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Acceptable Use Policy & Customer System Use Agreement
This Acceptable Use Policy constitutes an Agreement between
River City Internet ("River City") and it's account
holders ("Customers") and System Users. This Agreement
applies to all River City Customers and all users of the River
City network system, including dial-up account holders, FTP
access account holders and all users accessing any World Wide
Web server hosted on River City network computers, servers and
related systems ("System Users"). This Agreement represents
the complete agreement and understanding between River City
and its Customers and System Users and supersedes any other
written or oral agreement. Upon notice published on-line via
River City's web site, (http://www.rivercityinternet.com) River
City may modify the terms and conditions of this Agreement.
River City reserves the right to discontinue or change services
offered.
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE
OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION
TO USE OF THE RIVER CITY NETWORK SYSTEM.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
PERMITTED TO USE THE RIVER CITY NETWORK SYSTEM. IF YOU ARE AN
ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 641.424.1511
SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.
Terms and Conditions and Acceptable Use
1. Limitation of Warranty
River City makes no warranties of any kind, whether express
or implied, for the service it is providing. River City also
disclaims any warranty of merchantability or fitness for a particular
purpose. River City will not be responsible for damages suffered
by any Customer, including, without limitation, incidental or
consequential damages or lost profits. This includes loss of
data resulting from delays, non-deliveries, misdeliveries, system
failures or service interruptions caused by any source whatsoever,
including River City's own negligence, subscriber's errors or
omissions, or due to the fault of third parties. Customers understand
and agree that River City undertakes no obligation to maintain,
protect or safeguard Customer's data stored on any River City
equipment and Customer agrees to accept responsibility for maintaining
backup copies of all such data. Customer agrees to upload and
store data to River City equipment at Customer's own risk and
Customer expressly assumes such risk.
2. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided
by River City will be used only for proper legal purposes and
in a lawful manner. Transmission or publication of any information,
data or material in violation of any U.S., State or international
law or regulation is strictly prohibited. This includes, but
is not limited to, material protected by copyright, trademark,
trade secret law or any other law, as well as threatening, offensive,
harassing, obscene or pornographic material or content. Customers
and System Users warrant that any data uploaded for publication
on River City's web servers does not violate or infringe any
copyright , trademark, patent, statutory common law or proprietary
interest of others or contain anything obscene or libelous.
3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that River City shall have
the absolute right to remove any and all materials which, in
the sole and unrestricted discretion of River City, violate
law or fail to conform with this Agreement and the acceptable
uses described herein. Such materials may be removed and destroyed
at any time, without prior notice.
4. Indemnity
Customers and System Users agree to defend, hold harmless
and expeditiously indemnify River City from any liability, claim,
loss, damage or expense arising out of the Customer's or System
User's breach or violation of any term, condition or covenant
contained in this Agreement or resulting from the use of any
River City system, network or service.
5. Use of Network Access
River City access and web server accounts cannot be transferred
or used by anyone other than the River City Customers or authorized
System Users. Customers and System Users may not sell, lease,
rent or assign an Internet connection or parts of the connection
to any party without the express, prior written approval of
River City. Use of Network bandwidth is expected to be reasonable
and moderate. River City reserves the right to impose additional
charges for use of Network bandwidth in excess of reasonable
or allocated amounts. Customer will receive advanced notice
of River City's intent to impose any such charges.
6. Account Cancellation
River City reserves the right to cancel service for any
reason without prior notice. In the event of cancellation, unused
fees for the current month will not be refunded or pro-rated.
Customers must notify River City prior to the end of their current
billing period to avoid further charges. Notification will be
accepted via email, fax, telephone call, or letter. Confirmation
of cancellation must be received by customer for cancellation
to be effective. River City is not responsible for unconfirmed
cancellations and will not refund charges for unconfirmed cancellations.
Customers canceling service within the money back guarantee
period (within 30 days of initial signup) will have their monthly
service fee fully refunded; the set-up fee is not refundable.
Customers who cancel a pre-paid account plan (3 months, 6 months,
1 year plans) after the first 30 days of service will not receive
a refund of any unused fees.
7. Agreements with Minors
River City requires that its agreements be made with a
person who is qualified to contract. As such, Customers must
be over the age of eighteen (18) years. Otherwise, a parent
or guardian must accept this agreement and assume responsibility
for payment of River City services and for Customer's compliance
with this Agreement.
8. Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of River City's
network services shall not disrupt River City, its associated
networks or equipment forming part of River City's or the internet's
systems. Customers and System Users shall not transmit any communication
where the meaning of the message, or its transmission or distribution,
would violate any applicable law or regulation or would likely
be offensive to the recipient thereof. No message may be mass
distributed, "broadcast," or otherwise sent on an
intrusive basis to any River City user or to any directly or
indirectly attached network. Use of River City's Internet connection
in a manner that is disruptive, damaging, unlawful, offensive,
or intrusive as determined by River City shall be considered
a breach of this Agreement and may result in cancellation of
service. It is not acceptable to use River City's services and
facilities to interfere with or disrupt other network users,
services or equipment. Such interference or disruption includes,
but is not limited to: - improper, harassing or offensive distribution
of unsolicited advertising, - excessive newsgroup cross-posting,
- transmissions of any type or quantity that causes disruption
of service to others, - propagation of computer worms or viruses,
- use of the network to make unauthorized entry to other computer
networks, information or communications devices or resources,
- sustained, excessive use of River City's access service, equipment
or network connection without prior arrangement with River City.
9. Automated Software and Connections
The installation, compiling, use, or implementation of any of
the following are prohibited without express permission: Robots,
Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind,
etc. Any process that causes excessive use of system resources
to the point where other users may be affected is strictly prohibited.
Software may not be installed on or compiled on any River City
server without prior explicit permission. The use of any unattended
connection software is prohibited without prior permission.
All River City access accounts are for the use of human beings
and require that a human being be present to initiate and monitor
connections. River City has a 15 minute inactivity timeout.
The use of any program to defeat this timeout is strictly prohibited.
Any violation may result in immediate termination of service. |
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