You agree to read and abide by the Entire Acceptable Use Policy located on our web site at: http:\\www.ethx.biz. This agreement may be changed without notice at any time.
Violation of any of the terms and conditions of this agreement may result in the immediate, no-notice cancellation of your subscription and the forfeiture of your remaining subscription fee. This agreement may not be assigned by the customer to any other organization or person without the prior written consent of Ethx
Ethx makes no warranties or representations of any kind for the service being offered, including warranties of merchant ability or fitness for any purpose. We are not responsible for any loss you suffer as a result of using Ethx, including but not limited to loss resulting from delays in service, incorrect or incomplete delivery of information, loss of e-mail, possible “computer viruses” or interruption of service, regardless of cause. Stated bandwidths apply only to the customer-to-Ethx connection. No guarantee of end-to-end bandwidth on the Internet as a whole is made. No guarantee of end to end e-mail delivery on the Internet as a whole is made.
Ethx will facilitate communication between the member network(s) and other Internet-connected facilities. Ethx does not guarantee; however, that any particular site, provider or service will be reachable at any given point in time through the Ethx Internet connection. If user stores data on Ethx’s machines, either as a web sites or FTP directories, user understands that he/she is responsible for the backup of this data.
Disruptions of physical telephone service provided by outside firms such as SBC are not the responsibility of Ethx, nor will they be considered service outages subject to compensation. Compensation for circuit difficulties must be obtained directly from the carrier(s) involved. Ethx makes no warranty of any kind with respect to the performance of circuits provided by the telephone carriers involved in a particular customer connection.
Ethx connection services identified as single-user may not be resold in any form, nor may they be provisioned to any third party. This includes use by educational sites, schools, non-profit organizations with public terminals and BBS systems, regardless of whether or not a fee is charged for access to the Internet or the means by which access is provided to non-affiliated parties. For the purposes of this section, employees and contractors working for the organization that is a party to this agreement may access the Internet without violating this provision.
Except for information used by attorney’s and collection agencies to collect past due accounts, Ethx will not release usage logs to any third party except upon presentation of a valid court order from a government entity within our jurisdiction. Ethx’s judgment as to the validity of any court order or subpoena shall be considered proper and final. Ethx has the right to cooperate in any investigation which is requested by parties alleging that you have violated any law which is enforceable in either our or your jurisdiction, or any provision of this agreement. Ethx reserves the right to turn over any evidence of illegal activity that we discover in the course of any investigation when requested by an outside party. We may make copies of all materials for use by the authorities in their investigation if requested for the purpose of preservation of evidence.
All users agree to indemnify, hold harmless, and defend Ethx from any legal action, which results from their use of the Internet without limitation. Should Ethx be found liable in a court of law for any action related to the use of the Internet, our liability shall be limited to the unused balance of your payment period, pro-rated to reflect your current term.
The security of your account, including data you store, transmit and receive through it, is your responsibility. If you believe your account security has been compromised in any way you must notify Ethx immediately via telephone and a written request. You are responsible for any and all use of your account until you notify Ethx in the event of an intrusion.
ECPA Notice: Ethx reserves the right to monitor any and all communications through or with Ethx facilities. Ethx is not considered a “secure communications medium” for the purposes of the ECPA and that no expectation of privacy is afforded. Use of information obtained via Ethx is at your own risk.
Ethx reserves the right to make use of Real Time Blacklists (RBL’s), filtering, and other technologies in an effort to prevent Unsolicited Commercial E-mail (SPAM) from being delivered to or from the Ethx network.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Florida. (Except that body of law controlling conflicts of law)
PAYMENT & BILLING POLICIES
Accounts will not be cancelled except on billing boundaries, regardless of user request. Users who cancel their accounts at any other time above are not entitled to a refund of their unused time, or to y pro-rated refund of fees paid. All cancellations of accounts that are billed to a credit card must be made by email to email@example.com and received in Ethx’s offices at least fifteen calendar days prior to the service renewal date (expiration date of the account). Credit card billed accounts are billed fifteen to thirty days in advance in order to insure that we are able to notify you if there is a problem with the charge and to prevent service interruption. Once your account has been charged, no credit will be issued for unused time on automatically renewed accounts.
All accounts must be paid in full by due date in order for service to be continued. Service will be stopped until payment is made. If payment is later received, no adjustments to expiration dates or service dates will be made. Ethx reserves the right to charge a late fee of 1.5% or $10. If for any reason, Ethx allows the service to continue without prior payment, customer shall pay for and be libel for all collection and legal fees and costs incurred by Ethx in the collection of any amounts not paid.
All sales, use or other taxes, which are applicable to the provision of services under this agreement, are to be borne by the customer, regardless of who the taxes or levies are imposed upon. Ethx shall invoice any such taxes levied upon Ethx to the customer as soon as the amounts of said taxes are determined, and the customer shall pay these levies when invoiced.
ACCEPTABLE USE POLICY
Violations of these types will result in the immediate termination of the offending Ethx account. Serious violations of these policies may subject you to criminal or civil prosecution. The following constitute violations of this Acceptable Use Policy.
1) Illegal use. Use of the Ethx service to transmit any material (by e-mail, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under. This includes any material that is legally obscene, threatening, libelous or violates any provision of intellectual-property law.
2) Harm to minors. Use of the Ethx service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3) Threats. Use of the Ethx service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4) Harassment. Use of the Ethx service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5) Fraudulent activity. Use of Ethx service 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.”
6) Forgery or impersonation. 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. The use of anonymous remailers or nicknames does not constitute impersonation. All billing information must be correct and truthful, including (but not limited to) the user’s real name, phone number, postal address, etc.
7) Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Ethx service to transmit any unsolicited commercial or unsolicited bulk e-mail that is expressly prohibited by United States or Florida Law. There could be financial penalties associated with this activity too.
8) E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or new media
9) E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Ethx service is in violation of this AUP.
10) Spamming: Ethx has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11) Unauthorized access. Use of the Ethx service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ethx’s 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, is expressly prohibited and the offending Ethx account is subject to immediate termination.
12) Copyright or trademark infringement. Use of the Ethx service to transmit any material (by e-mail, 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.
13) Collection of personal data. Use of the Ethx service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14) Network disruptions and unfriendly activity. Use of the Ethx service for any activity which affects the ability of other people or systems to use Ethx 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, services or equipment is prohibited. It is the Member’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. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Ethx will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15) Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of e-mail, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Accordingly, Ethx maintains the right to terminate any member’s connection following any extended period of inactivity as determined by Ethx. Multiple logins under the same user ID are not allowed.
16) Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
17) Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted material such as movies or songs. Any violations as defined by or in the Digital Millennium Copyright Act. (DMCA).
18) Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited.
19) Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging.
20) Third Party Accountability: Subscribers will be held responsible and accountable for any activity by third parties, using their account(s), that violates these policies.