Changes
effective March 1, 2006 have been highlighted in red.
These Terms Of
Service And Acceptable Use Policies ("Terms and Policies")
are an essential part of your relationship with Robert H.
Braver d/b/a oklahoma-isp.net ("oklahoma-isp.net").
These Terms and Policies have been established with a view
towards making everyone's Internet experience both pleasant
and legal, and are consistent with the generally accepted
standards imposed by virtually all other Internet providers
and/or their underlying carriers. By using your oklahoma-isp.net
account, you agree to all of the Terms and Policies set out
in this document.
1. GENERAL TERMS
AND POLICIES. oklahoma-isp.net is a private company providing
certain Internet services. oklahoma-isp.net's equipment and
facilities may be used to send and receive electronic mail,
access the Internet through a dial-up telephone or a dedicated
connection, host Internet back-end services such as domain
name service, web servers, mail servers, ftp servers, and/or
other services pursuant to a specific customer agreement and
subject to these Terms and Policies.
The Service is
provided to authorized persons or organizations (referred
to in this document as "Customer" "Subscriber"
or "you"). Any use of the service is subject to
any restrictions listed below. By using the Service, you agree
to be bound by all of theses Terms and Policies. If you do
not agree to be bound by these Terms and Policies, you must
cancel your account immediately and may not thereafter use
or attempt to use the Service.
2. BILLING AND
PAYMENT. Billing is in advance of
the following calendar month's service.
Invoices are generated at the beginning of a monthly, quarterly,
or yearly billing period, as applicable, and payments are
due within 14 days. All payments for service are for
a full period of service whether the customer uses the service
for the full period or not. Except for the first month's service
on certain services, no prorating
of the service period will be offered.
If the customer's
check is returned unpaid, the customer is immediately in default
and subject to a returned check charge of $10.00. Suspended
and canceled accounts may be charged a re-activation fee per
the customer's applicable rate schedule. Unpaid accounts may
have their service immediately interrupted without notice.
Such interruption does not relieve customer from the obligation
to pay the current account charges including any re-activation
charges if applicable.
If
an account includes charges that remain unpaid 30 or more
days after the invoice date, oklahoma-isp.net may impose a
monthly past-due billing fee of 2% of the delinquent balance
or $2.00, whichever is greater.
3. TERM. The Service
is provided to you on a month-to-month basis, except for those
rate plans that are billed quarterly. oklahoma-isp.net must
receive written notice of termination (which may be by first-class
mail or by e-mail) from you at least 5 days prior to the end
of a monthly billing period or
15 days prior to the end of a quarterly
billing period, or the Service will be provided and
charged to you for the following month or quarter, respectively.
4. GROUNDS FOR
SUSPENSION AND TERMINATION. You agree to comply with these
Terms and Policies, as well as the applicable rules, regulations
and policies of any network, bulletin board, newsgroup, web
site or Internet Service Provider accessed through the Service.
Any violation of either these Terms and Policies or the other
rules, regulations or policies noted above may serve as cause
for oklahoma-isp.net to suspend or terminate your account.
You agree that oklahoma-isp.net has the right, with or without
notice, to suspend or terminate your account upon the first
or subsequent occurrence of any of the following:
a. Using the
Service in a way which constitutes violation of any applicable
statute, law, court order, tariff, regulation, or treaty
(including, but not limited to, intellectual property, communications,
privacy, criminal and international law). This includes,
but is not limited to: threatening, abusive, defamatory,
vulgar or obscene language, hate speech, any action which
threatens public or private rights or which is considered
objectionable, any action which encourages a criminal offense
or gives rise to civil liability;
b. Using the
Service in a manner intended to abuse or violate the privacy
or property rights of others, including but not limited
to sending of unsolicited commercial e-mail ("Spam"),
as defined in Paragraph 5 below;
c. Using the
Service in an attempt to break security, or so as to actually
break security of any computer network (including the Service
itself), or to access an account, message, or file which
does not belong to you;
d. Using the
Service in such a way as to forge or misrepresent headers,
addresses, or other identification in electronic mail or
USENET postings, or using any other method to disguise the
sender's identity or location;
e. Excessively
using the Service in such a way as to limit the bandwidth
available to others, including, but not limited to, exceeding
the limits associated with your applicable rate plan;
f. Posting commercial
messages to a USENET group where the posting is not approved
by the specific USENET group in its charter, or posting
the same or substantially similar message to a large number
of newsgroups and/or to the same newsgroup(s) repeatedly;
g. Using the
Service to promote or solicit competing Internet services;
h. Using the
Service for unauthorized relays through any third party
systems;
i. Attempting,
in any way, to interfere with or deny service to any user
or any host on the Internet;
j. Using the
Service for mail-bombing, which includes any instance where
multiple messages are sent to a specific destination with
the intent to render the recipient and/or the electronic
system serving that recipient dysfunctional or to otherwise
create a nuisance;
k. Using the
Service to add or attempt to add addresses to any mailing
list (yours or a third party's) without the explicit positive
consent of the addressee(s);
l.
Using the Service to forward or post "chain letters"
(multiple forwarding) of any type;
m. Attempting
to cancel, supersede, or otherwise interfere with e-mail
or USENET posts other than your own;
n. Engaging in
harassment, whether through language, frequency, or size
of messages;
o. Using the
Service to engage in flood attacks, which are defined as
overburdening a recipient computer system by sending a high
volume of spurious data which effective impedes or totally
disables functionality of the recipient system(s), or any
other methods of denial-of-service attacks; or,
p. Furnishing
false data on your sign-up form, contract, or online application,
including providing fraudulent credit card or other payment
information.
No bill credit
will be given for a period of suspension. In the event of
termination of your use of the Service under this section,
oklahoma-isp.net may at its sole discretion retain any or
all amounts you have paid for use of the Service as liquidated
damages for your actions.
5. UNSOLICITED
BULK EMAIL. Unsolicited Bulk Email or "spam" includes:
a. COMMERCIAL MESSAGES:
Any message which is on its face or ultimately for a commercial
purpose, including advertising the commercial availability
or quality of any product, service, or property, that is sent
to any email address unless the owner of the email address
has a preexisting business relationship with the sender or
has expressly opted in to receive such mailings, and the following
industry standard best-practices are adhered to:
1) The records
or other proof of recipient's opt-in request must be readily
available, and made available to oklahoma-isp.net management
upon demand in the event that it is necessary for the purpose
of investigating complaint(s).
2) Subscription
requests via email, web site, or other comparable methods
are verified by sending a confirmation email message to
the email address to be subscribed, and subscribing that
address only after the addressee has completed a secure
verification step outlined in the confirmation email message
to affirm the request to be added to the list.
3) All messages
sent include a working unsubscription mechanism that allows,
at minimum, the recipient to unsubscribe by sending an emailed
unsubscription request to a specified email address.
4) The owners
of email addresses obtained from third parties are presumed
not to have given consent unless, in addition
to the above requirements, it can be readily demonstrated
that the consent to receive information was specifically
granted to the person or entity whose products, services,
or property are being advertised.
b. NON-COMMERCIAL,
BULK MESSAGES: Any message or substantially similar message
sent to multiple recipients, with the following exceptions:
1) Owners of
email addresses who have opted-in to a specific mailing
list which complies with the standards for commercial mailing
lists as described above.
2) Messages sent
to email addresses publicly listed as soliciting comments,
inquiries, resumes, entries, or other communications so
long as those messages are appropriate for the stated purpose.
3) Messages sent
to persons that are personally known to the sender and would
not reasonably be expected to object to the mailing.
c. MESSAGES SENT
USING OTHER FACILITIES OR BY THIRD PARTIES: The provisions
outlined in these Terms and Policies with regards to Spam
apply to any email messages sent by or on behalf of our subscribers
regardless of whether oklahoma-isp.net's facilities are used
in the actual transmission of the email messages or not.
6. INCOMING SPAM
POLICY. oklahoma-isp.net's prohibition of the use of its facilities
for the transmission of Unsolicited Bulk Email or Spam, as
defined in Paragraph 5, also applies to incoming email messages
destined to any domain serviced by oklahoma-isp.net's facilities.
While oklahoma-isp.net allows each user to maintain a high
degree of control of his or her individual settings for spam
filtering, certain Internet domains and/or IP address ranges
belonging to known spam operations may be specifically blocked.
oklahoma-isp.net does not anticipate that such specific blocking
will result in the blocking of any legitimate email. Therefore,
any customer or potential customer who desires to have the
ability to receive all such messages, including those from
known spam operations, should not use oklahoma-isp.net's email
services.
7. SECURITY. You
agree not to access or attempt to access private areas of
the Service. You agree to notify oklahoma-isp.net as soon
as you become aware of an unauthorized use of your account
and/or any breach or attempted breach of security on the Service.
8. INTELLECTUAL
PROPERTY. oklahoma-isp.net does not undertake to examine or
review messages, files, or other materials which are accessible
through, pass through, or reside on the Service. In compliance
with the Federal Digital Millennium Copyright Act, oklahoma-isp.net
has designated Robert H. Braver as the individual to receive
complaints about alleged copyright infringement taking place
on oklahoma-isp.net's facilities. To avail yourself of the
protections of the Digital Millennium Copyright Act, if you
believe that your copyright(s) is/are being infringed by means
of material hosted on oklahoma-isp.net's facilities, you need
to provide a signed notice in writing to Robert Braver, 330
W. Gray St., Ste. 140, Norman, OK 73069, containing a specific
identification of the allegedly infringing material and the
location(s) on oklahoma-isp.net's facilities where the materials
are to be found. Upon receipt of such written notice, oklahoma-isp.net
will expeditiously remove or block access to the allegedly
infringing material, and provide notice to the person who
had posted that material. If oklahoma-isp.net receives a notification
from that person indicating that the claim of infringement
was based upon mistake or misidentification, oklahoma-isp.net
will send you a copy of that notification. Unless you notify
oklahoma-isp.net of appropriate court action to restrain the
alleged infringement, the challenged material will then be
restored or other wise made accessible again.
9. LIABILITY. You
agree that use of the Service is at your own risk. Except
for information, products, or services clearly identified
as being supplied by oklahoma-isp.net, neither oklahoma-isp.net
nor any of its affiliates controls, provides, operates, or
is in any way responsible for any information, products, or
services accessible through the Service. oklahoma-isp.net
neither endorses nor is responsible for the accuracy of third-party
material(s), and you agree that oklahoma-isp.net is not responsible
for any loss or damage caused by your use of, or reliance
on, such material(s).
You understand
and agree that you have sole responsibility for your posting
of any information or material to any site or newsgroup on
the Internet, including but not limited to postings to Web
sites, whether residing on oklahoma-isp.net's equipment or
not, postings to newsgroups, and participation in any on-line
chat sessions. You agree to indemnify and hold harmless oklahoma-isp.net
and its officers, directors, employees, and other customers
and subscribers from and against any claims, losses, costs,
liability, damages or expenses arising out of your postings.
You agree to be
liable for any damages or loss of service which results in
damages to oklahoma-isp.net as a result of any spamming or
other violations of Section 4 above. These damages include,
but are not limited to, system shut downs, retaliatory attacks
or data flooding, and loss of peering arrangements. You agree
that oklahoma-isp.net may pursue any such claims against you
in District Court in Cleveland County, Oklahoma.
You agree that
in no event will oklahoma-isp.net have financial liability
to you in excess of the dollar amount remaining on your current
service period, or $50, whichever is greater.
10. WARRANTY. OKLAHOMA-ISP.NET
MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES
OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE,
OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE,
REGARDLESS OF WHAT YOU MAY HAVE TOLD OKLAHOMA-ISP.NET ABOUT
YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION
GIVEN BY OKLAHOMA-ISP.NET OR ITS EMPLOYEES SHALL CREATE A
WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND
ANY SOFTWARE PROVIDED TO YOU BY OKLAHOMA-ISP.NET ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS; OKLAHOMA-ISP.NET
DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED,
OR THAT DEFECTS WILL BE CORRECTED. OKLAHOMA-ISP.NET DOES NOT
GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH
MAY BE STORED ON THE SERVICE.
11. CONTENT. You
understand and agree that information and access available
through the Service may include controversial, sexually explicit,
or other material that may be offensive to you or users for
whom you are responsible. oklahoma-isp.net has no responsibility
for or control over such materials, and you take sole responsibility
for using any available screening software or other methods
of limiting access (specifically including the access of minors)
to any material you may find objectionable.
12. PRIVACY. oklahoma-isp.net
commits to follow the controlling Federal and state laws respecting
Subscriber privacy and data access. oklahoma-isp.net will
not provide names, addresses, telephone numbers, e-mail addresses,
or other personally identifiable information on any Subscriber
to any third party without prior permission from that Subscriber,
or as required under an appropriate court or administrative
directive, including a facially valid subpoena, or as necessary
to render the Service. oklahoma-isp.net may provide aggregate
data on Subscribers to third parties in the operation of oklahoma-isp.net's
business.
13. OWNERSHIP OF
DOMAIN NAMES. Registry of domain names is performed strictly
as a courtesy service on behalf of our Customer. In accordance
with ICANN regulations, Subscriber must designate the legal
owner of the domain name and valid contact information, acknowledge
legal ownership of the domain name, and acknowledge and agree
to be bound by the applicable registry agreements including
those related to domain name ownership disputes. oklahoma-isp.net
holds no ownership interest in the domain name by virtue of
performing registration on behalf of Subscriber, and will
generally list itself only as a technical contact unless instructed
otherwise. However, oklahoma-isp.net
will have a lien on any domain names registered on behalf
of our Customer for any unpaid domain name registration fees.
Subscriber is free to transfer the domain to an alternate
registrar at any time, subject only
to the provisions of any applicable term agreement as
long as there are no outstanding charges for domain registration
fees. oklahoma-isp.net in no way represents Subscriber
in any capacity except for the limited purpose of performing
domain name registrations or renewals as a convenience to
Subscriber. If the registration fees
for a domain name remain unpaid for 90 or more days, and oklahoma-isp.net
has provided at least 30 days' written notice via first class
mail addressed to the Customer's last known mailing address,
oklahoma-isp.net, in its sole discretion, may transfer ownership
of the domain to itself and/or sell the rights to the domain
name to a third party as liquidated damages for failure to
reimburse the domain name registry fees advanced on behalf
of Customer. Such election will have no bearing on any other
outstanding charges.
14. ADDITIONAL
PROVISIONS FOR DIAL-UP INTERNET ACCESS. oklahoma-isp.net's
dial-up Internet access offers connectivity to the global
Internet via telephone modem access numbers throughout Oklahoma
and nationwide through roaming agreements with national data
carriers. The customer is responsible for determining and
verifying whether a given access number is a local or long
distance telephone call and is responsible for any long distance
charges incurred. Dial-up accounts for individuals are for
use only by our customer and his or her immediate family members
residing in the same household. Dial-up accounts may not be
left connected for extended periods of time when the customer
is not personally using (i.e. in front of) the connected PC,
nor may more than one concurrent connection be made. For dial-up
service plans offered with a limited number of monthly hours
with overage fees for additional time, Customer agrees to
be billed and promptly pay for any such overage time. For
such limited use plans without specific time charges, oklahoma-isp.net
reserves the right, but is not obligated,
to upgrade Customer's plan to the appropriate higher
or unlimited use plan upon notice to the Customer if the Customer's
use exceeds the plan's limits for two or more consecutive
months or by more than 20% in any one month.
15. ADDITIONAL
PROVISIONS FOR DEDICATED INTERNET ACCESS. oklahoma-isp.net's
dedicated Internet access offers connectivity to the global
Internet through a dedicated circuit. The price, bandwidth,
data transfer limits, and term agreement for such service
will be governed according to a specific agreement acting
as an addendum to these general Terms and Policies. Customer
agrees not to resell or otherwise share access to the service,
and if utilizing technologies such as a wireless router or
access point to distribute service within customer's premise,
customer shall secure such access through, at minimum, a 128-bit
WEP key.
16. HEADINGS. Capitalized
headings are for identification only and do not form a part
of this agreement.
17. GOVERNING LAW.
These Terms and Policies are governed in all respects under
the laws of the State of Oklahoma.
18. SEVERABILITY.
In the event that any provision in these Terms and Policies
is deemed to be unenforceable, the remaining provisions will
continue to be in full force and effect.
19. AMENDMENTS.
These Terms and Policies may be amended in any respect at
any time by oklahoma-isp.net upon the posting of the amended
Terms and Policies on the Terms of Service section of the
Service. Your continued use of the Service will be deemed
consent to any such amended Terms and Policies. If you do
not wish to continue to use the Service as a result of any
such amended Terms and Policies, you may provide notice of
your wish to terminate your use of the Service to support@oklahoma-isp.net,
and any unused portion of fees you have paid for the Service
will be returned to you within 20 days.
Last
Revision: February 6, 2006
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