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RipNET Limited Acceptable Use Policy & Customer System Use Agreement
This Acceptable Use Policy constitutes an Agreement between RipNET Limited ("RipNET Limited") and it's account holders ("Customers") and System Users.
This Agreement applies to all RipNET Limited Customers and all users of the RipNET Limited network system, including dial-up account holders, ftp access account holders and all users accessing any World Wide Web server hosted on RipNET Limited network computers, servers and related systems ("System Users"). This Agreement represents the complete agreement and understanding between RipNET Limited and its Customers and System Users and supersedes any other written or oral agreement. Upon notice published on-line via RipNET Limited’s web site, (http://www.ripnet.com/pages/policy.htm) RipNET Limited may modify the terms and conditions of this Agreement. RipNET Limited reserves the right to discontinue or change services offered.
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE RipNET LIMITED NETWORK SYSTEM.IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS; YOU ARE NOT PERMITTED TO USE THE RipNET LIMITED NETWORK SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 1-888-509-6677 SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.
Terms and Conditions and Acceptable Use
1. Limitation of Warranty
RipNET Limited makes no warranties of any kind, whether express or implied, for the service it is providing. RipNET Limited also disclaims any warranty of merchantability or fitness for a particular purpose. RipNET Limited will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including RipNET Limited’s own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customers understand and agree that RipNET Limited undertakes no obligation to maintain, protect or safeguard Customer's data stored on any RipNET Limited equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to RipNET Limited equipment at Customer's own risk and Customer expressly assumes such risk.
2. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided by RipNET Limited will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any Province or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on RipNET Limited’s web servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.
3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that RipNET Limited shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of RipNET Limited, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.
4. Indemnity
Customers and System Users agree to defend, hold harmless and expeditiously indemnify RipNET Limited from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any RipNET Limited system, network or service.
5. Use of Network Access
RipNET Limited access and web server accounts cannot be transferred or used by anyone other than the RipNET Limited Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of RipNET Limited. Use of Network bandwidth is expected to be reasonable and moderate. RipNET Limited reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will receive advanced notice of RipNET Limited’s intent to impose any such charges.
6. Account Cancellation
RipNET Limited reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees for the current month will not be refunded or pro-rated.
7. Agreements with Minors
RipNET Limited requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of RipNET Limited services and for Customer's compliance with this Agreement.
8. Disruption of Network Services
Excessive Use Customers and System Users shall ensure that use of RipNET Limited’s network services shall not disrupt RipNET Limited, its associated networks or equipment forming part of RipNET Limited’s or the internet's systems. Customers and System Users shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any RipNET Limited user or to any directly or indirectly attached network. Use of RipNET Limited’s Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by RipNET Limited shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use RipNET Limited’s services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising, - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of RipNET Limited’s access service, equipment or network connection without prior arrangement with RipNET Limited.
RipNET Limited reserves the right to monitor and/or generate any packet traffic they may feel may be necessary.
RipNET Limited reserves the right to terminate any end user account without refund should they feel it be necessary.
Complaints regarding EMail, or USENET abuse, SPAM or Illegal Use or System or Network Security issues, should be sent to abuse@ripnet.com
9. Network Services
Electronic Mail
You may not use your RipNET EMail account to:
Transmit unsolicited commercial e-mail messages or engage in any bulk e-mailing activity which, in the sole judgment of the RipNET Limited, causes significant disruption or elicits complaints from other Internet users.
Transmit chain letters or pyramid schemes under any circumstances.
Harass other individuals or groups in any way.
Forge the headers of your e-mail messages in any way.
At the discretion of the RipNET Service, a service charge may be applied for each complaint received in regards to any of the above mailing conducted via your RipNET account.
If account is suspended to non-payment or billing issues the e-mail will remain active (can receive mail) but access will not be available by the customer until billing issues have been resolved.
Newsgroups
All posts to newsgroups must comply with the groups' FAQs or charters. When using newsgroups, you are prohibited from:
Posting advertisements or commercial messages of any kind, unless such messages are expressly permitted by the group's charter or FAQ.
Posting binary files (i.e. images, sounds, or programs) unless the posting of binaries is expressly permitted by the charter or FAQ.
Posting substantially identical messages to more than 10 newsgroups.
Harassing other individuals or groups in any way.
Forging the headers of your news postings in any way.
At the discretion of the RipNET Service, a service charge may be applied for each complaint received in regards to any of the above commercial newsgroup postings via your RipNET account.
IRC/Chat
All use of IRC or other Internet chat servers must be in full compliance with the rules and regulations set out by the administrators of the chat server or network. While using IRC or other Internet chat systems, you may not:
Post advertisements or commercial messages of any kind.
FTP
While using FTP and other file transfer protocols you may not transmit
Pirated commercial software.
Any program or information designed to assist users in defeating the copy-protection, registration or other anti-theft mechanisms associated with commercial or shareware software programs.
Any program or information designed to assist in the fraudulent use of telecommunications services.
You are solely responsible for the security of your system. While connected to the RipNET service, you are prohibited from any act, committed intentionally or through negligence, which may compromise the security of your host in any way. 10. Automated Software and Connections
The installation, compiling, use, or implementation of any of the following are prohibited without express permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any RipNET Limited server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. All RipNET Limited access accounts are for the use of human beings and require that a human being be present to initiate and monitor connections. RipNET Limited has a 15 minute inactivity timeout. The use of any program to defeat this timeout is strictly prohibited. Any violation may result in immediate termination of service.
11. Refunds
RipNET is a non-refundable prepaid service, including lifetime accounts, except in the following cases:
1. In the event of death of the subscription holder, not including Lifetime accounts.
RipNET Limited reserves the right to review these exceptions to the policy on an individual basis.
12. Personal Web space
RipNET Limited provides each internet client with a FREE personal web space. This web space is allocated 5Mb of disk space.
Personal web space will not be used for any solicitation or sales of any goods or services under ANY CIRCUMSTANCES. If there are any solicitations or sale of goods or services on a personal web space the FULL business website charge will be applied to the clients account.
13. Hosting of servers/websites/etc prohibited on residential accounts.
Hosting of Websites, servers and similar types of services is prohibited on the residential service plans and ports to these services will be blocked on the RipNET residential network.
Businesses can host their own servers on their networks. Any static IP's will be at an extra charge.
14. Suspended plans
RipNET Limited will not he held liable for the successful delivery of email if the customers account is on hold for any reason.
15. Surge Protection
Your computer, your modem, your DSL line, your Ethernet and/or your connection to your wireless equipment must go through a surge protector. Damage caused by lightning is not covered by the modem or computer manufacturer warranties or by RipNET. Equipment purchased or rented from RipNET that is damaged by powers surges or lightning will be subject to a replacement or repair charge.
16. Return Policy
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