Terms of Service and Acceptable Use Policies
Thank you for choosing AlaNet Internet Services, Inc. (hereinafter "AlaNet") as your Internet Service Provider. When using AlaNet's service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure that you and all other AlaNet customers have a high quality service that is being used appropriately by all customers. By establishing and using your AlaNet account, you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies: AlaNet is a private company providing a commercial gateway to the Internet. AlaNet's equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise enjoy all legal aspects of the Internet, subject to these Terms and Policies (referred to in this document as "the Service").
This service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
AlaNet grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license, or transfer any rights or obligations of the Service without the express written consent of AlaNet.
2. Coverage: If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
3. Prices and Charges: AlaNet charges are as follows:
Charges are due within 15 days of the date on AlaNet's invoice. If you fail to pay for your account for 30 days after the date of the invoice, AlaNet may without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that AlaNet terminates your account. If AlaNet incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount you owe. A late of 1.5% per month or $1.50 per month (whichever is greater) will accrue on any payments received after the due date. Any checks returned by the issuing institution will be charged a processing fee of $20.00.
4. Term: The Service is provided to you on either a month-to-month, every 6 or 12 months basis. AlaNet must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 20 days prior to your service term anniversary, or the Service will be provided and charged to you for the following month, 6 or 12 month term. Your service renewal will match your past service term selection.
5. Grounds for Suspension and Termination: You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for AlaNet to suspend or terminate your account. You agree that AlaNet has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming");
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient;
d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;
e. Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, excessive download traffic for the Subscriber's web page or site, sending excessive e-mail traffic, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups;
g. Using the Service to operate server programs, including but not limited to mail servers, IRC servers, ftp servers or web servers.
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;
l. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s) or the ir connectivity, including but not limited to syn flood attacks and smurfing,
m. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
6. Security: You agree not to access or attempt to access private areas of the Service. You agree to notify AlaNet as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property: AlaNet does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If AlaNet is informed of an alleged copyright or trademark infringement on the Service, AlaNet will attempt to notify the effected Subscriber(s) of those allegations and secure a response. AlaNet may, at its sole discretion, remove on a temporary or permanent basis, materials which AlaNet believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against AlaNet for any such removal.
8. Liability: You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by AlaNet, neither AlaNet nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. AlaNet neither endorses nor is responsible for the accuracy of such material, and you agree that AlaNet is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on AlaNet's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless AlaNet and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service which results in damages to AlaNet as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.
9. Warranty: AlaNet MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY AlaNet OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY AlaNet ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; AlaNet DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. AlaNet DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
10. Content: You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. AlaNet has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
11. Dial-up Connection: AlaNet may terminate a dial-up Subscriber's connection following 15 minutes of inactivity as determined by AlaNet. All connections are terminated after 5 hours to conserve resources on our network. Attempts to defeat this mechanism may result in termination of service.
12. Privacy: AlaNet commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. AlaNet will not provide names, addresses, telephone numbers, e-mail addresses, usernames, passwords, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. AlaNet may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. AlaNet may provide aggregate data on Subscribers to third parties.
14. Changes: AlaNet may change at any time and for any reason these terms of service and acceptable use policies. Revised terms and policies will be posted at http://www.ala.net. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, you must inform AlaNet in writing at once, and your account will be closed.
15. Payment and Correspondence: To insure proper credit to your account, regular monthly payments should be mailed or brought to the Sitestar office. No other agencies or companies (other than our collection agency for past due accounts) are authorized to collect payments for the Service. Payments, cancellation notices, and other correspondence should be mailed to:
Last Updated: Thursday, March 18, 1999