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1.
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General
Terms and Policies. poncacity.net is a private company
providing a commercial gateway to the Internet.
poncacity.net's equipment and facilities may be used to
send electronic mail, conduct commercial transactions,
access bulletin boards, newsgroups and private networks,
engage in on-line chat sessions, transfer files, and
otherwise enjoy all legal aspects of the Internet, subject
to these Terms and Policies (referred to in this document
as "the Service.")
This service is provided to authorized persons or
organizations (referred to in this document
as "Subscriber" or "you"). Any use of the service is
subject to any restrictions listed below. By using the
Service, you agree to be bound by all of theses Terms and
Policies. If you do not agree to be bound by these Terms
and Policies, you must cancel your account immediately and
may not thereafter use or attempt to use the Service.
poncacity.net grants you a non-exclusive right to access,
use and display the Service on any computers or other
electronic display devices of which you are a primary
user. You may not assign, sub-license or transfer any
rights or obligations of the Service without the express
written consent of poncacity.net. |
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2.
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Coverage.
If you are an individual Subscriber, these Terms and
Policies apply to all persons who gain access through your
account. If you are a commercial Subscriber, these Terms
and Policies apply to all your employees, agents and/or
customers. In either instance, a violation of these Terms
and Policies by anyone using your account will be imputed
to you. |
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3.
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Prices
and Charges. poncacity.net charges are as
follows:
Basic: Unlimited normal usage per month $19.95
Includes one e-mail address and 10 Megs of web space
E-mail only: Extra e-mail accounts each on a basic
account, per month $2.00
Permanent dial-up connection per month $120.00
Unlimited normal usage
means that connection is allowed whenever you are actively
using the internet on a continuous basis for browsing,
chatting, downloading, sending or receiving e-mail or
similar activities. It does not mean unlimited connection
time. A permanent connections allows you to be connected
24 hours a day on a dial-up connection These accounts
provide for one and only one concurrent dial-up
connection. Frame Relay and other high speed connections
are priced separately.
Unsolicited Bulk E-mail ("spam") cleanup when sent from
your account:
$75.00 + $ .10 per message sent + $20.00 per complaint
received by poncacity.net.
--OR--
$40.00 per hour spent by poncacity.net personnel
Charges are due within 10 days of the date on
poncacity.net's invoice. Any checks returned by the
issuing institution may be charged a processing fee of
$15.00.
If you fail to pay for your account for 20 days after the
date of the invoice, poncacity.net may without further
notice terminate your account. Termination does not remove
your responsibility to pay all fees incurred up to the
date that poncacity.net terminates your account. If
poncacity.net incurs any fees or costs in collecting any
past-due amounts, including costs of legal counsel or
a collection bureau, those fees and costs will be added to
the amount you owe. |
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4.
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Term.
The Service is provided to you on a month-to-month basis.
poncacity.net must receive written notice of termination
(which may be by first-class mail or by e-mail) from you.
Charges will be prorated through the date of the notice of
termination. |
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5.
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Grounds
for Suspension and Termination. You agree to comply
with these Terms and Policies, as well as the applicable
rules, regulations and policies of any network, bulletin
board, newsgroup, web site or Internet Service Provider
accessed through the Service. Any violation of either
these Terms and Policies or the other rules, regulations
or policies noted above may serve as cause for
poncacity.net to suspend or terminate your account. You
agree that poncacity.net has the right, with or without
notice, to suspend or terminate your account upon the
first or subsequent occurrence of any of the following:
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a.
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Using the
Service in a way which constitutes violation of any
applicable statute, law, court order, tariff, regulation,
or treaty (including, but not limited to, intellectual
property, communications, privacy, criminal and
international law); |
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b.
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Using the
Service in a manner intended to abuse or violate the
privacy or property rights of others, including but not
limited to sending of unsolicited bulk e-mail
("spamming"); the suspension or termination which will
result from spamming is entirely separate from and in
addition to the fees which will be placed on your account
due to such activity; |
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c.
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Using the
Service in an attempt to break security, or so as to
actually break security of any computer network (including
the Service itself), or to access an account of which you
are not the owner or a communication on which you are not
the sender or intended recipient; |
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d.
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Using the
Service in such a way as to forge headers/addresses in
electronic mail or USENET postings, or using any other
method to disguise the sender's identity;
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e.
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Excessively
using the Service in such a way as to limit the bandwidth
or access available to others, including, but not limited
to, download traffic of one hundred (100) megabytes or
more per day for the Subscriber's web page or site,
sending e mail traffic in excess of one hundred (100)
megabytes per day, or using ping, e-mail check, excessive
IRC logging, or any automated program with the sole intent
of creating a continuous connection; |
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f.
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Posting
commercial messages to a USENET group where the posting is
not approved by the specific USENET group in its charter,
or mass postings to large numbers of USENET groups;
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g.
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Using the
Service to operate server programs, including but not
limited to mail servers, IRC serves, ftp servers or web
servers. |
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h.
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Using the
Service to promote or solicit competing Internet services;
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i.
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Using the
Service for unauthorized relays through any third party
systems; |
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j.
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Attempting,
in any way, to interfere with or deny service to any user
or any host on the Internet; |
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k.
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Using the
Service for mail-bombing, which is defined as the sending
of mass amounts of e-mail to one recipient, with the
intent to render that recipient's account and/or the
electronic system serving that account dysfunctional;
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l.
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Using the
Service to engage in any form of Denial of Service
attacks, which are defined as overburdening a recipient
computer system by sending a high volume of spurious data
which effective impedes or totally disables functionality
of the recipient system(s) or their connectivity,
including but not limited to syn flood attacks and
smurfing, |
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m.
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Using the
Service to add or attempt to add addresses to any mailing
list without the explicit positive consent of the
addressee(s); |
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n.
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Using the
Service to forward or post "chain letters" (multiple
forwarding) of any type; |
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o.
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Attempting
to cancel, supersede, or otherwise interfere with e-mail
or USENET posts other than your own; |
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p.
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Engaging in
harassment, whether through language, frequency, or size
of messages; |
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q.
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Furnishing
false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or
other payment information. |
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r.
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Allowing
multiple concurrent dial-up connections using your account
name and password. |
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6.
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Security.
You agree not to access or attempt to access private areas
of the Service. You agree to notify poncacity.net as soon
as you become aware of an unauthorized use of your account
and/or any breach or attempted breach of security on the
Service. |
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7.
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Intellectual Property. poncacity.net does not
undertake to examine or review messages, files, or other
materials which are accessible through, pass through, or
reside on the Service. If poncacity.net is informed of an
alleged copyright or trademark infringement on the
Service, poncacity.net will attempt to notify the affected
Subscriber(s) of those allegations and secure a response.
poncacity.net may, at its sole discretion, remove on a
temporary or permanent basis materials which poncacity.net
believes may create, constitute, or contribute to
copyright or trademark infringements. You agree not to
assert any claims against poncacity.net for any such
removal. |
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8.
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Liability. You agree that use of the Service is at
your own risk. Except for information, products, or
services clearly identified as being supplied by
poncacity.net, neither poncacity.net nor any of its
affiliates controls, provides, operates, or is in any way
responsible for any information, products, or services
accessible through the
Service. poncacity.net neither endorses nor is responsible
for the accuracy of such material, and you agree that
poncacity.net is not responsible for any loss or damage
caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility
for your posting of any material to any site or newsgroup
on the Internet, including but not limited to postings to
web sites, whether residing on poncacity.net's equipment
or not, postings to newsgroups, and participation in any
on-line chat sessions. You agree to indemnify and hold
harmless poncacity.net and its officers, directors,
employees, and other customers and subscribers from and
against any claims, losses, costs, liability, damages or
expenses arising out of your postings.
You agree to be liable for any damages or loss of service
which results in damages to poncacity.net as a result of
any spamming or other violations of Section 5 above. These
damages include, but are not limited to, system shut
downs, retaliatory attacks or data flooding, and loss of
peering arrangements. You agree that poncacity.net may
pursue any such claims against you in District Court in
Kay County, Oklahoma.
You
understand and agree that you have sole responsibility
to guard yourself against computer viruses while on the
Internet, including but not limited to sending and
receiving emails, whether residing on poncacity.net's
equipment or not. Reasonable steps have been taken to
protect our mail servers by anti-virus software but
cannot guarantee detection and removal of known and
unknown viruses. All customers are advised to take all
necessary steps to ensure that no virus contamination
occurs.
The
poncacity.net/Postini virus protection assistant is
constantly kept up to date through worldwide virus
tracking centers. As malicious viruses break out and
mutate, updates to the virus recognition software with
the latest virus definitions are made, allowing us to
identify them and render them harmless. Although this
service will protect you from virtually all incoming
email-borne viruses, it is important to know that this
service, and others like it, cannot guarantee that your
system will never be infected. The best anti-virus
solution is a layered approach that protects SMTP, HTTP,
and desktop resources.
The
system is not guaranteed and poncacity.net accepts no
liability for any damage or consequential loss suffered
as the result of a virus.
It is
recommended by poncacity.net that you have antivirus
software installed on your computer for the purpose of
detection, scanning and removal of known/unknown system
viruses either pre-existing on your PC hard drive or
ported to your hard drive from a email or non-email
source.
You
agree to indemnify and hold harmless poncacity.net and
its officers, directors, employees, customers and
subscribers from and against any claims, losses, costs,
liability, damages or expenses arising out of your use
of the poncacity.net services. |
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9.
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Warranty.
poncacity.net MAKES NO EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE,
NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY
SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE.
NO ORAL ADVICE OR
INFORMATION GIVEN BY poncacity.net OR ITS EMPLOYEES SHALL
CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY
poncacity.net ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS; poncacity.net DOES NOT WARRANT THAT THEY WILL BE
ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE
CORRECTED. poncacity.net DOES NOT GUARANTEE THE SECURITY
OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
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10.
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Content.
You understand and agree that information and access
available through the Service may include controversial,
sexually explicit, or other material that may be offensive
to you or users for whom you are responsible.
poncacity.net has no responsibility for or control over
such materials, and you take sole responsibility for using
any available screening software or other methods of
limiting access (specifically including the access of
minors) to any material you may find objectionable.
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11.
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Dial-up
Connection. poncacity.net may terminate a dial-up
Subscriber's connection following 20 minutes of inactivity
as determined by poncacity.net. |
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12.
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Privacy.
poncacity.net commits to follow the controlling Federal
and state laws respecting Subscriber privacy and data
access. poncacity.net will not provide names, addresses,
telephone numbers, e-mail addresses, or other personally
identifiable information on any Subscriber to any third
party without prior permission from that Subscriber, or
under an appropriate court or
administrative directive. poncacity.net may access and use
individual Subscriber information in the operation of the
Service and as necessary to protect the Service.
poncacity.net may provide aggregate data on Subscribers to
third parties. |
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13.
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Email.
poncacity.net reserves the right to move, delete, or
reduce the Customer's mailbox if said mailbox has reached
a size that is adversely affecting system performance.
Further, Customer acknowledges that poncacity.net has the
right to kill any mail processes being run by the Customer
that are adversely affecting system performance. In these
and all instances of system performance being affected,
poncacity.net is the sole judge of what is adverse.
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14.
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10 Megs
of "PERSONAL" web space
The customer is restricted to 10mb of
personal web space. It
is the customers responsibility to ensure that his/her disk usage does
not go over this limit. |
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15. |
The term PERSONAL means for
your personal use ONLY, no business related sites will be
allowed. |
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16. |
The customer must not disclose his/her password to
any third party. |
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17. |
The customer is not permitted to use any
server-side cgi or other program other than those placed by
poncacity.net
into the main cgi-bin directory. |
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18. |
The customer is responsible for keeping backups of
all his/her own data. poncacity.net will not be responsible for loss of
customer's data for any reason. Although every effort will be made to
protect our users data. |
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19. |
The customer is responsible for ensuring that the
data offered in their web space does not break any US law or any local
law in the home state of the customer. |
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20. |
poncacity.net reserves the right to remove a site under
any of the following circumstances:
- The material is suspected to be illegal.
- The customer closes their account or the customer's account is
suspended
- The presence of the site adversely affects in any way the
ability of poncacity.net to provide its services to other customers.
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21. |
The customer must not resell
or give away his/her free web
space. |
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22. |
The customer may not charge for access to his/her
free web space, or use it for commercial advertising of a third
party's products or services. |
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23. |
The customer must not promote his/her web space in
such a way that he/she would breach this policy, whether through
poncacity.net or an alternative Internet Service Provider. |
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24. |
Changes.
These terms of service and acceptable use policies may be
changed at any time and for any reason by poncacity.net.
Revised terms and policies will be posted at:
http://www.poncacity.net/policies/tos.htm.
Revised terms and policies are binding on you as soon as
they are posted. If you do not wish to continue
subscribing to the Service under any revised terms and
policies, inform
webmaster@poncacity.net at once, and your
account will be closed. |
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Last Updated On: March 24, 2004 |
