ACCEPTABLE USE POLICIES
ACCESS TO EARTH VILLAGE INTERNET SERVICE IS PROVIDED
SUBJECT TO THE FOLLOWING TERMS
AND CONDITIONS:
1. Warranties/Disclaimers
- Earth Village service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Earth Village or any information or software therein. You release Earth Village from and Earth Village 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 Earth Village services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Earth Village s own negligence. Without limiting the generality of the foregoing, Earth Village 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 the Earth Village services. In no event shall Earth Village aggregate liability exceed the amount paid by you to Earth Village for the Earth Village services. Use of any information obtained via Earth Village Internet service is at the user's own risk. Earth Village Specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
- The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Earth Village will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Earth Village is not liable for any usage and or charges prior to Earth Village making the necessary account alteration. Electronic mail on this system is as private as we can make it. Earth Village Customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
- Earth Village is not responsible for Customer's personal files residing on Earth Village equipment. Customer is responsible for independent backup of Customer's data that is stored on Earth Village equipment. Earth Village reserves the right to delete Customer 's personal files after one or both parties terminate the service agreement between Earth Village and Customer.
4. Non-Transferability of Account
- The right to use Earth Village Internet service is not transferable. Use of Earth Village accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
- Ownership Any network address assignments issued by Earth Village (i.e., Class C address space) are the property of Earth Village and are considered to be loaned to its customers. In the event service with Earth Village is discontinued for any reason, such addresses will revert to Earth Village .
- Customer 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. Customer agrees that any material to be reproduced or transmitted on Earth Village service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Earth Village . Customer shall defend, indemnify and hold harmless Earth Village from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the Earth Village service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with Earth Village or Earth Village Acceptable Use Policies. At Earth Village s discretion, Earth Village may revoke Customer's access to Earth Village services or accounts for inappropriate usage.
- The following types of conduct are grounds for immediate suspension of service pending investigation by Earth Village and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Earth Village reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Earth Village Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailing (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Earth Village and using an account on Earth Village as a mail drop for responses, or to draw attention to a web site housed within Earth Village 's networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Earth Village.
(e) Mail bombing or spam, (i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts).
(f) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clone bots on Earth Village , whether on IRC servers controlled by Earth Village, or by other parties. An IRC bot is a program, which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of Earth Village 's systems or network connections or which adversely affect the ability of other people or systems to use Earth Village services or the Internet, including, but not limited to: 1. 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 Earth Village system; 2. Any use of this or any other Earth Village system as a staging ground to disable other systems.
(j) Spamming of your url to search engines or other indexes in an attempt to gain a more favorable position in the search engines and prompts a complaint from the administrators of the search engine and/or index.
8. Right to Disconnect Non-Dedicated Accounts
- Earth Village unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after a lengthy period of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. Earth Village reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.
9. Excess Utilization of System or Network Resources
- Earth Village account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Earth Village determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Earth Village to adversely affect Earth Village 's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by email as soon as practicable.
10. Compliance with Rules of Other Networks
- Any access to other networks connected to Earth Village Internet service must comply with the rules for that other network as well as with Earth Village rules.
- Earth Village reserves the right to monitor any and all communications through or with Earth Village facilities. Customer agrees that Earth Village 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 become necessary for Earth Village employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Earth Village also reserves the right to access a Customer's mailbox or other files stored on Earth Village systems to resolve system problems or mail system errors.
12. Cooperation with Authorities
- Earth Village 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.
13. Confidentiality of Personal Subscriber Information
- Earth Village will not release a Customer's personal subscriber information, or Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Earth Village judgment as to the validity of any court order of subpoena shall be considered proper and final.
14. Earth Village Right to Suspend or Cancel Account
- Earth Village
reserves the right to suspend or cancel service to a
Customer at any time and without notice, for any reason, including, but not
limited to, refusal or failure to pay for services provided or by sole
judgment of Earth Village that the Customer may be performing activities
harmful to Earth Village or its Customers, employees, vendors, business
relationships or any other users of the Internet.
- If your Earth Village account becomes more than 3 days late in payment, a $5.00 late fee will incur. If this period of time exceeds 5 days without any contact from you, late fees will be assessed at 10% of the outstanding balance or $5.00, whichever is greater, and termination of your account will take place. A $25.00 reconnection fee will be charged before the account is reopened.. The total fees for reconnection after 5 days of non-payment will be the late fee plus the unpaid balance of your account. Files will be retained by Earth Village for a period of 30 days after which time no responsibility for them will be taken. After 30 days, Earth Village reserves the right to terminate service without any further warning or notice. The Customer also agrees to pay additional late fees according to the following schedule: Accounts which are over 60 days outstanding are subject to an additional late fee of $150 to cover the cost of legal notice by our attorney. Accounts which are over 90 days outstanding are subject to an additional late fee of $250 to cover the costs of collection. Be advised that unless prior arrangements have been made via Email to billing@earthvillage.com that there can be no exception to this policy.
- Earth Village reserves the right to collect damages (software, hardware and man hours) if any harm is done to Earth Village, which requires repair or reconfiguration of any kind.
- Nothing contained in these policies shall be construed to limit action Earth Village may take or remedies available to Earth Village in any way with respect to any of the described conduct. Earth Village reserves the right to take any additional actions Earth Village may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Earth Village service, and levying cancellation charges to cover Earth Village 's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Earth Village reserves at all times all rights and remedies available to Earth Village 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 Earth Village reserves the right to enforce such policy or rule at its sole discretion.
- Invoices for
services are submitted monthly in advance. Customers will be billed via
credit card, or invoiced directly. Access to your account may be restricted if
credit card processing fails due to insufficient credit. The Customer agrees to pay monthly
invoices immediately upon receipt and until the account is cancelled by
written notification. Upon receipt in writing of an account cancellation any
pre-paid months of service beyond the current billing period* will be refunded
to the Customer and the Customers account will be closed at the end of the
current billing period. Account charges will be processed once per month on a
regular schedule. If the invoice remains unpaid for 5 days after the invoice
due date your service will be interrupted until payment has been received. Such
interruption will not relieve the Customer from the obligation to pay monthly
charges. Only a written request to terminate your service relieves you of your
obligation to pay the monthly account charge. If a Customer pays by check and
that check is returned unpaid for any reason, the account will be immediately
suspended in default and you will be subject to a returned check fee of
$25.00. If you default on any payments due to Earth Village, you agree to
pay Earth Village all reasonable collection expenses, including but not
limited to, attorneys and collection agency fees.
* If customer entered into a written term contract with Earth Village the terms of the contract will take precedence over the above refund policy.
18. Earth Village Right to Change Service
- Earth Village reserves to right to change without notice the Earth Village service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
19. Earth Village 's Right to Modify its Acceptable Use Policies
- Earth Village may modify its Acceptable Use Policies upon notice published online via the Earth Village site. Customer's use of Earth Village services after such notice shall constitute Customer's acceptance of the modifications to these policies.
Questions should be directed to webmaster@earthvillage.com
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