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CIS
Wireless Broadband
INTERNET
SERVICES TERMS & CONDITIONS
Last
Modified:
January 11, 2007
INTRODUCTION:
CIS Wireless Broadband Terms of
Service (“TOS”) is intended to
enhance the use of the Internet by
providing basic guidelines for its
use. All users of CIS Wireless
Broadband Internet services (the
"Services")—those who access some of
our Services but do not have
accounts ("Visitors"), as well as
those who pay a monthly service fee
to subscribe to the Services
("Subscribers")—must comply with
this TOS. We support the free flow
of information and ideas over the
Internet and do not actively monitor
use of the Services under normal
circumstances. Similarly, we do not
exercise editorial control over the
content of any Web site, electronic
mail transmission, news group, or
other material created or accessible
over or through the Services.
However, in accordance with this TOS,
we may remove any materials that, in
our sole discretion, may be illegal,
may subject us to liability, or
which may violate this TOS. Your
violation of this TOS may result in
the suspension or termination of
your access to the Services and/or
your CIS Wireless Broadband account
or other actions as detailed in this
document.
WARRANTIES/DISCLAIMER:
CIS Wireless Broadband makes no
warranties of any kind, whether
expressed or implied, for the
service it provides. CIS Wireless
Broadband also disclaims any
warranty of merchantability or
fitness for a particular purpose.
CIS Wireless Broadband will not be
responsible for any damage you
suffer. This includes loss of data
resulting from delays,
non-deliveries, misdeliveries, or
service interruptions caused by its
own negligence or your errors or
omissions.
CONTENT
DISCLAIMER:
CIS Wireless Broadband exercises no
control whatsoever over the content
of the information passing through
it and you are warned that some
information you receive may be
offensive or, on occasion, obscene.
If certain language or the
expression of certain ideas offends
you, then by accessing this service
you acknowledge that you have read
this warning and will not hold CIS
Wireless Broadband responsible for
any language, thoughts or
discussion, which may be part of
information viewed by you on the
Internet. As CIS Wireless Broadband
does not desire to degrade the
exchange of legitimate information
contained on the Internet, any
information originated by you must
comply with this TOS.
Use of
any information obtained via the
Services is at your own risk. CIS
Wireless Broadband specifically
denies any responsibility for the
accuracy or quality of information
obtained through the Services.
SUBSCRIPTION REQUIREMENTS:
Members must be at least
18 years old. Current prices for CIS
Wireless Broadband services are
posted throughout our website at
http://www.cis-broadband.com.
BILLING
POLICY:
Payments
are to be made with credit card in
US funds only. Accounts are invoiced
and due in advance of service.
Payment is due no later than the
expiration date indicated on the
customer invoice. Failing to make
payments within 5 days after the
first past due notice will result in
the account being suspended
automatically by our billing
software. There will also be a $5.00
late payment fee for all delinquent
accounts.
Accounts
in default of payment are subject to
an interruption or termination of
service without notice. An
interruption or termination of
service due to an account being in
default does not relieve the
subscriber from the obligation to
pay any past due account charges.
Accounts
in default for more than 30 days are
subject to submission to a
collection agency and accruing a
collection fee of $15, an interest
charge of 1.5% per month on the
outstanding balance. If the
subscriber defaults in the payment
of any amounts owed thereafter, they
agree to pay CIS Wireless Broadband
its actual expenses, including
attorney and collection agency fees,
incurred in enforcing its rights
under this billing policy.
CIS
Wireless Broadband does not monitor
accounts for inactivity. Only a
phone call to 520-458-0293 or a
written request via US Mail will
terminate service and relieve the
subscriber of the obligation to pay
monthly service charges. An account
in default will result in the unpaid
balance plus any additional charges
to be paid immediately.
SECURITY:
You are
responsible for the protection of
your account and data. You are
advised that the Internet is not a
secure system. Data can be, and
often is, viewed by third parties.
Information of a private or
confidential nature should not be
placed on CIS Wireless Broadband
servers. CIS Wireless Broadband
specifically denies any
responsibility for the security of
your account and the data stored in
CIS Wireless Broadband facilities.
VIRUSES:
It is
recognized that the Internet may
contain viruses that may, if not
eliminated, destroy parts or all of
the data contained within your
computer. CIS Wireless Broadband has
no control over these viruses. You
agree to provide your own mechanism
for checking your computer system
for viruses and to hold CIS Wireless
Broadband harmless from any damage
caused by viruses obtained through
CIS Wireless Broadband services.
Further, you agree not to introduce
any virus onto the Internet system
or CIS Wireless Broadband systems.
If you do so, your service may be
terminated.
PERSONAL
FILES:
CIS
Wireless Broadband is not
responsible for the preservation,
maintenance, or backing up of
Subscribers’ personal files or other
information. CIS Wireless Broadband
has the right to delete any and all
files and information associated
with individuals who have
discontinued CIS Wireless Broadband
service.
NETWORK
ADDRESS OWNERSHIP:
IP
addresses assigned to Subscribers
are considered to be loaned and not
given. Addresses will revert to CIS
Wireless Broadband when the
Subscriber disconnects or
discontinues service, depending on
the type of account.
COMPLIANCE WITH ALL LAWS:
Using
the Services to transmit any
material (via email, uploading,
posting, or otherwise) that,
intentionally or unintentionally,
violates any applicable local, state
or national law, or any rules or
regulations is strictly prohibited.
UNACCEPTABLE CONDUCT:
The
following constitute unacceptable
conduct:
a. Using
the Services to transmit any
material (by email, uploading,
posting, or otherwise) that
threatens or encourages bodily harm
or destruction of property.
b. Using
the Services to transmit any
material (by email, uploading,
posting, or otherwise) that harasses
another.
c. Using
the Services to make fraudulent
offers to sell or buy products,
items, or services or to advance any
type of financial scam such as
"pyramid schemes," "Ponzi schemes,"
and "chain letters."
d. Adding, removing or modifying
identifying network header
information in an effort to deceive
or mislead is prohibited. Attempting
to impersonate any person by using
forged headers or other identifying
information is prohibited.
e. Using
the Services to transmit any
unsolicited commercial email or
unsolicited bulk email. Activities
that have the effect of facilitating
unsolicited commercial email or
unsolicited bulk email whether or
not that email is commercial in
nature are prohibited.
f. Using
the Services to access, or to
attempt to access, the accounts of
others, or to penetrate, or attempt
to penetrate security measures of
CIS Wireless Broadband or another
entity's computer software or
hardware, electronic communications
system, or telecommunications
system, whether or not the intrusion
results in the corruption or loss of
data.
g. Using
the Services to transmit any
material (by email, uploading,
posting, or otherwise) that
infringes any copyright, trademark,
patent, trade secret, or other
proprietary rights of any third
party, including, but not limited
to, the unauthorized copying of
copyrighted material, the
digitization and distribution of
photographs from magazines, books,
or other copyrighted sources, and
the unauthorized transmittal of
copyrighted software.
h. Using
the Services to collect, or attempt
to collect, personal information
about third parties without their
knowledge or consent.
i. Using
the Services for any activity that
adversely affects the ability of
other people or systems to use CIS
Wireless Broadband Services or the
Internet. This includes "denial of
service" (DoS) attacks against
another network host or individual
user. Interference with or
disruption of other network users,
network services or network
equipment is prohibited. It is the
Subscriber’s responsibility to
ensure that their network is
configured in a secure manner. A
Subscriber may not, through action
or inaction, allow others to use
their network for illegal or
inappropriate actions. A Member may
not permit their network, through
action or inaction, to be configured
in such a way that gives a third
party the capability to use their
network in an illegal or
inappropriate manner.
j. Any
attempt to use CIS Wireless
Broadband services to hurt other
individuals or networks in any way.
COMPLIANCE WITH RULES OF OTHER
NETWORKS:
Using the
Services for any activity that
adversely affects the ability of
other people or systems to use CIS
Wireless Broadband Services or the
Internet is prohibited. This
includes but is not limited to
"denial of service" (DoS) attacks
against another network host or
individual user; interference with
or disruption of other network
users’ network services or network
equipment is prohibited. It is the
Subscriber’s responsibility to
ensure that their network is
configured in a secure manner. A
Subscriber may not, through action
or inaction, allow others to use
their network for illegal or
inappropriate actions. A Subscriber
may not permit their network,
through action or inaction, to be
configured in such a way that gives
a third party the capability to use
their network in an illegal or
inappropriate manner.
MONITORING AND PRIVACY:
While CIS
Wireless Broadband makes no
guarantees as to the privacy of its
Subscribers’ data on the Internet,
efforts are made to preserve said
privacy. CIS Wireless Broadband does
not actively monitor Subscribers’
online activities, but reserves the
right to do so if it is suspected
that the Subscriber is violating
this TOS, or engaging in other
unlawful or destructive activity.
COOPERATION WITH AUTHORITIES:
CIS
Wireless Broadband will cooperate
with local, state, and federal law
enforcement agencies in their
investigations of illegal activities
involving the use of CIS Wireless
Broadband services. This includes
network transactions by Subscribers
as well as third parties.
RIGHT TO
SUSPEND OR CANCEL ACCOUNTS:
CIS
Wireless Broadband has the right to
discontinue service to any
Subscriber, at any time, for any
reason. Failure to adhere to any of
the terms set forth in this TOS may
result in suspension or
cancellation. The following are
other conditions that may result in
suspension or cancellation of
services.
-
Failure to pay for services
promptly and in full.
-
Failure to inform CIS Wireless
Broadband of changes of address
or other necessary information
necessary for account
maintenance
-
Request for cancellation of
service by the Subscriber.
TERMINATION/SUSPENSION:
CIS
Wireless Broadband may terminate or
suspend accounts without notice for
violations of this TOS or other
policies, or at its discretion.
Partial refunds for less than one
months service will not be given.
RIGHTS TO
DAMAGES:
CIS
Wireless Broadband has the right to
claim economic damages from
Subscribers if they cause
significant economic harm to CIS
Wireless Broadband through violation
of this TOS or by any other action.
RIGHT TO
CHANGE SERVICES:
CIS
Wireless Broadband reserves the
right to revise, amend, or modify
this TOS and our other policies and
agreements at any time and in any
manner. Notice of any revision,
amendment, or modification will be
posted to the company web site,
http://www.cis-broadband.com.
If you disagree with changes, your
sole recourse is to discontinue
services with CIS Wireless
Broadband.
ENFORCEABILITY:
In the
event that any portion of this
agreement is deemed to be
unenforceable the unenforceable
portion shall be construed in
accordance with applicable laws as
nearly as possible to reflect the
original intention, and the
remainder of the provisions shall
remain in full force and effect.
Failure to insist upon or enforce
any portion of this agreement shall
not be construed as a waiver of any
provision or right.
REPORTING
VIOLATIONS:
CIS
Wireless Broadband requests that
anyone who believes that there is a
violation of this TOS direct the
information to Abuse Department, at:
abuse@cis-broadband.com
If
available, please provide the
following information:
-
The
source IP address used to commit
the alleged violation
-
The
date and time of the alleged
violation, including the time
zone or offset from GMT
-
Any
evidence of the alleged
violation
For
cases of email abuse, an Email with
full header information provides all
of the above, as do syslog files.
Other situations will require
different methods of providing the
above information.
CIS
Wireless Broadband may take any one
or more of the following actions in
response to complaints:
-
Issue warnings: written or
verbal
-
Suspend the Member's account
-
Terminate the Member's account
-
Bill
the Member for administrative
costs and/or reactivation
charges
-
Bring legal action to enjoin
violations and/or to collect
damages, if any, caused by
violations.
QUESTIONS/COMMENTS:
Any
questions, suggestions, or comments
regarding this TOS may be directed
to:
info@cis-broadband.com
Use
of CIS Wireless Broadband services
constitutes acceptance of these
Terms and Conditions. |