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Acceptable Use Policy
- ElkhartNet exercises no
control whatsoever over the content of the information
passing through ElkhartNet's servers, computers and data
systems. ElkhartNet. makes no warranties of any kind,
whether expressed or implied, for the service it is
providing. ElkhartNet also disclaims any warranty of
merchantability or fitness for a particular purpose.
ElkhartNet. will not be responsible for any damage you
suffer. This includes loss of data resulting from delays,
non-deliveries, mis-deliveries, or service interruptions
caused by its own negligence or your errors or omissions.
Use of any information obtained via our service is at
your own risk. ElkhartNet. specifically denies any
responsibility for the accuracy or quality of information
obtained through its services.
- ElkhartNet Services may
only be used for lawful purposes. Transmission of any
material in violation of any U.S. or state regulation is
prohibited. This includes, but is not limited to:
copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade
secret. ElkhartNet. will cooperate with local and federal
authorities on violations of local, state, and federal
laws by users of this system. Any such violation known to
ElkhartNet. will be reported to the appropriate agency
and charges may be filed. You agree to indemnify and hold
harmless ElkhartNet. from any claims resulting from your
use of the service which damages you or another party.
- In consideration of
the dialup services to provided to you by ElkhartNet, you
agree that you SHALL NOT
do any of the following:
- Reveal your
account password to others or allow use of
your account by others (other than authorized
users in your household). At no time can
there be simultaneous use of the same user
name and password combination. Should you
violate this promise, ElkhartNet may at it's
sole discretion, and without notice: a)
disconnect and/or suspend your service OR b)
charge you for an additional account at the
rate charged for your account, for each
occurence during the month in which the
violation occurred.
- Post e-mailing
of scams such as 'make-money-fast' schemes.
- Post or
transmit charity requests, petitions for
signatures, chain letters or letters relating
to pyramid schemes. Post or transmit any
advertising, promotional materials or any
other solicitation of other users of the
Service for goods for services except in
those areas (e.g., a classified bulletin
board) that are designated for such purposes
- Use a personal
account for high volume or commercial use, or use of Residential ADSL for network use such as Web server, Email server, FTP server for access by outside networks. If
you would like to provide high-volume or
commercial services, please contact
ElkhartNet for information about opening up a
commercial account.
- Use any
software or device that would allow a dialup
account to stay logged on while you are not
in active use of ElkhartNet services or use
of the account for the purpose of operating a
server of any type.
- Exceed 1GB of
traffic in a 30 day period.
- Exceed a
session length of five (5) hours. You are
responsible for disconnecting and
reconnecting at least every five (5) hours.
If you violate this promise, you may be
charged at the sole discretion of ElkhartNet,
an additional hourly rate of $1.95 per hour
for all hours in excess of the session limit
of five (5) hours. Applies to DIALUP accounts ONLY, DOES NOT APPLY TO ADSL or dedicated accounts.
ElkhartNet
reserves the right to disconnect a dial-up account
after fifteen (15) minutes of inactivity, as detected
through electronic means. This time is approximate
and subject to change without notice in ElkhartNet's
sole discretion. Electronic or mechanical means to
avoid an inactivity disconnect are strictly
prohibited. Electronic or mechanical means include,
but are not limited to "pinging" the mail
server, employing electronic or software autodialer
features to maintain an active connection or
repeatedly checking for mail by auto login to the
mail server. ElkhartNet reserves the right to
electronically audit all dialup connections to
enforce the above requirements.
- Payment is due upon receipt
of invoice. Accounts are in default if payment is not
received within 15 days after date of invoice. If your
payment is returned to us unpaid you are immediately in
default and subject to a returned check charge of $25
from us. Accounts unpaid 45 days after date of invoice
may have their service interrupted. Such interruption
does not relieve you from the obligation to pay the
monthly charge. Only a written request to terminate your
service relieves you of your obligation to pay the
monthly account charge. Accounts in default are subject
to an interest charge of 1.5% per month on the
outstanding balance. If you default, you agree to pay
ElkhartNet. its reasonable expenses, including attorney
and collection agency fees, incurred in enforcing its
rights under these Terms and Conditions.
- You agree to provide
ElkhartNet with accurate and complete billing
information, including legal name, address and telephone
number, and to update this information within thirty (30)
days of any change to it. Payment for a ElkhartNet
account or service by fraudulent means will result in
immediate and permanent termination of the account and
possible criminal penalties.
- If you choose to pay for
your account by credit card, then your ElkhartNet account
will be considered delinquent if your credit card company
refuses for any reason to pay the amount billed to it and
that amount remains unpaid at the beginning of the next
accounting cycle. Accounts that are delinquent by more
than one accounting cycle may be suspended, archived, or
purged from the system. Suspended accounts continue to
accrue charges until reinstated or canceled, even if the
account is not used. You acknowledge responsibility for
any account you have opened until payment in full is
made, or until account is cancelded as provided in
paragraph 8 herein.
- ElkhartNet reserves the
right to charge a service reconnection fee to reinstate
suspended accounts.
- Service is invoiced as
stated in the ElkhartNet pricing plans and may be cancelled in
writing with 30 days notice with no penalty.
Accounts WILL NOT be considered
cancelled unless written notice is received as provided
herein, otherwise, you agree to continue to pay for your
account until such witten notice is received by
ElkhartNet. ElkhartNet reserves the right to change the
rates and otherwise modify these Terms and Conditions by
notifying you 14 days in advance of the effective date of
the change.
- These Terms and Conditions
supersede all previous representations, understandings or
agreements and shall prevail notwithstanding any variance
with terms and conditions of any order submitted. Your
use of ElkhartNet constitutes acceptance of these Terms
and Conditions.
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