
The right to use Get Wired Solutions Internet service is not transferable. Use
of Get Wired Solutions accounts is expressly limited to the individual or
business whose name appears on the account and dependents of the account holder
living at the same address. A Customer may use no more than one log-in session
per account at any time. If a Customer has multiple accounts, the Customer is
limited to one log-in session per account at any time.
5. Network Address:
Ownership Any network address assignments issued by Get Wired Solutions (i.e.,
Class C address space) are the property of Get Wired Solutions and are
considered to be loaned to its customers. In the event service with Get Wired
Solutions is discontinued for any reason, such addresses will revert to Get
Wired Solutions.
6. Compliance with all Laws:
Customer agrees to use the service in a manner consistent with any and all
applicable laws governing the State of California from which we operate.
Reproduction or transmission of any material in violation of any local, state,
U.S., or international law or regulation is prohibited. Customer agrees that any
material to be reproduced or transmitted on Get Wired Solutions service through
Customer 's account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain
anything obscene, libelous or threatening. Software intended to facilitate any
such violations or infringements may not be stored on Get Wired Solutions.
Customer shall defend, indemnify and hold harmless Get Wired Solutions from and
against any claims, liabilities and expenses, including attorneys fees,
resulting from Customer's use of the Get Wired Solutions service or Customer's
account in an unlawful manner or otherwise in violation of or contrary to
Customer's Agreement with Get Wired Solutions or Get Wired Solutions Acceptable
Use Policies. At Get Wired Solutions discretion, Get Wired Solutions may revoke
Customer's access to Get Wired Solutions services or accounts for inappropriate
usage.
7. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service
pending investigation by Get Wired Solutions and may result in termination of
the account(s) the investigation determines to have originated or transmitted
these types of traffic. In addition, Get Wired Solutions reserves the right,
where feasible, to implement technical mechanisms which block multiple postings
by a Get Wired Solutions Customer as described in (a) and (b) below before such
postings are forwarded:
(a) Posting a single article or substantially similar articles to an
excessive number of newsgroups (i.e., more than 20) or continued posting of
articles which are off-topic (e.g., off-topic according to the newsgroup charter
or the article provokes complaints from the regular readers of the newsgroup for
being off-topic).
(b.1.) Sending unsolicited mass mail or hosting of web sites promoted by
mass mail (S P A M) is an automatic $300.00 fine and account cancellation! In
accordance with the laws of the State of California, client can and will be
fined by the provider for excessive clean up fees in direct relation with
handling of mass complaints.
(b.2.) Bulk mailing is only allowed under special circumstances (OPT-IN).
We must be notified of all mailings and be allowed to approve or disprove the
mailings. Not doing so may result in account(s) suspension and fines.
(c) Engaging in either (a) or (b) from a provider other than Get Wired
Solutions and using an account on Get Wired Solutions as a mail drop for
responses, or to draw attention to a web site housed within Get Wired Solutions
networks.
(d) Continued harassment of other individuals on the Internet after being
asked to stop by those individuals and by Get Wired Solutions.
(e) Mail bombing, i.e., sending large volumes of unsolicited e-mail to
individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in
email, Get Wired Solutions postings, on Internet Relay Chat (IRC), or with any
other Internet service. (This does not preclude the use of nicknames in IRC or
the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain
access to any other system or users' private data without express consent of the
user.
(h) Use of IRC bots or clone bots on Get Wired Solutions, whether on IRC
servers controlled by Get Wired Solutions, Inc. or by other parties. An IRC bot
is a program, which runs and is connected to an IRC server 24 hours a day,
automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular
workings of Get Wired Solutions systems or network connections or which
adversely affect the ability of other people or systems to use Get Wired
Solutions services or the Internet, including, but not limited to: 1. Any
unauthorized attempts by a user to gain root access or access to any account not
belonging to that user on this or any other Get Wired Solutions system; 2. Any
use of this or any other Get Wired Solutions system as a staging ground to
disable other systems.
(j) Spamming of your url to search engines or other indexes in an attempt
to gain a more favorable position in the search engines and prompts a complaint
from the administrators of the search engine and/or index.
(k) Accounts which are found to be in violation of any of the above
listed items a-j are subject to immediate account suspension and a minimal
removal fee of $25.95 providing damages are not sought by the offenders target,
should an entity seek damages against Get Wired Solutions, the account will be
charged the full amount of damages and attorney fees and travel costs if any.
8. Right to Disconnect Non-Dedicated
Accounts:
Get Wired Solutions unlimited interactive usage dial-up connections are not
intended to be full-time dedicated connections and will be disconnected after 25
minutes of inactivity. Customer agrees not to use any automatic method to avoid
disconnection, to keep the connection active only when the Customer is actively
using it, and not to provide public information services over the connection.
Get Wired Solutions reserves the right to impose a restriction on accounts it
deems to be in violation of these conditions.
9. Excess Utilization of System or Network
Resources:
Get Wired Solutions account descriptions in some cases may specify limits on
bandwidth, CPU and disk utilization for certain types of Customers, and use up
to these limits is included in the price for that type of Customer. In the event
Get Wired Solutions determines that a customer is using excessive bandwidth, CPU
and/or disk utilization limits, the Customer will be notified by email. If the
excess use continues for more than 48 hours after such notification, the
Customer may be requested to upgrade to a web hosting service agreement or to
modify the activity creating the excess use. If excessive bandwidth, CPU or disk
space utilization is determined by Get Wired Solutions to adversely affect Get
Wired Solutions ability to provide service for all customers, immediate action
may be taken to alleviate the problem. In such event, the Customer will be
notified by email as soon as practicable. Adult web sites are sold with 50% of
their package bandwidth due to their excessive bandwidth usage.
10. Compliance with Rules of Other Networks:
Any access to other networks connected to Get Wired Solutions Internet service
must comply with the rules for that other network as well as with Get Wired
Solutions rules.
11. Monitoring/Privacy:
Get Wired Solutions reserves the right to monitor any and all communications
through or with Get Wired Solutions facilities. Customer agrees that Get Wired
Solutions is not considered a secure communications medium for the purposes of
the Electronic Communications Privacy Act, and that no expectation of privacy is
afforded. It may become necessary for Get Wired Solutions employees to examine
system accounting logs and other records to determine if privacy violations or
other network unfriendly activities have occurred. Get Wired Solutions also
reserves the right to access a Customer's mailbox or other files stored on Get
Wired Solutions systems to resolve system problems or mail system errors.
12. Cooperation with Authorities:
Get Wired Solutions reserves the right to cooperate with law enforcement and
other authorities in investigating claims of illegal activity including, but not
limited to, illegal transfer or availability of copyrighted material, postings
or e-mail containing threats of violence or other illegal activity.
13. Confidentiality of Personal Subscriber
Information:
Get Wired Solutions will not release a Customer's personal subscriber
information, or Customer's billing information, to any third party except upon
presentation of a valid court order of a government or entity within our
jurisdiction. Customer agrees that Get Wired Solutions judgment as to the
validity of any court order of subpoena shall be considered proper and final.
14. Get Wired Solutions Right to Suspend or
Cancel Account:
Get Wired Solutions reserves the right to suspend or cancel service to a
customer at any time with email notice, for any reason included in this
agreement, including, but not
limited to, refusal or failure to pay for services provided or by sole judgment
of Get Wired Solutions that the Customer may be performing activities harmful to
Get Wired Solutions or its customers, employees, vendors, business relationships
or any other users of the Internet. The customer is responsible for keeping
their email on record up to date, failure to do so will prevent Get Wired
Solutions from notifying a customer of any important account notices. If the
customers account becomes more than 30 days late in payment, a
additional $15.00 late fee will incur and the account will be deleted and
forwarded to collections. Files will be retained by Get Wired Solutions for a
period of 30 days after the account became past due which time no responsibility
for them will be taken. Be advised that unless prior arrangements have been made
with Get Wired Solutions their there can be no exception to this policy.
15. Right to Damages:
Get Wired Solutions reserves the right to collect damages (software, hardware
and man hours) if any harm is done to Get Wired Solutions, which requires repair
or reconfiguration of any kind.
16. Other Remedies/Non-Waiver:
Nothing contained in these policies shall be construed to limit action Get Wired
Solutions may take or remedies available to Get Wired Solutions in any way with
respect to any of the described conduct. Get Wired Solutions reserves the right
to take any additional actions Get Wired Solutions may consider appropriate with
respect to such conduct, including without limitation taking action to recover
the costs and expenses of identifying offenders and removing them from the Get
Wired Solutions service, and levying cancellation charges to cover Get Wired
Solutions costs in the event of disconnection of dedicated access for the causes
outlined above. In addition, Get Wired Solutions reserves at all times all
rights and remedies available to Get Wired Solutions with respect to such
conduct at law or in equity. Non-enforcement of any policy or rule herein does
not constitute consent or waiver, and Get Wired Solutions reserves the right to
enforce such policy or rule at its sole discretion.
17. Billing and Payments:
Billing for services is done monthly or annually starting from the sign-up date.
The due date is determined by the package sign-up date and will be the same day
every month or 1 year from the sign-up date if annually. The customer will
receive receipts via e-mail for each transaction as long as the customer keeps
their email on record up to date. All Accounts must be paid in
advance of the next month. Late payments of 5 days or more will be charged a $10
late fee, after 10 days your account will be suspended. To reactivate you must
provide payment of amount due and any late fees. If the customer emails us of any
pending trouble we will try to work with them. The customer will be notified if
their credit card was
declined or check is late before we de-activate any accounts with the email on
record. If a Customer pays by check and that check is returned unpaid for any
reason, the account will be immediately suspended in default and you will be
subject to a returned check fee of $45.00. If the customer defaults on any payments due to Get Wired
Solutions, the customer agrees to pay Get Wired Solutions all reasonable collection
expenses, including but not limited to, attorneys and collection agency fees,
late fees, and any past due invoices. If customer entered into a written term
contract with Get Wired Solutions the terms of the contract will take precedence
over the above billing policy.
17b. Cancellation of Services:
How to cancel service with Get Wired Solutions, we will under no circumstances
accept cancellation notices via telephone, you must send an E-Mail from the
e-mail we have on record with the subject heading "I wish to cancel my account"
we will reply to this message to confirm you are the correct person to cancel
the account. If you are unable to do this then we will need your written
cancellation notice prepared. All cancellations must be received by our offices
15 days PRIOR to your billing date will relieve you from further billing. The
only exceptions which will be made to this policy are as follows: Death,
Bankruptcy. By accepting service with our company you agree to these terms and
wild be held liable for any and all collections costs and attorney fees related
to collections where your account are concerned.
E-Mail your cancellation notice
and reason to: cancellations@getwired.net
Mail your cancellation notice and reason to:
Get Wired Solutions 2948 43rd St. Sacramento, CA. 95817 Attn: Accounting
18. Get Wired Solutions Right to Change
Service:
Get Wired Solutions reserves to right to change without notice the Get Wired
Solutions service, including, but not limited to, access procedures, hours of
operation, menu structures, commands, documentation, vendors and services
offered.
19.Get Wired Solutions Right to Modify its
Acceptable Use Policies:
Get Wired Solutions may modify its Acceptable Use Policies upon notice published
online via Get Wired Solutions. Customer's use of Get Wired Solutions services
after such notice shall constitute Customer's acceptance of the modifications to
these policies. |