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Agreement
The main purpose of Vermont Link is to provide access to the Internet
for its subscribers. It is the intention of Vermont Link to allow
its subscribers that access with minimal or no interference.
In a multi-subscriber environment such as Vermont Link, the actions
of a single subscriber may have a severe impact on the other customer's
abilities to access the Internet. It is not uncommon for an Internet
Service Provider (ISP) to be blocked from use of another organizations
systems due to repeated misuses of that ISP's resources. As we feel
that this would be grossly unfair to our many subscribers, Vermont
Link has adopted these Acceptable Use Policies. They are intended
to provide guidelines on what Vermont Link constitutes inappropriate
use of the access to the Internet and alert our subscribers to whatever
actions we may be forced to take, with or without notice, should
we become aware of the appropriate use of this service.
Vermont Link recognizes that many of the individual components
of the Internet have other specific guidelines for use. The preservation
of Vermont Link's technical resources, the continuation of its high
quality service to its customers, the compliance with the existing
laws and regulations, and the protection of Vermont Link's reputation
as a service provider compel us to enact the Acceptable Use Policies
detailed below. These guidelines will be enforced when dealing with
complaints from the Internet community to determine when action
should be taken. All Vermont Link subscribers and advertisers are
expected to follow these policies.
ACCESS TO VERMONT LINK'S INTERNET SERVICE IS PROVIDED SUBJECT TO
THE FOLLOWING TERMS AND CONDITIONS:
I. Warranties / Disclaimers:
The Vermont Link Internet service is provided on an "as is,
as available" basis. While our intention is to provide more
than adequate bandwidth to support our subscriber base, no warranties,
express or implied, including, but not limited to those of merchantability
or fitness for a particular purpose, are made with respect to Vermont
Link or any information or software therein. Vermont Link shall
have no liability or responsibility for any direct, indirect, incidental,
or consequential damages suffered by you in connection with your
use of or inability to use the Vermont Link. Services including,
but not limited to, damages from loss of data resulting from delays,
non-deliveries, mis-deliveries, service interruptions, or the inadvertent
release or disclosure of information sent by you even if the same
is caused by Vermont Link's own negligence. Vermont Link further
specifically disclaims to the full extent permitted by applicable
law any responsibility for and under no circumstances shall be liable
for any conduct, content, goods and services available on or through
the Internet or through Vermont Link services. In no event shall
Vermont Link's aggregate liability exceed the amount paid by you
to Vermont Link for Vermont Link services. Use of any information
obtained via Vermont Link's Internet service is at the users own
risk. Vermont Link specifically disclaims any responsibility for
the accuracy, safety, or the quality of information obtained through
its services.
II. Security:
The subscriber is responsible for all the use of subscriber's accounts,
confidentiality, safety of password(s) and ensuring file protections
are set correctly. Vermont Link retains the right to suspend access
or change access to subscriber's accounts immediately upon notification
by subscriber that subscriber's password has been lost, stolen or
otherwise compromised. Vermont Link is not liable for consequences
of any usage of compromised accounts prior to Vermont Link making
the necessary account alteration. No computer system should be considered
safe from intrusion, although electronic mail (e-mail) on this system
is as private as we can make it. E-mail should not be considered
a secure means of communication even if encrypted (which is only
as secure as the encryption method utilized.)
Personal Files:
Vermont Link is not responsible for subscriber's personal files
residing on Vermont Link. Vermont Link reserves the right to delete
subscriber's personal files after one or both parties terminate
the service agreement between Vermont Link and the subscriber.
Non-Transferability of Account:
The right to use Vermont Link's Internet service is not transferable,
being expressly limited to the individual or family whose name appears
on the account.
Network Address Ownership:
Any network address assignments issued by Vermont Link (i.e., IP
address) are the property of Vermont Link and are assigned dynamically.
In the event service with Vermont Link is disconnected for any such
reason, such addresses will revert to Vermont Link. The network
addresses are assigned on a per session basis and are designed to
allow for Web Surfing. This design/assignment of network addresses
could affect (not allow) some games/services (IRC, CU-SeeMe) which
require a fully qualified address.
Compliance with all Laws:
Subscriber agrees:
To use the service in a manner consistent with any and all applicable
laws and regulations. Reproduction or transmission of any material
in violation of any local, state. U.S. or international law or regulation
is prohibited; that any material to be reproduced or transmitted
on Vermont Link's service through subscriber's accounts does not
violate or infringe any patent, trademark, copyright, common law
or proprietary rights of others:
That such material as might be reproduced or transmitted on Vermont
Link's service through his/her account does not contain anything
obscene, libelous or threatening. Subscriber agrees software intended
to facilitate any such violations or infringements may not be stored
on Vermont Link: at Vermont Link's discretion, not to use Vermont
Link services or accounts for inappropriate usage;
Subscriber shall defend, indemnify and hold harmless Vermont Link
from and against any claims, liabilities and expenses, including
reasonable attorney's fees, resulting from subscriber's use of Vermont
Link service or subscribers accounts in an unlawful manner or otherwise
in violation of or contrary to subscriber's Agreement with Vermont
Link or Vermont Link's Acceptable Use Policies.
Acceptable Conduct:
The following usage of Vermont Link resources is deemed acceptable
under the terms of service:usage for private personal communications;usage
for public communications as suggested by the characters of USENET
newsgroups and the well-known guidelines generally accepted by the
users and news administrators of same; usage for research or educational
purposes; and Usage for data communications in accordance with acceptable
laws.
Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension
of service pending investigation by Vermont Link and may result
in termination of the accounts determined to have originated the
conduct. In addition, Vermont Link reserves the right to implement
technical blocks to multiple postings by a Vermont Link subscriber
as described in A, B, C and F below, before such postings are forwarded:
violation of any applicable local, state, federal or international
laws;
Posting identical or substantially similar articles to an excessive
(more than 10) number of newsgroups or continued posting of articles,
which are off topic for a news group. Vermont Link will apply a
charge of $0.05 per copy for mis-posted USENET articles;
Sending unsolicited mass (to more than 15) e-mailings, hate mail,
mail bombs, etc. which provokes complaints from the recipients.
Any subscriber who perpetrates such unsolicited non-commercial mass
e-mailings shall be subject to a $1,000 service charge, payable
to Vermont Link. Unsolicited commercial advertisements are not allowed
in e-mail. Vermont Link will apply a charge of $1500 per user for
unsolicited commercial e-mail; engaging in either (a) or (b) from
a provider other than Vermont Link while using an account on Vermont
Link as a mail drop for responses, or to draw attention to a web
sit housed within Vermont Link's networks;continued harassment of
other individuals on the Internet after being asked to stop by those
individuals and by Vermont Link;mail bombing ( the transmission
of large volumes of unsolicited e-mail to individuals or individual
business accounts);impersonating another user or otherwise falsifying
one's user name in e-mail, USENET postings, on Internet Relay Chat
(IRC), or with any other Internet service;
Privacy violations: Any attempt to gain access to any other system
users private data without express consent of the user. Such attempts
include, but are not limited to, tricking other people into releasing
their passwords, password cracking and security hole scanning;
Use of IRC bot's or clonebot's on Power Shift. An IRC bot is a
program which runs and is connected to an IRC server 24 hours a
day, automatically performing certain actions; use of programs or
methods that trick our systems from disconnecting an inactive user
after a pre-determined amount of time, and/or a program that connects
or re-connects the user's session automatically and without his/her
manual intervention;
Network unfriendly activity. Any attempt to interfere with the
regular workings of Vermont Link's systems or network connections
or which adversely affect the ability of other people or systems
to use Vermont Link services on the Internet, including, but not
limited to: any unauthorized attempts by a user to gain root access
or access to any account not belonging to that user on this or any
other Vermont Link system; any use of this or any other Vermont
Link system as a staging ground to disable other systems.
Right to Disconnect Non-dedicated Accounts:
Vermont Link unlimited interactive usage dial-up connections are
not intended to be full-time dedicated connections and will be disconnected
after 15 minutes of inactivity. Subscriber agrees not to use any
automatic method to avoid disconnection, to keep the connection
active only when the subscriber is actively using it, and not to
provide public information services over the connection. Vermont
Link reserves the right to impose a restriction on accounts deemed
by it to be in violation of these conditions.
Excess Utilization of System or Network Resources:
Vermont Link account descriptions specify limits on bandwidth,
CPU and disk utilization for subscribers. Upon determination by
Vermont Link that a subscriber is in excess of those limits, the
subscriber will be notified by e-mail. The subscriber may be requested
to upgrade a web hosting agreement or to modify the activity creating
the excess use 48 hours after transmission of that notice. A determination
by Power Shift that any access utilization adversely affects Vermont
Link's ability to provide service for all subscribers may result
in immediate action to relieve the problem. In that event, the subscriber
will be notified as soon, as is practicable.
Compliance with Rules of other Networks:
Any access to other networks connected to Vermont Link's Internet
service must comply with the rules for that other network, as well
as with Vermont Link's rules.
Monitoring/Privacy:
Vermont Link reserves the right to monitor any and all communications
through or with CAIS facilities. Subscriber agrees that Vermont
Link is not considered a secure communications medium for the purposes
of the Electronic Communications Privacy Act, and that no expectation
of privacy is afforded. It may be necessary for Vermont Link employees
to examine system accounting logs and other records to determine
if privacy violations or other network unfriendly activities have
occurred. Vermont Link also reserves the right to access a subscriber's
mailbox or other files stored on Vermont Link systems to resolve
system problems or mail system errors .Vermont Link reserves the
right to cooperate with law enforcement and other authorities in
investigating claims of illegal activity including, but not limited
to, illegal transfer or availability of copyrighted material, postings,
or e-mail containing threats of violence or other illegal activity.
Confidentiality of Personal Subscriber Information:Vermont Link
will not release a subscriber's personal subscriber information,
nor a subscriber's billing information to any third party except
upon presentation of a valid court order of a government or entity
within our jurisdiction. Subscriber agrees that Vermont Link's judgment
as to the validity of any court order of subpoena shall be considered
proper and final.ight to Suspend or Cancel Account:
Vermont Link reserves the right to suspend or cancel service to
a subscriber at any time and without notice for any reason. Reasons
include, but are not limited to, refusal to pay for services provided
or by sole judgment of Vermont Link that the subscriber may be performing
activities harmful to Vermont Link or its subscribers, employees,
vendors, business relationships or any other users of the Internet.
Right to Damages:
Vermont Link reserves the right to collect damages (software, hardware
and man hours) if any harm is done to Vermont Link that requires
the repair or reconfiguration of any kind.
Other Remedies / Non-Waiver:
Nothing contained in these policies shall be construed to limit
action Vermont Link may take or remedies available to Vermont Link
in any way with respect to any of the described conduct. Vermont
Link reserves the right to take additional actions Vermont Link
may consider appropriate with respect to such conduct. Such actions
include taking action to recover the costs and expenses of identifying
offenders and removing them from the Vermont Link service, and levying
cancellation charges to cover Vermont Link's costs in the event
of disconnection of dedicated access for the causes outlined above.
In addition, Vermont Link reserves, at all times, all rights and
remedies available to Vermont Link with respect to such conduct
at law or in equity. Non-enforcement of any policy or rule herein
does not constitute consent or waiver and Vermont Link reserves
the right to enforce such policy or rule at its sole discretion.
Right to Change Service:
Vermont Link reserves the right to change, without notice, the
Vermont Link service, including access procedures, hours of operation,
menu structures, commands, documentation, vendors and services offered.
Right to Modify Acceptable Use Policies:
Vermont Link may modify its Acceptable Use Policies upon notice
published on line via Vermont Link's web page. Subscriber's use
of Vermont Link services after such notice shall constitute subscriber's
acceptance of the modifications to these policies.
Personal Web Space Regulations:
Personal Web space in the amount of 2MB is given to each user of
Power Shift. This space is ONLY to be used for personal reasons.
No business may operate, advertise or otherwise conduct business
through a web-site on Vermont Link's servers. Business accounts
are available through Vermont Link for additional charges.
Toll Charges (POP) Local Dial-in Errors Policy:
It is the responsibility of the subscriber to verify with their
local telephone company their correct access number to insure a
toll-free connection.
Vermont Link assumes no liability for toll charges incurred by
users for incorrectly entering a local access number in their computer.
In addition, Vermont Link will not reimburse customers for toll
charges under the following conditions:
Failure to adequately install software product;
Improperly entering a local access number;
Improperly obtaining a local access number;
Improperly obtaining a local access number from Customer Service
or any other Vermont Link employee;
Vermont Link assumes no liability, and the user obtains no recourse,
against Vermont Link improperly entering a local access number that
results in toll charges. The maximum liability on Vermont Link would
be under our cancellation policy; provided all conditions are met
under said policy. Vermont Link will not make exceptions to this
policy. The user is ultimately responsible to insure proper local
access numbers are used.
USER AGREES THAT BY USING OUR SERVICE THAT THEY ARE AT LEAST 18
YEARS OLD AND IS LEGALLY ABLE TO ENT
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