This document represents the
complete agreement between Gazette Record Internet and the account
holder. This document supersedes any other written or oral agreement.
Changes may be made to this document at the discretion of Gazette
Record Internet, and the Last Update date shall be modified
at this time. All clauses apply to all users, including but
not limited to dial-up, frame and ADSL unless otherwise noted.
Use of service after this date constitutes acceptance.
If you do not agree to these terms and conditions,
please notify our billing department so we may initiate a closure
of your account.
THE SERVICES ARE PROVIDED ON AN "AS IS"
BASIS AND THAT USE OF THE SERVICES BY THE CUSTOMER IS AT THE
CUSTOMER'S OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING THE CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT:
1. Routine maintenance and periodic system repairs,
upgrades and reconfigurations, public emergency or necessity,
restrictions imposed by law, acts of God, labor disputes and
other situations, including mechanical or electronic breakdowns
may result in temporary impairment or interruption of service.
As a result, Gazette Record Internet does not guarantee continuous
or uninterrupted service and reserves the right from time to
time to temporarily reduce or suspend service without notice.
The Customer shall indemnify and hold Gazette Record Internet
and it's directors, officers, employees, and agents harmless
from any and all obligations, charges claims, liabilities, and
fees incurred as the result of interruptions or omissions of
service.
2. Gazette Record Internet does not represent
or warrant that any Service will be uninterrupted, error-free
or free from viruses or other harmful components.
3. All conditions, representations and warranties,
whether express or implied, including but not limited to any
implied warranty of merchantability, fitness for a particular
purpose or title or non-infringement are disclaimed and expressly
excluded from this Agreement, except to the extent such disclaimer
is prohibited by law.
4. Gazette Record Internet is not responsible
for the content of the information and material available through
the Internet. Gazette Record Internet makes no representations
or warranties and gives no guarantees as to the quality, suitability,
truth, accuracy or completeness of any information or materials
contained on the Internet. Any questions regarding any such
information or materials should be directed to the providers
of such information or materials.
5. Gazette Record Internet will not be liable
for any claims arising either directly or indirectly from the
accessing, downloading, installation, use, reproduction of and
or receipt or distribution of any information or material through
any Services.
6. Gazette Record Internet will not be liable
for any direct, indirect, punitive, special, incidental or consequential
damage (including loss of business, revenue, profits, use, data
or other economic advantage) however such damage may arise,
whether in tort as a result of breach of contract, even if Gazette
Record Internet has been previously advised of the possibility
of such damage.
7. The Customer acknowledges the inherent risks
to security, confidentiality and privacy of wireless communication
and agrees that he, she or it is solely responsible for ensuring
the security of his, her or its data and/or equipment used in
connection with the Services and that he, she or it will not
may any claim against Gazette Record Internet for re-run time,
lost data, inaccurate output, work delays or lost profits resulting
from the use of the Services.
Billing
Gazette Record Internet does not require an annual
contract for services. All services are provided on a month-to-month
basis and no refunds will be made for partial months used. You
may terminate your account at any time and for any reason by
providing notice of intent to terminate
All payments are due on the first day of each
month and payment must be received no later then the 10th of
each month. Client's account will be terminated if payment is
not received within this time frame unless other arrangements
have been made with Gazette Record Internet billing. Gazette
Record Internet may, in its sole discretion, suspend or cancel
a delinquent account. All invoicing will be done paperless through
your email. It is the Customer's responsibility to provide the
email address of your choice to Gazette Record Internet. Payment
of the previous unpaid balance is required prior to re-establishing
disabled accounts.
Suspension or cancellation of a delinquent account
by Gazette Record Internet will not relieve the Customer of
responsibility for all charges accrued to the date of suspension
or cancellation or for all late charges, collections fees or
similar amounts incurred in connection with the account. Gazette
Record Internet may terminate a Customer's account at any time
and for any reason including, without limitation, if the Customer
is in breach of any part of this agreement. If the Customer
is terminated by Gazette Record Internet for an overdue payment,
violation of the Acceptable Use Policy or any other reason at
the sole discretion of the Gazette Record Internet, the Customer
shall not be entitled to a refund.
Accepted User Policy
Users of Gazette Record Internet's Services must
be at least eighteen years old or have the consent of their
parents or legal guardians. Therefore, if the Customer is an
individual, he or she certifies that he or she is at least eighteen
years old. Each Customer assumes all responsibility for the
use of the Services and his, her or its account by underage
users.
Gazette Record Internet's network can only be
used for lawful purposes. The transmission of any material in
violation of any local, state, national, or international law
or regulation is prohibited. This includes, but is not limited
to, copyrighted material, material, material legally judged
to be threatening or obscene, material protected by trade secret,
or material that is otherwise deemed to be proprietary or judged
by Gazette Record Internet to be inappropriate or improper such
as bulk e-mail messages. Gazette Record Internet does not censor
information transmitted over our service with the exception
of that information deemed illegal. Such activities may include
fraud, child pornography, infringement of intellectual or property
rights, hacking or otherwise seeking unauthorized electronic
access, illegal export of software, spamming, distribution of
viruses, mail bombing, forging of electronic headers and distribution
of chain or pyramid schemes. This list is representative and
is not inclusive. Gazette Record Internet will cooperate with
legal authorities in the investigation of criminal or civil
infringements.
Gazette Record Internet respects the privacy of
our account holders. While we retain the right to access personal
email accounts, utilize account holder passwords and monitor
system traffic, Gazette Record Internet will not do so except
in the course of troubleshooting individual or server problems.
Gazette Record Internet will make a good faith attempt to verify
the identity of customers requesting passwords, password changes,
mail forwarding, account closures or other changes in service.
The Customer and members residing within your
immediate premises are the only authorized users of your Gazette
Record Internet account and must comply with this agreement.
You must keep your password confidential so that no one else
may access the services through your account. You must notify
Gazette Record Internet immediately upon discovering any unauthorized
use of your account. Only computers residing within the premises
may be connected to the Gazette Record Internet. Customer's
providing third-party clients with connectivity to the Gazette
Record will be disconnected immediately with no refunds. The
account holder may allow other users to utilize additional email
addresses associated with the primary account, but at no time
may more than one modem connection be made with the primary
account. Gazette Record Internet access may be installed on
multiple computers so long as the limit of one modem connection
per primary account is respected.
Subscribers shall not establish internet servers
of any kind, including without limitation, Web, E-mail, Games,
FTP or the like, without prior written authorization or agreement
from Gazette Record Internet. The Gazette Record Internet may
modify these terms and conditions upon written notice published
on its website. The Customer's continued use of service after
such notice shall constitute the Customer's acceptance of the
modification of this Agreement implied in fact.
Access Agreement
Although lower speeds may function, Gazette Record
Internet makes no guarantees concerning the functionality of
modems slower than 26.6k Modems utilizing an RPI (Rockwell Protocol
Interface) chipset also may function but are not guaranteed
to work with Gazette Record Internet.
V90 is available where facilities permit and is
offerered byGazette Record Internet for the benefit of account
holders who have purchased V90 modems. Not every account holder
will be able to achieve the maximum theoretical speed of their
modem due to limitations in the public phone systems. Please
check your modem vendor's home page for more information on
limitations.
Gazette Record Internet provides local dial-up
numbers in St. Maries only. Gazette Record Internet is not responsible
for line charges incurred when dialing long distance in order
to access the Gazette Record Internet modem pools.
Modem connections will be terminated after twenty
minutes of non-interactive activity. Non-interactive activity
is the lack of modem activity caused by direct human input.
This includes ping programs, automatic mail checking, automatic
redialing or other computer generated activity. Gazette Record
Internet modem pools are for the use of computers being actively
used by humans.
Gazette Record Internet service, while having
no monthly or daily limits, is not intended to provide full-time
connections, and modem connections can be terminated after sessions
of excessive length, currently set at sixteen hours. If the
modem connection was actively being used, the customer may connect
again for another eight hour session. Gazette Record Internet
provides access to a shared modem pool, please allow other account
holders opportunity to access this pool. Account holders should
keep the connection open only when actively using it, and may
not use any automatic method to avoid inactivity disconnects.
Intentional use of automated methods to avoid idle timeouts
of modem connections is prohibited. This includes the use of
automatic re-dialers to reinstate an idle connection.
Gazette Record Internet accounts should not be
used in any attempt to gain unauthorized access to other computer
systems. Port scanning or sniffing, exploitation of known security
holes, execution of compiled hacking tools or use of anothers'
password are all grounds for termination of account.
The account holder agrees to not, under any circumstances,
post messages to newsgroups, mailing lists, or similar public
forums if any of these forums pertain to subjects not directly
related to the main topic of the posting or if the posting would
be considered inappropriate for any other reason. This applies
to both business and non-business oriented postings.
Unsolicited email, sometimes referred to as (spam), is email
which is unsolicited and sent for the purpose of selling the
recipient goods or services. Common forms of spam include make
money fast schemes, pyramid marketing schemes, work at home
schemes and questionable products or pornography.
Any use of Gazette Record Internet system resources
that disrupts the normal use of the system for other Gazette
Record Internet customers, is considered to be abuse of system
resources and is grounds for termination of account. To protect
network resources, Gazette Record Internet reserves the right
to restrict, limit or deny peer-to-peer file sharing protocols.
