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NOI Grapevine Net |
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NOI Grapevine Net |
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Revised: January 2, 2003
At NOI Grapevine Net by Networks Online, LLC (referred to in this document as NOI), we are happy to provide Internet
service for our customers and want you to get the most out of your Internet experience. This Acceptable Use Policy
and Terms of Service document is provided to enable subscribers to better understand what is permissible conduct.
It is important that our Internet clients understand these policies while using our services so that no one may
find their services interrupted for mistakenly violating the basic acceptable practices or placing an undue burden
on our services, and that the network services received and used are exercised legally and ethically.
This Acceptable Use Policy and Terms of Service agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement shall remain in full force and effect. NOI reserves the right to modify the terms of this agreement without direct notice by posting the revised agreement on their public web site. Use of NOI's services constitutes acceptance of this Acceptable Use Policy and Terms of Service agreement.
Our network may only be used for lawful purposes. Transmission of any material in violation of U.S. Federal or State regulations or statutes is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, defamatory or libelous material, material that constitutes an illegal threat, material that violates rights of privacy or publicity, or material that violates export control laws. You further agree to indemnify and hold harmless NOI from any claims resulting from your use of the service which may result in damage to you or another party.
The service you are purchasing from NOI is to be used by you and only you. If you will be reselling Internet services, you must notify NOI. Additional terms need to be worked out for Reseller status.
Users of NOI may not attempt to access our network to obtain multiple simultaneous connections; i.e., using the same username and password. Only users with multi-point accounts, certain business accounts, and other special accounts may obtain multiple simultaneous connections at any given time. Users that attempt to obtain multiple simultaneous connections will have both (or all) connections terminated. Secondary, or e-mail only, accounts cannot be used to connect into our network. These accounts are for e-mail transmission only.
We provide unlimited access to our DSL and dial-up clients*. Unlimited access will consist of unrestricted usage of your DSL or dial-up service through NOI while in front of your computer for purposes other than hosting of Internet services. Internet services are those applications accepting transfer requests, including but not limited to web site hosting, FTP services, E-mail and Newsgroup hosting, and Internet Relay Chat software. Hosting of Internet services requires a separate Reseller service agreement for obtaining a dedicated connection and Internet address which incorporates additional fees. NOI reserves the right to limit the total time each session may remain connected or to disconnect idle sessions. Use of automated devices or software to reconnect your computer to maintain a constant connection and attempts to maintain a dedicated Internet address are prohibited. If it appears to us that you are attempting to maintain a dedicated connection or Internet address, you will be warned once for the violation. Continued abuse may result in termination of your account or automatic conversion of your account, at the sole discretion of NOI, to a dedicated Reseller account with the appropriate charges incurred. Additionally, NOI reserves the right to monitor and limit data transfer rates for all accounts.
If NOI upgrades their network to a point where your equipment is no longer usable, you must also upgrade to suitable equipment at your own expense in order to be able to continue use of our service. NOI will make every effort to give advance notice before making significant changes that may affect your service; however, NOI may not always have the ability to give this notice. Installation of DSL service not performed by an NOI technician or utilizing any customer-provided equipment voids all offers of free installation or refund liabilities due to quality-of-service issues with NOI's services.
E-mail is one of the greatest conveniences that the Internet offers, but it can be abused. We ask that our users do not send unsolicited e-mail messages or cross-post USENET (newsgroup) messages to multiple newsgroups. This practice, known as spamming, causes an undue load on mail and news servers and angers people when their mailboxes are filled with unwanted product offers or other advertisements. To notify NOI of spam or other abusive messages you have received, forward these messages as plain text, including all header information, to spam@noi.net or abuse@noi.net. NOI may be unable to take any action without the complete header information. For assistance in forwarding the message with the header information, contact our office at the number below. In no event will NOI be liable for or act as an agent for any client wishing to pursue legal remedies for receipt of spam or viruses.
While NOI supports legitimate commerce, in accordance with section 2307.64 of the Ohio Revised Code, all commercial email must clearly disclose the complete and correct postal address of the originating parties, the complete and correct originating, return, and reply e-mail addresses of the originating parties, and a clearly identified and functional procedure for being removed from all future mailings from the originating parties. Furthermore, absent any formally enacted federal legislation regarding this issue, originators of commercial email must obtain authorization from recipients prior to their inclusion in commercial mailings. In no instance may the originators misrepresent the origins of the electronic mail message through false addresses or routing information. NOI reserves the right to assess a per-recipient fee on each message transmitted through our network for all commercial mass mailings.
Any users, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party or program, found engaging in the act of spamming will have their account suspended immediately. The only exception to this rule is when a NOI administrator finds it necessary to send an e-mail message to all of our users. Please do not reply to global messages if you have a comment. Please send them to our staff at support@noi.net. In addition, we ask that you do not send large files, greater than one megabyte, through the mail. This clogs up individual mailboxes and in some instances will not allow additional messages to be placed into that mailbox. NOI reserves the right to limit the size of messages that may be sent and received through our services.
At NOI we provide our DSL and dial-up clients 20 Megabytes of space with which to publish a small personal web site. While we do not censor or otherwise restrict the content on clients' personal sites, we do not allow any content of a sexually explicit or otherwise "adult" nature to be posted. We also do not permit any commercial content on personal web pages. If you wish to host a commercial site, this can be hosted for a reasonable fee according to the terms below. Commercial web sites also provide from 40 Megabytes of space, depending on the hosting package selected.
Our main concern is the amount of load that is placed on our web servers and network. We reserve the right to limit bandwidth to personal and commercial web sites. Personal web sites are limited to no more than 1 Gigabyte of data transfer per month, though you may request to extend these limits for a nominal fee. Data transfer limits for commercial sites begin at 2 Gigabytes of data transfer per month, depending upon the hosting package selected. Web sites that exceed their transfer limits in any given period may be temporarily suspended for the remainder of the period. In order to avoid web site suspension, a user can opt to extend the bandwidth limitation for a nominal fee.
Once an account has been terminated for any reason, NOI will not be responsible for the loss of any information that was stored in the web site's directory. Saving copies on your hard drive or making back-ups of any information is your responsibility.
As part of our anti-spam policy, we do not allow web pages that are advertised in "spam" messages. There is a common practice of setting up a web page on one server and then sending out massive numbers of messages about that page from other mail servers. In cases like this, the ISP hosting the web page is at fault as much as the ISPs allowing the messages to be sent. For these reasons, should NOI learn of a site hosted with us advertised in this manner, these pages will be removed from our network immediately and terminate the account of the offending party.
For those clients who wish to practice using a Unix/Linux shell, we do offer this capability for a nominal fee. Any client caught attempting to access another NOI user's account or files, or attempting to install or execute applications not authorized by NOI will have their account suspended or terminated, as the situation requires. NOI may also pursue violators through criminal and/or civil prosecution in accordance with the policy against Unauthorized Access.
We are happy to allow clients to place their Internet servers and other equipment within our facilities upon request. However, in order to permit essential maintenance of our facilities for such events as power outages (scheduled or unscheduled) or changing of equipment placement within our facilities, NOI requires disclosure of the administrative user accounts and passwords for each server or other devices located in our facilities.
Pursuant to 17 USC 502 (c)(3)(A), in order to notify NOI of material transmitted through their network which infringes upon the copyrights of any copyright owner, you must notify us in writing or via email to abuse@noi.net which includes the name, address, telephone number, and electronic signature (or physical signature if notified in writing to the address below) of the individual submitting the notification, sufficient information to properly identify the copyrighted materials and their specific location on NOI's network, a statement by the owner of the copyrighted material demonstrating a good faith belief that there is no legal basis for the use of the copyrighted materials, and a statement under penalty of perjury of the accuracy of the notice and that the complaining party is the owner of the copyrighted material is authorized to act on the behalf of the owner. This notice will be filed by NOI and a copy forwarded to the owner of the affected web site upon receipt of sufficient notice.
Should NOI receive sufficient notification of copyright infringement, the offending material will be subsequently
removed by NOI with or without prior notification to the owner of the affected web site. After NOI notifies the
affected web site owner, the owner of the affected web site must notify NOI pursuant to 17 USC 502 (g)(3) that
the removed material does not infringe upon copyrights prior to restoration of the
affected material. This notice must include the site owner's name, address, phone number and electronic signature
(or physical signature if notified in writing to the address below), identification of the material and its location
prior to removal, a statement under penalty of perjury that the material was removed by mistake or misidentification,
and consent of the web site owner to local federal court jurisdiction. Failure to provide this notice prior
to restoration of offending materials or repeated infringements of copyrights will result in immediate termination
of all services.
Please note: The statute requires electronically transmitted notifications to include an electronic signature.
An electronic signature is an electronically transmitted identification sequence that is unable to be duplicated
by another party used to authenticate the identity of the message sender. Due to the fact that an email message's
origin may be forged (a fact exploited by spammers and viruses), simply providing your name and email address is
insufficient. Furthermore, should NOI receive any legal subpoena resulting from any claim of infringement, NOI
is obligated to provide the identity of the web site owner to the legal representatives of the copyright owner.
We will not allow intrusions into our network or to any other networks from our network. We do not permit data flooding from our network or to any of our modems. Anyone trying to gain administrative access on one or more systems hosted on our network, or trying to access another user's account will be removed from the network immediately (by suspension or termination) and the appropriate parties will be notified. NOI may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your account and/or the exclusion of any person(s) who may have violated our Acceptable Use Policy and Terms of Service. NOI may also pursue violators through criminal and/or civil prosecution as applied by the relevant jurisdiction. NOI will cooperate with any legitimate investigation by Federal, State, or local law enforcement agencies or any court or tribunal legitimately exercising its rights. Such cooperation may be provided without any notice to you.
Any user caught attempting Denial of Service (DoS) attacks to an NOI user or any other party on the Internet will have their account suspended or terminated, as per the situation. This may include users who may be infected, knowingly or unknowingly, by viruses attempting to replicate themselves through Internet transmission.
Any user that suspects that they have been attacked should report any such action to the Systems Administrator at abuse@noi.net. Please be sure to include any log file entries that you might have of the attack. Without any records of the attack, there is no proof of the attack. Please be aware that these entries must be included as plain text within the body of the message, not as an attachment. Automated services may not always recognize attachments.
The below basic plans summarize services provided by NOI. Please call 330 545-9304 to obtain pricing and other information on available services.
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All billings for Internet services are processed during the month prior to the beginning of the service period. Printed invoices will be sent out on or about the 15th the month prior to the beginning of the service period. Credit cards will be charged for DSL, dial-up, or other service accounts during the month prior to the beginning of the service period. All payments are due by the 1st day of the service period. Account owners for credit card billings that fail will be notified of the failure within ten (10) days either by a written invoice or via email. Payment for invoices or failed credit card billings not received by the 1st day of the service period will be assessed a late fee in the greater amount of five dollar ($5.00) or one and one-half percent (1.5%) of the total past due balance on the 2nd day of each month the account is past due. Accounts that are fifteen (15) or more days past due will result in suspension of your account services on the first business day following the 15th day of the service period. Accounts disabled for late payment may be subject to a twenty-five dollar ($25.00) reactivation fee.
Should credit card billing be declined two months within any twelve (12) month period, the account billing will be automatically converted to invoice billing at the current basic rate. The credit card rate is lower due to ease in billing. When credit cards fail, the cost escalates. Should a customer dispute of credit card billing result in charge back of service fees, NOI reserves the right to assess a ten dollar ($10.00) processing fee in addition to reinstatement of service fees due. Service fees reinstated after the 1st day of the service period for the billing cycle in dispute would then be considered past due including all applicable processing and late fees. Disputes in billing due to claims of cancellation or non-use will not be considered valid unless cancellation was requested in accordance with the below cancellation procedure.
There will also be a thirty dollar ($30.00) Non-Sufficient Funds fee assessed for each returned check which becomes due immediately. Payment of fees resulting from returned checks must be made within ten (10) days to prevent suspension of service. Please note that all checks returned for insufficient funds will automatically be submitted for collection actions through Trumbull Credit and Adjustments Bureau without any prior notice to the client.
All corporate customers must be charged sales tax on services provided.
Note: All new sign-ups are offered a Setup and Introductory Internet Orientation course at their location for twenty-five dollars ($25.00). This is a one-half hour course which will help you learn all you need to know to get started using your Internet services. Please call our office for an appointment.
Cancellation of Account Services
If you find you need to cancel your services, please follow these instructions:
Please note that annual and quarterly accounts are discounted from the basic rate due to the fact that no billing notices or other transactions are required for the duration of the extended service period. In the event that technical difficulties exist in NOI equipment that prevent the reasonable use of NOI's services, and that NOI has been reasonably notified of and is unable to resolve these issues, no refund for unusable services shall exceed an amount equal to the remainder of Internet subscription fees paid, based upon the average monthly rate, for the months of service that were unusable following the date on which NOI was first notified of the technical problems. Should the holder of an account receiving a rate discounted by written or verbal contract submit a request for cancellation prior to the expiration of the contract term for reasons other than unresolvable technical problems in NOI's equipment, the contract rate shall then revert to the basic subscription rate in effect during each month of the service period. A balance shall then become due upon NOI's receipt of the written cancellation request for the months of service utilized at the basic subscription rate less the subscription fees paid to date for that account. Late fees or other processing fees and penalties shall not be credited toward payment of subscription fees for services used.
All payments and billing inquiries should be sent to:
If you have any further questions please write to billing@networksonline.com.
NOI has no control over the content of the information coming from the Internet, passing through our network to your computer. NOI makes no warranties of any kind, expressed or implied, for the service it is providing. NOI also disclaims any warranty of merchantability or fitness for a particular purpose. NOI will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Information from the Internet obtained via our network is to be used at your own risk.
NOI specifically denies any responsibility for the accuracy or quality of information obtained through its services.
THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER NOI, ITS AFFILIATES OR RESPECTIVE OFFICERS, AGENTS, OR EMPLOYEES MAKES ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; NOR DOES NOI, ITS AFFILIATES OR RESPECTIVE OFFICERS, AGENTS, OR EMPLOYEES MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE MERCHANTABILITY, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
LIMITATION OF LIABILITY.
USER AGREES THAT NEITHER NOI NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM OUR SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS
OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO OUR SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
USER FURTHER AGREES THAT NOI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION
OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT. THE USER AGREES THAT NOI SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY OF OUR SERVICE. IN SUM, IN NO EVENT SHALL NOI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO NOI, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.
No refunds will be made on accounts revoked for any disciplinary reason outlined above, i.e. hacking or DoS attacks, or for accounts terminated for any reason other than technical difficulties within NOI's equipment which were brought to their attention and that NOI technicians were unable to resolve.
If you have any questions or comments about any of these policies, feel free to call our office and we can explain them further for you.
Gene Grimm, Systems Administrator
gag@networksonline.com
Michael Adams, President
mda@networksonline.com
