The
main purpose of WLS Internet Service is to facilitate communication
with the numerous computer networks that make up what is commonly
referred to as "the Internet." It is WLS' intention to allow WLS users
complete access to everything the Internet has to offer with minimal or
no interference.
Although the Internet as
a whole offers much independence and autonomy for those who use it,
many of the individual networks or portions of the Internet have
specific guidelines for use. As the Internet expands, it is
increasingly common for an ISP such as WLS to be blocked from use of
another organization's systems due to repeated misuses of that system's
resources. Because WLS runs multi-user systems, actions of one WLS
customer can have a severe impact on other customers' ability to use
the system(s). This is unfair to all WLS users.
To
this end, WLS has developed this Acceptable Use Agreement. It is
intended to provide a guide to WLS' views on what constitutes
inappropriate use of WLS' access to the Internet and to inform WLS'
customers of what actions WLS might take, with or without notice, in
the event that WLS becomes aware of inappropriate use of WLS' service.
The agreement will help WLS system administrators deal with complaints
from users of WLS or other Internet-connected systems, and determine
when action must be taken.
It is expected
that all WLS customers will follow the policies set forth herein.
Protection of WLS' technical resources and WLS' ability to continue to
provide high-quality service to its customers, compliance with existing
laws and regulations, and the protection of WLS' reputation as a
service provider are all contributing factors to the policies outlined
below.
Access to WLS' Internet Service is provided subject to the following terms and conditions:
Warranties/Disclaimers
WLS Internet service is provided on an "as is, as available" basis. No
warranties, express or implied, including, but not limited to, those of
merchantability or fitness for a particular purpose, are made with
respect to WLS or any information or software therein. You release WLS
from and WLS shall have no liability or responsibility for any direct,
indirect, incidental, or consequential damages suffered by you in
connection with your use of or inability to use the WLS services
including, but not limited to, damages from loss of data resulting from
delays, non-deliveries, mis-deliveries, or service interruptions, or
due to inadvertent release or disclosure of information sent by you
even if the same is caused by WLS' own negligence. Without limiting the
generality of the foregoing, WLS disclaims to the full extent permitted
by applicable law any responsibility for (and under no circumstances
shall be liable for) any conduct, content, goods, and services
available on or through the Internet or the WLS services. In no event
shall WLS' aggregate liability exceed the amount paid by you to WLS for
the WLS services. Use of any information obtained via WLS' Internet
service is at the user's own risk. WLS specifically disclaims any
responsibility for the accuracy or quality of information obtained
through its services. (top of page)
Security
The customer is responsible for all use of customer's account(s) and
confidentiality of password(s), including choosing safe passwords and
ensuring file protections are set correctly. WLS will suspend access or
change access to customer's account(s) immediately upon notification by
customer that customer's password has been lost, stolen, or otherwise
compromised. WLS is not liable for any usage and/or charges prior to
WLS making the necessary account alteration. Electronic mail on this
system is as private as we can make it. WLS' customers are reminded
that no computer system can be considered as safe from intrusion. Email
may pass through many computer systems, and should not be considered a
secure means of communication unless encrypted, and even encrypted
information is only as secure as the encryption method utilized. (top of page)
Personal Files
WLS is not responsible for customer's personal files residing on WLS.
Customer is responsible for independent backup of customer's data that
is stored on WLS. WLS reserves the right to delete customer's personal
files after one or both parties terminates the service agreement
between WLS and customer. (top of page)
Non-Transferability of Account
The right to use WLS' Internet service is not transferable. Use of WLS
accounts is expressly limited to the individual or business whose name
appears on the account and dependents of the account holder living at
the same address. A customer may use no more than one log-in session
per account at any time. If a customer has multiple accounts, the
customer is limited to one log-in session per account at any time. (top of page)
Network Address Ownership
Any network address assignments issued by WLS (i.e., Class C address
space) are the property of WLS and are considered to be loaned to its
customers. In the event service with WLS is discontinued for any
reason, such addresses will revert to WLS. (top of page)
Compliance with All Laws
Customer agrees to use the service in a manner consistent with any and
all applicable laws and regulations. Reproduction or transmission of
any material in violation of any local, state, U.S., or international
law or regulation is prohibited. Customer agrees that any material to
be reproduced or transmitted on WLS' service through customer's
account(s) does not violate or infringe any copyright, trademark,
patent, statutory or common law, or proprietary rights of others, or
contain anything obscene, libelous, or threatening. Software intended
to facilitate any such violations or infringements may not be stored on
WLS. Customer shall defend, indemnify, and hold harmless WLS from and
against any claims, liabilities and expenses, including attorneys'
fees, resulting from customer's use of the WLS service or customer's
account in an unlawful manner or otherwise in violation of or contrary
to customer's agreement with WLS or WLS' Acceptable Use Policies. At
WLS' discretion, WLS may revoke customer's access to WLS services or
accounts for inappropriate usage. (top of page)
Excess Use of System or Network Resources
WLS account descriptions in some cases may specify limits on bandwidth,
CPU, and disk use for certain types of customers, and use up to these
limits is included in the price for that type of customer. Standard
Internet dial-up access and DSL Internet access is up to 2 gig of
bandwidth, additional fees will be apply for overages. In the event WLS
determines that a customer is exceeding the bandwidth, CPU, and/or disk
use limits, the customer will be notified by email. If the excess use
continues for more than 48 hours after such notification, the customer
may be requested to upgrade to a web hosting service agreement, upgrade
Internet access/DSL account or to modify the activity creating the
excess use. If excessive bandwidth, CPU, or disk space use is
determined by WLS to adversely affect WLS' ability to provide service
for all customers, immediate action may be taken to alleviate the
problem. In such event, the customer will be notified by email as soon
as practicable. (top of page)
Unacceptable Conduct The
following types of conduct are grounds for immediate suspension of
service pending investigation by WLS and may result in termination of
the account(s) if the investigation determines the customer to have
originated or transmitted these types of traffic. In addition, WLS
reserves the right, where feasible, to implement technical mechanisms
that block multiple postings by a WLS customer as described in (a) and
(b) below before such postings are forwarded:
Posting
a single article or substantially similar articles to an excessive
number of newsgroups (i.e., more than 20) or continued posting of
articles that are off-topic (e.g., off-topic according to the newsgroup
charter, or the article provokes complaints from the regular readers of
the newsgroup for being off-topic).
Sending unsolicited mass email messages (i.e., to more than 25 users) that provoke complaints from the recipients.
Engaging
in either (a) or (b) from a provider other than WLS and using an
account on WLS as a mail drop for responses, or to draw attention to a
web site housed within WLS' networks.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by WLS.
Mail bombing (i.e., sending large volumes of unsolicited email to individuals or to individual business accounts).
Impersonating
another user or otherwise falsifying one's user name in email, Usenet
postings, on Internet Relay Chat (IRC), or with any other Internet
service. (This does not preclude the use of nicknames in IRC or the use
of anonymous re-mailer services.)
Privacy
violations: Attempts, whether successful or not, to gain access to any
other system or users' private data without express consent of the user.
Use
of IRC bots or clonebots on WLS, whether on IRC servers controlled by
WLS or by other parties. An IRC bot is a program that runs and is
connected to an IRC server 24 hours a day, automatically performing
certain actions.
Network unfriendly activity:
Attempts to interfere with the regular workings of WLS' systems or
network connections or that adversely affect the ability of other
people or systems to use WLS services or the Internet, including, but
not limited to:v
Any unauthorized attempts by a user to gain root
access or access to any account not belonging to that user on this or
any other WLS system
Any use of this or any other WLS system as a staging ground to disable other system (top of page)
Right to Disconnect Non-Dedicated Accounts
WLS unlimited interactive usage dial-up connections are not intended to
be full-time dedicated connections and will be disconnected after 10
minutes of inactivity. Customer agrees not to use any automatic method
to avoid disconnection, to keep the connection active only when the
customer is actively using it, and not to provide public information
services over the connection. WLS reserves the right to impose a
restriction on accounts it deems to be in violation of these conditions . (top of page)
Compliance with Rules of Other Networks
Any access to other networks connected to WLS' Internet service must
comply with the rules for that other network as well as with WLS' rules. (top of page)
Monitoring/Privacy
WLS reserves the right to monitor any and all communications through or
with WLS facilities. Customer agrees that WLS is not considered a
secure communications medium for the purposes of the Electronic
Communications Privacy Act, and that no expectation of privacy is
afforded. It may become necessary for WLS employees to examine system
accounting logs and other records to determine if privacy violations or
other network unfriendly activities have occurred. WLS also reserves
the right to access a customer's mailbox or other files stored on WLS
systems to resolve system problems or mail system errors. (top of page)
Cooperation with Authorities
WLS reserves the right to cooperate with law enforcement and other
authorities in investigating claims of illegal activity, including, but
not limited to, illegal transfer or availability of copyrighted
material, postings or email containing threats of violence, or other
illegal activity. (top of page)
Confidentiality of Personal Subscriber Information
WLS will not release a customer's personal subscriber information, nor
a customer's billing information, to any third party except upon
presentation of a valid subpoena or court order from a government or
entity with jurisdiction. Customer agrees that WLS' judgment as to the
validity of any court order or subpoena shall be considered proper and
final. (top of page)
WLS' Right to Suspend or Cancel Account
WLS reserves the right to suspend or cancel service to a customer at
any time and without notice, for any reason, including, but not limited
to, refusal or failure to pay for services provided or by sole judgment
of WLS that the customer may be performing activities harmful to WLS or
its customers, employees, vendors, business partners, relationship or
other users of the Internet. (top of page)
Right to Damages
WLS reserves the right to collect damages (software, hardware, and man
hours) if any harm is done to WLS that requires repair or
reconfiguration of any kind. (top of page)
Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action
WLS may take or remedies available to WLS in any way with respect to
any of the described conduct. WLS reserves the right to take any
additional actions WLS may consider appropriate with respect to such
conduct, including without limitation taking action to recover the
costs and expenses of identifying offenders and removing them from the
WLS service, and levying cancellation charges to cover WLS' costs in
the event of disconnection of dedicated access for the causes outlined
above. In addition, WLS reserves at all times all rights and remedies
available to WLS with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute
consent or waiver, and WLS reserves the right to enforce such policy or
rule at its sole discretion. (top of page)
WLS' Right to Change Service
WLS reserves the right to change without notice the WLS service,
including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors, and services offered. (top of page)
WLS' Right to Modify its Acceptable Use Agreement
WLS may modify its Acceptable Use Agreement upon notice published
online via WLS. Customer's use of WLS services after such notice shall
constitute customer's acceptance of the modifications to these policies. (top of page)
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