Conditions
and Policies
TERMS & CONDITIONS
&
ACCEPTABLE USE POLICY
for Internet Access Services
This document explains the Terms and Conditions and the Acceptable
Use Policy for use of services provided by MyTangled Web, (hereinafter
known as MTW) by the client/user (hereinafter known as Customer).
This document supersedes all previous forms of this previously
published by MTW. This document is maintained and published on-line
on the MTW home page at http://www.mytangledweb.com/policies.asp.
All Customers of MTW are required to be familiar with this policy.
This document shall be sent via e-mail to each new Customer and
upon receipt, the Customer shall become responsible for its contents.
Use of MTW Internet services in any form constitutes acceptance
of this Acceptable Use Policy and agreement to adhere to it.
TERMS and CONDITIONS
The effective date of these Terms and Conditions and the Acceptable
Use Policy is the date of acceptance by the Customer of services
by MTW, and they shall remain in effect until Customer terminates
his/her account or MTW cancels Customer's account.
MTW may occasionally require updated registration and account
information by Customer to continue service. In addition, Customer
shall notify MTW in writing or by E-mail to billing@mytangledweb.com
of any changes in the account information, such as address or
phone number.
MTW reserves the right to change the terms and conditions of
use or its Acceptable Use Policy at any time. Notification of
changes will be announced via the E-mail. If customer does not
agree to changes, Customer may cancel services by giving MTW proper
written notice as directed herein.
MTW sends out bills 15 days prior to the billing due date. Billing
will normally occur via U.S. Mail or E-mail, which ever the customer
prefers. Bills are due on the date stated on each statement. Customer
must notify MTW at least 15 days before the next payment is due
if Customer wishes to change the method of payment. There is a
minimum $15.00 service charge for returned checks.
Accounts that are more than 10 days past due may be placed on
hold and access will be denied until payment is made. Accounts
continue to accrue charges while they are on hold. After the account
has been on hold for 30 days, the service may be terminated if
not under long-term contract and any outstanding balance will
be immediately due and payable, or the full amount for the entire
period of any contract, to MTW. There will be a $20.00 reconnect
fee in addition to any unpaid balance to reactivate the account.
Termination requests for MTW accounts must be received in writing
via E-mail, fax, or postal service at MTW’s main office.
Customers will not receive any refunds for prepaid services. If
a Customer so requests, MTW will forward E-mail to that Customer's
new E-mail address, if any, for one month after termination unless
termination was for nonpayment or system abuse.
Customer is responsible for all fees up to the date of termination
of the service regardless of the usage on the account. Customer
will pay all costs and attorneys fees expended to collect sums
due. Customer acknowledges that MTW may terminate the account
without notice if the customer does not comply with this policy.
Customer accepts responsibility for the consequential damages
that may result from termination or cancellation and shall indemnify
and hold harmless MTW for any damages or attorneys fees incurred
by MTW to defend for any termination or cancellation provided
that such termination or cancellation was not the result of gross
negligence on the part of MTW.
MTW may terminate an account at any time for any violation of
these Terms and Conditions or Acceptable Use Policy or for failure
to pay bills for service. Such termination generally means that
all files are deleted and all services, including mail forwarding
are rescinded. Customer will not receive a refund for any prepaid
services. All losses and expenses suffered by Customer as a result
of such termination will be Customer's to bear alone, and MTW
will have no liability whatsoever. Customer shall indemnify and
hold harmless MTW for any damages or attorneys fees incurred by
MTW (including those against third parties) for any termination
or cancellation even if wrongful or negligent.
MTW will provide services on its host computing systems to customers
in exchange for payment of fees and compliance with these Terms
and Conditions and the Acceptable Use Policy. MTW services are
defined as the use by Customer of computing, telecommunications,
software, and information services provided by MTW. These services
also include the provision of access to computing, telecommunications,
software, and information services provided by others via the
worldwide computer network known as the Internet.
MTW welcomes requests from Customers concerning
their problems and will do as much as possible to help resolve
them. When assistance provided by MTW is beyond services offered
to all customers by MTW as part of its basic services such as
assistance with Customer systems configuration beyond the initial
set-up, the Customer will be charged a standard consulting rate
of $60 an hour.
ACCEPTABLE USE POLICY
This Acceptable Use Policy may be known hereinafter
as policy, AUP or Acceptable Use Policy.
MTW Dial-up accounts are for individual Customers. Customer therefore
agrees not to share the password of the account with others. Customer
agrees to maintain a secure password to the account and is responsible
for any use of his/her account. Customer agrees not to use any
MTW services to obtain the passwords of other customers on MTW
or other systems. Customer agrees not to use MTW services to make
unauthorized attempts to access any systems and networks. Customer
shall indemnify and hold harmless MTW for any and all (including
claims by third parties) damages and/or attorneys fees incurred
by MTW for any acts or omissions of Customer.
Customer agrees not to use MTW services to violate copyright
or other intellectual property rights. For example, Customer may
not upload or download commercial software in violation of software
license agreements. Customer agrees to use the services provided
by MTW as permitted by applicable local, state, and federal laws.
Customer agrees, therefore, not to use these services to conduct
any business or activity or solicit the performance of any activity
that is prohibited by law. Customer shall indemnify and hold harmless
MTW for any and all (including claims by third parties) damages
and/or attorneys fees incurred by MTW for any acts or omissions
of Customer.
- Specific Acceptable Use Policies
MTW believes that the First Amendment rights of free speech,
freedom of the press, and freedom of association apply to the
Internet to the same degree as they do to print media. MTW has
no intention of infringing upon those rights. However, MTW and
recognize that there are legal limitations as to the scope of
the First Amendment and all speech is not protected. Customer
agrees to seek its own legal counsel as to what forms of speech
are acceptable and non-actionable. MTW reserves the right, but
does not assume the obligation, to control and censure any materials
for any reason. Customer agrees to abide by MTW’s arbitrary
decisions and seek other avenue and forums for dissemination of
speech should MTW exercise that right.
- Unauthorized use of other people's accounts or computers
MTW will react strongly to any unauthorized use or attempted
unauthorized use of an Internet account or computer without the
owner's authorization. Whether or not the attacked account or
computer belongs to MTW, such attempts include but are not limited
to "social engineering" (tricking other people into
releasing their passwords), password cracking, security hole scanning,
and denial of service attacks.
Possible actions including warnings, account suspension or cancellation,
and legal action, according to the seriousness of the attack.
Customer shall indemnify and hold harmless MTW for any and all
(including claims by third parties) damages and/or attorneys fees
incurred by MTW for any acts or omissions of Customer.
Electronic mail passes through multiple mail servers from source
to destination on the Internet. One can never be guaranteed privacy
from every possible mail server; therefore, customers seeking
total privacy should use some encryption scheme, such as PGP to
render their messages unreadable by eavesdroppers.
With regards to MTW’s mail servers, MTW places a high value
on privacy, and will normally only examine Customers' mail to
trouble shoot E-mail delivery problems, protect system security,
or to comply with a lawful-appearing warrant, subpoena or court-order.
MTW will not sell customer lists. MTW will not divulge Customer
account information outside of that provided by the 'finger' command
(which the Customer controls), except at the direction of a lawfully
served warrant.
- Commercial advertisements
Commercial advertising is an accepted and welcome use of the
Internet. However, there is appropriate and inappropriate Internet
advertising. ISP's that don't abide by this Internet standard
may be denied access to newsgroups and in some cases to the Internet
entirely.
Commercial advertisements are unwelcome in most Usenet discussion
groups and on most E-mail mailing lists. Inappropriate postings
may result in account suspension or cancellation. See the newsgroup
or mailing list's charter for whether advertising is allowed or
not. Unsolicited commercial advertisements sent out via E-mail
or to many off-topic newsgroups are not allowed. Generally ads
should be placed in the "biz." newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an
unwanted advertisement, to multiple recipients is by itself "spamming",
unauthorized use of E-mail, unless the individuals have specifically
requested to be added to a mailing list on that topic.
Any mailing or posting of "Make Money Fast" (MMF) or
"Fast Cash" or pyramid schemes or chain letters of any
sort will result in immediate account termination. Pyramid scams
are generally illegal no matter how the message is presented.
Pyramid schemes whether legal or not, are NOT permitted. Customer
shall indemnify and hold harmless MTW for any and all (including
claims by third parties) damages and/or attorneys fees incurred
by MTW for any acts or omissions of Customer.
- Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's
valid account name in the header. You may use another existing
MTW or non-MTW E-mail address in the "reply to" field
as long as it is clear that the post came from your MTW account.
Use of standard "anonymous re-mailers" is allowed for
private (noncommercial) E-mail and posting.
MTW assumes no legal liabilities relating to Customer's use of
MTW’s computer network and equipment. However, MTW requires
that its customers not use MTW’s network for illegal purposes.
In any legal matters that result from a Customers action, MTW
is under no obligation to defend itself rather than settle. Any
losses suffered by MTW to settle or defend legal action, and all
civil or criminal penalties inflicted on MTW as a result of any
Customers act are payable by the customer. Customer shall have
no defense against prompt and full repayment to MTW. Customer
shall indemnify and hold harmless MTW for any and all (including
claims by third parties) damages and/or attorneys fees incurred
by MTW for any acts or omissions of Customer.
When presented with a search warrant, MTW is obligated to release
appropriate information requested, and will cooperate with the
authorities in any criminal investigation.
While MTW recognizes that the legal status of the Internet has
not yet been fully resolved, MTW considers certain actions illegal
and therefore not allowed on its network, for example: unauthorized
distribution of copyrighted material; exploitation of minors;
and unauthorized use of computer resources.
Harassment or abusive use of E-mail and other Internet services
is a serious misuse of Internet resources. MTW will handle incidents
of harassment on a case-by-case basis, and may consult with the
parties involved. MTW reserves the right to cancel or terminate
service without making a determination of the truth or accuracy
of complaints.
- Inappropriate use of Web Service
MTW provides space for personal and commercial web pages with
some services. MTW maintains no responsibility for the content
of such pages. MTW will handle complaints about inappropriate
web pages on a case-by-case basis. Examples of inappropriate information
include downloadable virus code, bulk E-mail lists, illicit advertising,
and web-based services that allow members of the public to send
E-mail or post news anonymously.
- Automated dial-up account use
Dial-up accounts are for personal, interactive use only. They
may not be kept connected with a "keep-alive" of any
sort, such as setting an E-mail program to check mail periodically
unattended.
Any use of MTW system resources that disrupts the normal operation
of the system or the use by other MTW customers is considered
to be abuse of system resources and is grounds for administrative
intervention. Some examples of system abuse include spawning excessive
processes, consuming excessive amounts of memory or CPU for long
periods of time, and staying attached to modems while not really
"active" on line or personally present. Use of MTW computers
or Internet connection to send ping or other packets in an attempt
to deny service to another user is considered abuse. Depending
on the nature and the severity of the abuse, the customer may
receive an E-mail warning, have his processes halted, or have
his account suspended. If the misuse is unintentional or under
other mitigating circumstances, the suspension may be rescinded
but may require a reconnection charge. Customers who believe their
activity has been inappropriately handled may appeal to MTW Management.
- Discovering and Reporting Abuse
Violations of the MTW conditions of use are unethical, a breach
of contract, and may in some cases be criminal offenses. You are
expected to report to MTW any information you may have concerning
instances in which the conditions of use have been or are being
violated. When MTW becomes aware of possible violations, MTW will
investigate. At the same time, in order to prevent further possible
unauthorized activity, MTW may suspend the individual account
in question. Confirmation of violations may result in cancellation
of the individual account or reporting the abuse for criminal
prosecution. The account suspension may be rescinded following
resolution of the incident and payment of appropriate charges.
MTW reserves the right to monitor site activities when necessary
to investigate possible violations of the conditions of use.
Customers may be charged MTW’s standard systems-consulting
rate, currently $150.00 per hour for MTW employees' work to deal
with abuse issues which were initiated by abuse of the customer's
account.
When a Customer disrupts the system, MTW uses the following procedures:
A Systems Administrator or member of the systems staff attempts
to contact the Customer by telephone or fax.
If the problem cannot be resolved by phone or the Customer is
unreachable. Designated MTW staff may do what is necessary to
protect the MTW site and systems and use of these facilities by
others. Designated MTW staff may disable the Customers account
by putting the account on hold.
When the customer is contacted they may be sent a copy of this
Acceptable Use Policy to sign and return to MTW.
Once the signed statement is received, if reinstatement is found
by MTW to be appropriate, Accounting will begin to charge the
account and will notify the Support department and the Systems
Administrator.
The Systems Administrator will take the Customer account off
hold and thus re-enable the account.
If no signed statement is received or the situation is not resolved
to the satisfaction of MTW Management, all customer files or other
material will be deleted and the customer account will be purged.
All amounts due through the end of any contract or already billed
period will become immediately due and payable in full and customer
should expect vigorous collection efforts.
- Offensive or Adult Materials
MTW does not intend to and is not obligated to censor on the
basis of politics, religion, sexual themes, or artistic content.
MTW has virtually no control over (and does not intend to attempt
to control)the content of materials accessed. Some materials may
be offensive or adult in nature. Parents are responsible for monitoring
children's exposure to any material. MTW assumes no responsibility
for any material or for monitoring or controlling access to such
material.
MTW makes no warranties of any kind, whether expressed or implied,
for its services. MTW specifically disclaims any implied warranties
of merchantability or fitness for any particular purpose. MTW
shall not be responsible for any losses or damages resulting from
delays, non-deliveries, missed deliveries, service interruption,
or Customer's or MTW’s errors or omissions. MTW will not
under any circumstances be responsible for consequential damages.
MTW reserves the right to suspend or terminate accounts for any
reason, if, in MTW’s opinion, the Customer is disrupting
or threatening the operation of this site and/or the Internet
or its components. In the context of this AUP, using other sites
or servers to abuse the net via MTW access is regarded the same
as using MTW’s site.
These rules cannot be superseded by any verbal agreements of
MTW employees or customers. Any agreement modification or special
changes to this AUP must be in writing and signed by an official
Manager.
The validity, construction and performance of this AUP and Customers
agreement to abide by this AUP shall be governed by the laws of
Washington State.
If any provision of this policy is held by a court to be contrary
to law, the remaining provisions will remain in full force and
effect.
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