This Agreement provides the minimum essential terms to be incorporated into any agreement, including the Real/Time Communications Dial-Up Internet Access Service Agreement entered into by Real/Time Communications with customers for the use of Internet Connection Service. The term "Company" in this agreement means Real/Time Communications. The term "user" shall mean any third party authorized by Real/Time Communications to use the Internet Connection Service. In the event of any conflict between this Policy and any agreement relating to the subject matter hereto between the Company and User, the terms and conditions set forth in any such agreement shall prevail. Real/Time Communications may at in time in its sole discretion modify this Policy or any of the terms set forth below upon notice published over the Service or transmitted via electronic mail.
Content Responsibility
User shall be solely responsible for the content of any transmissions over the Internet by user or any third party utilizing User's facilities. User agrees that it and any third party utilizing User's facilities will not use the Internet Connection Service for illegal purposes, or to interfere with with or disrupt other network users, network services or network equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.
Disclaimer of Warranties and Limitation of Liability
COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company shall not be liable for any damage that user may suffer arising out of use, or inability to use, the Internet Connection Service or products provided hereunder. Company shall not be liable for unauthorized access by third parties to User's transmission facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of User's data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.
Disclaimer of Consequential Damages
IN NO EVENT WILL COMPANY, ITS AGENTS, OR AFFILIATES BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR PERFORMANCE OF THE INTERNET CONNECTION SERVICE.
Rights and Obligations of User
(a) User shall at its own expense undertake all necessary preparations required to comply with Company installation and maintenance instructions. In addition, if any routers or other user premises equipment ("Equipment") is being supplied to User by company User shall be responsible for the costs of relocation of such Equipment once installed by Company and shall provide to Company and to suppliers of communications lines reasonable access to User's premises to maintain such equipment or to perform any acts required by this Agreement.
(b) User shall promptly accept for delivery all services they expect to receive from Company. Items such as email messages awaiting delivery will be briefly held until the customer retrieves them, but retrieval must be prompt. Real/Time does not provide long-term storage and archival services. It is an inappropriate use to use a delivery mechanism for archival or storage. Products and services made available for delivery will become unavailable if the user does not accept delivery. Payment for undelivered products and services is due in advance of the time they are available for delivery, whether the customer accepts delivery or not. No refunds will be issued for products or services the user failed to accept for delivery in a timely manner. Email that has not been accepted for delivery will be deleted, and will be irretrievable. Company shall make products and services available for delivery according to terms set by Company. User is not authorized to change the terms of delivery, purchasing products and services requires acceptance of the terms provided by Company.
(c) User shall not do any of the following or permit any third party under its control (including its customers and their users) to do the following and must include provisions in its service agreements for its customers and authorized users that restrict them from doing any of the following:
- restrict or inhibit any other user from using and enjoying the Service and/or the Internet;
- post or transmit any unlawful, illegal, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the US export control laws and regulations.
- upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is PROTECTED BY COPYRIGHT or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- use the Service in violation or contravention of the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above.
Should User discover that any of its customers or users have
committed any of the above, User must take reasonable steps to enforce
its agreement with its customer or user (authorized or not).
We have and enforce a policy of not permitting any subscribers or
account holders to post any material that infringe the copyrights
of others, and under appropriate circumstances will terminate the
account of subscribers and account holders who are repeat
infringers. Repeat postings of infringing material is cause for
termination of service.
In addition, neither User nor any third party under its control (including its customers and their users) may affect or participate in any of the following activities through the Service:
- post a single article or advertisement to more than 10 (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;
- post to any Usenet or other newsgroup, forum, email mailing list or similar group or list articles which are off-topic according to the charter or other public statement of the group or list:
- send unsolicited mass mailings to more than twenty-five (25) email users if such unsolicited electronic mailings provoke complaints from the recipients.
- check their email using automated methods that cause excessive resource consumption, or that causes their dialup connection to never hang up.
- engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Company account or remailer, or using a Company account as a mail drop for responses; or
- falsify or "spoof" user information provided to Company or to other users of the Service in connection with the use of a Company service.
- resell the service without specific authorization, or purchase service for a purpose other than that which is stated at the time of purchase.
(c) User shall be responsible for communicating with its own customers and users with respect to the Service, and for handling all complaints and trouble reports made by its own customers and users.
(d) Customer shall comply with all security procedures and standards with respect to its own routers and servers that interface with the Service which Company may communicate to User from time to time.
(e) Customer shall comply with all RFCs and other standards as they apply to all Internet activities, protocols and services. This includes, but is not limited to, any email servers, usenet servers or other servers Customer operates anywhere on the Internet.
(f) Customer will provide current contact information to Company, and will provide updated information as soon as they have it available. Customer agrees that their service must be interrupted any time their account is found to not have working contact information.
(g) Customer agrees to compensate Real/Time for labor associated with cleaning up after violations of this policy. The fee for this service is $150 per hour, and is billed in 1 hour increments. This fee is due and payable even if service is terminated as a result of the violation.