ELPASOTEL Online Service Agreement
May 4, 2005
The following terms and conditions apply to the use of, and access to, all services provided by ELPASOTEL Online:
1. The following definitions apply to this ELPASOTEL Online Service Agreement ("Agreement"):
a. ELPASOTEL Online means The El Paso County Telephone Company, a Colorado corporation.
b. Service means Internet access service provided by ELPASOTEL Online, including software, hardware, facilities, and the ELPASOTEL website, www.elpasotel.com.
c. Member means any person or entity that purchases Service from ELPASOTEL Online.
d. User means any person or entity using the Service provided by ELPASOTEL Online.
e. Principal Account means a primary Service account provided by ELPASOTEL to a Member for which the Member is billed.
f. Associated Account means any additional Service account provided to a Member who has already purchased a Principal Account and for which billing is included with the Principal Account.
2. All provisions of this Agreement apply to the Member's Principal Account and all Associate Accounts billed to the Principal Account.
3. The benefits of or rights conferred by this Agreement are non-transferable. Use of ELPASOTEL Online accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
4. Member/User may not resell the Service provided by ELPASOTEL Online without the express written consent of ELPASOTEL Online.
5. Member/User may not resell the bandwidth provided by El Paso County Telephone Company without the express written consent of El Paso County Telephone Company.
6. User agrees to use the Service in a manner consistent with any and all applicable laws.
7. User agrees to follow the Acceptable Use Policy of any network that User connects to, including ELPASOTEL Online’s system.
8. If User is less than 18 years of age, the Service must be ordered by an adult, who is responsible for all charges related to the use of the account(s).
9. Use of the ELPASOTEL Online trade name for advertising or promotion of a commercial product or service without the express, written consent of ELPASOTEL Online is expressly prohibited. This includes and is not limited to the designed personal home pages site, ftp site, email or another service provided by ELPASOTEL Online.
10. Member is responsible for all use of Member's account(s) and confidentiality of password(s). ELPASOTEL Online will suspend access or change password(s) for access to Member's account(s) upon notification by Member that a password has been lost, stolen or otherwise compromised.
11. Member is responsible for all local or long-distance telephone charges for connecting to ELPASOTEL Online.
12. Member agrees to pay ELPASOTEL Online all charges relating to the use of the Member's account(s) according to rates and prices published online, at www.elpasotel.com, at the time the Service is used. Online rates and prices are incorporated into this Agreement by reference. ELPASOTEL Online reserves the right to change prices on thirty (30) days notice as published online at www.elpasotel.com.
13. Access is subject to credit limits established by the issuer of Member's credit card and/or by ELPASOTEL Online. A credit limit is applied to all accounts. Member's access to the Service may be suspended if Member’s balance exceeds the applicable credit limit unless prior arrangements have been made.
14. Member is responsible for charges at the time the Service is used and ELPASOTEL Online may apply the amount due to Member's credit card at any time.
15. ELPASOTEL Online reserves the right to suspend access to the Service for Member's account(s) upon an indication of credit problems, including delinquent payments or rejection of any credit card charges.
16. ELPASOTEL Online reserves the right to change without notice the Service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
17. ELPASOTEL Online is not responsible for User's personal files residing on ELPASOTEL Online. User is responsible for independent backup of data stored on ELPASOTEL Online.
18. ELPASOTEL Online reserves the right to delete User's personal files after User’s Service is terminated.
19. ELPASOTEL Online reserves the right, in its sole discretion, to delete any information entered into ELPASOTEL Online by User. ELPASOTEL Online and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
20. USER AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION THROUGH THE SERVICE DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANY OBSCENE OR LIBELOUS MATERIAL.
21. ELPASOTEL Online, in its sole business judgment, may terminate Member’s Service immediately or suspend account access upon any breach of this Agreement by a User of such account(s), including, but not limited to, refusal or failure to pay for services provided or by sole judgment of ELPASOTEL Online that a User may be performing activities harmful to ELPASOTEL Online or its Users, employees, vendors, business relationships, or any other users of the Internet.
22. Due to the public nature of the Internet, all email is considered publicly accessible and important information should be treated carefully. ELPASOTEL Online is not liable for protection or privacy of electronic mail and information transferred through the Internet.
23. ELPASOTEL Online reserves the right to terminate access to Service for any Member account which has been inactive for 6 months.
24. Use of distribution lists in electronic mail or other mass electronic mailings is subject to approval by ELPASOTEL Online. ELPASOTEL Online has stated an enforced policy of Zero Tolerance for using the email system to distribute advertisements, solicitations or any other form of marketing/sales commonly referred to as spamming. The use of lists, blind copies, or relaying to addresses via email shall not be considered acceptable use of ELPASOTEL Online Services. ELPASOTEL Online shall reserve the right to distribute to existing Members information, facts, modifications, changes, improvements, problems and any other information deemed necessary by ELPASOTEL Online via email. Violation of this policy can result in termination of the Services of the account(s) involved.
25. Web pages included in accounts are specifically designated by type and may be monitored by ELPASOTEL Online for compliance. ELPASOTEL Online reserves the right to assess appropriate account type fees in the event a User publishes pages contrary to the stated account web page type (e.g., personal pages used in a commercial manner).
26. ELPASOTEL Online provides unlimited access accounts for use by only one User at any given time. Any violations of this provision may be detailed by date and time of each violation and the User will be responsible for payment of the cost of additional unlimited access accounts to cover the additional simultaneous logins for each month in which a violation occurs.
27. DSL/Wireless/Broadband/ISDN services are provided to the User under the following terms and conditions related to said services: a.) Stated access speeds are not and cannot be guaranteed. b.) All security needs, provisions and safeguards are User’s full responsibility. c.) Resale of access services is strictly prohibited unless there is written authorization duly executed between the User and provider.
28. User agrees to indemnify, hold harmless, and defend ELPASOTEL Online and its affiliates, owners, directors, employees, agents, and successors against any claim, demand, action, damages, penalties, expenses, attorneys’ fees or other liability arising from or relating to a breach of this Agreement or to User’s products, services, acts, or omissions.
29. LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICE. IN NO EVENT SHALL ELPASOTEL ONLINE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING LOSS OF PROFITS, REVENUE, INCOME OR GOODWILL), WHETHER IN CONTRACT, TORT OR OTHERWISE. NEITHER ELPASOTEL ONLINE NOR ITS INFORMATION PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES ARISING FROM USER'S INABILITY TO USE THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
30. LIMITATION ON CLAIMS BY USER. No action, regardless of form, may be commenced by User against ELPASOTEL Online more than one year after the action arises.
31. ARBITRATION. Any claim, controversy or dispute arising out of or related to the Service (other than an action pertaining solely to whether or not amounts due for the Service were, in fact, paid and received) shall be resolved by binding arbitration through the American Arbitration Association and in accordance with the Federal Arbitration Act, U.S.C. 1-16, not state law. Each party is responsible for its own costs and attorneys’ fees. If any party files a judicial or administrative action asserting claims subject to arbitration and another party successfully stays such action or compels arbitration, the party filing such action shall pay the other party’s costs and expenses incurred in seeking stay or compelling arbitration, including reasonable attorneys’ fees.
32. Non-enforcement of any section of this Agreement does not constitute consent and ELPASOTEL Online reserves the right to enforce this Agreement at its sole discretion.
33. This Agreement shall be governed by the laws of the State of Colorado.
34. If any part of this Agreement is found to be unenforceable or invalid, such decision will not affect the enforceability and validity of the remaining portions of this Agreement, which shall remain in full force and effect.
35. ELPASOTEL Online may modify this Agreement upon notice published online at www.elpasotel.com. User's use of the Service after such notice shall constitute User's acceptance of the modifications to this Agreement.
ELPASOTEL Online Acceptable Use Policy
1. INTRODUCTION
ELPASOTEL Online's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of ELPASOTEL Online's Internet services (the "Services"), those who access some of our Services but do not purchase accounts ("Users"), as well as those who pay a monthly service fee to subscribe to the Services ("Members"), must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ELPASOTEL Online may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your ELPASOTEL Online account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
2. VIOLATIONS OF ELPASOTEL Online’s ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law or regulation or any provisions of this AUP.
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services 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."
f. 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 re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited.
h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ELPASOTEL Online’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.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, 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.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the services. Reselling the Services without ELPASOTEL Online's authorization.
l. Network disruptions and unfriendly activity. Using the Services for any activity that adversely affects the ability of other people or systems to use ELPASOTEL Online 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, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member 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.
m. News. ELPASOTEL Online Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.
n. ELPASOTEL Online considers "multiposting" to 10 or more groups within a two week sliding window to be excessive. ELPASOTEL Online servers currently limit the number of allowable "cross-posts" to 9.
o. ELPASOTEL Online Members may not cancel messages other than their own messages. A Member may cancel posts forged in that Member's name. We may cancel any postings which violate this AUP.
p. Long Connections and Multiple Logins. Using a personal dial-up Internet account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, 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. Pinging is expressly prohibited. Accordingly, ELPASOTEL Online maintains the right to terminate any member's connection following any extended period of inactivity as determined by ELPASOTEL Online.
3. REPORTING VIOLATIONS OF ELPASOTEL Online’s AUP
ELPASOTEL Online requests that anyone who believes that there is a violation of this AUP direct the information to Abuse Department, at: abuse@elpasotel.com.
If available, please provide the following information:
a. The IP address used to commit the alleged violation
b. The date and time of the alleged violation, including the time zone or offset from GMT
c. Evidence of the alleged violation
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
ELPASOTEL Online may take any one or more of the following actions:
*issue warnings: written or verbal
*suspend the Member's newsgroup posting privileges
*suspend the Member's account
*terminate the Member's account
*bill the Member for administrative costs and/or reactivation charges
*bring legal action to enjoin violations and/or to collect damages.
4. REVISIONS TO THIS ACCEPTABLE USE POLICY
ELPASOTEL Online reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service.
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