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Acceptable Use Policy for Internet Services Adopted November 1997, Revised May 2001 These terms and conditions for acceptable use (AUP) represent an agreement between Internet Direct, Inc (IDI) and the account holder (User) for use of IDI's Internet services. This AUP may change without notice. It is the User’s responsibility to review the AUP periodically to ensure the User’s continued acceptance. If the user does not agree with these terms and conditions, please notify us immediately. Failure to notify IDI, execution of an account application, or use of the service thereafter shall constitute the User's approval of these terms and conditions. Termination of User's service may happen without notification for any of the following reasons:
1. All Users accessing the Internet through IDI represent that they are 18 years of age or have parental permission to hold an IDI account. Certain materials available on the Internet may not be suitable for individuals under the age of 18. IDI has no control over and accepts no responsibility whatsoever for offensive materials accessed by the User on the Internet. 2. IDI cannot and will not guarantee privacy or protection of any User, or information transmitted by any User, through IDI and through the Internet. In general, the Internet and the information transmitted are not confidential. 3. Though all measures will be taken to offer exceptional services and reliable connections to all Users, IDI does not guarantee uninterrupted service or error free connections. Neither IDI, or any officer, employee, agent, or anyone or entity involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental or consequential damages arising out of the use of this service or inability to use this service. This disclaimer of liability applies, but is not limited to, any damages or loss of data caused by any failure of performance, interruption, deletion, defect, delay in operation, computer virus, line failure, or unauthorized access or alteration of IDI, whether by breach of contract, negligence, theft, vandalism or by any other cause of action. 4. User agrees to indemnify and hold without harm IDI, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resulting from any and all use of IDI's accounts whether authorized or unauthorized. 5. IDI Internet connections and services may only be used for lawful purposes. Transmission or storage of any information, data, or materials in violation of any U.S. or state regulation or law is prohibited. This includes, but is not limited to copyright, material legally judged to be obscene or threatening, or material protected by trade secret. IDI’s policy is to co-operate with local, state and federal agencies with regards to illegal activity on the Internet. 6. The IDI account is not transferable. Accounts are for the User’s use only! User is responsible for the confidentiality of passwords and account information. User may not loan its account to others, connect using multiple persons, hardware, user logins, or consume more than one connection at any time. Violation of this policy will result in termination of service and will be considered and dealt with as theft of service and may be prosecuted under civil and criminal law. 7. NO SPAMMING. IDI's services may not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate newsgroups may be used in the conduct of legitimate businesses. IDI DOES NOT ALLOW Users to run Maillist, Listserv, or any from of auto responder from users shell. Processes that run or are activated while the User is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet will not be tolerated. When IDI becomes aware of such behavior, User will be notified by IDI. Violations may result in account suspension or termination and/or criminal prosecution. 8. Payment arrangements: a) The User is responsible for any and all fixed and accumulative charges for this account as represented at the time of initial account start up. Failure to use this account does not relieve the User of payment obligations. The User is responsible for terminating this account if no longer using the service. b) Credit card customers agree to allow IDI to bill such services monthly or as agreed without obtaining User's permission after the initial charge. Credit card customers shall notify IDI of any changes in Credit Card account information such as account number, or expiration date. If the credit card is not honored for any reason, User will have ten days to pay by other means. After ten days, the account will be terminated. Re-activation of terminated accounts, for any reason, will be subject to a $10.00 reconnection fee. c) If payment is by check, money order, or cash. User will pay, in advance of services being offered, on a calendar quarterly basis. If payment is not received by the 10th day of the quarter, the account will be terminated. Re-activation of terminated accounts, for any reason, will be subject to a $10.00 reconnection fee. d) IDI has the right to terminate any account for non-payment per the arrangements of this account. Termination of services does not relieve the User from the obligation to satisfy outstanding payments. The User shall be responsible for any and all costs associated with collecting such outstanding sums. e) IDI has the right to cancel this service at any time. In the event that IDI chooses to discontinue or cancel these services for reasons of no fault of the User, any unused fees may be returned to the user on a pro-rata basis. f) The User must notify IDI in writing, email, or fax to cancel service. The User’s account will then be terminated within three (3) business days. Unless the User makes notification for termination of services, the User will be responsible for payment of such whether or not the User is using the services. g) In addition to any cost for services, User shall be responsible for any and all applicable sales and use taxes for its account. 9. By using the IDI account for Internet services, User accepts and agrees to abide by the terms and conditions set forth in this document. This contract shall be enforced in accordance with applicable laws of the State of Ohio.
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