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    Customer Access Terms and Conditions for Network Services
     

      This Agreement represents the complete agreement and understanding between SVIC, Inc. (hereinafter called SVIC) and the account holder and supersedes any other written or oral agreement. Upon notice published on-line SVIC may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.

      If you do not agree to these terms and conditions, please notify our accounting department so we may initiate a closure of your account.

    PROVISIONS OF SERVICE 1.1
      SVIC will provide services on its computing and networking systems to individual and business account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
     1.2 SVIC services are defined as the provision to the account holder of computing, telecommunications, network software, and information limited to, the provision of access to computing.
     1.3 SVIC services include access to all publicly available resources on the Internet. Some of the information available may contain language or pictures about subjects intended for adult audiences. Some information available over the Internet may even be illegal to transmit or possess. 
     1.4 Account holders less than 18 year of age must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.
     1.5 SVIC will publish a notice of fee increases 30 days before such increases take effect.

    2.0 USE OF MATERIAL
     2.1 Public Domain materials (e.g. images, text, and programs) may be downloaded or uploaded using SVIC services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is actually public domain.
     2.2 As provided by United States Federal law and by International treaties, copyrighted materials (e.g. images, text, and programs) may not be uploaded by SVIC services without the permission of the copyright holder. Copyrighted material may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices modified.
     2.3 Note that some materials available on the Internet are called "SHAREWARE". These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the materials for examination. If you choose to continue using the material , the copyright holder requests that you register your usage and may ask that you pay a license fee.
     2.4 Copying, uploading, downloading, or distribution through SVIC resources of commercially licensed software may be a violation of the software’s license, and if so, is forbidden. SVIC will cooperate fully with law enforcement agencies in prosecuting software piracy offenders.

    3.0 USE OF SERVICE
      3.1 SVIC network accounts are for the account holder and the account holder therefore agrees to neither share the account, nor use the account to share SVIC sensitive information with others. The account holder acknowledges that SVIC will terminate the account without notice if the account holder does not comply. The account holder is defined to be the person, persons, or entity who established the contract for services.
     3.2 The account holder agrees to maintain a secure password to the account. Secure passwords that are between 6 and 8 characters long, and contain a mix of lower case letters, numbers, and other characters, and cannot be found in direct or reverse order in any dictionary, regardless of the language or the dictionary.
     3.3 The account holder agrees not to use any process, program, or tool via SVIC services for guessing or obtaining passwords of account holders on SVIC or other systems. The account holder agrees not to use SVIC services to make unauthorized attempts to access SVIC systems or the systems and networks of others, or to deny authorized users access to any systems.
     3.4 Dial up Accounts are sold as a Interactive Service. Interactive meaning you must be present and working in front of your computer (not leaving it online and unattended) and not using programs, scripts or bots to keep your connection alive. All Dialup accounts (unless specified) are subject to a Session limit of 6 Hours and an Idle Timeout limit of 20 minutes. Using any programs, scripts, bots or macros to defeat this timer is strictly forbidden and subject to termination. Session times are set to 6 hours per block of time. Accounts are restricted to 325 hours per month (10.8 hours a day average). SVIC retains the right to terminate any account that abuses the service. Dialup accounts are not to be used as a dedicated connection.
     3.5 The account holder agrees not to use any process, program, or tool via SVIC services for the purpose of annoying other users at SVIC systems or any other systems on other portions of the Internet. This includes, but is not limited to, Flash-bombing, mail-bombing, spamming, introducing viruses to SVIC systems or other systems on the Internet, and subscribing other people to mailing lists. If the account holder if found to be spamming, that user account will be terminated at once with no refunds. We do not condone spamming and will play no part in it.
     3.6 the account holder agrees to use the services provided by SVIC as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the prformance of any activity that is prohibited by law.
     3.7 The account holder acknowledges that SVIC is a commercial entity and may be used by account holders to conduct legal businesses, but only if the user has registered with SVIC as a business or corporate entity.
     3.8 These businesses should, however, not impinge on the use of SVIC services by other account holders. SVIC services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET news groups may be used in the conduct of legitimate businesses. 
     3.9 The account holder agrees, not to, under any circumstances, post messages to news groups, mailing lists, or similar public forums if any of said forums pertain to subjects not directly related to the main topic of the posting or if the posting would be considered inappropriate for any other reasons. This applies to both business and non-business oriented postings. Such posting will be considered abuse of SVIC system services. (see section 7)
     3.10 User accounts established as personal accounts may only use the system facilities for personal or non-business enterprise. Failure to register as a commercial entity, may result in surcharges, interruption of services.
     3.11 Under no circumstances may users, both personal and business which includes virtual web services, host personal and or business web pages for third partys, without express written permission from SVIC and a review of the web page. Web hosting would be a direct conflict of interest with SVIC and will not be tolerated. Web servers along with the appropriate bandwidth to run a web hosting business may be purchased at fair market value.
     3.12 Personal web pages are provided free of charge for use by our customers as a hobby. If a personal/free web page is found to contain business content the web page will be upgraded to a commercial website and additional charges will apply.
     3.13 Personal web pages are not allowed to contain pornographic material, Sexual or Adult material, Racial, Hate, Instructions containing information on anarchy, explosives construction, Harassing material, or anything that the public in general might find offensive, rude, or unfitting for a family oriented web site. The general rule here is to keep it fun for Everyone! Any web site found to contain any offensive material will be subject to immediate closure and the owners account will be suspended. No exceptions.
     3.14 No personal or business web page may contain Copyrighted material for general or restricted download. This is a violation of Federal and International laws and will not be tolerated. No Warez material, Cracks for copyrighted material or any programs designed to reverse engineer or override protection features protect the material is allowed.
     3.15 SVIC reserves the right to take actions it deems appropriate against users that violate the spirit and intent of its terms and conditions.

    4.0 INDEMNIFICATION
      4.1 The account holder acknowledges that SVIC makes an honest effort to keep the information available on SVIC’s systems accurate. However, SVIC can make no warranty of any kind, either expressed or implied, reguarding the quality, accuracy, or validity of the data and/ or information available. Use of information obtained from or through SVIC is at the risk of the account holder.
     4.2 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. SVIC has no ability or authority over the material. SVIC can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/ or information residing on or passing through these networks. Use of information obtained from or through SVIC services is at the risk of the account holder.
     4.3 The account holder agrees to indemnify and hold SVIC harmless from any claims, including attorney’s fees, resulting from the account holder receiving SVIC services which causes direct or indirect damage to another party.

    5.0 PAYMENT OF FEES
      5.1 The SVIC accounting cycle begins on the first day of each month. New accounts will be pro-rated to bring them into the cycle.
     5.2 New accounts wishing to discontinue service within the first 30 days may do so, and will be charged only for the first month of service plus activation. Any accounts established longer than one month are responsible for fees as normal will not be refunded.
     5.3 Service payments will be submitted in advance of receiving services.
     5.4 Delinquent accounts are those accounts that remain unpaid at the beginning of the next accounting cycle.
     5.5 Accounts that are delinquent by fifteen (15) days are put on "accounting hold" and may not be used. Accounts that are unpaid for thirty (30) days automatically have their files archived. Accounts that are unpaid for more than forty five (45) days are closed. SVIC accounts continue to accrue charges while they are on hold.
     5.6 The account holder acknowledges responsibility for the account until payment is made.
     5.7 A $25.00 returned check fee will be assessed for any check returned for any reason! Accounts paid by a returned check may be suspended until their balance is paid in full, including returned check fees.
     5.8 All accounts are due by the first day of the month on any given billing cycle. Any Payments not recieved in our office by 5pm on the 6th day of the month will be assessed an additional $5.00 billing charge. This late charge must be paid to keep your account in good standing.

    6.0 ACCOUNT CANCELATIONS
      6.1 Cancellation requests for SVIC accounts must be received in writing via Email, fax, or postal service at SVIC’s main office. Such requests must be received before the end of the 30 day accounting cycle.
     6.2 All SVIC accounts must be paid in full before the transaction will be considered complete.

    7.0 ABUSE OF SERVICES
      7.1 Any use of SVIC system resources that disrupts the normal use of the system for other SVIC customers, or the use of other systems by their respective users is considered to be abuse of the system resources and is grounds for administrative intervention. (see section 3)
     7.2 Modification, alteration, reverse engineering, decompliation, disassembly or creation of derived works based on SVIC proprietary network protocols or software is an abuse of SVIC services. 
    7.3 There will be NO posting of SPAM links on public forums.  SPAM links include click thru links that offer remmuneration to the original poster.  NO banner advertisments for click thru are allowed.  Public forums are for everyones enjoyment and not one persons profit or personal agenda.
     7.4 Depending on the nature and the severity of the abuse, the user may receive an Email warning or have their account suspended by SVIC staff. If the misuse is unintentional, the suspension may be rescinded following discussion with SVIC staff. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations manager. Occasionally, unintentional misuse is classified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations manager.
     7.4 Violations of any of the SVIC conditions of the use are unethical and may be criminal offenses. You are expected to report to SVIC any information you may have concerning instances in which the conditions of use have been or are being violated. When SVIC becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent possible unauthorized activity, SVIC may suspend access to services to the individual account in question. Confirmation of violations may result in the cancellation of the individual account and/ or criminal prosecution. The account suspension maybe rescinded at the discretion of the Operations manager, following payment of the reconnection charge and/ or cost of damages if applicable. SVIC Acceptable Use Policy Suwannee Valley Internet Connections, Inc. will be known as SVIC for the purpose of this document. The SVIC Acceptable Use Policy has been formulated with the following goals in mind: Ensure security, reliability and privacy of SVIC 's systems and network, and the networks and systems of others Avoid situations that may cause SVIC to incur civil liability Maintain the image and reputation of SVIC as a responsible provider Preserve the value of Internet resources as a conduit for free expression Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services Preserve the privacy and security of individual users The Acceptable Use Policy below defines the actions which SVIC considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to SVIC customers. If you are unsure whether any contemplated use or action is permitted, please send mail to admin@svic.net and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by SVIC , or connected via the SVIC network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commissions Deception Policy Statement General Conduct Customers are prohibited from transmitting on or through any of SVIC 's services, any material that is, in SVIC 's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. SVIC services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SVIC reserves the right to remove such illegal material from its servers. The customer is responsible for keeping his billing data with SVIC up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. The resale of SVIC products and services is not permitted, unless specifically permitted and documented in a written agreement. System and Network Security Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool). Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. Users who violate systems or network security may incur criminal or civil liability. SVIC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Email Harassment, whether through language, frequency, or size of messages, is prohibited. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited. Forging of header information is not permitted. SVIC accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below. USENET SVIC provides an uncensored newsfeed. As such, SVIC does not control the content of the newsgroups available to its customers. SVIC is not responsible for the content of any USENET posting, whether or not the posting was made by a SVIC customer. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). Customers are prohibited from posting chain letters of any type. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose. Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. A customer may not solicit mail for any other address other than that of the customer's SVIC account or service, with the intent to harass or collect replies after SVIC service has been terminated. IRC (Internet Relay Chat) SVIC is not liable for the content of any communications made on IRC. The SVIC IRC service is a free, value-added service for SVIC customers, and the terms of its operation may change at any time. SVIC reserves the right to ban from its IRC server any user whose conduct is, in SVIC 's sole judgement, disruptive. IRC robots ("bots" or "clones") may not be run from SVIC shell accounts, or on the SVIC IRC server. The only SVIC server that IRC robots can be run from is defiant.svic.net. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.



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