BTInet Acceptable Use Policy

Transcription

1 BTInet Acceptable Use Policy SECTION ONE - NOTICE By using any of the services offered by BTInet, you become a party to this agreement and shall be bound by all of the terms and conditions set forth below. It is your responsibility to read, understand and abide by all of the provisions of this agreement. If you do not agree to all of the terms of this agreement, contact Basin Telecommunications, Inc. immediately to arrange cancellation of your service(s). SECTION TWO - INTRODUCTION BTInet is an integrated system offering a variety of Internet-related services. BTInet is operated by Basin Telecommunications, Inc. ( BTInet ), a North Dakota business corporation with offices in Bismarck, North Dakota. SECTION THREE - SERVICES BTInet services (the Service ) are provided upon the terms and conditions stated in this Agreement. The services provided by BTInet pursuant to this Agreement consist of the following: Internet Access Dialup Digital Subscriber Line (DSL) Fixed Wireless Dedicated T1 Hosting Web Site Hosting Dedicated Server Hosting Database Services Firewall/Virtual Private Network (VPN) Services DNS Hosting Domain Name Registration Ancillary Services IP Addresses SSL Certificates SPAM Filtering/Virus Scanning Certain services provided by BTInet have terms and conditions that are specific to that service, and are in addition to the general terms and conditions stated in this Agreement. These specific terms and condition are as follows: Dialup Access BTInet will provide you a selection of telephone numbers available to use to connect to the Service, which for most customers will include a local number. You are responsible for choosing the most appropriate telephone number for your usage, and for all telephone fees and charges associated with the use of the telephone number you select. Use of the Service, and of specific telephone numbers, is subject to interruptions at BTInet s discretion or beyond BTInet s control.

2 DSL Access BTInet DSL Internet access also requires DSL service from Qwest or Orbitcom, for which separate fees, charges, terms and conditions apply. You are responsible for payment of any and all fees charged for products and services by Qwest/Orbitcom. You are also responsible for understanding and agreeing to the terms and conditions required by Qwest/Orbitcom. BTInet provides technical support for single computer connections only, and does not provide any networking support. You are responsible for any and all equipment, devices and software (other than that provided by Qwest, Orbitcom or BTInet) you choose to install or use to receive or use the Service. BTInet assumes no responsibility for any problems or nay guarantee for the resolution of any problems, caused by the installation or use of any customer-installed equipment, devices or software. Fixed Wireless Access Due to the nature of wireless technologies, the Service area is limited, and the network coverage is neither defined nor guaranteed. The distance from tower locations and the presence of obstacles (trees, buildings, etc.), now or in the future, may have an adverse effect on the performance and availability of the Service. BTInet is not responsible for the consequences of your inability to access the Service due to these reasons. Internet file sharing through peer-to-peer (P2P) networks I not allowed using the Service. Any P2P activity identified will result in immediate suspension, and possible termination, of your service without any prior notifications from BTInet. Specific software and antenna equipment is required to access the Service. Purchase of this software and equipment from BTInet requires a 12-month service commitment. Terminations of Service prior to the satisfaction of your 12-month commitment will require you to pay a $200 early cancellation fee, or you may return all equipment and software to BTInet in working and like-new condition. No refund of your initial purchase payments will be provided. BTInet will provide warranty service on the Equipment during the initial 2-month service commitment period. You will be responsible for the full replacement costs of the Equipment for any damage to or failure of the Equipment beyond the initial 12-month period. BTInet provides technical support for single computer connections only, and does not provide any networking support. You are responsible for any and all equipment, devices and software (other than that provided by BTInet) you choose to install or use to receive of use the Service. BTInet assumes no responsibility for any problems, or any guarantee for the resolution of any problems, caused by the installation or use of any customer-installed equipment, devices or software. Services BTInet provides virus scanning and SPAM filtering on provided through the BTInet system. These are best effort services, and BTInet makes no guarantee of their ability to detect all viruses or SPAM messages. The addition of your own additional virus protection is recommended, and BTInet assumes no responsibility for the consequences or affect that any downloaded virus may have on your equipment or software. You are responsible for activating and choosing the aggressiveness levels of the SPAM filtering, and you also assume all responsibility for the consequences of the chose settings. BTInet is not responsible for the consequences of any legitimate messages lost due to over-aggressive filtering. Page 2 of 7

3 Storage space initially included with each address is limited to 1GB. You are responsible for monitoring the available space and deleting messages to maintain adequate space, or for contacting BTInet to purchase additional storage space. Failure to do so may result in the inability to receive new messages. BTInet is not responsible for consequences of non-deliverable due to the storage quota limitations. BTInet also reserves the right to terminate any address(es) and deleted any existing messages remaining on the mail server if an account has not been accessed for 90 days. Website Hosting BTInet s responsibility with respect to your web site is strictly limited to the hosting of the web site(s) on BTInet s server. You are solely and exclusively responsible for design, development, content, update, modification, etc. with respect to your web site. You must provide all software and other materials necessary to create and maintain your web site. No scripts that have the ability to send may be installed as a part of hosted web sites without prior approval of BTInet. Any web site that violates this policy will have the violating script disabled and a warning will send to the user. Any further violations will result in a termination of the Service3. Any allowed script that sends must use a sending address that is hosted by BTInet. SECTION FOUR USE OF THE SERVICE You may only use the Service in accordance with the usage restrictions set forth in this agreement. You acknowledge that you are executing this Agreement on behalf of all persons who use your service, and you have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. You agree to comply with the terms and conditions of all end user license agreements accompanying or distributed in connection with the Service. All end user license will terminate at such time as you use of the Service is terminated. You may not sell, assign, transfer or give away use of your Service without written authorization and consent from BTInet. You are responsible for all activity occurring via your Service, even if that activity is initiated by a third party utilizing your Service without your knowledge or consent. You must immediately notify BTInet if you suspect any unauthorized use of your Service. Until BTInet is notified of any suspected breach of security, you will remain responsible for all use through your Service whether it was authorized of not. If your Service requires the use of a username and password ( login ) to access the Service, you are solely responsible for maintaining the confidentiality of your login information, and for any and all activities or consequences that occur from a failure to do so. If you need to reset your login information, either due to a suspected breach of security or if you have forgotten your login information, BTInet will assist you but will charge a service free of $5.00. Such assistance will be provided upon regular business days only. Use of another customer s login, improper solicitation of another customer s login or use of any login under a name other than your own is prohibited and is grounds for termination of your right to use the Service. You are responsible for any and all equipment, devices and software (other than that provided by BTInet) you choose to install or use to receive or use the Service. BTInet assumes no responsibility for any problems or the resolution of any problems caused by the installation or use of any customer-installed equipment, devices or software. If you install any software that has vendor specific licensing requirements, you are required to provide BTInet with proof of compliance of all licensing requirements. Page 3 of 7

4 BTInet has no control over information, opinions, advice or statements given or made by anyone other than authorized BTInet spokespersons in any manner on or through the Service. Opinions, advice and all other information expressed by users or service providers on the Internet represent their own views and not necessarily those of BTInet. BTInet does not endorse, support or vouch for the accuracy of any such information. You hereby agree to indemnify and hold BTInet harmless from all claims, awards, judgments, costs, expenses (including cost of defense) and damages to which BTInet is made subject as a result of any illegal, unethical or other improper use by you the Service and/or a breach by you of this Agreement. SECTION FIVE PROHIBITED USE You agree that you will not use or attempt to use the Service in any way or for any purposes described below: To seek to gain unauthorized access to any other person s computer, software, or data; To send mass unsolicited to third parties; To distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, damage or destroy equipment or data, or disrupt the operations of BTInet or any other persons; To waste resources (people, capacity, computer) through such actions; To disrupt the intended use of the Internet by any means; To destroy the integrity of computer-based information; To compromise the privacy of users; To seek to commit or participate in an illegal act through the use of the system; To send, submit for public posting, or intentionally receive, any abusive, obscene, profane, sexually explicit, threatening or illegal material, or material containing blatant expressions of bigotry, racism or hate; In any other manner, seek to interrupt or interfere with the Internet usage of any other persons To sell, assign, transfer or give away use of your Service without written authorization and consent from BTInet. If it comes to the attention of BTInet that you are using the Service in a manner of this type, BTInet may, at their sole discretion, take any of the following actions in accordance with the severity and duration of the violations: warning the Customer; suspending the offending Customer from the Service; terminating the offending Customer from the service; imposing fees or charges on the offending Customer s account in accordance with this policy, the applicable service contract or applicable law. You are responsible for material sent through or displayed on the Internet while using your Service, even if a claim should arise after termination of your Service. SPAM PREVENTION POLICY To help ensure BTInet s infrastructure is not used for any type of spamming activity, the following policies are enforced: 1) All outgoing mail will be routed through Barracuda SPAM Firewalls to be scanned. 2) Outgoing mail will only be allowed from one single IP address from each server s primary subnet. Outgoing mail from any other IP addresses that are assigned to a server will be blocked. If a customer feels they have the need to send mail from an additional IP address, they will be required to provide BTInet with documentation as to what it will be used for and justification as to why it is needed. BTInet will then review the information and either approve or deny the request. Additional fees will apply to any additional IP addresses that are allowed to send mail. Page 4 of 7

5 3) BTInet will perform regular reviews of various blacklisting services, and will aggressively investigate any IP addresses that are listed on any of these lists. Any evidence of spamming activity will result in immediate suspension, and possible terminations, of all server hosting services. It is your responsibility to comply with all international laws and all U.S. laws with respect to your use of the Service, including but not limited to, copyright laws, obscenity laws, defamation laws, etc. You are reminded that conduct that is illegal in other media (for example, violations of copyright laws, etc.) is also illegal on the Internet, and you are fully and solely responsible for the consequences of engaging in any illegal conduct by use of the Service. BTInet expressly disclaims any obligation to monitor its Customer and other users with respect to violations of the Policy. BTInet has no liability or responsibility for the actions of any of its Customers or other users, or any content any Customer or user may make available while using the Service. SECTION SIX FEES AND PAYMENTS You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service. Charges currently in effect for use of the Service are posted on the BTInet web site (). BTInet reserves the right to change the amount of, or basis for determining, any fee or charge, and to institute new fees or charges, and to institute new fees or charges, effective upon posting the information on the BTInet web site. All federal, state, and local sales and excise taxes applicable to your use off the Service will be added to the basic fees listed on the web site. Fees shall be payable in advance, and will be due by the 20 th of the month in which the Service is rendered. A $10.00 fee will charges to you account if payment, whether by check or automatic withdrawal from your bank account, is returned as unpayable for any reason. Late fees equal to one and three-quarter percent (1.75%) of the monthly fee will be assessed to overdue accounts. Failure to make timely payment of monthly fees shall make your access to the Service terminable at the option of BTInet. A suspended account may be reactivated by paying all past due balances in full, along with an additional processing fee of $ All services are provided in full-month increments, and requests for cancellation of Service must be received by BTInet prior to the 1 st of the month. Any request for cancellations received after the 1 st will be effective at the end of the month in which the notice is received. You understand and agree that the fees you are charged are solely for the use of the Service(s) as described in Section Three. Various products and services other than those described in this Agreement are offered by vendors and providers other than BTInet on or over the Internet, for which separate fees or charges are levied by those vendors. You are solely responsible for payment of all fees charged for products and services incurred by your use or purchase thereof. SECTION SEVEN GENERAL NOTICES BTInet will give most notices to customers by . Other notices may be given by a general posting on the BTInet subscriber s web site ( or by conventional mail. Notices by customers to BTInet must be given by or conventional mail. Notices by must be addresses to BTInet at customerservice@btinet.net. Page 5 of 7

6 Notices to BTInet by conventional mail must be sent to: Customer Service Department Basin Telecommunications, Inc E. Interstate Avenue PO Box 5540 Bismarck, ND WARRANTY AND LIMITATION OF LIABILITY BTInet does not warrant uninterrupted use or error-free operation of the Service unless specified in a separate Service Level Agreement specific to that Service. Without such Service Level Agreement, the Service is provided on an as is and as available basis. YOUR SOLELY REMEDY FOR INABILITY TO ACCESS YOUR SERVICE SHALL BE A PRO-RATA REFUND OF THE MONTHLY USER FEE FOR THE MONTH IN WHICH ACCESS TO THE SERVICE WAS UNAVAILABLE. IN NO EVENT WILL BTInet BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF (OR ATTRIBUTABLE TO) THE USE OR INABILITY TO USE THE SERVICE. TERMINATION OF ACCESS TO THE SERVICE Either you or BTInet may terminate the Service at any time and without cause in accordance with our cancellation policy; however, you shall be liable for any applicable early termination penalties. The only recourse of a user with respect to dissatisfaction with any policies, guidelines or practices, changes in fees or service content is for the user to terminate his use of the Service. BTInet shall terminate your access to all or any part of the Service, without notice, for conduct that BTInet believes is a violation of this Agreement or any policies or guidelines posted by BTInet on the Service or for other conduct that BTInet believes harmful to others (hereafter referred to as termination for cause ). Termination for cause shall not entitle the terminated party to any refund or reimbursement whatsoever. Upon termination of the Service without cause, BTInet will refund any unused portion of prepaid fees that are due to you after satisfying any outstanding balances owed to BTInet. BTInet is not responsible for notifying anyone other than you of a termination of your access to the Service. MISCELLANEOUS This Agreement, and all policies and guidelines referred to herein, which you accept by using the Service, constitutes the entire Agreement between you and BTInet regarding use of the Service, and may be amended at any time and in any fashion by BTInet upon notification by general posting on the BTInet web site. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of such modification. The provisions of this Agreement will continue in effect even after termination of your access. You can reach BTInet by calling (701) , sending to customerservice@btinet.net, or by writing to: Customer Service Department Basin Telecommunications, Inc E. Interstate Avenue PO Box 5540 Bismarck ND You agree that the laws of the State of North Dakota shall be applied in all matters pertaining to the construction and/or application of the terms of the Agreement. Your acceptance of this Agreement constitutes your consent and submission to personal Page 6 of 7

7 jurisdiction of the courts of the State of North Dakota, with respect to any matter relating to your use of the Service. SECTION EIGHT REPRESENTATION You represent that you are of full age of legal majority and are not under any disability or restriction, and are in all respects fully authorized and empowered to enter into this Agreement and be bound by and perform in accordance with its terms. This document, when accepted by you will impose certain legally enforceable obligations upon you. If you have any questions pertaining to the content or effect of this Agreement, it is your responsibility to contact your own legal advisor. Page 7 of 7