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Mikrotec Internet Services Rules and Regulations and Acceptable Use Policy
By using the services and resources owned by Mikrotec Internet Services, you agree to abide by the following Rules and Regulations and Acceptable Use Policy ("AUP" for short). For the purpose of this AUP, the Customer shall sometimes be referred to as [User(s)]. Although a great majority of these provisions have the dial-up client in mind, the general provisions are equally applicable to our Web Development and dedicated access clients.

The Internet is a far reaching communications medium. The Internet can be used to communicate with colleagues, to research demographics, and to transmit business communications, but the Internet and the Mikrotec Internet Services computers you use to connect to it are shared with thousands of others users. Therefore, Mikrotec Internet Services has constructed a list of Rules and Regulations to provide a better understanding of how to use this service. This document also details your rights and responsibilities as a Mikrotec Internet Services subscriber.

1. Privacy
A. We will not release any of your personal information to other people or agencies unless we receive a signed consent form from you, except under subpoena by a court of competent jurisdiction.

B. With certain exceptions, you can choose any username for your account on Mikrotec Internet Services as long as there are no duplicates in the username list and it is not considered obscene. We do have a couple of additional practical restrictions in place. The first restriction is that the username begins with an alpha character. The second restriction is that we cannot accept your first name or last name only as your username; this restriction is becoming more important as the Mikrotec Internet Services user base grows, and the chance for duplicate usernames grows with it. Finally, the username is subject to a technical limitation of our current accounting system; therefore, usernames are restricted to a maximum of 8 characters. The username will always appear in your news group postings and when you forward electronic mail. The username is your login authorization.

C. Mikrotec Internet Services retains the right to reserve certain usernames for internal use.

D. Although you may want to use a made-up username for your Mikrotec Internet Services account, your full legal or entity (company) name must be used when you sign up with Mikrotec Internet Services.

2. Account Suspension and Cancellation
A. Mikrotec Internet Services subscribers have the right to cancel their accounts in accordance with the Dial-Up Internet Service Agreement, or other similar applicable agreement with Mikrotec Internet Services. Cancellations take effect at the times specified in such agreements. If you wish to cancel your Mikrotec Internet Services account, you must send notice to Mikrotec Internet Services at http://www.mikrotec.com/cancel.html , or in writing by mail to Mikrotec Internet Services, Inc., ATTN: Billing, PO Box 750, Harold Ky., 41635.

B. As described in such agreements,Mikrotec Internet Services reserves the right to suspend or cancel your account without notice, for non-payment or for violation of the provisions of this AUP.

C. Whether you cancel your service or we cancel your service for cause, your service fees are not prorated within the current month. Refunds for unused service are governed by such agreements. You have 60 days to contact us with questions or concerns about your bill. Setup fees are nonrefundable in any case.

D. Customers receiving DSL service from Mikrotec must pay all fees owed for their service(s) by their payment due date located on their monthly Mikrotec statement. Any amount(s) disputed by the customer from their monthly statement(s) must be made aware to our accounting department (1-888-794-2500) prior to payment due date. Failure to pay the balance owed to Mikrotec by the DSL customer's payment due date may result in Mikrotec disconnecting the customer's DSL service from the telco. If Mikrotec disconnects the customer's DSL service(s) from the telco and customer wants their DSL service reactivated, the DSL customer must first pay all outstanding balances owed to Mikrotec. Customer must also pay all reconnect and activation fees prior to reactivation. The reconnect and reactivation fee is $125.00 and may take 7 to 10 business days for the DSL service(s) to be reconnected as when the customer's DSL service was originally provisioned. Mikrotec offer's free installation and activation when the DSL customer originally activates their DSL service and they are paying by credit card. Mikrotec also offers a discounted activation rate of $25.00 if the customer does not pay by credit card when originally activating their DSL service, but, if Mikrotec has to disconnect and then reconnect the customer's DSL service(s) with the telco because the customer fails to make their payments by their payment due date, Mikrotec must charge the customer a reconnect and activation fee of $125.00. Customers receiving DSL service can avoid these reconnect fees by making sure their payment is received by their payment due date located on their monthly statement or by contacting our accounting department prior to their payment due date. Customers not willing to pay the reconnect and reactivation fee to reestablish their DSL service will still be responsible for the normal Mikrotec disconnection penalties, all outstanding balances, and the DSL modem charge as pointed out in this agreement. Mikrotec will credit customer's account for the DSL modem once the modem is returned in its original package and is found to be in working condition. If the customer has any unpaid balances owed to Mikrotec after 60 days from the customer's payment due date or customer does not contact Mikrotec's accounting department to dispute charges or make payment arrangements, Mikrotec will turn the customer's account over to collections.

3. File Transfer Restrictions
A. By law, you may not upload any commercial software, any software that is subject to distribution limits, or any material you don't have the right to share with other people. Likewise, you may not download any software or material you do not have the right or license to use, such as commercial software from other Internet users. You may not upload anything, such as certain cryptographic applications, that will violate local, state, or federal law. If, upon reasonable suspicion and after reasonable investigation, Mikrotec Internet Services finds a violation of this provision, Mikrotec Internet Services reserves the right to notify appropriate state and/or federal authorities. As a User, you covenant to always use the Internet and the services provided by Mikrotec in compliance with all laws, rules and regulations.

B. Your Mikrotec Internet Services account entitles you to E-mail storage space of up to 2 megabytes. If additional storage space is required, up to 10 megabytes (issued in 2 Meg blocks), Mikrotec Internet Services will charge for additional disk usage according to then-current Mikrotec Internet Services pricing. Difficulties in downloading e-mails due to size are the responsibility of the User(s) and Mikrotec Internet Services reserves the right to delete messages if necessary to facilitate download.

C. Customers who have web sites on the Mikrotec Users Pages are entitled to 25 Mb of web space. The maximum allowable bandwidth per website is 3 Gb of transfer per month. This restriction is subject to change.

4. Change of Terms, Condition and Services
A. Mikrotec Internet Services reserves the right to alter the pricing, offerings, terms and conditions of service at any time, as set forth in your agreement with Mikrotec Internet Services. An electronic, online copy of this AUP in effect is at the following Web address: http://www.mikrotec.com/aup.html under the "Acceptable Usage Policy" link. As the account holder, you are charged with the responsibility of checking this page for any updates, and your continued use of Mikrotec Internet Services services constitutes your agreement to the modified terms.

B. Mikrotec Internet Services does provide configuration assistance and limited free technical support for browser, dial up and e-mail client programs that are essential to getting on the Internet.

C. Mikrotec Internet Services does not provide technical support for software that is not Internet, nor does Mikrotec Internet Services make any warranties as to any software you may use in connection with your Mikrotec Internet Services account; the respective author/copyright holder's warranties apply. Further, Mikrotec Internet Services does not provide technical support for any hardware you use for your Internet connection which you did not purchase from Mikrotec Internet Services.

D. Mikrotec Internet Services cannot guarantee overall Internet performance, nor the performance or availability of any server, service or site on the Internet at large which you may otherwise access through your Mikrotec Internet Services account.

5. System Use Policies
Mikrotec Internet provides unlimited Internet access. This should not be construed to mean full time or completely unregulated access. There are a great many users sharing Mikrotec Internet Services network facilities, and we are committed to providing good, consistent service to all subscribers. For this reason, the subscriber should observe the following guidelines in the usage of your Mikrotec Internet Services account: 
  • Do not maintain a connection to your dial-in account when you are not actively using the Internet, and be sure to log out of the system when you are ready to end an Internet session.
  • Multiple, simultaneous logins of the same account are prohibited.
  • Our flat-rate accounts (i.e., the Voyager and Odyssey) are not intended to serve as extended or full-time (24 x 7) connections to the Internet. If you find that you need a full-time (24 x 7) connection to the Internet, please contact us for information on our dedicated access services.
  • Our network is configured to terminate your dial-in session after eight (8) hours. We do not mind if you log back in if you are disconnected, but unless you are paying for a dedicated connection, you should not expect to be able to stay logged on indefinitely.
  • In order to ensure all users equal access to Mikrotec Internet Services resources at peak times, we reserve the right to terminate any particular user session which has idle time of 20 minutes or more. As well, we reserve the right to terminate one or all multiple connection sessions when we encounter your username logged in multiple times simultaneously at one or multiple locations.
  • Content posted to Mikrotec Internet Services Personal Pages will be removed if that content violates copyrights, libels others, or contains code which could harm systems which visit the site.
  • Mikrotec Internet Services is not responsible for backing up User(s) personal page content. Content backup of a personal page site that comes with a dialup account is the customer's responsibility.
  • Sexually explicit and patently offensive content; materials that otherwise violate federal, state or local law; and materials and content that threaten the security or utility of the Mikrotec Internet Services network, are strictly forbidden in any Mikrotec Internet Services Web service to which you subscribe--personal or commercial.
  • Customer has no ownership of static IP numbers that may have been assigned to the customer by Mikrotec Internet Services. Mikrotec reserves the right at any time to remove these static IP assignments with advance notice to the Customer from Mikrotec. If deemed necessary, Mikrotec also reserves the right to reassign static IP allocation at its sole discretion.
  • You may not use Mikrotec Internet Service to gain, or attempt to gain unlawful access to other computer or other computer systems.
  • You are responsible for your phone line, and the operating condition of your computer and modem. Mikrotec Internet Services is not responsible for any of the hardware or software of your computer and computer system.
  • You are responsible for assuring that Mikrotec Internet Service is a local call from your location. Mikrotec Internet Service is not responsible for any local or long distance call charges or other phone company imposed fees and charges.
  • A dial-up service connection may be used from different computers, but only one connection at a time.
  • You are responsible for assuring that the contents of your web or similar directory or directories do not violate any law.

B. Mikrotec Internet Services reserves the right to remove from public view any material or content brought to its attention which violates this AUP.

C. The services you purchase from Mikrotec Internet Services are not transferable. You may not resell or share your Mikrotec Internet Services account services.

6. Roaming
A. "ISP affiliate" means any Internet Service Provider with which Mikrotec Internet Services has a roaming arrangement to allow Mikrotec Internet Services clients to connect to the Internet through the ISP affiliate's facilities outside the area served by Mikrotec Internet Services.

B. "Roaming" consists of dialing an ISP affiliate's Internet connection number to connect to the Internet.

C. Roaming may be subject to regulation via provisions of this AUP.

7. Information Policy
Mikrotec Internet Services will not filter information that is received from the Internet, except in accordance with this AUP and applicable law; however, some newsgroup material may be offensive to some people. If you find a newsgroup that you do not like, please do not attempt to read or reply to that newsgroup. We will not discontinue a particular newsgroup due to someone's belief that said newsgroup is `offensive' or `wrong.' You are free to subscribe to any mailing lists, but as with newsgroups, some information may seem offensive to you. Just follow proper procedures for subscribing and, if you don't like what you are receiving please change, or unsubscribe from that list or newsgroup. As a Mikrotec Internet Services client, you are solely responsible for monitoring usage of your Mikrotec Internet Services Internet accounts, including use by your children.
 
8. Procedures & Accounting Matters
A. Our AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you sign up for Mikrotec Internet Services, and to each revision of the AUP that becomes effective subsequently, without further notice.

B. Account cancellations should be directed in writing to our Accounting Department via E-mail to billing@mikrotec.com, via fax at 1-606-478-2560, or via snail mail at P.O. Box 750, Harold, Ky. 41635-0750

C. Requests for change of username or password on your dial-up account should be directed to our Customer Service Department at 1-866-438-6648.

D. Returned checks are subject to a $20.00 Returned-Check Fee. Your account will be debited electronically for both the face amount of the check and any returned check fees if returned unpaid.

E. Failure to pay invoices by the specified due date will result in a late fee charged against your account. This rule also applies to credit card and ACH Debit customers.

F. All customers that have dedicated(always on Internet services), including but not limited to, ADSL/DSL, Frame Relay, 56K-V.90, Point-to-Point, Cable(only in Intermountain Cable service areas) and ISDN circuits have until the 10th day of each month to pay for current services that have been invoiced. Payment for previously invoiced services is due by the 10th day of each month. If payment(s) is not received within these guidelines, the customer's service(s) will be interrupted. Customers will have to contact our accounting department at 1-866-438-6648 to make payment arrangements before services are reconnected. A $25.00 reconnect fee will also be charged in addition to any outstanding fees due to Mikrotec. Payment arrangements may be an alternative if Mikrotec's accounting department is notified 15 days prior to payment due date. Whether or not payment arrangements can be made will be at the discretion of Mikrotec's accounting department. If further explanation of this policy is needed, please contact our accounting department at 1-866-438-6648.

9. User responsibility
A. Mikrotec Internet Services considers the complaints and comments from other users on the Mikrotec Internet Services system, as well as those of system administrators from other Network Service Providers. We will take immediate action against any Mikrotec Internet Services subscriber who abuses any of our facilities or services. Some of the types of conduct which is inappropriate on the Internet, and thus prohibited while using your Mikrotec Internet Services account, are (a non-exhaustive list):
  • posting commercial/marketing/advertising/sales materials in non-commercial areas (for example, in a newsgroup dedicated to the discussion of the political significance of the two-party system of government, you should not post a message that you have a watch for sale), or sending unwanted/unsolicited commercial E-mail ("UCE"). This activity is called, aptly enough, "spamming";
  • posting "chain letters"--these are *illegal* under federal and state law, and are inappropriate on paper and on the Internet;
  • E-mailing or posting (in newsgroups, IRC or otherwise) abusive, vulgar or threatening messages; and
  • gaining unauthorized access to any network, either by use of an access account that is not yours, or by engaging in otherwise illegal methods.

B. In addition to this AUP, the provisions of all applicable laws apply to your use of Mikrotec Internet Services facilities.

C. Users that access the Internet through Mikrotec Internet Services must comply not only with Mikrotec Internet Service's AUP as well as the AUP's of the Network Service Providers whose networks they access.

D. Mikrotec Internet Services will review all complaints or instances of your inappropriate use brought to our attention and will decide what action to take, which action may be termination of your Mikrotec Internet Services account.

E. If you have any complaints about another subscriber's use of Mikrotec Internet Services facilities, or if you are subjected to any inappropriate use of Mikrotec Internet Services facilities, please contact our office immediately. You may send E-mail to abuse@mis.net.

F. If you suspect or have proof of a hacking or break-in attempt on your machine you may call toll-free 1-866-438-6648 and leave a message for the Security Response Team.

G. If your account is cancelled for non-payment, there will be a $15 reconnection fee charged to establish service again.

H. It is sole the responsibility of the User(s) to ensure that no long distance calls are being made in order to connect to the Internet. Each User(s) should verify that the dial-up number they are using to connect to the Internet is a local call by contacting their local telephone company before connecting to the Internet. Do not solely rely on a Mikrotec representative to determine whether or not a dial-up number is a local call in your area. As a rule of thumb you should not have a ten (10) digit number (i.e., 606-XXX-XXXX) in your Internet connection dialer. If you have a ten digit number in your Internet connection dialer you may be charged toll each time you connect to the Internet. Mikrotec is not responsible for any long distance charges accrued due to user error of this sort.

10. The Strictly Legal Stuff
A. All services provided to you by Mikrotec Internet Services may only be used in accordance with any applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any information, protected material or property, data or any other material in violation of any national law of any sovereign nation, any International law, the United States Annotated code, or of any state or local law, regulation or rule is strictly prohibited. This includes, but is not limited to, any material, data, matter, software/soft code, intellectual property protected by copyright, trademark, privacy of property right, personal or property right, trade secret, or any other statute. Further, it is unlawful and a violation of this AUP to communicate, transmit, or promulgate in any manner, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use Mikrotec Internet Services for any illegal or unlawful purposes.

B. Mikrotec Internet Services does not "patrol" the content published by its clients. Mikrotec Internet Services does, however, review complaints submitted with respect to other potential violations of this AUP and applicable laws, and will investigate those complaints and take action it deems appropriate, up to and including cancellation of a user's service.

C. This computer network belongs to Mikrotec Internet Services and may be used only by Mikrotec Internet Services employees for work-related purposes only and Mikrotec Internet Services network access subscribers. Mikrotec Internet Services reserves the right to monitor use of this network to ensure network security and to respond to specific allegations of employee or subscriber misuse. Use of this network shall constitute consent to monitoring for such purposes. In addition, Mikrotec Internet Services reserves the right to consent to a valid law enforcement request to search the network for evidence of a crime stored within the network.

D. You will indemnify and hold harmless Mikrotec Internet Services, its officers, shareholders, agents, employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber's use of Mikrotec Internet Services in any manner, whether directly or indirectly or by any act of omission or commission.

E. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (1) to your use of any Mikrotec Internet Services service, and (2) the communications means by which you connects your terminal, personal computers or other device to Mikrotec Internet Services or to any services provided by Mikrotec Internet Services.

F. Your rights herein granted cannot be transferred, shared, sold, or used by anyone other than yourself. Only one login session per account may be used at any given time. Accounts that have been transferred to other parties or show other activity in violation of this paragraph are subject to immediate cancellation.

G. Mikrotec Internet Services has the right to delete all E-mail, data files, or other information that is stored in your account if your Mikrotec Internet Services account is terminated, for any reason, by either you or Mikrotec Internet Services.

H. Mikrotec Internet Services shall have the right to suspend or cancel your account at any time, for reasonable cause, without notice. "Cause" includes, but is not limited to, nonpayment for services; violation of this AUP; excessive idle time online, as determined by ISP's network administrator; and use of your account to engage in violation of any federal, state or local statute.

I. No warranty is made by Mikrotec Internet Services regarding any information, services or products provided through, in connection with, or located on the computer systems of Mikrotec Internet Services or any other services provided by Mikrotec Internet Services, and Mikrotec Internet Services hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability of Mikrotec Internet Services products or services, or the accuracy of content or information, products; and (ii) any warranties of merchantability or fitness for a particular purpose.

J. Mikrotec Internet Services shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure. Theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by you or on your behalf to Mikrotec Internet Services for the current month.

K. No agent, employee, or representative of Mikrotec Internet Services has any authority to bind Mikrotec Internet Services to any affirmation, representation, or warranty concerning the services provided by Mikrotec Internet Services.

11. Disclaimer and limitation liability
A. User(s) agrees that the use of all services provided to each User(s) by Mikrotec is at User's own risk. All warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Mikrotec cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Mikrotec shall not be liable to the User(s) for any claims or damages which may be suffered by User(s), including, but not limited to, losses or the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions unless directly caused by the negligence of Mikrotec. Mikrotec shall not be responsible for the acts of third parties who may gain access to User(s) computer systems, private, financial, or proprietary information by improper or unlawful means.
 
12. Indemnification
A. User(s) will indemnify and hold Mikrotec, its affiliates, subsidiaries, officers, agents and employees free and harmless from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User's use of services provide to them by Mikrotec and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.