THIS AGREEMENT is effective as of the Subscriber account creation date (the "Effective Date") between the Subscriber and Aspect1 ("Aspect1"). Aspect1 agrees to provide access to Internet, and Subscriber agrees to accept and utilize Aspect1's service, according to the terms of this Agreement.
1. Aspect1 Filtering. Subscriber understands the filtering technology is not 100% effective.
2. Service. Upon receipt and approval of this Agreement, Aspect1 shall create Subscriber's account to enable Subscriber's access to the service plan or upgraded service plan selected by Subscriber below (the "Service"). Subscriber is responsible for all use of Subscriber's account and maintaining the confidentiality of Subscriber's password. Aspect1 will suspend access or change access to Subscriber's account upon notification by Subscriber that his or her password has been lost, stolen or otherwise compromised. Subscriber shall remain liable for all charges incurred on Subscriber's account and Aspect1 shall not be liable for any usage or charges prior to Aspect1 making the necessary account alteration.
3. Technical Support. Aspect1 will provide technical support consulting services via telephone, e-mail and facsimile to assist in establishing Subscriber's connection to the Service and configuration of Internet software tools ("Technical Support"). Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support function or services, including, but not limited to, maintenance or repair of Subscriber's hardware. Technical Support will be provided at no charge to Subscriber if made directly to either Subscriber or Subscriber's technical contact. Under no conditions, however, will Technical Support be provided to both Subscriber and Subscriber's technical contact. Subscriber shall be charged at Aspect1's standard hourly rate, as may be changed from time to time, for services not designated as Technical Support or for any Technical Support provided to someone other than Subscriber or Subscriber's technical contact. Prior to requesting support services from Aspect1, Subscriber or Subscriber's technical contact agrees to ask Aspect1's customer support personnel if the requested support services qualify as Technical Support. Technical Support hours are posted on the Aspect1 website. Technical Support hours are subject to change.
4. Equipment & Utilities. Subscriber shall provide its own computer and telecommunications equipment necessary to access the Service. Subscriber is solely responsible for all local and long-distance telephone charges for connecting to the Service. Aspect1 shall have no responsibility for any charges or tariffs related to any Subscriber telephone connection or on-line services of any entity accessed by or for Subscriber.
5. Term. This Agreement shall be effective on a calendar month to calendar month basis beginning on the Effective Date and continuing until terminated. This Agreement may be revoked by Aspect1 at any time prior to the Effective Date.
6. Termination by Aspect1. Aspect1, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service upon any breach of this Agreement by Subscriber, including, but not limited to, refusal or failure to pay for Service or by sole judgment of Aspect1 that Subscriber may be performing activities harmful to Aspect1 or its other subscribers, employees, vendors, business relationships or any other users of the Internet. Aspect1 may terminate this Agreement without cause upon thirty (30) days prior Notice.
7. Termination by Subscriber. Subscriber may terminate this Agreement upon: (1) thirty (30) days prior Notice and (2) payment of all subscription fees through the Notice period. Cancellations must be made in writing through email, fax, or postal letter. Email notifications must be to [email protected].
8. Data. Subscriber understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to Aspect1. Aspect1 has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT SUBSCRIBER'S OWN RISK.
9. Limited Warranty. Aspect1 warrants only that it shall, subject to the terms and conditions of this Agreement, provide Subscriber the Service. SUBSCRIBER AGREES THAT THE SERVICE IS BEING PROVIDED "AS IS, WITH ALL FAULTS ACCEPTED." Aspect1 MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. Aspect1 FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM.
10. Limitation of Liability. SUBSCRIBER SPECIFICALLY AGREES THAT, IN NO EVENT, SHALL ANY LIABILITY TO Aspect1 AS A RESULT OF THIS AGREEMENT AND THE PROVISION OF SERVICE HEREUNDER EXCEED SUBSCRIBER'S MONTHLY FEE OF ANY SINGLE MONTH DURING WHICH ANY CLAIM DERIVING LIABILITY AROSE. Aspect1 SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE.
11. Compliance & Indemnification. Subscriber agrees to use the Service in compliance with all applicable laws, and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber shall be charged for all costs incurred by Aspect1, including reasonable attorney fees, for any claim, loss, or damage arising out of Subscriber's use or misuse of the Internet. Subscriber specifically agrees to defend, indemnify, and hold harmless Aspect1, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Subscriber under this Agreement or its use of the Service.
12. Law. This Agreement shall be construed under the laws of the State of Arizona, Arizona courts shall have jurisdiction over this Agreement and the parties, and all litigation hereunder shall, to the extent possible, be in Arizona.
13. Notice. Notice shall be in writing and delivered by hand, electronic mail (e-mail), facsimile, or certified mail at the addresses set forth herein. Notice shall be effectively given upon receipt if delivered by hand, e-mail or facsimile, or, if given by certified mail, upon expiration of five (5) days after postmark.
14. Payment Terms. Payment of the selected Service is due monthly on the first day of each calendar month for that month's Service. If the Effective Date occurs on other than the first day of a month and fewer than the Service hours are accessed that first month, then the fee for that month shall be pro-rated. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE, IN ADVANCE, ON OR ABOUT THE FIRST DAY OF EVERY MONTH FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $25 will be assessed for (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of service terminated for non-payment. Payment is late after the first (1st) day of the month. Aspect1 may change any fee, rate, or plan upon thirty (30) days Notice.
15. Payment Method. SUBSCRIBER HEREBY AUTHORIZES CHARGES TO BE MADE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY Aspect1 AFTER NOTICE TO SUBSCRIBER. Payment may be made by check for a purchase order only by key accounts and only upon prior authorization by Aspect1. Subscriber additionally authorizes periodic verification of credit worthiness. Aspect1, in its sole discretion and judgment, may discontinue credit at any time without notice.
16. Force Majeure. Aspect1 shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, QWest Communications, Inc. or any other third party telecommunications providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of Aspect1.
17. Waiver. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
18. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Subscriber without the express written consent of Aspect1. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of Aspect1, and permitted assigns of Subscriber.
19. No Resale. The Service provided hereunder is limited to Subscriber and may not be resold in any manner whatsoever unless Subscriber selects a reseller plan and Aspect1 provides written acceptance of Subscriber's selection of a reseller plan.
20. Modification/Amendment. This Agreement may be amended or modified from time to time upon Notice to Customer in Aspect1's sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.
21. Entire Agreement. These terms and conditions constitute the entire agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by Aspect1 upon thirty (30) days Notice. Any changes or amendments to this Agreement shall be set forth at http://www.aspect1.com This Agreement may not be amended by Subscriber except by a writing signed by both parties hereto.
The Aspect1 Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Aspect1 Internet service (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Aspect1 may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. . BY APPLYING FOR THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Aspect1 account. Other actions that may be taken are contained in section 4 below. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
Aspect1, Inc. is a family-oriented Internet Service Provider which makes a reasonable effort to ensure that each user has the tools needed to help filter out unwanted Internet content from their homes. To this end, the blocked site list is updated every 24 hours in an effort to stay current with changes occurring on the Internet. The filtering technology used is 96% effective in blocking unwanted Internet sites. To help us make our filtering service the best that it can be we ask that our users advise us of any website that they become aware of and which they find "offensive" while surfing the Internet with filters on. All such "offensive" sites submitted by users will be reviewed, and at the sole and unlimited discretion of Aspect1, Inc., the site or may or may not be added to the blocked site list. Customers may also email our filtering department if they feel a site has been blocked in error. We will review that site and unblock it if it is indeed blocked in error and contains no questionable content.
The Services are provided by Aspect1 ISP and are conditioned upon and subject to your compliance with the terms of this Agreement.
2. VIOLATIONS OF THE Aspect1 ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a. Illegal Use: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
b. Harm to Minors: Using the Services to harm, or attempt to harm, minors in any way.
c. Threats: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent Activity: Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
f. Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
g. Unsolicited Commercial Email (UCE)/Unsolicited Bulk Email (UBE): Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. Subscribers who send UCE or UBE will be charged a minimum $250 fine for each violation.
h. Unauthorized Access: Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Aspect1's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Subscribers who knowingly gain unauthorized access to Aspect1' network will be prosecuted to the fullest extent of the law.
i. Copyright or Trademark Infringement: Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Aspect1 is registered under the Digital Millennium Copyright Act of 1998.
j. Collection of Personal Data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the Services: Reselling the Services without Aspect1's authorization. Such activities will be prosecuted to the fullest extent of the law.
l. Network Disruptions and Unfriendly Activity: Using the Services for any activity that adversely affects the ability of other people or systems to use Aspect1 Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. Long Connections, Multiple Logins and Usage Limits: Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes-up to 150 hours/month. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Aspect1 maintains the right to terminate any member's connection following any extended period of inactivity as determined by Aspect1. Subscribers who login simultaneously with the same account login will immediately have their account frozen and will incur a $10 reconnect fee.
o. Exceeding Web Site Size and Traffic Limitations: All Aspect1 Members receive 10 MB free web space for use with their Aspect1 Internet access account. Each member's free web space is allocated a certain amount of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month. A site that exceeds the Aspect1 Member's maximum allotment in size will also become unavailable. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools.
3. DSL ACCEPTABLE USE POLICY
a. What You Can Do To Protect Your Machine: We ask that you consider the following minimum software solutions for any machine you place online.
Our policy of network security should be understood clearly prior to using your DSL connection. Your machine under normal or abnormal operating conditions may not at anytime operate in a manner that is disruptive to our network or networks of others, this includes but is not limited to, deployment of network discovery tools (commonly referred to as "scanning") Attempts to enter systems to which you do not have legitimate access. This includes exceeding your rights on a machine to which you have access. You may be held responsible for attacks on the network should you leave your computer open to viruses or outside attackers.
b. Email: Your machine may not use our services to transmit Unsolicited Commercial E-Mail (UCE) Commonly referred to as "SPAM". We also do not permit the collection of e-mail addresses without prior consent of the mailbox owner. As a DSL connection you may not operate any mail server software without prior consent from our network. The main reason behind this is compromise of your mail services may lead to undesirable results (someone using your server to relay mail). Should you be solicited or harassed by mail, forward that email and your grievance to [email protected] We will investigate them and have the activity stopped. It is important to remember we cannot disclose identities of parties involved without a court order. When issued such an order, we will comply with the instructions given. Subscribers who send UCE or UBE will be charged a minimum $250 fine for each violation.
c. IRC (Internet Relay Chat): Your DSL connection may not be used as an IRC server you may however operate "bots" programs to assist you or others in IRC related tasks. When using IRC services it is expected that you will not conduct yourself rudely, as many of these services are operated at the expense of the owners and provided to you free of charge.
d. Scanning Utilities: We do not permit the use of "war scripts" typically engineered to cause harm to users or systems when employed. Scripts typically incorporate "scanning" utilities that violate other people's privacy and violate our acceptable use policy.
e. Websites: Your DSL connection may not be used as a web server, if you desire a personal web page or site please contact our support department. Subscribers who operate a web server on their DSL connection my be fined a minimum $250 per week the web server has operated.
f. Personal Chat Programs: Personal chat programs such as ICQ (http://www.mirabilis.com) or AOL Instant Messenger (http://www.aim.aol.com) should be used responsibly. Use of these tools to spy, harass or stalk someone online is now a crime in the state of Florida. When using these programs, consider your profile's information carefully, anything you put as a profile can and will be seen by others. You should also consult the program's documentation about logging your chats, in cases of harassment or stalking by others, these logs will be critical in our investigation.
g. FTP: Your DSL connection may not be used to host an FTP site. These types of sites consume an enormous amount of bandwidth and also pose a threat to the security of your machine. Subscribers who operate an ftp server on their DSL connection may be fined a minimum $250 per week the ftp server has operated.
h. Service Ports: We employ system scanning of our DSL subscribers for service ports (http, ftp, smtp, pop3 irc, napster etc.). If it is discovered that a customer is utilizing service ports, they will be notified by e-mail to cease providing any of these services. Once an email has been logged as received, it is constituted as a warning and reminder of our policy. If there is a 2nd infraction we are not obligated to provide further warning before termination or fines.
4. REPORTING VIOLATIONS OF Aspect1'S AUP
Aspect1 requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: [email protected] If available, please provide the following information:
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. Aspect1 may take any one or more of the following actions in response to complaints:
5. REVISIONS TO THIS ACCEPTABLE USE POLICY
Aspect1 reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.
Please use the phone numbers below to contact us:
Please write this information in your notes in the event that you need to reach us.
We regret any inconvenience this may cause.