RULES & REGULATIONS
Iway Network Consulting, Inc.
OPERATIONAL RULES AND USAGE POLICIES
January 1, 1997
These rules are designed to protect the Iway Network Consulting
(IwayNet) Internet system, its employees, and its users. They are also
provided to make use of IwayNet and the Internet a positive and secure
experience for everyone involved. IwayNet maintains the belief that the
customers' freedom and privacy are of paramount importance and that these
rules serve to secure that freedom and privacy. Any use of IwayNet's
Internet access constitutes an agreement to abide by these rules. All
references to IwayNet in Service Agreement Terms and Operational Rules
include the company, its systems, and its employees.
Individual under 18 years of age must have a parent or legal guardian
fill out all necessary account registration forms and enclose appropriate
payment. IwayNet cannot accept payment from individuals under the age of
18. The parent or legal guardian of any minor who is accessing IwayNet
must read, understand, and agree to these rules in their entirety. Some
material accessible from this system may contain adult themes or subject
matter inappropriate for minors.
IwayNet Internet services may be used only for lawful purposes.
Transmission or solicitation for reception of material which violates US
Federal or Ohio State Law, or State Law of the state you reside in, or
Local Law of the township you reside is prohibited. This includes material
that is threatening, legally obscene, libelous, or violates trade secret,
patent, or copyright protections.
User agrees to indemnify and hold harmless IwayNet and its owners from
all claims that are a result of User's activities or usage, without
limitation. This includes, but is not limited to, any charges the user may
incur from the telephone company or other companies for services or products
bought through the Internet. Users should contact their local telephone
company to determine if they are in a local calling exchange. The user is
responsible for all costs associated with reaching our system.
User agrees that the security of User's account, including the
password, is User's responsibility and that all uses of the account will
be considered to be undertaken by the individual who has registered that
account with IwayNet. User agrees to notify IwayNet immediately if there
is any reason to believe that User's account has been or is being
compromised or tampered with in any manner.
Material passed via IwayNet to their networks must comply with the
other network's rules and regulations.
IwayNet makes no warranties or representations of any kind for the
services that are being provided. IwayNet explicitly disclaims any
warranty of merchantability or fitness for any purpose whatsoever. IwayNet
is not responsible for any loss you suffer as a result of using IwayNet
Internet services, including but not limited to loss resulting from
delays, improper or incomplete delivery of information, possible malicious
computer viruses and/or Trojan horses or of service, regardless of cause.
Notwithstanding the above, User agrees that should IwayNet be found
liable in a court of law for any action or lack of action related to use
of IwayNet Internet services, IwayNet's liability is limited to the unused
portion of User's subscription fee.
IwayNet accounts are on an individual basis only, unless otherwise
specified. Occupying more than one modem line, allowing others to access
your account, or using services unpaid for are strictly prohibited.
IMPORTANT PAYMENT RULES: In the event that a customer's check is
returned for any reason following deposit by IwayNet, the customer will be
billed a $25 fee. In the event that a credit-card customer initiates a
chargeback against IwayNet that is subsequently invalidated by IwayNet
and/or the credit-card company, IwayNet reserves the right to bill the
customer a $25 chargeback fee. The customer agrees, by using the
account issued to him/her by IwayNet, to the above fees (or the highest allowed
by law).
All IwayNet accounts are automatically renewed at the end of the
then-current term. IwayNet will continue to bill the customer either via
invoice or credit-card as appropriate until such time as IwayNet receives a
valid cancellation, issued in accordance with the cancellation policies listed
below. All accounts are single-fee, term based. IwayNet will not issue any
refunds, pro-rated or otherwise, for early cancellation of services.
When an IwayNet customer is sent an invoice for services, if the invoice
remains unpaid for 30 days beyond the due date, IwayNet reserves the right to
charge the customer's Credit Card on file, if applicable.
All e-mail inquiries regarding an IwayNet account must be sent to
accounts@iwaynet.net. Any inquiries regarding billing must be sent to
billing@iwaynet.net. Notice of changes or cancellations to your account
must be made (1) by e-mail to accounts@iwaynet.net (2) in writing and sent
via U.S. Mail to: Iway Network Consulting, Inc., 781 Northwest Blvd., Suite
101, Columbus, OH 43212. Any account changes or cancellations submitted
via e-mail or telephone will not constitute proper notice, and will not be
upheld in the event that a dispute arises.
The transmission of unsolicited advertising through mass-electronic
mail, USENET postings to inappropriate groups, or other direct
transmission is prohibited.
User agrees not to abuse the system and its resources, including any
quota on disk usage that may be imposed and policies on the use of
resources (such as USENET) which reach beyond this system. User agrees not
to attempt to violate the security of this system's authentication and
accounting procedures.
IwayNet reserves the right to change these terms and conditions at any
time, as well as the services offered. Posting of the new terms and
conditions or service changes in this document, which is accessible at all
times on this web site, shall constitute proper notice.
CONTINUED USE BY THE SUBSCRIBER INDICATED ASSENT TO ANY CHANGE(S) MADE
IN THESE RULES. IF YOU DO NOT WANT TO ASSENT TO ANY CHANGES IN THESE
RULES, PLEASE CONTACT IwayNet CUSTOMER SUPPORT TO HAVE YOUR ACCOUNT
TERMINATED AS SOON AS POSSIBLE.
Any customer or user can upload or download material on the IwayNet
system subject to the following conditions. Copyrighted material can only
be placed on IwayNet systems with the author's permission. The customer or
users cannot download copyrighted material or public domain material
without express permission from the author. The customer or user assumes
all risks in determining whether such material is copyrighted or public
domain.
The customer or user shall obey IwayNet acceptable use policies.
Although the IwayNet system is on a commercial exchange, the customer or
user assumes all the risks of transferring prohibited material across
restrictive networks and transgressing their acceptable use policies.
Otherwise, the Internet can be used for business purposes in almost all
cases. Expressly prohibited activities include advertising or sending
promotional materials to others without prior express agreement from such
others. Posting advertisements to inappropriate USENET newsgroups is also
expressly prohibited. Implicitly prohibited activities include the
unlicensed international export of various materials. The customer or user
is responsible for learning these policies.
The customer or user will not attempt to undermine, hinder, damage, or
disrupt the hardware, software, or security of the IwayNet Internet system
or the Internet and its systems. Expressly prohibited activities include
putting any software on the system enabling the user to do so or running
any programs while not actively on the system.
IwayNet will maintain the strict privacy of all customer and user
accounts except in the case of court order. IwayNet, however, does not
guarantee the safety, accuracy, or content of any materials or information
on the Internet or any materials the customer transfers or receives on the
Internet. The customer or user acknowledges that all information obtained
on the Internet or IwayNet is provided without warranty of any kind and
that the customer's or user's risk of acting on such information is
entirely his/her own.
While IwayNet makes every effort to respect and protect the privacy of
our users, occasions demand that IwayNet system administrators inspect user
directories when evidence of possible system security breaches is presented.
ANY USER FILE MAY BE INSPECTED BY IwayNet SYSTEM ADMINISTRATORS. As such,
IwayNet recommends to its users that they keep any sensitive or personal
information (including mail) on their local machine. IwayNet Customer
Support representatives can assist users in moving mail and files to their
local machine to further safeguard their contents. UNDER NO CIRCUMSTANCES
WILL USER MAIL OR FILES BE DISCLOSED BY IwayNet SYSTEM ADMINISTRATORS TO
ANY THIRD PARTY WITHOUT A VALID COURT ORDER.
Electronic Communication Privacy Statement: This service makes no
guarantee of the security of materials, mail, data, or other electronic
communication formats transmitted on, via, or through Iway Network
Consulting, Inc. IwayNet System Administrators, while making every
effort to respect the privacy of our users, may from time to time inspect
the contents of user mail and file directories when evidence of potential
security breaches has been presented.
The customer or user is prohibited from soliciting IwayNet customers or
users to become customers of other competitive information services.
Users may not use IwayNet FTP service or it analogues to attempt to
transfer any files not specifically permitted, or access hosts which do
not permit anonymous transfers (unless the transfer is to or from an
account you are authorized to access on the remote host).
Any attempt to cause traffic levels to IwayNet or other networks to
rise without reason or for malicious purpose (i.e.: transmitting large
files to people for malicious purposes, "mailbombing", transmissions
intended to increase the cost of another net work provider's access
through excessive traffic levels, etc).
Use of NSFNet resources for purposes other than acceptable via the
NSFNet AUP guidelines. The customer or user agrees to waive all claims
against IwayNet, legal or otherwise incurred through the use of the
IwayNet system or the Internet and its systems. The customer also agrees
to indemnify and hold harmless IwayNet from any claims and expenses
related to the customer's or user's violation of the Operational Rules or
the Service Agreement Terms.
All billing rates are subject to change without notice. Personal home
pages are limited to 10mb of storage, and no more than 5mb of transfer per
month. Person's whose home pages generate more traffic than the above may
be billed at the commercial rates established by IwayNet for commercial
web service traffic. These rates are available by calling 614-294-9292.
PERSONAL HOME PAGES PROVIDED WITH SLIP/PPP ACCOUNTS ARE FOR
PERSONAL, NON-COMMERCIAL USE ONLY. ANY COMMERCIAL USE IS IN VIOLATION OF
THIS CONTRACT. COMMERCIAL USE BY THE SUBSCRIBER ENTITLES IwayNet TO
CHARGE, RETROACTIVELY, THE COMMERCIAL WEB HOSTING RATE APPROPRIATE TO THE
CLASS OF SERVICE USED.
Violation of any of the terms and conditions of service may result in
the cancellation of your subscription and the forfeiture of the remainder
of your pre-paid fees. Serious violations may result in civil and/or
criminal prosecution.
Iway Network Consulting, Inc. operates under the laws of the city of
Columbus, Franklin County, the State of Ohio, and the United States of
America.
Iway Network Consulting, Inc.
781 Northwest Blvd., Suite 101, Columbus, OH 43212
Tel: (614) 294-9292, Fax: (614) 291-1392, e-mail: info@iwaynet.net
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