Terms and Conditions of Use
This subscription agreement (hereinafter "Agreement") represents the complete agreement and understanding between 2 Fords Network, a sole propritary business in Aransas Pass, Texas, (hereinafter "2 Fords Network") and the account holder (hereinafter "Customer") for the use of the 2 Fords Network Internet access service and related features (hereinafter "Service")and supersedes any other written or oral agreement. By posting updated versions of this Agreement on the Service or otherwise providing notice to you, 2 Fords Network may modify the terms of this Agreement or prices for the Service, and may discontinue or revise any or all other aspects of the Service in its sole discretion and without prior notice. All such changes shall become effective upon posting of the revised Agreement on the Service. Use of the Service by the Customer constitutes acceptance of all of the terms of this Agreement. If the Customer does not agree to these terms, Customer must notify 2 Fords Network in writing and the account will be terminated.
1. Warranties/Disclaimer:
2 Fords Network Internet 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 2 Fords Network or any information or software therein. The Customer releases 2 Fords Network from and 2 Fords Network shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by Customer in connection with Customer's use of or inability to use the 2 Fords Network Services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by Customer even if the same is caused by 2 Fords Networks' own negligence. Without limiting the generality of the foregoing, 2 Fords Network disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the 2 Fords Network Service. In no event shall 2 Fords Networks' aggregate liability exceed the amount paid by Customer to 2 Fords Network for the 2 Fords Network Services. Use of any information obtained via 2 Fords Network Internet Service is at Customer's own risk. 2 Fords Network specifically disclaims any responsibility for the accuracy or quality of information obtained through its Services.
2. Security:
The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords. 2 Fords Network will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. 2 Fords Network is not liable for any usage and or charges prior to 2 Fords Network making the necessary account alteration. The Customer agrees to be the only user of Customer's account ID and password and agrees not to transfer or disclose either account ID or password to any other person (except family members residing at the same physical address). Customer will be responsible for all usage of the Service and any other services accessed through the Service on Customer's account whether or not authorized by Customer.
Electronic Mail on this system is as private as 2 Fords Network can make it. 2 Fords Networks' Customers are reminded that no computer system can be considered safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
3. Excess Utilization of System or Network Resources:
2 Fords Network account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event 2 Fords Network determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by e-mail. If the excess use continues for more that 48 hours after such notification, the Customer may be requested to upgrade to a different service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk utilization is determined by 2 Fords Network to adversely affect 2 Fords Networks' ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by e-mail as soon as practicable.
2 Fords Network unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections. 2 Fords Network reserves the right to disconnect any Customer after 20 minutes of inactivity or after any excessively long period of activity (four or more hours). It is the policy of 2 Fords Network to not limit a customers time online except when all modems are in use and there is no lines available to anyone else to connect. Then, the "4 hour rule is instituted and customers will be "bumped" beginning with the user who has been online the longest. This condition normally occurrs only between the hours of 6 and 10 pm. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. Programs or methods used to maintain a connection while the Customer is not using the connection (commonly known as "keep-alive programs") are forbidden. The first detection of such a method will result in a warning. The second detection will result , at the discretion of 2 Fords Network, in either the termination of the account or billing at the rate for a dedicated connection.
With the exception of corporate accounts, 2 Fords Network Service is intended for the use of a single person (or single family at one physical address) or single business location. The Customer may use Customer's account from multiple computers, but there may never be more than a single session active at a time. If Customer is found to have more than a single active session at any time, both sessions will be immediately terminated by 2 Fords Network and Customer will be notified of the action. If multiple concurrent sessions continue, it will be assumed that someone is using the Customer's account without the Customer's permission and Customer's account will be suspended until such time as a new password can be assigned. Continued multiple sessions after this will be assumed to be intentional and will result in either the termination of the account or in Customer being charged for two or more accounts.
4. Service Rates and Charges:
The rates and charges for the Service shall be as set forth at the time of your registration or otherwise in accordance with 2 Fords Networks' rate schedule as in effect from time to time, a copy of which will be available on-line on the Service or otherwise shall be provided to you upon request. Rates and charges, and other terms and conditions of the Service, are subject to change by 2 Fords Network from time to time by notice to you provided on the Service or otherwise.
Credit card charges will be processed once per month on a regular schedule. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers or unreported expiration extensions. Credit card accounts are considered to be renewed automatically from month to month without any other authorization from the Customer until such time as written instructions to the contrary are received by 2 Fords Network from the Customer or such time as service is terminated by 2 Fords Network for a breach of this Agreement.
Accounts that remain unpaid after the 15th day past the billing date may have their service interrupted. Such interruption will not relieve the Customer from the obligation to pay monthly charges. Only a written request to terminate Customer's service relieves the Customer of the obligation to pay the monthly account charge.
Reactivation of an account that has been closed due to nonpayment is subject to a $25 reactivation fee.
Customer may have their service terminated at any time, and/or for any reason. A 15% service charge will be assessed to the balance of the account as a termination fee to defray costs incurred by such termination. Customers paying in advance to receive a discounted rate for service will receive the higher rate that applies to the actual service used rather than the discounted rate in the event the service is terminated for any reason. Bills and/or refunds will be due and payable within 60 days of termination. Set up fees are administrative charges and once a customer has been logged on to the internet through the 2 Fords Network this administrative charge is not refundable.
5. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of Service pending investigation by 2 Fords Network and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, 2 Fords Network reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a 2 Fords Network Customer as described in (a) and (b) below before such postings are forwarded:
a. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
b. Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
c. Engaging in either (a) or (b) from a provider other than 2 Fords Network and using an account on 2 Fords Network as a mail drop for responses, or to draw attention to a web site hosted within 2 Fords Networks' networks.
d. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by 2 Fords Network.
e. Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.
f. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet Service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
g. Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
h. Network unfriendly activity: Attempts to interfere with the regular workings of 2 Fords Networks' systems or network connections or which adversely affect the ability of other people or systems to use 2 Fords Network services or the Internet, including but not limited to:
1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other 2 Fords Network system;
2. any use of this or any other 2 Fords Network system as a staging ground to disable other systems.
k. Posting or transmitting any information or software which contains a Virus, Worm, or other harmful component.
l. Posting or transmitting any Unlawful, Obscene, or Pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations.
6. Compliance With Laws:
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced, or transmitted on 2 Fords Networks' service through Customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on 2 Fords Network. Customer shall defend, indemnify and hold harmless 2 Fords Network from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the 2 Fords Network service or Customer' account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with 2 Fords Network or 2 Fords Networks' Acceptable Use Policies. At 2 Fords Networks' discretion, 2 Fords Network may revoke Customer's access to 2 Fords Network services or accounts for inappropriate usage.
7. Personal Files:
2 Fords Network is not responsible for Customer's personal files residing on 2 Fords Network. These files may include, but are not limited to: incoming but not yet retrieved email, sent but not yet delivered email, and files associated with personal or commercial web pages. Customer is responsible for independent backup of Customer's data that is stored on 2 Fords Network. 2 Fords Network reserves the right to delete Customer's personal files after one or both parties terminates the service Agreement between 2 Fords Network and Customer.
8. Other Remedies/Non-Waiver:
Nothing contained in these policies shall be construed to limit action 2 Fords Network may take or remedies available to 2 Fords Network in any way with respect to any of the describe conduct. 2 Fords Network reserves the right to take any additional actions 2 Fords Network may consider appropriate with respect to such conduct, including without limitation taking action to recover costs expenses of identifying offenders and removing them from the 2 Fords Network service, and levying cancellation charges to cover 2 Fords Networks' costs and expenses of identifying offenders and removing them from the 2 Fords Network service, and levying cancellation charges to cover 2 Fords Networks' costs in the event of disconnection of dedicated access for the caused outlined above. In addition, 2 Fords Network reserves at all times all rights and remedies available to 2 Fords Network with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and 2 Fords Network reserves the right to enforce such policy or rule at its sole discretion.
Updated 8/99
