East Tennessee Network
is pleased to provide Internet access and other
related services to you. Please read this
agreement carefully before accessing the service.
By accessing the service, you agree to be bound
by the Terms and Conditions below just as if you
had signed it. If you do not wish to be bound by
these Terms and Conditions, you may not access or
use the service.
-
- Parties.
This agreement is between East Tennessee Network,
hereinafter known as "East Tennessee Network",
as the
provider of Internet access and
Subscriber as consumer of
Internet access.
- Subscriber.
Subscriber represents and
warrants to East Tennessee Network
that he/she is
eighteen (18) years of age or
older or is another type of legal
entity, such as a corporation.
Subscriber further represents
that he/she possesses the legal
right and ability to enter into
this agreement.
- Services
Provided. East Tennessee Network
is an Internet
Service Provider and thus
provides access to the Internet,
web advertising, and site
services. For purposes of this
agreement, East Tennessee Network
provides dialup
Internet Access.
- Internet
Matters. Subscriber
understands and agrees that the
Internet is not in any way under
the control of East Tennessee Network
. At various
Internet sites, obscene and
offensive material may be
encountered, it is agreed that East Tennessee Network
has no
responsibility for, nor any
control over, any information
accessed by the Subscriber on the
Internet. Such materials are
accessed at the Subscriber's own
risk.
- E-mail &
Privacy. Electronic mail and
other transmissions passing over
the Internet and through East Tennessee Network
's system are not
confidential. Therefore East Tennessee Network
cannot guarantee
the protection or privacy of any
information of any subscriber. East Tennessee Network
reserves the
right to monitor a subscriber's
mail and transmissions as a
necessary incident to providing
service and otherwise to protect
the rights or property of East Tennessee Network
. East Tennessee Network
will not
disclose any such information
unless required to do so pursuant
to a court order, subpoena, or
similar legal request or
otherwise, on the advice of
counsel.
- E-mail
size limitation. No
individual e-mail message may be
sent or received that exceeds
1.44 megabytes.
-
Technical
Support.East Tennessee Network
free technical support
extends to configuring
and maintaining Internet
access, e-mail accounts,
and other connectivity
issues. Other issues
resulting from web-site
specific applications may
not be supported.
East Tennessee Network
is
not responsible for
damage to a computer
resulting from the
assistance of technical
support.
East Tennessee Network
is
not responsible for any
software or system
failures encountered
during the installation
or use of software
provided by East Tennessee Network
No
Representation of Warranty. Subscriber
acknowledges that the East Tennessee Network
service is used
at the subscriber's sole risk and
liability. Neither East Tennessee Network
, its employees,
affiliates, agents or any similar
party, warrant or covenant to any
subscriber that the East Tennessee Network
service will be
uninterrupted or free from error;
nor do any of the foregoing make
any representation or warranty
regarding (i) the use of the East Tennessee Network
service, or (ii)
the accuracy, reliability or
content of any information,
service, or merchandise provided
through East Tennessee Network.
"As
Is" Service. The East Tennessee Network
service is
provided on an "AS IS,"
"AS AVAILABLE" basis
without representations or
warranties of any kind, either
expressed or implied, including
warranties of title, implied
warranties of merchantability, or
fitness for a particular purpose.
No oral advice or written
information given by East Tennessee Network
, it's employees,
agents or any similar party,
shall create or expand any
representation or warranty; nor
shall any subscriber be entitled
to rely on any such information
or advice.
Limitation of
Liability. Subscriber agrees
that neither East Tennessee Network
, nor any other
person or entity involved in
creating, producing or
distributing the East Tennessee Network
service shall
have any liability for any
direct, indirect, incidental,
special or consequential damages
that (i) result, or may result,
from the use of, or inability to
use the East Tennessee Network
service; any software obtained
through East Tennessee Network;
or (ii) result or may result from
mistakes, omissions,
interruptions, deletion of files
or e-mail, errors, defects,
viruses, libel or intellectual
property infringement by others,
or delays in operation or
availability, or transmissions,
or any failure of performance,
whether or not occurring by
negligence, force majeure, acts
of god, communications failure,
destruction or unauthorized
access. In all events, East Tennessee Network
's liability
shall never exceed the amount
actually paid for access to, and
use of, East Tennessee Network
during the three (3) month period
immediately prior to the claimed
injury or damage. Subscriber
hereby releases East Tennessee Network
from any and all
obligations, liabilities and
claims in excess of the
limitations set forth in this
section. This section shall apply
to all content, products and/or
services available directly or
indirectly through East Tennessee Network
.
Indemnification.
Subscriber agrees to indemnify East Tennessee Network
from and against
any and all liabilities, expenses
(including attorney's fees) and
damages arising out of claims
based upon use of subscriber's
account, including any claim of
libel, defamation, violation of
rights of privacy or publicity,
loss of service by other
Subscribers and infringement of
intellectual property or other
rights. East Tennessee Network
will notify Subscriber promptly
of any claim for which it seeks
indemnification and will afford
Subscriber the opportunity to
participate in the defense of
such claim, providing that
Subscriber's participation will
not be conducted in a manner
prejudicial to East Tennessee Network
's interests, as
reasonably determined by East Tennessee Network
.
Other Networks.
Attempts to gain unauthorized
access to other computer systems
is prohibited. Subscriber will
abide by all rules, regulations
and policies of networks and
computer systems accessed via East Tennessee Network
. If Subscriber
is unsure of those policies, it
is the Subscriber's
responsibility to ascertain said
policies.
Software.
As a courtesy to Subscribers, East Tennessee Network
has accumulated
a library of software which is
"shareware" or
"freeware". East Tennessee Network
is not the
author of, or otherwise
responsible for, any such
software or engaged in the sale
or licensing of such software. East Tennessee Network
makes no
warranty of any kind, either
expressed or implied, with
respect to freeware or shareware
available to subscribers. East Tennessee Network
accepts no
liability of any kind with
respect to such software or any
damages resulting from use
thereof. Subscriber assumes all
risks with respect to such
software. Subscriber, not East Tennessee Network
, must pay all
shareware license fees. No
Subscriber will assert any claim
against East Tennessee Network
with respect to any shareware or
freeware obtained through East Tennessee Network
.
Non
Transferable. The right to
use East Tennessee Network
is not transferable. Accounts are
for the use of Subscriber only.
Subscriber is responsible for the
confidentiality of Subscriber's
passwords.
Lawful Use.
Services provided to you through East Tennessee Network
, including
Internet access, may only be used
for lawful purposes. Transmission
of any data, information or
material in violation of any
federal or state regulation or
law (including, but not limited
to, material protected by
copyright or trade secrets, and
information that is confidential
as a matter of law) is strictly
prohibited. Subscriber may not,
under any circumstances, use East Tennessee Network
in an unlawful
manner, including, but not
limited to: 1) posting or
transmitting any unlawful,
threatening, abusive, libelous,
defamatory, obscene, or
pornographic information of any
kind, including without
limitation any transmissions
constituting or encouraging
conduct that would constitute a
criminal offense or give rise to
civil liability; 2) intercepting
or attempting to intercept
e-mail; and 3) uploading files
that contain software or other
material protected by copyright
laws unless you own or control
the rights thereto.
System Rules.
Subscriber agrees to comply with
the following system rules of East Tennessee Network
. The following
are strictly prohibited:
- any
attempt to introduce
viruses, worms, Trojan
Horses, or any other
destructive programs, or
to deliberately crash or
overload the server
systems of East Tennessee Network
;
- sending
unsolicited bulk mail
messages ("junk
mail" or
"spam"). This
includes but is not
limited to, bulk-mailing
of commercial
advertising,
informational
announcements, political
announcements and
religious information.
Such material may only be
sent to those who have
explicitly requested it;
- forwarding
or posting "chain
letters" of any
type;
- forging
email or USENET posting
header information;
- newsgroup
violations including
posting the same or
similar message to large
numbers of newsgroups
(excessive cross-posting
or multiple-posting, also
known as "newsgroup
spam"), posting
binary files to
newsgroups not
specifically named for
that purpose, and
violation of newsgroup
charter or FAQ. The
poster is responsible for
determining the etiquette
of a given newsgroup,
prior to posting to it;
- use of
maillist, listserver or
any form of
auto-responder from a
subscriber's account;
- user
processes that run or are
activated while the user
is not logged in;
- group use
of Subscriber logins;
- use of
more logins then number
of accounts owned;
- Anti-Idle
and Re-connect devices,
hereby defined as the use
of programs or methods
that trick our systems
from disconnecting an
inactive user after a
pre-determined amount of
time, and/or a program
that connects or
re-connects the user's
session automatically and
without his manual
intervention, are
prohibited. East Tennessee Network
only permits active,
non-automated use of
dialup account, unless
contracted otherwise,
active is defined as 'a
human person interacting
continuously with the
service', which
specifially excludes
unattended usage such as
continuous automatic mail
polling, use of a
webbrowser with a web
page that automatically
reloads after a period of
time, use of interactive
chat services such as
IRC, automatic
web-roaming robots that
download large amounts of
data to the users
harddisk unattended or
other methods.
- Line
Camping, hereby
defined as the use of
dialup as a
semi-dedicated line as
well as the sharing of
facilities or the resale
of service, is not
permitted. Accounts found
in violation of this
policy shall be billed
the appropriate
commercial rate for such
use.
-
Session
limit. There is
a five (5) hour limit on
any connection session
however there is no limit
on the number of
sessions. In addition
there is also a thiry(30)
minute inactivity
timeout.
- Excessive
consumption of resources,
including CPU time,
memory, disk space and
session time. You may not
use resource-intensive
programs which negatively
impact other customers or
the performance of East Tennessee Network
systems or networks. East Tennessee Network
reserves
the right to terminate or
limit such activities.
You may not provide
network services from
your account (for
example, you may not use
your account to operate
an ftp or a web server).
- solicitation
of East Tennessee Network
Subscribers to become
subscribers of other
online services
competitive with East Tennessee Network
. Failure
to comply with system
rules may result in
suspension or termination
of Subscriber's account.
In the event account is
terminated under this
section or the System Rules, no
refund shall be due.
Subscriber
further agrees that if they
violate any portion of the System Rules
of these Terms &
Conditions that they will be
liable for all charges to remedy
the infractions they committed.
The additional pertain to
canceling the account, responding
to offended Internet users and
deletion of related e-mail in
response to such violations. The
rate shall be $60.00 per hour
with a four hour minimum.
Subscriber agrees to pay these
additional charges. In the case
of a credit card transaction,
Subscriber authorizes these
charges and agrees not to contest
these charges with their credit
card company and further waives
all chargeback options Subscriber
may have with their credit card
company.
Telephone
Charges. Subscriber is
responsible for providing all
telephone, modem and other
equipment required to access East Tennessee Network
. Subscriber
agrees to be responsible for all
telephone charges, if any,
incurred by Subscriber in
accessing East Tennessee Network
. East Tennessee Network
's fees are
entirely separate from, and
wholly unconnected to, any of
these costs. Accordingly East Tennessee Network
assumes no
liability for any of these
expenses incurred by Subscriber
in accessing East Tennessee Network
.East Tennessee Network
will not
under under any circumstances
reimburse any customer for long
distance charges. It is the sole
responsibility of the customer to
determine if the number they are
calling is local.
Disk Space.
Subscribers have a 10 megabyte
limitation of disk space for all
storage of data (files,
directories, e-mail messages, web
pages). The Subscriber must
monitor and maintain all data and
delete or compress files if the
10 megabyte limit is reached or
exceeded. East Tennessee Network
reserves the
right to delete any data as
required to reach Subscriber's
space limit. Subscriber will not
be able to receive e-mail if
account exceeds disk limit.
Homepage
Content Guidelines East Tennessee Network
has
carefully developed the following
page content guidelines to
promote the free flowing exchange
of ideas about your interests,
activities, and hobbies, and at
the same time maintain standards
consistent with the Internet
community and the societies of
the world at large.Please refrain from
using your free Personal Home
Page for the following
activities:
Providing
material that is grossly
offensive to the Web community
including blatant expressions of
bigotry, racism, hatred, or
profanity Promoting or providing
instructional information about
illegal activities, or promoting
physical harm or injury against
any group or individual Using
your free Personal Home Pages for
commercial purposes, including
but not limited to the following:
Offering for
sale any products or services
Soliciting for advertisers or
sponsors Displaying a sponsorship
banner of any kind, including
those that are generated by
banner or link exchange services.
Displaying banners for services
that provide cash or
cash-equivalent prizes to users
in exchange for hyperlinks to
their web site Promoting or
soliciting for participation in
multi-level marketing or pyramid
schemes Conducting raffles or
contests that require any type of
entry fee
Displaying
material containing nudity or
pornographic material of any kind
Displaying material that exploits
children under 18 years of age
Developing restricted or
Password-only access pages, or
hidden pages or images (those not
linked to from another accessible
page) Using your page (or
directory) as storage for remote
loading or as a door or signpost
to another server Using your page
for acts of copyright
infringement including offering
pirated computer programs or
links to such programs,
information used to circumvent
manufacturer-installed
copy-protect devices, including
serial or registration numbers
for software programs, or any
type of cracker utilities
Violating Internet standards for
the purpose of promoting your
home page Developing pages that
consist of hyperlinks to content
not allowed in East Tennessee Network
Members are
solely responsible for everything
contained in their own Personal
Home Pages. East Tennessee Network
does not
verify, endorse, or otherwise
vouch for the contents of any
Personal Home Page. Members can
be held legally liable for the
contents of their Personal Home
Pages, and may be held legally
accountable if their Personal
Home Pages include, for example,
material protected by copyright,
trademark, patent, or trade
secret law without the permission
of the author or owner or
defamatory comments.
The member
agrees to indemnify and hold
harmless East Tennessee Network
for any
loss, liability, claim, damage,
and expenses (including
reasonable attorney fees) arising
from or in connection with the
contents of the member's Personal
Home Page. In the event that East Tennessee Network
receives a
complaint that the contents of a
personal home page infringe
intellectual property rights or
otherwise is unlawful, East Tennessee Network
shall
request written substantiation of
the complaint from the
complaining party, for example,
substantiation of proof of
ownership in the form of a
trademark, service mark, or
copyright registration and will
take such steps that it believes
to be appropriate under the
circumstances, including, for
example: 1.Suspend the site
immediately until the dispute is
resolved 2.Provide the member
with contact information for the
complaining party 3.Instruct the
member to contact the complaining
party to resolve the dispute
4.Inform the complaining party of
our actions and ask them to work
directly with the member Note:
All correspondence between the
parties must also be sent to East Tennessee Network
5.Take the
following action based on the
progress of the dispute: If the
member has not pursued resolution
within 14 days of notification,
the site is deleted If
complaining party has not pursued
resolution within 14 days of
member's response, the site is
re-activated If legal action is
pending or the dispute is not
settled, the site may remain
suspended until resolution is
reached and East Tennessee Network
is
notified by both parties as to
the outcome If a resolution is
reached between the parties, site
is reactivated with any mutually
agreed upon modifications East Tennessee Network
reserves
the following rights: To release
current or past member
information in the event East Tennessee Network
believes
that accounts are in violation of
the terms of service or content
guidelines, used to commit
unlawful acts, if the information
is subpoenaed, or when East Tennessee Network
deems it
necessary and/or appropriate. To
deny membership to repeat
offenders of these guidelines or
terms of service To amend or
change these guidelines at any
time and without notice
[PAYMENT
TERMS]
Payment
Responsibility. Subscriber
agrees to pay all charges for the
principal account and any
associate accounts registered to
Subscriber in accordance with
published rates. Accounts must be
prepaid.
Billing
Periods. Monthly, quarterly,
and annual billing periods are
available. Invoices for Monthly
billing will incur an additional
$1.25 charge.
Payment
Methods. All payments must be
in U.S. currency. Cash, Checks,
Money Orders and Credit Cards
(Visa, Mastercard, American
Express and Discover Card) are
accepted.
Discounts.
(1) Prepayment Discount - As an
incentive for quarterly or annual
prepayment, a discount is
offered. It is understood that no
refund shall be available if this
discount plan is selected. (2)
Teacher/Educators Discount -
Proof of current employment in
the education field is required.
(3) Discount programs are not
retroactive and will be applied
on next billing cycle. (4) All
discount programs are subject to
change.
Prices and
Price Changes. Price
schedules are published online.
Fees for services are subject to
change at East Tennessee Network
's sole
discretion. All price changes
will take place upon Subscriber's
next anniversary date for
payment.
Additional
Charges. Subscribers on the
10 hour per month plan or any
non-dedicated ISDN plan will
incur charges in addition to the
base charge if the base number of
hours is exceeded. Excess usage
will be billed at $1.25 an hour.
This additional amount will be
invoiced or charged on Subscriber
designated credit card the
subsequent month. This is
calculated on a monthly basis.
Check Payment.
Subscribers paying by check are
invoiced by U.S. mail and/or
e-mail approximately two (2)
weeks before the next installment
is due. If payment is not
received with ten (10) days of
the due date, service will be
suspended for a period of thirty
(30) days pending receipt of
payment. If payment is not
received within the thirty (30)
day period, the service will be
terminated.
Credit Cards.
Credit Card Subscribers authorize
East Tennessee Network
to charge the designated card on
each successive billing date
without further authorization
from Subscriber after the initial
charge. Each time you use East Tennessee Network
, you agree and
reaffirm that East Tennessee Network
is authorized to
charge your designated card. Your
card issuer's agreement governs
your use of your designated card
in connection with East Tennessee Network
; you must refer
to such agreement (not this
agreement) with respect to your
rights and liabilities as a
cardholder.
Changes in
Billing Data. Subscriber
agrees to provide East Tennessee Network
with accurate,
complete and current updated
information required for billing,
including Subscriber's name,
address, telephone number(s), and
payment information such as
authorization to charge
Subscriber's credit card together
with such credit card number and
expiration date.
Taxes.
Subscriber shall be responsible
for the gross amount of any
present or future federal, state,
municipal or other government
sales, use, excise, value added
or other similar taxes applicable
to the price, sales or delivery
of any services furnished
hereunder or to their use by
Subscriber.
Returned
Checks. All returned checks
will be charged a $25.00 return
check fee for each occurrence.
Late Charges.
Delinquent accounts are subject
to a finance charge equal to the
greater of 1.5% per month or the
maximum rate allowed by law on
the past due balance. Delinquent
accounts and collection attempts
may be reported to a certified
credit reporting agency.
Discrepancies
in Billing. Unless Subscriber
notifies East Tennessee Network
of any discrepancies or
irregularities within sixty (60)
days after they first appear on
your invoice or credit card
statement, they will be deemed
accepted by you for all purposes,
including resolution of inquiries
made by card issuer. SUBSCRIBER
RELEASES East Tennessee Network
FROM ALL
LIABILITY AND CLAIM OF LOSS
RESULTING FROM ANY ERROR OR
DISCREPANCY THAT IS NOT REPORTED
TO East Tennessee Network WITH
SIXTY (60) DAYS OF ITS
PUBLICATION DATE. [TERMINATION]
Subscriber
Cancellation. Subscriber must
notify East Tennessee Network
in writing via U.S. Postal
Service [P.O. Box 626, Blountville, TN 37617]
or by fax [(423)323-5763] of intent
to cancel account(s). Written
notification shall contain
Subscriber's name, login, date of
cancellation and Subscriber's
signature. Fees for any setup and
the first month's service are not
refundable, unless Subscriber is
unsuccessful in using the account
and notifies East Tennessee Network
with ten (10)
days of establishing said
account. Accounts in which a
discount was taken will terminate
on the account expiration date
following notice of cancellation;
in these cases no refund will be
due. Subscriber accounts are not
"monitored" for
inactivity and East Tennessee Network
does not assume
a wish to cancel if account is
not used. There are no refunds
for time not used.
Secondary or
Associate Accounts. In the
event a Primary or Principal
account is terminated, all
secondary or associate accounts
shall also terminate. If the User
of a secondary or associate
account wishes to continue their
accounts, they must make
arrangements to convert their
account to a regular account.
East Tennessee Network
Cancellation.
East Tennessee Network
reserves the right to cancel
service for any reason without
prior notice. When an account is
canceled for violation of
published terms and conditions,
no refund shall be due.
Balance Due at
Cancellation. Termination or
suspension of service shall not
relieve Subscriber from the
obligation to satisfy outstanding
invoices. In the event collection
effort is required, Subscriber
shall be responsible for all
costs of collections including
attorney fees. [OTHER CONDITIONS]
Severability.
In the event that any portion of
these Terms and Conditions is
held to be invalid or
unenforceable, the invalid or
unenforceable portion shall be
construed in accordance with
applicable law as nearly as
possible to reflect the original
intentions of the parties and the
remainder of the provisions shall
remain in full force and effect,
and all provisions of these Terms
and Conditions which operate to
protect the rights of East Tennessee Network
shall continue
in force even in the event of
termination of these Terms and
Conditions on other grounds.
No Waiver. East Tennessee Network
's failure to
insist upon or enforce strict
performance of these Terms and
Conditions shall not be construed
as a waiver of any provision or
right.
Governing Law.
This agreement is governed by the
laws of the State of Tennessee.
Both parties consent to the
exclusive jurisdiction and venue
of courts in Sullivan County,
Tennessee in all disputes arising
out of or relating to this
Agreement.
Captions and
Headings. The various
sections of these Terms and
Conditions are for convenience
only and carry no legal effect
and shall no way effect the
interpretation or construction of
the provisions of this agreement.
Relationship of
Parties. Subscriber
acknowledge that no joint
venture, partnership, employment,
or agency relationship exists
between Subscriber and East Tennessee Network
. Subscriber
agrees not to hold itself out as
a representative, agent or
employee of East Tennessee Network
, and that East Tennessee Network
will not be
liable by reason of any
representation, act or failure to
act by the Subscriber.
Term and
Modification of Agreement.
This Agreement takes effect on
the date application is processed
and continues until account is
terminated either by Subscriber
or East Tennessee Network.
This Agreement may be changed or
modified from time to time by East Tennessee Network
. Notice of such
changes may be provided online or
by mail. Use of any East Tennessee Network
service
following the implementation of
any such changes or modifications
shall constitute acceptance of
any such changes and/or
modifications.
Complete
Agreement. This Agreement
represents the entire agreement
between Subscriber and East Tennessee Network
and supersedes
all prior agreements, oral or
written. Copyright
© 1998 East Tennessee Network, Inc.
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