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This document has changed as of July 2, 2000!
Please re-read it carefully!
Following are the terms and conditions for use of Internet
services provided by EagleQuest, Inc., or it's subsidiary
companies or divisions operating under different names. By
using your account you agree to be bound by these terms - Please
read them carefully. Unless otherwise indicated below, these rules
apply to all Internet Services provided by EagleQuest. IF YOU DO
NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE USE OF YOUR ACCOUNT
IMMEDIATELY AND CONTACT EAGLEQUEST, INC. TO CANCEL YOUR ACCOUNT.
Acceptable Use Policy
Dialup accounts are single-user accounts. Corporate dialup
accounts are to be used primarily by one individual at the
company. Personal dialup accounts may be shared by members
of your immediate family residing in the same household so long as
your total usage of the account does not exceed what one person
could reasonably be expected to use in a month.
Corporate customers who purchase or maintain additional POP3
mailboxes must understand that our internet accounts provide
Internet Access primarily for one individual. While other
employees may utilize a company's dialup account for reading and
sending email with their mailbox, they may not use the same dialup
account to browse the web or utilize other non-email related
internet activities. If you have more than one person who needs
full internet access, each person should have their own dialup
internet account.
Only one person may be dialed in to any single username/password
combination at any one time. Under no circumstances should
there be more than modem connected to our service per dialup
account (except for Dual-Channel ISDN Users, which may occupy 2
channels) at any one time. Violations of this rule will result in
immediate account termination with no refunds
You are expected to keep your password secret. Your password
provides access to billing, usage, and other personal account
information. Do not share your password with anyone that you do
not trust.
The primary account holder is responsible for all usage on the
account, and will be held responsible for abuse of the account by
others. If you decide to let children under the age of 18 access
your account, we strongly recommend that you supervise their
usage.
You may not resell services from your dialup account without prior
written notice from EagleQuest, Inc. All or part of your Virtual
Web Server may be resold at your discretion.
All dialup accounts (except dedicated customers) are subject to a
15 minute idle-timeout, and a 4 hour session limit, with no limit
to the number of sessions. You may not use any program, script, or
any other artificial means of circumventing these timeouts.
The word "Unlimited" when used to describe our dialup
accounts should be read as "Unlimited Interactive
Usage". You may not leave your computer running unattended
while it is connected to our service. All accounts are intended
for interactive use by a single person. If you are not actively
using your connection, please disconnect from our service to help
prevent busy signals and to allow other users a chance to get
online. Users who abuse the priviledge of unlimited access
may be subject to a limits being placed on their account or
account termination with no refund for unused services.
Please be aware that internet transmissions of any sort are
considered unsecure unless encrypted. For this reason, we strongly
suggest that you never send credit card numbers or other personal
information through Email or any other Internet service unless it
is properly encrypted.
We do not sell services to people under the age of 18. You must be
over 18 to have an account with our service. Users under 18 years
of age must have their parent or guardian's consent to use their
parent's account. Lying about whether you are 18 or not is grounds
for account dismissal.
You are responsible for conforming to all federal, state, and
local laws regarding the Internet and electronic communication.
You may not participate in any illegal activities while using your
account. You must obey the laws of the United States and other
countries that you communicate with over the net.
You must agree to follow the acceptable use policy for any network
you connect with or send data over.
You understand that the Internet provides access to explicit adult
materials which may not be suitable for minors as well as material
which may be extremely offensive to some users. You are
responsible as the account holder to monitor and censor the
activity on your account.
Unsolicited advertising or sending bulk messages via email and/or
newsgroups is strictly prohibited. Spamming, including
mass-emailing, cross-posting, posting to inappropriate groups or
mailing lists, or otherwise causing abuse to others on the net is
prohibited. Denial-of-service attacks or obstructing use of the
internet for others is strictly prohibited.
You must not transmit or make available on your web site any
information, graphics, pictures, video, sound clips, or other
media which is considered obscene or unsuitable for children under
18 years of age.
You must not transmit or make available on your web site any
software, graphics, files, or other material which are illegally
obtained, pirated, or copyrighted by another individual without
the owner's express written
permission.
You must not transmit or make available on your web site any
software, scripts, or other files that contain viruses or that are
intended in any way to do harm to another computer or network on
the Internet.
You must not use any portion of your web site to provide links to,
or other methods of reaching internet sites containing illegal
material, adult material, or illegally obtained or distributed
copyrighted software, or other copyrighted materials without the
express written consent of the copyright holder.
You must not attempt to circumvent security, tamper with, hack
into, or otherwise disrupt any computer system, server, web site,
router, or any other internet connected device. Accessing a system
on the internet without permission is a crime, and as such we will
assist in prosecuting those who commit it.
You must not participate in denial of service attacks. This
includes, but is not limited to, sending massive amounts of data
or email to a small number of mailboxes, sending data packets that
are altered with the intention of doing harm, sending data packets
that are altered with the intention of hiding the source or
destination, spoofing IP addresses, or sending large numbers of
packets in a short amount of time in order to disrupt a service,
web site, server, computer, or network on the Internet backbone.
You must not use your account in any way that could damage the
good reputation of our company, or the companies we do business
with.
Billing and Payment
All billing cycles are based on the calendar month. Service
periods start on the first day of the month, and end on the last
day of the month. All new customers are billed automatically
by credit card during the first week of each calendar month.
No invoices are sent for credit card customers. If your
credit card is declined for any reason, or if you fail to notify
us of your new card number before your card on file expires, your
account may be closed immediately and we may charge you a $15.00
reactivation fee to reopen your account.
Current customers who are on our old billing plan of paying for 3
months at a time will be invoiced by Email. These customers
may pay by check or credit card. Payment for these customers
is due on the last day of the calendar month of which their
account expires.
If payment is not received by the due date, your account may be
suspended without further notice. Once payment has arrived your
account may be reopened but will be subject to a reactivation fee
equal to the current set up fee for that particular service on our
price list. If there is no setup fee for the service you are
reinstating, a $15 fee will be assessed for administration costs.
If you will be out of town when your next payment is due, let us
know so we can make other arrangements.
You will have 7 days from notification of price increases to
terminate your account before the new rates are applied to your
account. New services and options may be put into effect without
advanced notice. Prices may be reduced at any time without
advanced notice.
There will be a $20 service charge for all returned checks plus
any applicable court costs or legal fees required to collect.
All customers may prepay for 1 year of service by check or credit
card and receive the 13th month of service for free. The
free month will be applied at the end of the year and is forfeited
if you cancel your account before the 12 months is over. 1
Year payments that are made before the expiration of your current
pay period will apply after your current period expires.
Termination
You may cancel your dialup or web server account at any time
unless you have participated in a term commitment. If your account
is billed quarterly, unless otherwise stated, we will refund any
unused whole months that you have prepaid. Dedicated
customers must provide 30 days notice prior to terminating
service.
EagleQuest reserves the right to terminate or refuse service to
anyone for any reason, and at any time. If your account is
terminated with a positive balance remaining, a partial refund may
be given as long as the reason for termination was not a violation
of these terms and conditions.
Violation of ANY of these terms and conditions may result in
immediate account termination or suspension without prior warning.
Most violations will result in the account holder forfeiting any
and all rights to any refund for unused service fees.
Miscellaneous
While we do backup our system files, we do not backup personal or
business files uploaded to our server by our customers. This means
that if you upload web pages or any other personal or business
files to our system, you must keep a local backup of them on your
machine.
As a condition of service, you agree to indemnify and hold
harmless EagleQuest, Inc., it's officers, employees, agents, and
shareholders, for any cause of action out of use of your account
or with your use of the service.
THIS SERVICE IS PROVIDED AS-IS. USE AT YOUR OWN RISK. THERE ARE NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EAGLEQUEST, INC. IS
NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR
ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR
INABILITY TO USE, THIS SERVICE.
If any portion of this agreement is found to contradict federal,
state, or local laws, the remaining portions will remain in full
force until account termination. Any disputes with EagleQuest,
Inc. will be governed by the laws and courts of the State of
Michigan.
We reserve the right to amend or change these terms and conditions
at any time without prior notice.
If you have any questions regarding these rules, please call (248)
650-4700 or send email to service@eaglequest.com.
By using our service you certify that you are at least 18 years of
age and that you agree to be bound by these terms and conditions
for as long as you are our customer.
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