All customers and all others who use the Service (the "customer," "user," "you," or "your") of Great American Broadband, OnlyInternet.Net, Corpsite, Maplenet Broadband and Wireless, Decaturnet, Jayco.Net, Parlor City Internet, Coolsky Internet, Name My Dots.com, CT5, Reliasites, A Web Presence, OnlyInternet Broadband and Wireless, Connectiva, herein referred to as Company must comply with this Policy. Your failure to comply with this Policy shall result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify us so that your account can be closed.
Company does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the Company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Company has no obligation to monitor the Service and/or the network. However, Company and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Company users.
If the Service is used in a way that Company or its suppliers, in their sole discretion, believe violates this Policy, Company or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Company nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Company's exclusive remedies and Company may take any other legal or technical actions it deems appropriate with or without notice.
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Company Equipment, either individually or in combination with one another to violate the terms of this agreement.
No spamming is allowed. Anyone sending mass mailed messages to more than 30 recipients will be considered spammers and lose all rights to the services offered here and be subjected to a fine. Spamming is defined as sending unwanted, unsolicited email to those who have not requested or invited the message. In no way does Company provide open relaying services to users not within our network. The following are considered violations of this Policy:
In the cases of willful and/or repeated violations of these provisions, the Offender(s) agree to pay Company $200.00 for every day the violations occur over and above any fines and damages incurred to Company. The Offender(s) also agree to pay any and all legal costs or fees involved with the apprehension and investigations of such activities.
The services sold & provided by Company are designed and sold as "personal" and/or "inner" Company Internet connections.
"Always On" means the ability to achieve service to the web in an unlimited and always available connection. In no way or implication does Company, guarantee or offer to deliver for the residential or business connections an unlimited amount of data transfer for a basic monthly price.
Company is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is Company's Policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Company, in its sole discretion, believes is infringing these rights. Company may terminate the Service at any time with or without notice for any affected customer or user. If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Company.
You agree to indemnify, defend, and hold harmless the Company from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from the actions of the Company which damage either the customer, the Company, or any other party or parties without limitation or exception. This indemnification agreement extends to all issues associated with the customer's account.
You acknowledge and agree that Company (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
Company reserves the right in our sole discretion to provide the level of security we deem appropriate to safeguard our network and customers, and other Internet users, against Internet threats or abuses, including viruses, spam and phishing threats. These security measures may include, but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus and anti-spyware software, and blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from your account. Customer agrees that Wells County, Indiana, is the preferred venue, and that any suit shall be brought in said County.
All accounts are due 30 days after invoice date of each month. All accounts not paid in full on the 31st are considered "overdue" and service may be suspended. There may be a $25.00 reconnect fee if your service is suspended due to non-payment or Policy violation.
Engaging in any of the above activities can result in the immediate termination of all services of Company. The failure of Company to enforce the Policy, shall not be construed to be a waiver of Company's rights to enforce the Policy at any time.
You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will be in full force and effect.