Acceptable Use Policy
All customers and all others who use the Service (the "customer," "user," "you," or "your") of Eastern Indiana WIFI,Inc., herein referred to as Company must comply with this Policy. Your failure to comply with this Policy shall result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify us so that your account can be closed.
Company does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the Company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Company has no obligation to monitor the Service and/or the network. However, Company and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Company users.
If the Service is used in a way that Company or its suppliers, in their sole discretion, believe violates this Policy, Company or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Company nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Company's exclusive remedies and Company may take any other legal or technical actions it deems appropriate with or without notice.
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Company Equipment, either individually or in combination with one another to violate the terms of this agreement.
The following are violations of this agreement:
unauthorized copying of copyrighted material included but not limited to: digitalization and distribution of photographs from magazines, books, or any other copyrighted material or sources including software;
threatening of bodily harm or the threat of property damage to groups or individuals;
making or taking part in fraudulent offers or products, items or services originating from your account;
attempting to access accounts of anyone other than your own, attempting to penetrate ("hacking") security measures of Company, whether or not the intrusion results in data corruption or loss;
the unauthorized use of a person's name or likeness;
access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
copy, distribute, or sublicense any proprietary software provided in connection with the Service by Company or any third party, except that you may make one copy of each software program for back-up purposes only;
distribute programs that make unauthorized changes to software (cracks);
service, alter, modify, or tamper with the Company Equipment or Service or permit any other person to do the same who is not authorized by the Company;
connect the Company Equipment to any computer outside of your Premises;
interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
engage in conduct that would expose Company or its service providers to civil or criminal liability;
assist others in engaging in prohibited conduct;
sell or otherwise transfer this Service to any user not located within the household unless granted explicit written permission from Company. This list is not intended to be exhaustive.
send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable without explicit written consent;
No spamming is allowed. Anyone sending mass mailed messages to more than 30 recipients will be considered spammers and lose all rights to the services offered here and be subjected to a fine. Spamming is defined as sending unwanted, unsolicited email to those who have not requested or invited the message. In no way does Company provide open relaying services to users not within our network.
The following are considered violations of this Policy:
send "spam," chain letters, or other unsolicited communications to any party;
create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay");
"spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication;
posting or emailing of scams or "get rich quick" schemes, pyramid type or chain letters, subscribing others to a mailing list without their prior consent or knowledge or approval;
harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;
disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information;
harassing others by "mail-bombs". Mail bombing is here defined as the sending of more than 10 like messages to the same address or by the sending of more than 10 MB of data to a newsgroup. The sending of unsolicited email messages where the recipient objects to the content of the material sent;
send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
send or receive material containing defamatory, false, or libelous material;
send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships;
In cases of willful violations of this provision, the Offender(s) agree to pay Company $200.00 for every day the violations occur over and above any fines and damages incurred to Company. The Offender(s) also agree to pay any and all legal costs or fees involved with the apprehension and investigations of such activities.
The services sold & provided by Company are designed and sold as "personal" and/or "inner" Company Internet connections.
You may NOT use residential services for ANY commercial purposes without written consent.
You may NOT run a server of ANY kind without a written agreement from Company without written consent.
Examples include but are not limited to: mail, FTP, HTTP, IRC, DHCP or interactive multi-user forums
NO RESELLING or SHARING of the Internet connectivity without written consent. Anyone that is caught reselling or sharing their connection will be formally charged on all accounts and prosecuted to the fullest extent provided by law.
"Always On" means the ability to achieve service to the web in an unlimited and always available connection. In no way or implication does Company, guarantee or offer to deliver for the residential or business connections an unlimited amount of data transfer for a basic monthly price.
Residential & Basic Business
No repetitive, persistent or consistent "pinging" on any scheduled or fixed rate of time is authorized.
Company reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Company has established a monthly data consumption threshold per Internet account. Accounts are limited to 30 Gigabytes ("GB") for each residential account and 50 Gigabytes ("GB") for each small business account. Any usage exceeding these limits may be charged at $5.00 per Gigabyte or any portion over a Gigabyte. Use of the Service in excess of these monthly limits is excessive use and is a violation of this Policy.Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP") and (ii) peer-to-peer applications. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by Company in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Company's ability to deliver and monitor the Service or any part of its network. Company's determination of the data consumption for Service accounts is final.
Company is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Company's Policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company, in its sole discretion, believes is infringing these rights. Company may terminate the Service at any time with or without notice for any affected customer or user. If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Company.
The customer agrees to indemnify, defend, and hold harmless the Company from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from the actions of the Company which damage either the customer, the Company, or any other party or parties without limitation or exception. This indemnification agreement extends to all issues associated with the customer's account.
All accounts are due 30 days after invoice date of each month. All accounts not paid in full on the 31st are considered "overdue" and service may be suspended. There may be a $25.00 reconnect fee if your service is suspended due to non-payment or Policy violation.
All payments returned due to "insufficient funds" may be charged $25.00. Services may also be suspended if not rectified within 15 calendar days. Claims may be turned over to Small Claims Court. All costs related to the collection of "insufficient funds" check, electronic or otherwise, will be charged back to the check writer.
Engaging in any of the above activities can result in the immediate termination of all services of Company. The failure of Company to enforce the Policy, shall not be construed to be a waiver of Company's rights to enforce the Policy at any time.
You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will be in full force and effect.
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