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Wireless
Service Acceptable Use Policy
Note: All users are bound
by this terms of service.
("Grice Computer Consulting"
also known as GCC) agrees to provide you ("User") with those
services ("Service") set forth on the Application subject
to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE
EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
GCC exercises no control whatsoever over
the content of the information passing through GCC's system.
Use of any information obtained via GCC AirNet is at User's
risk. Neither GCC nor any of its affiliates, its licensers,
its contractors or their respective employees warrant that
the Service will be uninterrupted or error free; nor does
GCC make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY GCC, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
GCC NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GCC, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM
USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE
INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH
THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION
OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
GCC IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF
THIS AGREEMENT, GCC'S LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT
THE CURRENT TERM. If User
is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of GCC in operating
the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Indemnification
Notwithstanding anything to the contrary
herein contained, User agrees to indemnify and hold GCC, its
affiliates, its licensers, its contractors or their respective
employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's
fees and cost of litigation) incurred or suffered by GCC, its
licensers, its affiliates, its contractors, or their respective
employees as the result of any and all use of User's account
whether authorized or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms of this Agreement
by User, including but not limited to claims, liabilities, losses,
damage, judgment and expense which arise out of alleged injury
or death of any person or damage to property of every kind and
description. User shall promptly notify GCC in writing of any
claim of which it is obligated under this indemnity. User shall
have the right to assume the defense of any such claim. User
and GCC shall confer as to and agree on the legal counsel(s)
to be selected in any such defense. Age
Limit
User represents to GCC that he or she
is 18 years of age or older. User understands that certain materials
available from Service provided under the terms of this Agreement
may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet
contains unedited materials some of which are sexually explicit
or may be offensive. User accesses such materials at his or
her own risk. GCC has no control over and accepts no responsibility
whatsoever for such materials. Prohibited
Uses
User may not:
restrict
or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state,
national or international law, including without limitation
the U.S. export control laws and regulations;
post on web space provided any sexually
explicit materials or materials that may be offensive.
post or transmit any information or software
which contains a virus, cancel bot, Trojan horse, worm or
other harmful component;
post, publish, transmit, reproduce, distribute
or in any way exploit any information, software or other material
obtained through the Service for commercial purposes (other
than as expressly permitted by the provider of such information,
software or other material);
upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other material
obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect
thereto, without obtaining permission of the copyright owner
or right holder;
upload, post, publish, transmit, reproduce,
transmit or distribute in any way any component of the Service
itself or derivative works with respect thereto;
send unsolicited advertising or promotional
materials to other network users (See section titled "MESSAGING");
allow users to run Mail list, Listserv
or any form of auto-responds from User's account;
run or activate processes while User is
not logged in;
violate the security of any computer network,
crack passwords or security encryption codes, transfer or
store illegal material including that deemed threatening or
obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system
tool intended to enforce the part-time and personal nature
of User's connection, including the use of ping bots and other
methods of avoiding timing disconnection (See section titled
"LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and
policies of those networks and computer systems accessed via
User's account.
GCC has no obligation to monitor the Service.
However, User agrees that GCC has the right to monitor the
Service electronically from time to time and to disclose any
information as may be necessary to satisfy any law, regulation
or other governmental request, to operate the Service properly,
or to protect itself or its subscribers. GCC will not intentionally
monitor or disclose any private E-mail message unless required
by law. GCC reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in
its sole and absolute discretion, are unacceptable, undesirable,
or in violation of this Agreement. GCC reserves the right
to suspend access to the Service for User's account. The account's
suspension may be rescinded within the sole and absolute discretion
of GCC following payment of a reconnection charge, to be determined
by GCC in its sole and absolute discretion.
Messaging
User agrees to limit their use of the
GCC service, specifically regarding the use of GCC's electronic
(email) services, to the following restrictions: Unauthorized
Use of Relay Servers
User agrees that any unauthorized use
of any email server located throughout the Internet for the
purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution
of any email message where the return address, originator's
address, or any other identifiable aspect of the message has
been purposefully altered, is prohibited. User may not purposefully
misrepresent the origination information of any email messages
sent while using the GCC service. Fraudulent
Content
User agrees to be held responsible
for the distribution of fraudulent materials. VIOLATION
OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS,
RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION
OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF
$200. GCC RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD,
IF ON FILE FOR USE IN PAYMENT OF GCC SERVICES, A ONE-TIME
FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR GCC SERVICE VIA CASH, CHECK, OR MEANS OTHER
THAN CREDIT CARD, GCC RESERVES THE RIGHT TO INVOICE AND HOLD
USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION
OF GCC SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting
Services
Although GCC advertises "Unlimited
Bandwidth" in regards are several limitations applied. The sole
purpose of these limitations are intended of unnecessary use
of GCC services by any such User, which restricts system availability
for other such Users. These limitations apply only to Hosting
offered by GCC. Restricted
Content
You agree not to post any of the following
restricted contents: Illegal, Abusive or Unethical Activities
include, but are not limited to, pornography, obscenity, nudity,
violations of privacy, hacking, computer virus, gambling, or
promotion of gambling, and any harassing or harmful materials
or uses, as determined by us. You agree to indemnify and hold
us harmless from any claim resulting from your publications
or use of Illegal, Abusive or Unethical materials.
Bandwidth Restrictions
Although we advertise unlimited bandwidth,
we reserve the right to inform you that you must transfer your
website if an excessive amount of bandwidth is being used. If
the request is not met within 5 days, we do reserve the right
to remove the website from our system. Limitation
of Dial-Up Services
Although GCC advertises "Unlimited
Access" in regards to some of it's Dial-Up services, there are
several limitations applied. The sole purpose of these limitations
are intended to limit the amount of unnecessary use of GCC services
by any such User, which restricts overall GCC system availability
for other such Users. These limitations apply only to Dial-Up
access services offered by GCC. Idle
Timeout
User agrees to have their online session
automatically terminated after twenty (20) minutes of consecutive
inactivity. Inactivity is defined as less than 500 bytes of
data transferred between User's modem and the GCC service.
Maximum Single Dial-up Session
User agrees to have an online session
automatically terminated after eight (8) hours of consecutive
time, regardless of data transferred during such specific online
session. Minimum Dial-up
Re-Connect Limit
User understands they cannot log back
onto the GCC system for a time period of one (1) minute following
the termination of their previous online session, regardless
of the reason for the previous session's termination.
Multiple, Concurrent Online
Sessions
User agrees to maintain no more than
one (1) concurrent online session for each PPP/ISDN account
purchased. Terms of
Payment
A credit card User agrees to allow
GCC to bill his or her card on each successive billing date
without obtaining User's permission after the initial charge.
A credit card User shall notify GCC of any changes in credit
card number or expiration date. If the card is not honored for
any reason, GCC will attempt to notify the card holder by using
the telephone information given at sign-up or by Email. GCC
will call the card holder, and if alternative billing has not
been established, the account will be terminated. Restoring
the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates
are indicated on User's invoice. Dishonored checks are subject
to a collection fee to be determined by GCC in its sole and
absolute discretion and User's account may be suspended until
the account is current. If payment is not received , service
will be terminated and a setup fee of $10.00 will be added
to charges for additional Service.
GCC maintains the right to terminate Service
for any unpaid subscriptions. Accounts in default are subject
to an interest charge of 2.5% per month on the outstanding
balance. Termination of Service shall not relieve User from
the obligation to satisfy outstanding invoices. In the event
GCC utilizes an attorney to collect any unpaid amounts, User
shall be responsible for the payment of all of GCC's attorneys'
fees and costs in the collection of these sums.
GCC reserves the right to change prices
at any time without prior notice to it's customers or the
public. Price changes will not be retroactive for existing
customers, regardless of the length of their existing service
subscription.
Right to Cancel
GCC reserves the right to cancel Service
for any reason without prior notice. Pre-paid service is non-refundable.
GCC will not refund any shipping or handling fees. Cancellations
after the first of the month will be charged for next billing
cycle. User must notify GCC in
writing to cancel Service. Cancellations shall not be honored
by electronic mail. Fees for any setup, shipping and handling,
and monthly service charges placed by GCC are non-refundable.
No Confidentiality
Information transmitted through GCC
and through the Internet in general is not confidential. GCC
can not and shall not guarantee privacy or protection of any
User. GCC reserves the right to monitor any User's transmissions
when deemed necessary for providing proper service and/or to
protect the rights and property of GCC. Customer
Information
Unless required by court order, subpoena
or other legal request, or upon the advice of counsel, GCC may
publish User's name and other consumer information in one or
more directories which may be accessed by other Internet users.
In addition, unless User notifies GCC to the contrary as provided
above, GCC may make such information available to third parties
from time to time. User understands further that merchants on
the Internet may have access to such information and may make
it available to third parties in accordance with their normal
practices unless User notifies those merchants directly that
User does not wish such information to be made available.
Non-transferable
The right to use the Service is not
transferable. Accounts are for User's use only. User shall be
responsible for the confidentiality of User's password. Loaning
User's account to others, connecting a system used by multiple
persons, group use of user log-ins, and consuming more than
one modem line are explicitly prohibited. If User has multiple
accounts, then User shall be limited to one log-in session per
system account at any time. Violation of those terms shall constitute
theft of Service and may be prosecuted under civil and criminal
law. Purchases on
the Service
If User wishes to make purchases on
the Service, User may be asked by the merchant or information
or service provider from whom User is making the purchase to
supply certain information, including credit card or other payment
mechanism information. User agrees that all information User
may provide any merchant or information or service provider
on the Service for purposes of making purchases shall be accurate,
complete and current. The merchants and information and service
providers offering merchandise, information and services on
the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred
by users of User's account and credit card or other payment
mechanism at the prices in effect when such charges are incurred.
User shall also be responsible for paying any applicable taxes
relating to purchases on the Service. No
System Backup
GCC does not and will not perform system
backups on any User's Email account(s). GCC shall not be held
responsible for any lost Email data, email attachments, or any
Email message contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein,
GCC will not provide historical data, to any party for any reason,
regarding any system or Internet activity. GCC
does not and will not perform system backups on any User's
personal web site account(s). GCC shall not be held responsible
for any lost web data, web files, or any web site contents,
regardless of the reasoning for data loss or system causes.
Except as otherwise set forth herein, GCC will not provide
historical data, to any party for any reason, regarding any
system or Internet activity.
Failure to Comply With Terms
and Conditions
GCC may deny User access to all or
part of the Service without notice if User engages in any conduct
or activities that in its sole discretion believes violates
any of the terms and conditions in this Agreement. If GCC denies
User access to the Service because of such a violation, User
shall have no right (1) to access through GCC any materials
stored on the Internet, (2) to obtain any credit(s) otherwise
due to User, and such credit(s) shall be forfeited, (3) to access
third party services, merchandise or information on the Internet
through GCC, and GCC shall have no responsibility to notify
any third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from lack
of notification. Miscellaneous
User agrees to remain signed into the
network only when actually making use of same, and to disconnect
when idle for significant periods of time (more than 10 minutes).
User also agrees to not remain connected to GCC's system for
periods exceeding (8) eight hours, in any single continuous
session. User authorizes GCC to enforce these restrictions by
appropriate software and network measures, automated and manual.
User agrees to notify GCC if User
moves or otherwise changes his or her mailing address or phone
number, and to list a truthful name, postal address and telephone
number on the forms User supplies to GCC.
In the event that any portion of this Agreement
is held to be unenforceable, the 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.
GCC's failure to insist upon or enforce
strict performance of any provisions of this Agreement shall
not be construed as a waiver of any provision or right. neither
the course of conduct between parties nor trade practice shall
act to modify any provision of this Agreement.
GCC may modify this Agreement from time
to time by placing a notice of such modification on our website,
and User's continued use of the Service following notice of
such modification shall be deemed to be User's acceptance
of any such modification. It is User's responsibility to check
this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification
of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and
construed in accordance with the laws of the State of Oklahoma
without regard to its conflicts of law provisions. Any cause
of action User may have with respect to the Service must be
commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
GCC shall not be liable or deemed to be
in default for any delay or failure in performance under this
Agreement or interruption of service resulting directly or
indirectly from acts of God, civil or military authority,
acts of public enemy, war, riots, civil disturbances, insurrections,
accidents, dire, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials,
labor or transportation or any cause beyond the reasonable
control of GCC.
Venue for litigation of any dispute, controversy,
or claim arising out of, in connection with, or in relation
to this Agreement, or the breach thereof, naming GCC as the
defendant, shall be proper only in a venue determined by GCC.
In any action between GCC and User to enforce
any of the terms of this Agreement, GCC shall be entitled
to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and GCC with respect to the Service.
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