SPRYNET LICENSE AGREEMENT AND ACCEPTABLE USE POLICY:
WARNING:
PART A.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING A DIAL-UP ACCOUNT WITH SPRYNET. PLEASE ALSO FAMILIARIZE YOURSELF WITH SPRYNET'S ACCEPTABLE USE GUIDELINES. These Terms and Conditions, in conjunction with Acceptable Use Guidelines, represent the complete Agreement and understanding between SPRYNET On-Line Communication Services, Inc. ("SPRYNET") and you, the SPRYNET accountholder ("Accountholder"), and supersede any other written or oral agreement pertaining to your SPRYNET services, other than applicable software license agreements. By using SPRYNET services or SPRYNET software, or both, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your SPRYNET account.
IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF SPRYNET SERVICES AND SPRYNET SOFTWARE, AND NOTIFY THE SPRYNET CUSTOMER SERVICE DEPARTMENT SO THAT SPRYNET MAY INITIATE A CLOSURE OF YOUR ACCOUNT.
1. A list of ways to contact SPRYNET and the SPRYNET Customer Service Department is available on the World Wide Web at http://www.SPRYNET.com. Specific questions about this Agreement should be directed to billing@spry.com.
2. Upon notice published on-line via SPRYNET services, SPRYNET may modify the Terms and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of SPRYNET's services following such notification will be deemed acceptance of the modification.
3. Accountholder acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, messages, text and other content and material that may be unsuitable for children and that may be objectionable to many adults. Accountholder acknowledges that SPRYNET is not responsible for any such content or material and agrees that access to same through use of the Service is at Accountholder's sole risk. Accountholder acknowledges that, when using the Internet, Accountholder generally is using a physical network and accessing content, information and other services not owned, supported, monitored or controlled by SPRYNET. Accountholder acknowledges that safeguards relative to copyright, ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Accountholder assumes all risk and liability of its use of the Internet, including continuous compliance with this Service Agreement. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. SPRYNET has no control over and accepts no responsibility whatsoever for such materials. Accountholder may download Cyber Patrol, an internet access management tool, by going to www.sprynet.com/softcenter/nettools/internet/parental/index.html.
4. Accountholder is responsible for and must provide all telephone and other equipment and services necessary to use the Service. Accountholder represents that he/she is at least 18 years of age and has the right and ability to enter into this Service Agreement. Accountholder is responsible for installing, establishing and setting up the account(s) and parameters under which the Service will be used; these account functions may be performed only by a person at least 18 years of age, without exception.
5. Unless otherwise agreed, Accountholder's right to use the Service or to designate users is not transferable and is subject to any limits established by SPRYNET, or by Accountholder's credit card company or other billing institution, as applicable.
6. You agree to provide SPRYNET with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a SPRYNET account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
7. Your SPRYNET account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the accountholder. You acknowledge responsibility for any account you have opened until payment in full is made.
8. SPRYNET reserves the right to charge a service reconnection fee to reinstate suspended accounts.
9. If Accountholder's account is a qualified business account and approved by SPRYNET for corporate billing, charges for the services provided under this Service Agreement will be accumulated and identified by User ID number and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net thirty (30) days in the currency in which billed. If any payment due hereunder is not made by the Accountholder within sixty (60) days after the invoice date, late charges of one and one-half percent (1-1/2%) per month shall be due and payable with respect to such payment, and SPRYNET may, in addition, at its sole discretion and without notice to the Accountholder, (a) suspend its performance under this Service Agreement and the Accountholder's and its designated users' access to and use of the Service, or (b) terminate this Service Agreement and Accountholder's and its designated users' access to and the use of the Service. For accounts not approved by SPRYNET for corporate billing, Accountholder must provide payment by credit card or other method approved by SPRYNET.
10. There is a $15.00 service charge for each returned check.
11. If you believed SPRYNET has billed you incorrectly, you must contact SPRYNET no later than 90 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to SPRYNET's Billing Department, and should include all available information about the suspected error.
13. When your credit card expires, SPRYNET, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If SPRYNET is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to SPRYNET when requested, SPRYNET may consider your account to be delinquent by more than one account cycle and suspend, archive or purge your account
14. To cancel your account, you must contact SPRYNET's Customer Service Department via e-mail, fax, postal mail or phone. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in SPRYNET's billing records. If the information provided to SPRYNET for an account does not match the account's records, cancellation may be delayed or prevented.
15. All cancellation requests must be received by 5:00 PM Pacific time on the 20th of the current month in order to be processed before the beginning of the next accounting cycle. Cancellation requests directed to other SPRYNET departments may not be received by the Customer Service Department by the 20th.
16. All SPRYNET charges must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled.
17. If a SPRYNET account is canceled, suspended or terminated, SPRYNET may maintain the account for 30 days. You may contact SPRYNET within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. SPRYNET reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or SPRYNET's Acceptable Use Guidelines. If you do not contact SPRYNET within 30 days, your account and associated files will be deleted from SPRYNET's servers, and SPRYNET will not be able to reopen it or restore files. SPRYNET is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of terms and Conditions, or SPRYNET's Acceptable Use Guidelines.
18. "As Is" Services. You acknowledge that SPRYNET services are provided "as is". SPRYNET, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that SPRYNET services will be uninterrupted or error free. SPRYNET EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT POSSIBLE BY LAW.
19. You also understand that SPRYNET cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the service and the Internet. SPRYNET does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the Internet generally, and SPRYNET shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. SPRYNET does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. The service and the software are provided on an "as is, as available" basis.
20. You agree to waive and hold SPRYNET harmless from any claims relating to any action taken by SPRYNET as part of its investigation of a suspected violation of this Agreement or as result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from SPRYNET as a result of SPRYNET's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of SPRYNET's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the Acceptable Use Guidelines.
21. IN NO EVENT SHALL SPRYNET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE SPRYNET'S SERVICES. SPRYNET'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT SPRYNET'S OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, SPRYNET's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and SPRYNET limits its liability in such jurisdiction only to the degree allowed by the applicable laws.
PART B.
ACCEPTABLE USAGE GUIDELINES OF DIAL-UP ACCOUNTS:
Accountholder and its Users agree to use dial-up accounts solely on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Accountholder and its Users shall abide by the following provisions regarding usage:
The following are violations of SPRYNET policies:
1. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same user name and password combination.
2. Using a personal account for high volume or commercial use. If you would like to provide high-volume or commercial services, please contact SPRYNET Business Sales Department for information about opening up a commercial account.
3. Using SPRYNET services for illegal purposes, or in support of illegal activities. SPRYNET reserves the right to cooperate with legal authorities and /or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
- Unauthorized copying of copyrighted materials including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Exporting software or technical information in violation of U.S. export control laws.
- Posting or e-mailing of scams such as 'make-money-fast' schemes of 'pyramid/chain' letters.
4. Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Posting or transmitting any advertising, promotional materials or any other solicitation of other users of the Service for goods for services except in those areas (e.g., a classified bulletin board) that are designated for such purposes.
5. Threatening bodily harm or property damage to individuals or groups.
6. Making fraudulent offers of products, items, or services originating from your account.
7. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
8. Harassing others by 'mail-bombing' or 'news-bombing'. "Mail-bombing' constitutes sending more than ten (10) similar e-mail messages to the same e-mail address. 'News-bombing' constitutes sending more than 10 Mbytes of data to a newsgroup.
9. Posting or listing articles which are off-topic according to the description of the group or list or send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited mailings provoke complaints from any of the recipients.
10. Forging any message header, in part or whole, of any electronic transmission, originating or passing through SPRYNET services.
11. Distributing viruses to or from SPRYNET systems.
12. Use of software or any device that would allow your account to stay logged on while you are not in active use of SPRYNET services or use the account for the purpose of operating a server of any type.
13. Exceeding 1GB of traffic in a one month period for free Web sites. Any Free Web site exceeding 1 GB of traffic will be billed for the excess rate at the current Sprynet hourly charge.
14. Exceeding a session length of four hours. Accountholder is responsible for disconnecting and reconnecting at least every four hours.
15. A dial-up account has only one mailbox for incoming electronic mail unless additional mailboxes have been purchased.
16. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated newsgroups.
17. Posting articles to any newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
18. Disrupting any newsgroup with frivolous, excessively vulgar or repetitious postings.
19. Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).
20. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or e-mail use by others.
21. Engaging in any of the above activities using the service of another provider but channeling such activities through a SPRYNET account or re-mailer, or using a SPRYNET account as a mail drop for responses.
Accountholders found in violation of the SPRYNET usage policies may be subject to $1.95 an hour in addition to their monthly membership fee and other damages as a result of violation of this agreement.
INACTIVITY DISCONNECT POLICY:
SPRYNET reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by SPRYNET through electronic means. This time is approximate and subject to change without notice in SPRYNET's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to "pinging" the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for mail by auto login to the mail server. SPRYNET reserves the right to electronically audit connections to enforce the above requirements.
PART C.
Use of Services:
1. During an investigation, SPRYNET may suspend the account or accounts involved and/or remove the material involved from its servers. If SPRYNET believes, in its sole discretion, that a violation these guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, additional hourly charges of $1.95 an hour in addition the monthly fees, damages, temporary or permanent removal of material from SPRYNET's servers, the cancellation of newsgroup posts, warnings to the accountholder or accountholders responsible, and the suspension or termination of the account or accounts responsible. SPRYNET, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the accountholder to criminal or civil liability.
2. The accountholder of record is responsible for all use of the account, with or without the knowledge or consent of the accountholder.
3. The accountholder may not store or distribute certain other types of material on SPRYNET's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of their sites.
4. SPRYNET staff may monitor the security of accountholder's passwords at any time. An accountholder with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by SPRYNET; continued failure to maintain password security may be grounds for account termination.
5. The accountholder is prohibited from utilizing SPRYNET services to compromise the security or tamper with system resources of accounts on computer at SPRYNET or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
6. Accountholders, may not run programs which provide network services from their accounts. Examples of prohibited programs include, but are not limited to, mail, http and irc servers and multi-user interactive forums.
7. You may not post or transmit any message anonymously or under a false name.
8. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
9. You may not interfere with other users' use of the Service.
10. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, SPRYNET reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
Accountholders found in violation of the SPRYNET usage policies may be subject to $1.95 an hour in addition to their monthly membership fee and other damages as a result of violation of this agreement.
