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Acceptable Use Policy – Terms of Service Agreement




Agreement herein defines Wireless Internet Service relationship between the client and Mobilcomm, Inc., hereafter referred to as Heavenwire.


Heavenwire’s network may only be used for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. The network resources of Heavenwire may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Heavenwire. All messages transmitted via Heavenwire should correctly identify the sender. Users may not later change the attribution of origin in electronic mail messages or posting. Customer or any person(s) with access to the Customer’s equipment must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access or send SPAM. (SPAM is any posting, mailing or transmission that is unsolicited, posting to multiple groups or off topic in Usenet, or posting considered being inappropriate, to a newsgroup, mail list or any similar public forum.) Access to other networks connected to Heavenwire network must comply with the rules appropriate for that other network. Heavenwire exercises no control whatsoever of the content of the information passing through its networks.


1. I agree to use my access to Heavenwire, including my account and any other access through Heavenwire, only for legal purposes and specifically agree not to transmit copyrighted material without the copyright holder’s permission, material legally judged to be threatening or obscene, material protected by trade secret, or any other material prohibited or restricted from electronic transfer. I understand that use of connectivity under this Agreement is for lawful purposes for myself or my organization and is not to be re-sold without written permission from Heavenwire.


2. I agree to indemnify and hold Heavenwire harmless from any and all claims resulting from my use of the service which damages me or any other party, including, but not limited to: exposure to offensive, pornographic, or illegal language, images, or other information, even should such exposure occur as a result of Heavenwire’s negligence; and, damage caused by unauthorized access to or alteration, theft, or destruction of my data files, computer programs, or information, through accident, fraudulent means or devices, or any other method, even should such access occur as a result of Heavenwire’s negligence.


3. I agree and understand that Heavenwire exercises no control over the content of the information residing on, or passing through its telecommunications and computer facilities, and that I may be exposed to pornographic, illegal, or otherwise offensive language, images, and other information, and I agree to hold Heavenwire harmless from any and all claims resulting from exposure to such materials.


4. Heavenwire makes no warranties of any kind, whether expressed or implied, for the service it is providing to me and disclaims any warranty of merchantability or fitness for any particular purpose. This includes but is not limited to busy signals, server performance and modem compatibility. I release Heavenwire from any liability or responsibility for delays in performance of services pursuant to this Agreement or for any failure to perform if such delays are due to strikes, inclement weather, acts of God or other causes beyond Heavenwire’s reasonable control, including, but not limited to, concealed acts of workman (whether of Heavenwire or others), or accidents. I understand that Heavenwire will attempt to notify me of any such delay, and should any delay continue for more than 15 days, I may cancel my service and this Agreement with no further liability.


5. I agree to pay the agreed monthly rate for my Heavenwire ISP/VISP/WISP Account on or before the 1st day of the prior month for which such services are to be rendered. I understand that if payment is not received by Heavenwire on or before the 15th day of the prior month, I may be subject to a monthly service charge on the unpaid balance of  $5. I further understand that failure to abide by the terms and conditions of payment, or of this Agreement, may result in the termination of my account without notice and without refund to me.


6. If I wish to terminate my account with Heavenwire I agree to provide thirty (30) days written notice. I understand that any expired or terminated account will be subject to a non-refundable reactivation fee equal to the price paid upon signing up the 1st time, payable before service is restarted. I also understand that if I choose to pay by automated credit card, it is my responsibility to inform Heavenwire when my credit card or banking services expire or change, in order to continue uninterrupted Internet service. I understand that after seven (7) days after termination of this contract for any reason, Heavenwire may remove any and all of my data files, programs, and other information stored in my account on their computers, and I agree to indemnify and hold harmless Heavenwire and its employees from any and all claims resulting from the removal and loss of such data files, programs and other information.


7. IMPORTANT! Parents or Legal Guardians are advised that explicit adult subject matter may be accessed on the Internet and that Heavenwire cannot and does not regulate or restrict the information which may be accessed by any user. By using this service, Parents and legal Guardians therefore accept responsibility to supervise a minor’s use of the Heavenwire Internet Account and hereby agree to hold Heavenwire, Inc. harmless from all liability for such usage, including, but not limited to, the downloading or viewing or other use of offensive, pornographic, or illegal material by a minor. I hereby agree to the terms and conditions of this Agreement.


8. SPAM policy: I understand that spamming is an illegal act pursuant to local state and federal law. If spamming is conducted from my account, Heavenwire may immediately suspend or terminate my account and I agree and understand that I will be charged an administrative fee ranging from $50.00 to $200.00. If suspended or terminated, I also understand I will not be entitled to a refund of the initial cost.


Spamming Definition: What is “Spamming?”

Spamming is sending a message, or multiple copies of a message, to many inappropriate newsgroups or email addresses at the same time. Examples of this include posting commercial advertisements to non-commercial groups, chain letters, pyramid schemes, or any other inappropriate message to the newsgroup (posting a note about your dog to 50 comp.sys groups counts as decidedly inappropriate, unless your dog is digital and has some relevance to all 50 of those groups). In addition, many people consider posting commercial advertisements to noncommercial newsgroups a form of spamming, and while that is debatable, it is *certainly* a violation of netiquette to do so.

Spamming also occurs to individual email boxes. Usually a spammer will purchase or acquire a list of address and send out a bulk email to this list. This is also a violation of netiquette.


Why is spamming bad?

When you post a message to a newsgroup or email address, that message goes out to thousands of computers all over the globe, which millions of people read every day. When you spam with multiple messages, you’re sending thousands of duplicate messages out. Not only do the messages annoy people hugely, but spams are very expensive in both the bandwidth they take (some sites do not have as high speed access as we do), disk space (100 messages repeated many thousands of times can get surprisingly large), and computer time to deal with the message. For these reasons, spamming is highly frowned upon by the Internet community.


What is Heavenwire’s policy towards spamming?

We consider spamming and bulk emailing to be both inappropriate and a violation of our user agreement. The consequences of this action depend on the severity of the violation, but please be advised that we do not tolerate spamming from Heavenwire. Your account may be terminated for spamming of newsgroups or email addresses. Accounts terminated for violations of the Heavenwire spam policy will not be given a refund or compensated in any way.


In addition, Heavenwire charges $125/hour for the cleanup resulting from spamming. Any account which is found to have spammed will be billed for the time that it takes our technical staff to clean up mailboxes and respond to complaints resulting from the spam. This is above and beyond the $50.00 to $200.00 fee’s mentioned in section 8 above.

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