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Terms of Service
Agreement
Agreement herein defines Wireless Internet Service relationship between
the client and Berrex Computer Solutions, hereafter referred to as BCS.
BCS's network may only be used for lawful purposes. Transmission of
any material in violation of nay Federal, State or Local regulation is
prohibited. This includes, but is not limited to copyrighted material,
material judged to be threatening or obscene, pornographic, profane, or
material protected by trade secrets. This also includes links or any
connection to such materials. The network resources of BCS may not be used to
impersonate another person or misrepresent authorization to act on behalf of
others or BCS. All messages transmitted via BCS should correctly identify the
sender users may not later the attribution of origin in electronic mail
messages or posting. Customer or any person(s) with access to the Customers
equipment must not attempt to undermine the security or integrity of
computing systems or networks and must not attempt to gain unauthorized
access or send SPAM. (SPAM is any posting, mailing or transmission that is
unsolicited, posting to multiple groups or off topic in Usenet or posting
considered being inappropriate, to a newsgroup, mail list or any similar
public forum.) Access to other networks connected to BCS network must comply
with the rules appropriate for that other network. BCS exercises no control
whatsoever of the content of the information passing through its networks.
1. I understand that BCS reserves
the right to change the rates and modify this agreement upon 30 days
notice. I have read and agree to pay the current rates as set forth
in this Agreement. I agree to use my access to BCS, including my account
and any other access through BCS, only for legal purposes and specifically
agree not to transmit copyrighted material without the copyright holder’s
permission, material legally judged to be threatening or obscene, material
protected by trade secret, or any other material prohibited or restricted
from electronic transfer. I understand that use of connectivity under
this Agreement is for lawful purposes for myself or my organization
and is not to be re-sold without written permission from BCS.
2. I agree to indemnify and hold BCS harmless from any and all claims
resulting from my use of the service which damages me or any other party,
including, but not limited to: exposure to offensive, pornographic,
or illegal language, images, or other information, even should
such exposure occur as a result of BCS's negligence; and, damage caused
by unauthorized access to or alteration, theft, or destruction of my
data files, computer programs, or information, through accident, fraudulent
means or devices, or any other method, even should such
access occur as a result of BCS's negligence.
3. I agree and understand that BCS exercises no control over the content
of the information residing on, or passing through its telecommunications
and computer facilities, and that I may be exposed to pornographic,
illegal, or otherwise offensive language, images, and other information,
and I agree to hold BCS harmless from any and all claims resulting from
exposure to such materials.
4. BCS makes no warranties of any kind, whether expressed or implied,
for the service it is providing to me and disclaims any warranty of
merchantability or fitness for any particular purpose. This includes
but is not limited to busy signals, server performance and modem compatibility.
I release BCS from any liability or responsibility for delays in performance
of services pursuant to this Agreement or for any failure to perform
if such delays are due to strikes, inclement weather, acts of God or
other causes beyond BCS's reasonable control, including, but not limited
to, concealed acts of workman (whether of BCS or others), or accidents.
I understand that BCS will attempt to notify me of any such delay, and
should any delay continue for more than 15 days, I may cancel my service
and this Agreement with no further liability.
5. I agree to pay the agreed monthly rate for my BCS ISP/VISP/WISP Account
on or before the 15th day of the prior month for which such services
are to be rendered. I understand that if payment is not received by
BCS on or before the 15th day of the prior month, I may be subject to
a monthly service charge on the unpaid balance of 1.5% monthly (18%
APR). I further understand that failure to abide by the terms and conditions
of payment, or of this Agreement, may result in the termination of my
account without notice and without refund to me.
6. If I wish to terminate my account with BCS I agree to provide thirty
(30) days written notice. I understand that any expired or terminated
account will be subject to a non-refundable reactivation fee equal to
the price paid upon signing up the 1st time, payable before service
is restarted. I also understand that if I choose to pay by automated
credit card, it is my responsibility to inform BCS when my credit card
or banking services expire or change, in order to continue uninterrupted
Internet service. I understand that after seven (7) days after termination
of this contract for any reason, BCS may remove any and all of my data
files, programs, and other information stored in my account on their
computers, and I agree to indemnify and hold harmless BCS and its employees
from any and all claims resulting from the removal and loss of such
data files, programs and other information.
7. IMPORTANT! Parents or Legal Guardians are advised that explicit adult
subject matter may be accessed on the Internet and that BCS can not
and does not regulate or restrict the information which may be accessed
by any user. By signature below Parents and legal Guardians therefore
accept responsibility to supervise a minor's use of the BCS Internet
Account and hereby agree to hold BCS, Inc. harmless from all liability
for such usage, including, but not limited to, the downloading or viewing
or other use of offensive, pornographic, or illegal material by a minor.
I hereby agree to the terms and conditions of this Agreement.
8. SPAM policy: I understand that
spamming is an illegal act pursuant to local state and federal law.
If spamming is conducted from my account, BCS may immediately suspend
or terminate my account and I agree and understand that I will be charged
an administrative fee ranging from $50.00 to $200.00. If suspended or
terminated, I also understand I will not be entitled to a refund
of the initial cost.
Spamming Definition:
What is "Spamming?"
Spamming is sending a message, or multiple copies of a message, to many
inappropriate newsgroups or email addresses at the same time. Examples of
this include posting commercial advertisements to non-commercial groups,
chain letters, pyramid schemes, or any other inappropriate message to the
newsgroup (posting a note about your dog to 50 comp.sys groups counts as
decidedly inappropriate, unless your dog is digital and has some relevance to
all 50 of those groups). In addition, many people consider posting commercial
advertisements to noncommercial newsgroups a form of spamming, and while that
is debatable, it is *certainly* a violation of netiquette to do so.
Spamming also occurs to individual email boxes. Usually a spammer will
purchase or acquire a list of address and send out a bulk email to this list.
This is also a violation of netiquette.
Why is spamming bad?
When you post a message to a newsgroup or email address, that message goes
out to thousands of computers all over the globe, which millions of people
read every day. When you spam with multiple messages, you're sending
thousands of duplicate messages out. Not only do the messages annoy people
hugely, but spams are very expensive in both the bandwidth they take (some
sites do not have as high speed access as we do), disk space (100 messages
repeated many thousands of times can get surprisingly large), and computer
time to deal with the message. For these reasons, spamming is highly frowned
upon by the Internet community.
What is BCS's policy towards spamming?
We consider spamming and bulk emailing to be both inappropriate and a
violation of our user agreement. The consequences of this action depend on
the severity of the violation, but please be advised that we do not
tolerate spamming from BCS. Your account may be terminated for spamming
of newsgroups or email addresses. Accounts terminated for violations of the
BCS spam policy will not be given a refund or compensated in any way.
In addition, BCS charges $125/hour for the cleanup resulting from
spamming. Any account which is found to have spammed will be billed for
the time that it takes our technical staff to clean up mailboxes and respond
to complaints resulting from the spam. This is above and beyond the $50.00 to
$200.00 fee's mentioned in section 8 above.
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