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EULA (End-User License Agreement)
All accounts are bound to these terms and conditions
Internet Acceptable Usage Policy
I. General Overview It is Clear Connect Communications Corp's (“Clear Connect”) policy to offer Non-Stop, no-nonsense access to the Internet. This agreement defines the terms and conditions of Internet service for all types of accounts and services, both personal and business, that are offered by Clear Connect (“Agreement”). Clear Connect has specific guidelines and regulations that must be enforced for the benefit of both Clear Connect Accountholders as well as all other users worldwide. Hence, Clear Connect Corp. requires all Accountholders to adhere to the guidelines set forth herein. II. Accountholder Consent To Guidelines Please read the following terms and conditions carefully before opening or continuing an account with Clear Connect. These guidelines, terms and conditions represent the complete agreement and understanding between Clear Connect and you (the “Accountholder”), the Clear Connect Dial-Up Accountholder. These terms and conditions also supersede any other written or oral agreement pertaining to your Clear Connect account, with the exception of applicable software license agreements. By using Clear Connect services or Clear Connect software, you agree to comply with these acceptable Usage Guidelines just as if you had signed it. Moreover, you agree that Clear Connect may terminate your account with or without notice if you fail to comply with the following guidelines, terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES, TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY END YOUR USE OF CLEAR CONNECT SERVICES AND CLEAR CONNECT COMMUNICATIONS CORP. SOFTWARE AND NOTIFY THE CLEAR CONNECT CUSTOMER SERVICES DEPARTMENT SO THAT CLEAR CONNECT COMMUNICATIONS CORP. MAY INITIATE A CLOSURE OF YOUR ACCOUNT. Upon notices published on-line via Clear Connect services, Clear Connect may modify the Acceptable Usage Policy as well as change or discontinue the services offered. Your continued use of Clear Connect services following such changes will be deemed acceptance of the modification. A. USE OF SERVICES 1. The Accountholder agrees to use Clear Connect services for lawful purposes, in compliance with all applicable laws. Clear Connect services are defined as the use of computing, telecommunications, software and information services provided by Clear Connect. These services also include the means of access to computing, telecommunications, software and information services provided via the global Internet. The types of accounts available through Clear Connect include but may not be limited to SLIP/PPP accounts, UNIX Shell accounts and ISDN Connection accounts. 2. Clear Connect dial-up accounts are provided for use in conformance with these Guidelines, Terms and Conditions. Clear Connect reserves the right to investigate suspected violations of the Guidelines. When Clear Connect becomes aware of possible violations, Clear Connect may initiate investigations that may include gathering information from the Accountholder or Accountholders involved and the complaining party, if any, and examination of material on Clear Connect’s servers. 3. During an investigation, Clear Connect may suspend the account or accounts involved and/or remove the material involved from its servers. If Clear Connect believes a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from Clear Connect’s servers, the cancellation of news group posts, warnings to the Accountholder or Accountholders responsible, and the suspension or termination of the account or accounts responsible. Clear Connect reserves the right to terminate an Accountholder’s account with or without notice. Clear Connect, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the Accountholder to criminal or civil liability. 4. To comply with applicable statutes and lawful government requests, Clear Connect reserves the right to access and disclose any information. This may include disclosing the usernames of accountholders and other pertinent information. Clear Connect will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity that it becomes aware of. B. USE OF MATERIALS 1. Materials in the public domain (e.g. images, text and programs) may be downloaded or uploaded using Clear Connect services. Accountholders may also re-distribute materials in the public domain. The Accountholder assumes all risks regarding the determination of whether material is in the public domain. 2. The Accountholder is prohibited from storing, distributing or transmitting any unlawful material through Clear Connect services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Accountholder is also prohibited from storing, distributing or transmitting any information that may be determined to be of a harassing nature. Further, the Accountholder may not post, upload or otherwise distribute copyrighted material on Clear Connect’s servers without the consent of the copy right holder. The storage, distribution, or transmission of unlawful materials could subject the Accountholder to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above. 3. The Accountholder may not store or distribute certain other types of material on Clear Connect’s servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites. C. PASSWORDS 1. Clear Connect Communications Corp. personal dial-up accounts are for individual use only. Accountholders may not share passwords or accounts with other individuals. Accountholders are also responsible for maintaining the security of their accounts and passwords. 2. Clear Connect shall provide passwords to Accountholders. In the event that the security of an Accountholder is compromised, Clear Connect shall provide the Accountholder with a new password. 3. Clear Connect staff may monitor the security of Accountholders’ passwords at any time. An Accountholder with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by Clear Connect; continued failure to maintain password security shall be immediate grounds for account termination. D. System Security 1. The Accountholder is prohibited from utilizing Clear Connect services to compromise the security or tamper with Clear Connect’s system of resources or accounts on any of Clear Connect’s computers, routers, terminal servers, modems, or any other equipment at Clear Connect or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools or network probing tools. Any attempt to access any of Clear Connect’s corporate assets is strictly prohibited. 2. Clear Connect reserves the right to release the user names of Accountholders involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. E. System Resources 1. Clear Connect will allocate system resources to provide all Accountholders with the best service possible. As part of resource allocation, Clear Connect may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions. 2. Additionally, Clear Connect may institute services and fees for Accountholders who are interested in accessing system resources above and beyond acceptable usage. 3. Clear Connect may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above. 4. System abuse is defined as any use of Clear Connect resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory or disk space bandwidth or otherwise affecting the performance of Clear Connect servers or networks. 5. Accountholders may not run programs which provide network services from their accounts. Example of prohibited programs include, but are not limited to, Mail, HTTP, IRC servers and multi-user interactive forums. 6. Accountholders may only make use of Clear Connect system resources while logged in. Further, Accountholders are not permitted the use of software of any device that would allow the account to stay logged on while the Accountholder is not actively using the system or the account. The sole exception to this policy are e-mail filters that process and sort mail as it arrives. III. ACCEPTABLE USAGE Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of Clear Connect’s systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include a moderate amount of file storage on Clear Connect’s servers for Accountholders’ own personal web page, file access area (FTP), and possibly Unix utilities used in a shell account. Shell users may be permitted to use their own software, subject to Clear Connect’s discretion, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document. This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority. IV. PROHIBITED ACTIVITIES Activities specifically prohibited by Clear Connect administration include but are not limited to the following: 1. Background and/or server-type applications Including but limited to IRC Bots, HTTP Servers, and any other process that is initiated by the user that upon execution continues the user’s account even after log-out. 2. Long-term storage of data Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes but is not limited to programs such as shareware programs which the user may download to their account for purposes of transferring to their home computer. Such programs should be removed at such time as they are successfully transferred to the user’s personal system. 3. Flooding or abuse of other users Flooding is a fairly common occurrence on the Internet, and one that is strictly prohibited by Clear Connect. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods. a. ‘Mail-bombing’ constitutes sending more than ten (10) similar messages to the same e-mail address and ‘news-bombing’ is defined as sending more than 10MB of data to one particular newsgroup. 4. Attempts to compromise system and/or network security Programs such as ‘packet sniffers’, password crack programs and similar utilities found to be running from a user’s account are prohibited. This forbidden activity also includes any attempts to penetrate either the Clear Connect system or the accounts of others, regardless of whether or not the intrusion results in corruption or loss of data. 5. Sharing of accounts Sharing of a user’s account with another party for purposes of avoiding payment for a second account is strictly prohibited. 6. Attempts to bypass resource usage limitations In order to provide fair service to all Clear Connect users, Clear Connect has implemented certain resource limitations, the two most common being disk quotas on the servers and idle time-outs on dial-ups. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges. Attempts to bypass the idle time-outs are also prohibited. The current idle time-out limit is sixty minutes. 7. PPP/SLIP Emulation Software Since PPP/SLIP is a product offered by Clear Connect, users desiring such access are required to sign up for that service, rather than attempting to emulate it by software. Any such software will be removed from the user’s account by Clear Connect immediately when found. All software provided by Clear Connect to Accountholders are copyrighted by Clear Connect and may not be tampered with, decompiled or reverse engineered. 8. Conducting business through a personal account The regular dial-up accounts (Basic and Premium) provided by Clear Connect are designed for the home/casual user and not to provide the level of service required for conducting business. Therefore, conducting business with an individual account is prohibited. If a business account is desired, please contact the Clear Connect Dedicated Sales Department. 9. Excessive use of system resources Clear Connect account descriptions specify limits on bandwidth and disk space utilization. Any use in excess of those stated limits is not permitted, unless Clear Connect has made special arrangements with the user. This segment can be broken down into two parts - system and dial-up. a. System Limits - This can be defined as the continued use of Programs or commands that take a large amount of system resources, be that processor time, network, bandwidth, and/or drive space on the host system. b. Dial-Up - This prohibition focuses on the continued use of a dial-up port to simulate a dedicated connection for the user’s home system. Dial-up accounts are designed solely to provide on-demand access for Accountholders, not dedicated connections. If a dedicated connection is desired, the Accountholder needs to speak with Clear Connect’s Dedicated Sales Department. 10. E-Mail abuse E-mail abuse is typically manifest in three forms: a. The sending of a message to unsolicited individuals or individuals who have expressed a desire not to receive like messages; b. The sending of harassing and/or threatening messages to other users; c. The forging of e-mail addresses (‘spoofing’) in which the user manipulates the e-mail address so that the message appears as though it came from another user. Any attempts to forge the headers will result in account termination. Further, this prohibition extends to sending unsolicited mailings from another service, which in any way implicates the use of Clear Connect’s service, Clear Connect’s equipment or any of Clear Connect’s e-mail addresses. 11. Usenet or news abuse Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posing of the same message to multiple news groups (‘spamming’), as well as the posting of information in groups where it is not relevant and unwanted. 12. Pyramid/money-making schemes Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters, are all prohibited. 13. Pirated software Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by federal law and are thus not allowed in any form on Clear Connect. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. Export control laws is strictly prohibited. 14. High-Traffic web sites Individual accounts on Clear Connect machines are intended to provide access to individuals only. As most individual pages are fairly low-traffic for the most part, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages which draws a large number of hits to their pages and thus degrade performance for other users’ pages. Due to this, Clear Connect has had to implement certain limitations on the amount of traffic an individual user’s home page can receive. Typically a page can safely receive around 4-5,000 hits per day and/or transfer under 20-25 megs per day without causing excessive load on the host system. Sites generating more than this must be moved over to Web Services where they are better able to deal with the extra traffic. 15. In an effort to control multiple logins and offer all of our customers an equal chance to get on-line, users are permitted only one active session running at a given time. If users require multiple sessions simultaneously, Clear Connect requires that the user obtain additional accounts. Violators are subject to immediate termination without warning, as Clear Connect sees fit. 16. If Clear Connect discovers an objectionable ‘spam’ making reference to either an Clear Connect hosted web site or e-mail address, regardless of where the spam originated from, Clear Connect reserves the right to remove the e-mail address, web site or objectionable material from its servers. V. PENALTIES FOR ABUSE A. All prohibited activities are subject to immediate termination of a user’s account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, Clear Connect reserves the right to disable the account immediately. Accounts that have been disabled by administration for abuse will not be re-opened for a user. It is vital for Clear Connect to provide a quality service for all users, and Clear Connect will not tolerate users who through their actions hinder us in that endeavor. It is also important for Clear Connect to have a non-intrusive presence to the rest of the net, and thus prohibited activities that adversely affect users on the other service providers and their associated networks. To this end, Clear Connect reserves the right to modify and/or disable user’s service at any such time abuse occurs. B. Clear Connect will not reimburse users whose service was suspended or disabled due to any of the reasons listed above. C. All Clear Connect Internet users agree to indemnify, waive and hold Clear Connect, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the user’s violation of this agreement, including any abusive or unlawful behavior on the part of the user or anyone using the user’s account, or the infringement of any intellectual property or privacy rights of any person or entity. This means that you cannot sue or recover damages whatsoever from Clear Connect as a result of Clear Connect’s decision to remove material from its servers, warn you, suspend or terminate your account or take any other action during the investigation of a suspected violation or as a result of Clear Connect’s conclusion that a violation has occurred. D. You agree to defend, indemnify and hold Clear Connect harmless form any claims. losses and damages, including attorney’s fees, resulting form your violation of any provisions of this agreement, with or without your knowledge or consent. IN NO EVENT SHALL Clear Connect BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS) ARISING OUT OF VIOLATIONS OF THIS AGREMEENT OR THE ACCOUNTHOLDER’S USE OF OR INABILITY TO USE Clear Connect’S SERVICES. Clear Connect’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT Clear Connect’S ELECTION, EITHER RETURN OF SERVICE FEES PAID OR REPLACEMENT OF CONNECTION SERVICE OR PRODUCTS. VI. ADDITIONAL POLICIES A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, Clear Connect reserves the right to add and enforce new policies. B. While Clear Connect strives to provide local access to our Accountholders, Clear Connect cannot guarantee such service. It is the user’s responsibility to verify with the telephone carrier whether the calls made via the Accountholder’s modem to access the Internet are local or not. Clear Connect makes no warranties as to whether Clear Connect can provide users with local Internet access numbers. Users are responsible for paying their own dial-up telephone charges for accessing the Internet, as well as for contacting Clear Connect’s Accountholder and/or Technical Support lines. Clear Connect WILL NOT REIMBURSE USERS FOR ANY LONG DISTANCE CHARGES. VII. LIMITATION OF LIABILITY THE CLEAR CONNECT INTERNET SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO CLEAR CONNECT INTERNET OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLEAR CONNECT INTERNET SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE CLEAR CONNECT INTERNET. NOR SHALL CLEAR CONNECT INTERNET BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISISON, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CLEAR CONNECT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMTIED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CLEAR CONNECT RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL CLEAR CONNECT’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. VIII. BILLING POLICIES 1. Accountholder acknowledges, agrees and assumes full responsibility for making timely full monthly payments for each Clear Connect Internet Account. Timely payment includes maintaining Accountholder’s billing information given to Clear Connect for each Internet Accounts which the Accountholder must keep current. Those Accountholders who choose to make payment with credit cards must provide Clear Connect with their full name, billing address, credit card number and expiration date. It is the Accountholder’s responsibility to timely notify Clear Connect of any changes in its credit card account. Payment for an Clear Connect Internet account or services by fraudulent means will result in immediate and permanent termination of the account and possible criminal penalties. 2. There is a $20.00 service charge for each returned check. 3. Clear Connect reserves the right to cancel any Accountholder account without notice due to non-payment. In the event that Accountholder fails to timely make full payment of each invoice, Clear Connect reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Accountholder’s account. 4. In the event of cancellation by Accountholder, Accountholder must contact Clear Connect in one of the following manners: a. Via mail with proof of receipt properly addressed to: Clear Connect Accountholder Service, Attention: Internet Cancellation Department, 294 State Street, Hackensack, New Jersey 07601; or b. Via e-mail to firstname.lastname@example.org where the subject should have the words “Account Cancellation”; or c. via telephone to an Clear Connect Accountholder Service Representative at: (201) 883-2000, followed by written confirmation by Accountholder with proof of receipt, properly addressed to and received by Clear Connect within ten (10) days from the date of telephone cancellation. Notification of cancellation MUST be accompanied by the Accountholder’s Clear Connect login name in order for a cancellation to be effectuated. 5. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Accountholders are responsible for full payment on all accounts whether or not the account is ever utilized. All original unopened software must be returned to Clear Connect in order for Accountholder to be entitled to any refund. In the event that Accountholder fails to return the original unopened software to Clear Connect, Accountholder will be billed for a minimum of one month’s service. 6. In the event of cancellation between the 1st-15th of a month, Accountholder will be responsible for payment of one-half (1/2) of the current month’s monthly charges. 7. Any billing discrepancies shall be presented to Clear Connect in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve Accountholder of the obligation to make all payments including the amounts disputed by the due date. Clear Connect shall not be obligated to consider any Accountholder notice of billing discrepancies which are received by Clear Connect more than twenty (20) days following the date of the invoice in question. If an Accountholder fails to dispute any charge after twenty (20) days from the date of the charge, Accountholder waives its rights to thereafter make any such dispute and all such charges will be deemed valid. 8. In the event that an Accountholder pre-pays for their Internet account, any discounts given by Clear Connect for such payment plans are calculated that the Accountholder is paying for the regular months of service and getting additional months at the end of the service term at a discount. In the event that an Accountholder cancels their service within a year, such Accountholder is no longer entitled to any discounts. 9. Accountholder acknowledges, agrees and assumes full responsibility to verify that the telephone number that they call to access the Internet is a telephone number which is local to their area. Clear Connect is NOT responsible in any way for any telephone charges incurred by any Accountholder when accessing the Internet or when contacting Clear Connect for any reason. In the event that the Accountholder’s local telephone number to access the Internet is out of service, Accountholder assumes full responsibility for all long distance charges incurred by Accountholder if Accountholder chooses to call a long distance telephone number to access the Internet, even if directed to do so by Clear Connect’s Accountholder/Technical Support. 10. Clear Connect makes no warranties as to the availability or right to use of any login name, E-mail address, or web page address. Login names, E-mail addresses and web page addresses are NOT confirmed at the time of sign-up of any Accountholder. Clear Connect will not refund any charges for reprinting of stationary or any other losses incurred. 11. CLEAR CONNECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTIBILITY OR TO FITNESS FOR A PARTICULAR PURPOSE. 12. Accountholder agrees that at the end of the term of the Internet account initially agreed to by Accountholder or any term thereafter, Clear Connect may, at its sole discretion, automatically renew such Internet account for an additional term. Accountholder further agrees that upon renewal of such Internet account, Clear Connect may continue to charge Accountholder’s credit card or seek other form of payment from Accountholder, for which Accountholder shall be responsible for. In the event that Accountholder does not wish Clear Connect to automatically renew such Internet account, it is Accountholder’s sole responsibility to notify Clear Connect of such intent prior to the expiration of such term. 13. All policies stated herein are subject to change at Clear Connect’s sole discretion. Accountholder shall be responsible for adhering to any new policies implemented by Clear Connect.
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