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Acceptable Use Policy
This Acceptable Use Agreement (hereinafter "Agreement") is made and entered into between the River City Online, Inc., a North Carolina Corporation (hereinafter "River City") and the River City Subscriber (hereinafter "Subscriber"). By signing this Agreement, Subscriber agrees to all provisions set forth below as River City's Acceptable Use Policy (hereinafter "AUP").
General - River City offers Internet access and related services, including the hosting of Web Sites through its system to its subscribers. This Agreement sets forth the basic rules, which apply to River City's services and use of its system. River City may change this Agreement and its AUP in the future upon notice published on-line, via electronic mail or U.S. Postal Service. If this Agreement, AUP, River City's services, system or pricing become unacceptable to the Subscriber, the subscriber's only right shall be to terminate its account in accordance with Paragraph 8 below.
Lawful Use - River City's system and services may only be used for lawful purposes and in a manner, which River City believes, in its sole discretion, to be consistent with the rights of other River City subscribers and third parties. While River City is not responsible for content beyond its servers, content on River City servers must comply with all laws and not infringe on the rights of any third party. River City's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, River City's services and system:
a) Shall not be used in a manner, which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity.
b) Shall not be used for the purpose of transmitting or storing of material, which is obscene, libelous, defamatory, threatening or otherwise offensive.
c) Shall not be used for the purpose of originating of communications where the message or its transmission or distribution would constitute or would encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law.
Changes In Service - The services provided by River City and River City's system are expected to change from time to time. River City reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Payment Terms - The subscriber must pay fees per River City's rate schedule as a condition to obtaining access to River City's services and system.
a) Subscriber agrees to pay any and all sales, use or like taxes.
b) Subscriber agrees to pay setup fee and first month fee in advance associated with the requested services described in the Schedule of Fees before account activation occurs.
c) Rate changes will be effective 10 days from posting on the River City site or 10 days from the date of said change being distributed via electronic mail.
d) Accounts that have an outstanding balance 5 days after the billing date are considered delinquent. River City reserves the right to terminate/suspend said account without notice to Subscriber.
e) Subscriber agrees to be responsible for any and all re-connection fees imposed by River City for the process of account reactivation.
f) Accounts with an outstanding balance due to payment denial by Credit Card Company or bank or for the reason of non-sufficient funds will be charged a $25.00 service charge. Account will not be reactivated until all arrears and said service charge plus re-connection fees are paid in full.
g) Pro-rating of monthly charges is not allowed.
Access - Subscriber agrees to the following:
a) That the interpretation of unlimited usage does not guarantee that you will always be able to access River City or any other service through River City. Rather, "unlimited access" means that your account invoice shall be based upon a flat fee regardless of actual access, and shall not be based upon actual connect time and/or access.
b) Subscriber agrees to not to use any automatic or other methods to avoid inactivity disconnect and to keep the connection active only when the member is actively using it.
c) That River City will not be held responsible for Subscribers inability to access River City services or any other services through River City due to:
i) Equipment or software failures on the Subscribers premises
ii) Equipment or software failures on the River City premises
iii) Equipment or software failures through SprintNet
iv) Acts of God, including but not limited to:
Fire, flood, lightening, windstorm, hail, hurricanes, tornadoes and other weather related incidents. Acts of civil riot or commotion, acts of war and acts of terrorism, vandalism or malicious mischief. That no refund of fees will be issued for the above situations.
Non-Transferability - Subscribers account and right to use River City's services and system is non-transferable without the express written permission of River City. Subscriber agrees to protect its password and account information and keep them secure from unauthorized users and use.
Customer Restrictions and Responsibilities - Subscriber agrees to the following:
a) Compliance with all proprietary and restrictive notices that may appear in River City or information and files accessed through River City.
b) Responsibility for maintaining the security of the password and account information issued to the Subscriber.
c) To make efficient use of River City and any service or system accessed through River City.
d) Not to use Personal accounts for commercial purposes. Including distribution of services, electronic transmission or advertisement of services or goods. Commercial or bulk e-mail.
e) Those accounts found in violation of paragraph 7, section d will be charged commercial rates from the time of account activation.
f) To not send unsolicited, bulk, threatening or harassing e-mail.
g) To not impersonate or attempt to impersonate any person by use of forged headers or to the identifying information. The use of anonymous remailers and nicknames does not constitute impersonation.
h) To not engage in activities which adversely affect the ability of other people or systems to use River City services or the Internet. To not attempt to gain access to any computer system or customer data on the River City system.
j) That subscriber's account will be terminated immediately without compensation for activity that causes River City's servers to be banned from any other service.
k) To cease immediately upon request any activity that has been determined to cause over-utilization of River City resources or bandwidth.
l) That they are responsible for checking e-mail submissions from River City and acting upon them immediately as well as monitoring the River City site for any system notices posted there.
m) That failure to comply with any or all articles can constitute immediate account termination without compensation.
Termination and Suspension - Either Subscriber or River City may, at its sole discretion, terminate the subscriber's account at any time with or without reason.
a) The authorized user listed on said account must make account termination requests.
b) River City also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. Termination and/or suspension do not release liability for charges due.
c) River City may delete all data, files or other information that is stored in subscriber's account of hosted Web Site or e-mail account upon termination.
d) That Subscriber will be responsible for any and all fees due at time of termination.
e) Provisions set forth in Paragraph 10, No Warranty; Limitation of Liability will survive termination.
Confidentiality - River City treats all Subscriber information as private. Subscribers are reminded that no computer system should be considered safe from intrusion. E-mail and other data may pass through many computer systems and should not be considered a secure means of communication unless encrypted. Even the, information is only as secure as the encryption method. River City cannot guarantee that its system or stored data of a subscriber will be free from unauthorized use or intrusion or otherwise guarantee the privacy of any user.
River City reserves the right to:
a) Have River City employees examine system accounting logs and other records to resolve security and system problems.
b) Access the Subscribers mailbox to resolve system problems or mail system errors.
c) Provide Subscriber information to legal authorities when investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
d) Act in accordance with the Electronic Communications Privacy Act of 1986 (ECPA)
Limitation of Liability - Use of River City's services and system and the Internet in general are at Subscribers sole risk. River City does not warrant that its services and system will be uninterrupted, error free, free from unauthorized intrusion, or that River City's service or system will meet any particular criteria of performance or quality: nor does River City make any warranty as to the results or information obtained from use of its service or system or the Internet in general. River City's services and system are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall River City be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits. Without limiting the foregoing, River City will not be liable for damages resulting form the use or inability to use all or any part of River City's system or services, reliance by any person on information obtained through River City's services or system or the Internet, deletion or loss of files or e-mal, virus' any delay or failure of performance, or unauthorized access to records or files. The maximum liability of River City to any subscriber or user for any and all loss, claim, damage or liability of any kind, included due to River City's negligence, shall be limited to the amount paid by the Subscriber or user to River City during the one-month period preceding the claim. The Subscriber agrees to indemnify and hold harmless River City, its directors, officers, shareholders, agents, employees and other subscribers from any and all claims, liabilities, damages or expenses including attorney fees, arising out of or resulting from any and all use of subscribers account or the subscribers Web Site whether or not authorized.
Questions, Comments, or Complaints - If you are unsure whether any contemplated use or action is permitted, please send questions or comments to RCTO at: info@rivercto.net
Any complaints regarding prohibited use or other abuse of the RCTO Network, including violations of this Acceptable Use Policy, should be sent to RCTO at: abuse@rivercto.net. |
