TERMS OF SERVICE AND
ACCEPTABLE USE POLICIES
These Terms Of Service And Acceptable Use Policies (“Terms and Policies”) are
an essential part of your relationship with Reasonable Internet Service
Provider. By using your Reasonable Internet Service Provider account, you
agree to all of the Terms and Policies set out in this document.
General Terms and Policies.
Reasonable Internet
Service Provider is a private company providing a commercial gateway to the
Internet. Reasonable Internet Service Provider’s equipment and facilities
may be used to send electronic mail, conduct commercial transactions,
access the World Wide Web, newsgroups and private networks, engage in
on-line chat sessions, transfer files, enjoy audio and video programming,
and otherwise participate in all legal aspects of the Internet (these uses
are referred to in this document as “the Service”), subject to these Terms
and Policies.
The 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.
Reasonable Internet
Service Provider 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 Reasonable Internet Service Provider.
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 treated as a violation by
you.
Prices and Charges. Reasonable Internet Service Provider charges are as
follows:
Per Month Charge $14.00
Unsolicited sending of Bulk E-mail (“spam”) using Risp.biz email servers $1 per message sent.
Charges are due within 11 days of the date Prior to Reasonable Internet
Service Provider’s invoice.
Any checks returned by the issuing institution
will be charged a processing fee of $25. Any billing refused or
charged-back by your credit card company or issuing bank will result in a
handling charge of $25.
If you fail to pay for your account
on the the date of the invoice, Reasonable Internet Service Provider may
without further notice terminate your account. Termination does not remove
your responsibility to pay all fees incurred up to the date that Reasonable
Internet Service Provider terminates your account. If Reasonable Internet
Service Provider incurs any fees or costs in collecting any past-due
amounts, including costs of attorneys or a collection bureau, those fees
and costs will be added to the amount you owe.
Term
The
Service is provided to you on a month-to-month basis, 3 month basis or
Yearly. Reasonable Internet Service Provider must receive written notice of
termination (which may be by first-class mail or by e-mail) from you at
least 30 days prior to due date, or the Service will be provided and
charged to you for the following month.
---OR---
The Service is provided to you for a term of one month, 3 months or Yearly.
If you want to terminate the Service prior to the end of this term, you
must provide Reasonable Internet Service Provider with written notice of
termination (which may be by first-class mail or by e-mail.) An early
termination fee of $7 will apply.
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 Reasonable Internet Service Provider to
suspend or terminate your account. You agree that Reasonable Internet
Service Provider has the right, with or without notice, to suspend or
terminate your account upon the first or subsequent occurrence of any of
the following:
a. 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);
b. 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”); this ground for suspension or
termination is separate from and in addition to the fees which will result
from such activity;
c. 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, message, or file which does not belong to you;
d. Using the Service in such a way as to forge or mis-represent headers,
addresses, or other identification in electronic mail or USENET postings,
or using any other method to disguise the sender’s identity or location;
f. Posting commercial messages to a USENET group where the posting is not
approved by the specific USENET group in its charter;
g. Using the Service to operate server programs, including, but not limited
to mail servers, IRC serves, game servers, ftp servers, Web servers, or
streaming audio/video servers.
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party
systems;
j. Attempting, in any way, to interfere with or deny service to any user or
any host on the Internet;
k. Using the Service for mail-bombing, which includes any instance where
multiple messages are sent to a specific destination with the intent to
render the recipient and/or the electronic system serving that recipient
dysfunctional;
l. Using the Service to add or attempt to add addresses to any mailing list
(yours or a third party’s) without the explicit positive consent of the
addressee(s);
m. Using the Service to forward or post "chain letters" (multiple
forwarding) of any type;
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or
USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of
messages;
p. Using the Service to engage in syn flood 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 any other methods of denial-of-service attacks;
or,
q. Furnishing false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or other payment
information.
No bill credit will be given for a
period of suspension. In the event of termination of your use of the
Service under this section, Reasonable Internet Service Provider may at its
sole discretion retain any or all amounts you have paid for use of the
Service as liquidated damages for your actions.
Security
You agree not to
access or attempt to access private areas of the Service. You agree to
notify Reasonable Internet Service Provider 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.
Intellectual Property
Reasonable
Internet Service Provider does not undertake to examine or review messages,
files, or other materials which are accessible through, pass through, or
reside on the Service. In compliance with the Federal Digital Millennium
Copyright Act, To avail yourself of the protections of the Digital Millennium
Copyright Act, if you believe that your copyright(s) is being infringed by
means of material hosted on Reasonable Internet Service Provider’s
facilities, you need to provide a signed notice in writing to Jason
Curtice, continuing a specific identification of the allegedly infringing
material and the location(s) on Reasonable Internet Service Provider’s
facilities where the materials are to be found. Upon receipt of such
written notice, Reasonable Internet Service Provider will expeditiously
remove or block access to the allegedly infringing material, and provide
notice to the person who had posted that material. If Reasonable Internet
Service Provider receives a notification from that person indicating that
the claim of infringement was based upon mistake or misidentification,
Reasonable Internet Service Provider will send you a copy of that
notification. Unless you notify Reasonable Internet Service Provider of
appropriate court action to restrain the alleged infringement, the
challenged material will then be restored or other wise made accessible
again.
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 Reasonable Internet
Service Provider, neither Reasonable Internet Service Provider nor any of
its affiliates controls, provides, operates, or is in any way responsible
for any information, products, or services accessible through the Service.
Reasonable Internet Service Provider neither endorses nor is responsible
for the accuracy of third-party material(s), and you agree that Reasonable
Internet Service Provider is not responsible for any loss or damage caused
by your use of, or reliance on, such material(s).
You understand and agree that
you have sole responsibility for your posting of any information or
material to any site or newsgroup on the Internet, including but not
limited to postings to Web sites, whether residing on Reasonable Internet
Service Provider’s equipment or not, postings to newsgroups, and
participation in any on-line chat sessions. You agree to indemnify and hold
harmless Reasonable Internet Service Provider 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 that, should
you use the Service to send or receive voice communications, Reasonable
Internet Service Provider is not acting as a telecommunications carrier or
telephone company, that there is no representation made by Reasonable
Internet Service Provider as to the suitability of the Service for such
use, and that all risk of connection, transmission quality, and accuracy of
communications is solely on you, and that Reasonable Internet Service
Provider has no liability of any sort for the failure or lack of quality of
such use of the Service.
You agree to be liable for any
damages or loss of service which results in damages to Reasonable Internet
Service Provider 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 Reasonable Internet Service Provider may pursue any such claims
against you in District Court in Wayne County, North Carolina.
You agree that in no event will
Reasonable Internet Service Provider have financial liability to you in
excess of the dollar amount remaining on your current service period, or
$14.00, whichever is greater.
Warranty
Reasonable
Internet Service Provider MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR
OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY
HAVE TOLD Reasonable Internet Service Provider ABOUT YOUR INTENDED USE OF
THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Reasonable Internet
Service Provider OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE
ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE
PROVIDED TO YOU BY Reasonable Internet Service Provider ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS; Reasonable Internet Service Provider DOES NOT
WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS
WILL BE CORRECTED. Reasonable Internet Service Provider DOES NOT GUARANTEE
THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE
SERVICE.
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.
Reasonable Internet Service Provider 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.
Privacy
Reasonable
Internet Service Provider commits to follow the controlling Federal and
state laws respecting Subscriber privacy and data access. Reasonable
Internet Service Provider 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 as required under an appropriate court or administrative
directive, including a facially valid subpoena, or as necessary to render
the Service. Reasonable Internet Service Provider may provide aggregate
data on Subscribers to third parties in the operation of Reasonable
Internet Service Provider’s business.
Disputes
You agree that
any dispute between you and Reasonable Internet Service Provider arising
out of your use of the Service on in any way based upon your subscription
to and/or use of the Service which cannot be resolved between you and
Reasonable Internet Service Provider will be submitted by the aggrieved
party for binding arbitration under the auspices of the American
Arbitration Association. Any demand for arbitration under this Section must
be filed with the American Arbitration Association’s office in Wayne
County, N.C. The arbitration must be held in Wayne County, N.C. and the
arbitrator must be a person with experience in online services operation.
Governing Law
These Terms and
Policies are governed in all respects under the laws of the State of North
Carolina.
Amendments
These Terms and Policies may be amended in any respect at any time by
Reasonable Internet Service Provider upon the posting of the amended Terms
and Policies on the setup section of the Service. Your continued use of the
Service will be deemed consent to any such amended Terms and Policies. If
you do not wish to continue to use the Service as a result of any such
amended Terms and Policies, you may provide notice of your wish to
terminate your use of the Service to webmaster@risp.biz, and any unused
portion of fees you have paid for the Service will be returned to you
within 30 days.