Service
Agreement
Note: This document is provided for
informational purposes only (both for existing customers, and prospective customers). This
document may not accurately reflect the current agreement that you have with CornerNet
Communications. If you have any questions, please refer to the Service Agreement that was
mailed to you when you opened your account with CornerNet Communications, which is the
legal document describing the terms of the relationship between you and CornerNet
Communications, or contact the CornerNet offices.
CornerNet SERVICE
AGREEMENT - September 15, 1997
Updated - July 21, 1998
Updated - February 4,
1999
1. CornerNet Communications reserves
the right to change this agreement at any time. Customers will receive prompt notification
of any modifications. Use of CornerNet Communications' Internet Service after the
effective date constitutes acceptance of the terms and conditions outlined in this
agreement.
2. Unless under contractual obligation,
customers have the right to cancel their account at any time, for any reason. CornerNet
Communications also has the right to terminate or suspend your subscription at its
discretion, for reasons including, but not limited to; violating its terms and conditions
and/or its acceptable use policy, untimely payment or non-payment of charges for service
fees and surcharges, repeated incidents of complaints from other network users which
CornerNet Communications determines to be valid or inappropriate usage as determined by
CornerNet Communications or other relevant authorities. If your account is suspended or
interrupted, you are not relieved of the obligation to pay monthly account charges. Only a
written notice to cancel this agreement relieves you of future charges. If you send us a
written notice via email, we will contact you or your authorized representative by phone
to confirm your decision to cancel this agreement. If your account is suspended,
there are no refunds.
3. Dialup accounts are for interactive
use. Users must be at their computer while using their account. The use of
email-checkers, ping programs, IRC clients, or other programs or procedures designed to
defeat the idle timeout, creating a line camping affect, will result in accounts being
upgraded to a dedicated line or the account being terminated. (I.E. downloading for 6
weeks without disconnection is NOT a good reason for being online for 6 weeks straight.)
(Normal use of IRC does not violate this provision.) Dialup accounts each have a
time limit and additional usage will be billed at $0.75 an hour. Additional hours will
appear on next month's bill. You may not resell this service, or access to this service,
in any way unless prior arrangement has been made. Dialup accounts may not be used by a
Bulletin Board System (BBS) or other online service.
4. Personal web pages can be used for
personal use. At our discretion, we may charge a reasonable fee for additional traffic
over 30 megabytes per month. Storage and/or distribution of pornographic materials on
CornerNet Communications' servers is prohibited.
5. Your account may be used by yourself,
members of your immediate family, or an authorized representative of your company. Use of
your account by someone other then yourself, an immediate family member, or an authorized
representative of your company may cause your service to be terminated. All customers must
be of legal age and may be required to provide proof of age. No users under 18 are
permitted without signed permission from a parent or legal guardian. Some materials
located on the Internet may be offensive or adult in nature.
6. Only one dial-in per account is
allowed at any one time. This means you may not use more than one of CornerNet
Communications' modems at the same time. A reasonable number of concurrent telnet sessions
to your shell account are permitted. If you are found logged in more than once over a
modem connection, we will assume that your password has been compromised and will
immediately suspend your account.
7. All accounts will be billed on either
a monthly or yearly basis. All invoice payments are due in our office by the due date. All
returned checks will be subject to a $25.00 fee for each time they are rejected by your
bank. Accounts may be interrupted if a bad check is not paid in 5 days. Any account which
goes unpaid for more than 30 days may be suspended without notice.
8. You may have your user name as an
alias. You may choose any user name as long as there are no duplicates in the user name
list and subject to technical limitations of the system (i.e. up to maximum of 8
characters) . Your user name will always appear in your newsgroup postings and sending of
electronic mail. Your user name is your login authorization. Your user name will be shown
in system utilities, such as who, which shows the list of current users on-line to the
system. Upon request, you can have your real name removed from the comment field, so that
only your user name will be shown in your newsgroup postings and sending of electronic
mail.
9. It is the responsibility of all
Customers and others who have access to CornerNet Communications' Internet Service to use
the services provided by CornerNet Communications only as permitted by applicable local,
state, and federal laws, respect the privacy of other users and to not intentionally seek
information on, obtain copies of or modify files, other data or passwords belonging to
other users without permission,
respect the legal protection provided by copyright, trademark, licenses and other laws to
programs, data and documents. You may not upload to CornerNet Communications any
data or software that is subject to distribution or copyright limits. You have the sole
liability for any data or software uploaded to CornerNet Communications. Use
CornerNet Communications' facilities, services or resources in a manner which does not
interfere with or disrupt other network users, services or equipment. Such interference or
disruption includes, but is not limited to: (a) wide-scale distribution of messages to
inappropriate forums or mailing lists, (b) propagation of computer worms or viruses, (c)
use of the network to make unauthorized entry to other computational, information or
communications devices or resources. This includes unauthorized security probing
activities or other attempts to evaluate the security integrity of a network or host
system without permission, (d) use of the network to make threats against another person
via email or news or any other electronic media/service we make available and/or (e) use
of our system to run IRC bots or clones.
10. CornerNet Communications' services
are provided on an as is basis. There are no warranties expressed or implied. The Customer
is responsible for the accuracy of data input and output and for maintaining a means
external to the CornerNet Communications Internet service for the reconstruction of any
lost data. The customer agrees to indemnify and hold harmless CornerNet Communications
from any claims resulting from the customer's use of the service.
11. In the event CornerNet Communications
should commence any action/s, or otherwise seek to enforce this agreement against any
customer, the customer agrees to pay reasonable attorney/s fees, court costs and other
expenses incurred by CornerNet Communications, whether or not suit is filed. CornerNet
Communications reserves the right to assess legal fees, including attorney and court fees,
upon any customer, who by their action or inaction directly or indirectly causes CornerNet
Communications to be a defendant, co-defendant or to have to testify in any civil or
criminal legal action or arbitration.
12. CornerNet Communications is not
responsible for service interruptions beyond its control, including acts of God or service
interruptions by its suppliers. From time to time, the system may be down for maintenance.
Advance notice will be given when possible.
13. Any access to other networks or
systems through CornerNet Communications internet service must comply with applicable
rules of that network or system.
14. CornerNet Communications exercises no
control over the content of the information passing through or temporarily stored in its
system. CornerNet Communications' personnel may occasionally be required to examine files
or email as part of their duties and to facilitate operation of the system. All customer
data shall be treated in a confidential manner and data access of this nature shall be
minimized. Customer data, including account records, on-line files and email will be
released only to those individuals authorized by the customer or upon service of a valid
court order.
15. The customer agrees to protect and
treat all access codes and ID's provided by CornerNet Communications for its systems as
confidential. If a customer believes his/her access ID/password has been compromised,
immediate email or telephone notification must be provided to CornerNet Communications.
The customer may be held responsible for all acts/communications initiated or authorized
by that account ID until receipt by CornerNet Communications.
16. Both parties agree to accept
electronic mail as legally binding documentation for billing and notification purposes.
17. These Terms and Conditions represent
the entire agreement between you, the customer, and CornerNet Communications, and
supersedes all prior oral or written agreements and understandings between the customer
and CornerNet Communications. These terms and conditions shall be governed and interpreted
in accordance with the laws of the State of Minnesota, United States of America. Any
claims or causes of action arising out of or related to this agreement must be instituted
within one (1) year after the claim or cause of action has arisen or be barred from filing
claim. |