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Acceptable Use Policy & Terms of Service
This agreement outlines the terms and conditions under which University Telcom, Inc. (hereafter referred to as "UTI") will provide Internet Services, and supersedes any and all expressed or implied usage policies, terms of service, or terms of contract agreements. By subscribing to and/or using UTI, all "users", which is defined as any individual or entity that has an account with UTI and/or uses any service(s) provided by UTI, agree to comply with the terms outlined in this policy, and also agree to ensure that any person to whom you grant access to use your account, will abide by all terms herein. Violation of this Agreement may result in immediate suspension or termination of services without refund. UTI may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the UTI Internet Web site (http://www.utionline.net),
e-mail, or written postal mail. If any modification to this agreement is unacceptable to the user, user may immediately cancel user's account as provided below. These terms are intended to protect UTI, our users and other users of the Internet.
1. General Use
Parents are strongly urged to provide stringent parental controls when allowing minors access to the Internet. UTI reserves the right to refuse or terminate service to any user engaging in activities which cause harm to individuals and/or computers on the Internet. This includes, but is not limited to, transmission, distribution or storage of any material in violation of any applicable law or regulation that is prohibited by copyright, trade secret or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or illegal by International, United States, Commonwealth of Kentucky law, or local area standards. Users may not attempt to circumvent user authentication or security of any host, network, or account commonly referred to as "hacking" or "cracking." This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, or attempts to "crash" a host. Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's session, via any means, locally or by the Internet. Users who violate systems or network security may incur criminal or civil liability. UTI will cooperate fully with investigations of violations of systems or networks at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. UTI may be used only for lawful purposes. UTI users expressly agree that all Internet services, technical services and/or software provided by UTI are under no warranty, expressed or implied and are provided on an
"AS AVAILABLE" and "AS IS' basis. Users agree that UTI shall have no liability for the services, data or information made available to the user, including any liability for any damages regardless of the success or effectiveness of other remedies. UTI makes no warranty, expressed or implied, of merchantability or fitness for a particular purpose, suitability or performance with regard to service. Under no circumstances, including those arising out of performance or nonperformance here under, shall UTI be liable for consequential or indirect loss to users (including, without limitation, loss of profits, loss of product or liabilities of customer to third parties) or for incidental, special or punitive damages of any nature whatsoever.
2. Account Usage
UTI prohibits resale and/or transfer of any services provided by UTI including, but not limited to, Internet access, e-mail, and web hosting. All user accounts are limited to the concurrent connections defined by the service(s) provided. Regardless of the connection type (broadband or
dial-up), establishing a public information service, a web, e-mail, and/or FTP server is strictly prohibited without the written consent of UTI. UTI retains the right to raise your monthly access fee if user's web site accounts have an unusually high amount of Internet traffic exceeding the monthly allocated bandwidth transfer quota. This will not occur without a warning period, which the user can use to correct the problem (by using smaller graphics or reducing the size of user's storage area). If the problem persists UTI may raise your basic monthly rate.
3. Use of Customer Web Site
The content of customers web site is the sole responsibility of the user, however, UTI prohibits the posting of material which is considered obscene, offensive, pornographic, protected by Copyright laws, or considered illegal in the United States, Kentucky, and the local area. This would include, but is not limited to, copyrighted material such as digitized photographs from magazines or books, music, software or any other copyrighted source. UTI reserves the right to refuse or terminate any user service we feel does not represent the best interest of UTI, its clients, the community, or corporate goodwill.
4. Loss of Data
UTI offers for a fee, a backup and restore service, however, UTI disclaims any and all liability resulting from any and all situations in which we are unable to recover data in your storage areas for reasons such as, but not limited to, system crashes, or technical failures of any type. Customers are cautioned to keep a copy of any data posted on their web sites. UTI assumes no liability for data and loss of data in any and all areas. All users engaged in commerce through our services and servers accept any and all liability that may arise from their usage and agree to hold UTI free from any and all liabilities that may arise from a breach of security or loss of data.
5. E-mail
Pursuant to federal regulations, we are informing users that Internet mail can be viewed by persons to whom the e-mail is not addressed. There are no provisions in any Internet mail program to ensure the total privacy of Internet e-mail. UTI disclaims any and all liability resulting from, but not limited
to, lost, compromised or undelivered e-mail. UTI users will not leave e-mail on the server after retrieval. UTI reserves the right to remove e-mail files at any time to conserve disk space.
6. Newsgroups/USENET News,
IRC (Internet Relay Chat) & Other Forms of Direct Communication
UTI is a common carrier of the USENET news feeds. The content of these groups is the responsibility of the poster and not of UTI. UTI does not endorse, promote, or approve any newsgroup and/or its postings. UTI reserves the right to remove any newsgroup from our news server, for any reason. UTI is not liable for the content of any communications made on IRC, AOL, MSN, Yahoo Messenger or other chat programs. UTI prohibits any communication, originating or routed through services provided by UTI, that could be considered illicit, profane, pornographic, obscene,
threatening, harassing, or otherwise harmful to individuals or entities. Customers are prohibited from engaging in activities that harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.
7. Spamming (Unsolicited E-mail & Newsgroup Postings)
UTI prohibits abusive use of provided services. This includes, but is not limited to, users sending unsolicited e-mails (junk e-mail), posting the same message to more than ten Usenet newsgroups, or posting advertisements in Usenet newsgroups not specifically designated for such use. Such abuses will result in refusal or termination of user's service.
8. Dial-up Unlimited Access - Defined
All dial-up user accounts are subjected to 20-30 minute inactivity disconnect. After a disconnection for inactivity, you are free to reconnect to the Internet. The disconnection is implemented to keep UTI's overhead costs (phone lines, modems, etc.) down and service high. Unlimited access does not mean a dedicated, constant connection to our service. It does not mean unlimited use; it means that users are not charged an hourly rate for UTI services. You may log on and off at your convenience, however, abusing a dial-up account by remaining connected for unusually long periods of time will result in an account review. If you have a need for a dedicated connection please refer to our Internet web site at http://www.utionline.net. Using programs or equipment to defeat the time-out purposes will result in termination of the user's account.
9. Broadband Usage
The Broadband Wireless connection is online continuously and does not require dial-up or other connection method. The customer is responsible for all Internet security at their location. Use of this service is limited to appropriate use as defined in this document. Violations may result in suspension or cancellation of service. Equipment provided by UTI (radio, power supply, hardware, etc.) remains the property of University Telcom Inc. By accepting this service the customer agrees to allow UTI personnel or their agents to install and/or uninstall equipment as required. Standard construction methods and practices are used during installation however the customer holds harmless UTI and/or it's agents for installation. Fees and bandwidth allocations are subject to change at any time. Customers will be notified of any changes through direct contact (e-mail, phone or in person) or may be published on University Telcom Inc. web site (http://www.utionline.net).
10. Rates & Billing
UTI reserves the right to modify rates and billing procedures at any time and will make notification by either a posting on the UTI Internet Web site (http://www.utionline.net), e-mail, or postal mail. New accounts are subject to a $10.00 activation fee. Accounts not used are still subject to regular charges. Credit cards are charged on a monthly basis. Cancellation of accounts must be made by a phone call to (606) 474-3300, by postal mail, or in person. All charges are nonrefundable. Invoices are due upon receipt and, if not paid by the 20th day of the month, will be assessed a $5.00 service charge. Invoices not paid by the last day of the month will result in termination of service. Customers desiring to reinstate service must pay their account in full, pay any required deposit and the current month's normal service fee, plus a $10.00 reactivation fee prior to their account being reinstated. Service termination or user requested account cancellation does not relieve the account holder of the obligation to pay any and all charges, including any attorney or collection fees required to enforce this agreement. Returned checks will be assessed a $25.00 fee.
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