NANOSECOND, INC’S TERMS OF
USE POLICY AND LEGAL NOTICES
Nanosecond., Inc.’s Terms of Use
Policy And Legal Notices is part of your contract with Nanosecond, Inc. Client
understands it is the Client’s responsibility to periodically review the
Nanosecond, Inc. website for changes that may have been made in this Agreement,
and information on potential conflicts arising from the addition or upgrade of
software and/or hardware (FAQ’s). Client’s use of Nanosecond, Inc. services
constitutes acceptance of this Agreement and any other policies posted on
Nanosecond.com, including any amendments, modifications or new notices or terms
posted from time to time.
This Agreement has been
formulated with the following goals in mind:
A. Ensure security, reliability
and integrity of Provider's systems and network, the systems and networks of
Provider's customers an the networks and systems of others.
B. Avoid situations that may
cause Provider to incur civil or criminal liability.
C. Maintain the image and
reputation of Provider as a responsible provider.
D. Preserve the value of
Internet resources as a conduit for free expression.
E. Encourage the responsible use
of net resources, and discourage practices which degrade the usability of
network resources and thus the value of Internet services.
F. Preserve the privacy and
security of individual users. The
Acceptable Use Policy below defines those actions which Provider considers to
be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided
solely for guidance to Provider customers.
If you are unsure whether any contemplated use or action is permitted,
please send mail to admin@nanosecond.com and we will assist you.
DEFINITION OF TERMS
1. “Provider” or “Nanosecond,
Inc.” refers to Nanosecond, Inc., which is an Internet Service Provider. It is
a privately owned company providing Internet access for residential and
business use.
2. Client refers to a person who
receives Internet access from Provider.
3. Internet means the World Wide
Web, Electronic mail, Newsgroups, TELNET, Gopher, WAIS, File Transfer Protocol,
and the like; and includes Provider's Website.
4. Information means text,
graphics, designs, video, sound, computer programs or code, and other materials
available on or through the Internet.
5. Post or Posting means
information Client sends, receives, displays, transmits, uploads, downloads or
otherwise handles on the Internet or Client's Provider account(s).
6. Website means information
available for display on the World Wide Web.
CLIENT IS OF LEGAL AGE
7. Client promises s/he is an
individual at least 18 years of age.
PAYMENT FOR SERVICES
8. Client agrees to pay
Provider's fees, including any sales and use taxes, in advance by cash, major
credit, debit or charge card, check, check-by-phone, electronic funds transfer,
money order or purchase order. Arrears
will carry an 18% APR finance charge. A list of fees and charges is available
upon request. SHOULD THIS ACCOUNT BECOME DELINQUENT, CLIENT WILL BE RESPONSIBLE
FOR ALL REASONABLE COSTS OF COLLECTION, ATTORNEY FEES AND COURT COSTS. If
client’s delinquent account is sent to collections a minimum-processing fee of
$10.00 is added to all accounts sent to collections. Nanosecond, Inc. reserves the right to assess a $10.00
reinstatement fee on all accounts suspended for non-payment. Payments will not
be considered timely unless actually received in the offices of Nanosecond,
Inc. prior to the due date.
9. Nanosecond, Inc. reserves the
right to suspend access to service for Client’s account(s) upon an indication
of credit problems including delinquent payments or returned checks. Client will be charged a minimum $25.00
processing and handling fee for returned checks.
CHANGE OF CLIENT ADDRESS
10. Client agrees to promptly
notify Provider of any change in Client’s physical or mailing address.
DURATION OF AGREEMENT
11. The services Provider will provide under this Agreement are for
Client's personal use, are provided AS IS and AS AVAILABLE. That means Provider
does not promise you will be able to get on the Internet at any particular
time. If access to the Internet is
vital (like if you day trade, or bid on auctions, or need time sensitive
Information), you should be sure to have other means of accessing the Internet
in addition to Provider at all times.
12. This Agreement shall be
terminable at will. Provider may at any
time, without notice or liability, change or eliminate any Provider content, or
restrict the use of any portion of Provider, including limiting the time of its
availability, the amount of use permitted, or which Clients are permitted to
use it. Any changes or restrictions may
be applied regardless of whether a multiple month Clientship has been purchased
or an advance payment of the monthly service fee has been made.
13. Nanosecond, Inc. requires that
all cancellations must be in writing, mailed by U.S. Mail or e-mail addressed to
admin@nanosecond.com
30 days prior to termination of service, otherwise client is responsible for
the monthly service or any part thereof, as specified until written notice is
received. TELEPHONE CANCELLATIONS WILL NOT BE HONORED. Early termination of any account or service
is not subject to a refund. If client
uses e-mail to cancel services, a confirmation number will be generated upon
Nanosecond, Inc.’s receipt of notice, and emailed back to client via
Auto-Reply. IF CLIENT DOES NOT RECEIVE
CONFIRMATION NUMBER, DO NOT CONSIDER THE CANCELLATION RECEIVED.
COMPUTER
14. Client agrees to provide all
telephone, computer, hardware and software equipment and services necessary to
access the Internet. Client agrees to
either (a) be familiar with the use of the Internet, its languages, protocols,
and software or (b) promptly learn the same, whether through paid instruction
or consultation from Provider or otherwise.
Client further acknowledges that Provider may only provide instruction
and/or support for Internet access through Provider. Instruction or support for specific software programs must be
obtained through other means.
15. Provider's Internet access
is intended for use on a properly functioning computer or Internet appliance.
Client is responsible for providing this hardware and will be responsible for
backing up all Client data prior to any maintenance or Internet configuration
done by Provider at Client’s request. Provider will provide specific
configuration instructions and/or software which Clients should use and follow
exactly in order to establish an Internet connection. Should Clients choose to
deviate from given instructions in any way, Provider assumes no liability for
loss of data or system malfunctions if any occur.
16. Client will keep adequate
back up copies of its Postings and Information, so that if what is on
Provider's system is either lost damaged, Client will not be harmed thereby.
NANOSECOND, INC.’S RIGHT TO ACT
WITHOUT WARNING
17. If Provider believes, in its
sole discretion, in good faith, that any Information Client has Posted, or
which is in Client's account, is a mass e-mail solicitation, illegal, obscene,
or indecent; or that immediate action is necessary or appropriate to
maintain the value of Provider's
trademarks, or its own compliance with the law, such as (but not limited to)
the Communications Decency Act or criminal statutes, Provider may immediately
block, filter, remove the Information off, or refuse to display the Information
on, its Internet server.
18. Notwithstanding these
rights, nothing herein shall be construed to mean that Provider is monitoring
Client's Account or Postings; nor that Provider is an editor or publisher of
the Account or Postings; nor that the Account or Postings is under the control
of Provider.
GENERAL CONDUCT
19. Provider offers non-metered
"attended" access to the Internet, for it's Clients. The running of Client modules (i.e. email
programs) that create usage activity from Dial-Up accounts when no user is
present is prohibited. This usage keeps connections and resources active
without a user being present and does not release Provider resources for use by
other Clients. When Provider detects these "repeating" modules, the
connection will be immediately terminated.
Repeated offenses of this nature will cause notification to be given to
the Client and is cause for Provider to terminate an account with or without a
refund. If you have requirements for
dedicated or extended connection to the Internet, please contact admin@nanosecond.com for information on how this may be accomplished.
20.
Clients are prohibited from transmitting on or through any of the Provider
services, any material that is, in Provider's sole discretion, unlawful,
threatening, abusive, libelous, hateful, or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law.
21.
Provider services may only be used for lawful purposes. Receipt, transmission, distribution, or
storage of any information, data or material in violation of regulation or law
is prohibited. This includes, but is
not limited to, copyright, trademark, trade secret, and libel laws. Client is responsible for the legality,
truth and accuracy of Client's Postings.
Provider reserves the right to remove material it suspects is illegal
from its servers.
22.
The services are for Client's use, and are provided AS IS and AS
AVAILABLE. Client acknowledges that the
Internet is not owned or controlled by anyone; that the Internet is subject to
human errors, random atmospheric and geographic interference, and acts of
God. Provider therefore makes no
guarantee that Client will be able to access any particular part of the
Internet at any given time.
23.
Client is responsible for keeping billing data with Provider up-to-date and
accurate. Furnishing false data upon
signup, contract, or online application, including fraudulent use of credit
card numbers, is grounds for immediate termination, and may subject the offender
to civil or criminal liability.
24.
The resale of Provider products and services is not permitted, unless
specifically authorized and documented in a written agreement.
25.
This Agreement does not constitute a partnership or joint venture between
Provider and Client. Client is not
the representative or agent of Provider
and Provider is not the representative or agent of Client and neither will so
hold itself out publicly or to any third party or incur any liability for the
other, it being understood and agreed that the parties hereto are entering into
this Agreement as independent contractors.
DISCLAIMER
OF WARRANTIES
26.
Client AGREES THAT Provider SHALL NOT BE LIABLE TO Client FOR NEGLIGENCE,
RECKLESSNESS OR INTENTIONAL MISCONDUCT OF THIRD PARTIES NOR FOR Provider's OWN
NEGLIGENCE OR RECKLESSNESS. Client
AGREES THAT Provider SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF INFORMATION OR PROFITS), EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Client PROMISES NOT TO SUE Provider FOR PUNITIVE DAMAGES. Client 's SOLE AND EXCLUSIVE REMEDY shall be
limited to the workmanlike correction, in the ordinary course of business, of
Provider's intentional errors at no charge.
In the event the above "Sole And Exclusive Remedy" is not
enforceable, the Client AGREES THAT Provider'S LIABILITY FOR ANY PARTICULAR
CLAIM SHALL NOT EXCEED THE AMOUNT Client PAID Provider FOR THE PARTICULAR
SERVICE UPON WHICH THE CLAIM IS BASED, (for example, refund of the monthly fee
for the month in which the claim occurred) INCLUDING SERVICES PROVIDED PURSUANT
TO REQUESTS FOR QUOTATION (IF ANY) AND Client PROMISE NOT TO SUE Provider FOR A
GREATER AMOUNT.
INDEMNIFICATION
27.
Upon a request by Nanosecond, Inc., Client agrees to defend, indemnify, and
hold harmless Nanosecond, Inc. and its employees, contractors, officers, and
directors from all liabilities, claims and expenses, including attorney fees,
that arise from Client’s use or misuse of this service. Nanosecond, Inc.
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by Client, in which
event Client will cooperate with Nanosecond, Inc. in asserting any available
defenses.
SYSTEM
AND NETWORK SECURITY
28.
Clients may not attempt to circumvent user authentication or security of any
host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended
for the Client, logging into a server or account the Client is not expressly
authorized to access, or probing the security of other networks (such as
running a SATAN scan or similar tool).
29.
Clients may not attempt to interfere with service to any user, host, or network
("denial of service attacks").
This includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash" a
host.
30.
Clients may not use any kind of program/script/command, or send messages of any
kind, designed to interfere with a user's terminal session, via any means,
locally or by the Internet.
31.
Users who violate systems or network security may incur criminal or civil
liability. Provider will cooperate
fully with investigation of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
32.
Client understands that the Internet is not a secure medium for the exchange of
proprietary Information or funds.
Client assumes all responsibilities related to maintaining the security
of its Information and equipment.
33.
Nonetheless, Provider's "server" computer will be configured to allow
Client to use the Secure Sockets Layer (SSL) technology available with the
latest release (as of the date hereof) of Netscape's Navigator browsing
software. Client acknowledges that SSL is only one way to encrypt data, and
that means other than encryption may be available to protect data. Client also acknowledge that SSL will not
work if Client's browser software has not been set up to use it. Nonetheless, Client acknowledges that
neither Provider nor the Internet guarantee privacy for communications on the
Internet, whether exchanging financial, personal or other data with websites or
otherwise.
34. Client
also acknowledges that Information needs protection beyond the time it is being
exchanged between the Internet and Client. For instance, the way Client stores
files on its computer could make the Information unprotected once transfer has
occurred. In the extreme, theft of the
computer itself could lead to unauthorized use of Information.
35.
Client agrees to notify Provider promptly of any actual or suspected breach of
security or unauthorized use of its account(s). Breach of this provision is
material.
36.
Provider makes no warranty as to the safety of Information on the Internet,
during transmission or while stored, even if on Provider's computers.
DIALUP
ACCOUNTS
37.
Provider dialup accounts are intended for use by an individual human
being. Multiple concurrent logins are
prohibited, and will logged off immediately upon detection. Users of 'user mode IP' programs (such as
TIA) may use one additional login via telnet in addition to the initial login. Shell account users may not run programs which
provide network services from their accounts, such as IRC or MUD servers.
38.
Provider accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges
accounting, or attempts to run programs while not logged in by any method, are
prohibited.
39.
Provider accounts operate on shared resources.
Clients are prohibited from excessive consumption of resources,
including CP time, memory, disk space, and session time. The use of resource-intensive programs which
negatively impact other system users the performance of Provider systems or
networks is prohibited, and Provider staff may take action to limit or
terminate such programs. If you have requirements to use high
resource utilization programs, please contact admin@nanoceond.com for assistance on how Provider can accommodate your
requirement, without degradation of service.
40.
Password security is the responsibility of the individual user. Good passwords should be a minimum of six
characters long, contain at least one number or symbol, and are not based on
any dictionary word or common name.
Clients may not share passwords or accounts with others. Provider does not have a list of your
password online, if you have forgotten your password or need it changed,
written verified identification will be needed to access your password.
41.
While Provider accounts are accessed using telephone lines, Provider is not a
provider of telephone service, does not bill for its services through any
telephone companies, and is not in any way affiliated with such companies. Provider will provide telephone access
numbers to its Clients which are, to the best of Provider's knowledge, local
telephone calls. It is the sole
responsibility of the Client, however, to determine whether Provider's access
telephone numbers are local telephone calls.
Provider will not be responsible for any long distance, metered or other
charges incurred by Clients.
DSL
ACCOUNTS
42. If client prefers to supply necessary
equipment to connect the DSL line.
Nanosecond, Inc. must approve said equipment prior to installation of
service.
43.
All DSL accounts (except for wireless DSL month to month packages) require a
one year commitment. There is an early
cancellation charge, based on the package you have chosen. These early cancellation charges along with
all other account fees are payable prior to installation of service. If client elects the “month-to-month” option
and cancel the service without returning the equipment in original condition,
the client is financially responsible for the price of replacing the equipment.
44.
The hardware and software necessary to configure Internet is present and in
working order. If these are not
present, Nanosecond, Inc. reserves the right to assess a $95.00 onsite
evaluation fee or any other charges necessary to make machine ready to
configure Internet software, with a 1 hr minimum. This includes modems, software, connectors, cables, etc.
45.
Nanosecond, Inc. provides first time DSL configuration on client’s
machine. Nanosecond is not responsible
if the software or set-up becomes defective due to installation of other
software or hardware to your machine after the initial configuration set-up of
the DSL service. Billing begins as soon
as the installation is complete. All
DSL service charges are non-refundable.
46.
Nanosecond, Inc. will not be held responsible for any problems that occur after
the configuration of DSL service.
Nanosecond, Inc. recommends that the clients purchase a commercial copy
of the browser software or download a free copy of Microsoft’s Internet
Explorer or Netscape Navigator.
Nanosecond, Inc. cannot supply technical support for products that the
manufacture of the product has discontinued support. Windows software, such as Windows95, Windows98 or Windows2000
already have the software installed, new software is not necessary, Nanosecond,
Inc. will configure your software for you.
Macintosh computers using MAC OS/8.5 or higher already has the software
installed, new software is not necessary; Nanosecond, Inc. will configure your
software for you. Nanosecond, Inc. STRONGLY recommends client USES a hardware or
software firewall.
47.
Nanosecond, Inc. may elect to review your equipment to diagnose problems you
may have while on the Internet.
Nanosecond, Inc. is not in the business to perform repairs on client
computer; therefore any suggestions Nanosecond, Inc. may make for changes with
client hardware are strictly at the client discretion to accept or reject. Nanosecond, Inc. is only one opinion, of a
solution to a problem and in no way claims to be the final option on potential
computer problems. Nanosecond, Inc.
recommends that client secure the services of a computer service
technician. Nanosecond, Inc. may at its
discretion recommend a computer service technician; but in no way warranties
the computer service technician’s work.
Nanosecond, Inc. expects to work with client’s computer service
technician to ensure the computer’s Internet settings are configured properly.
48.
Third party e-mail programs (Eudora, Pegasus, Lynx, etc.) or browsers are
supported at an additional cost. Unix
configurations are the sole responsibility of the Client. Clients using Microsoft Exchange Server or
are using Microsoft Outlook 98 / 2000 to retrieve e-mail will be supported at
an additional cost.
49.
Client accounts are defined by the package type purchased. Once client has exceeded terms of purchased
package the client is charged based on the level of package the client is
using. Nanosecond, Inc. does not
“temporarily suspend, turn off, or reduce cost” for service that is not used
during the monthly billing period.
Nanosecond, Inc.’s basic service is sold on a monthly fee basis. It is not transferable, negotiable, or
otherwise discounted if not used. The
DSL service is not for resale by client.
50. If
client is found to be using NAT/proxy server without authorization the client
will be charged the full “Business” package rate. There will be no warning.
51.
All DSL accounts are due and payable prior to the 15th of the month.
If payment is not received, PRIOR to the 16th of the month the
account will be suspended until all outstanding
ACCOUNT BALANCES are paid in full. Thereafter, Provider may require an additional
deposit to secure future payment on the account.
EMAIL
52.
Harassment, whether through language, frequency, or size of messages, is
prohibited. Sending illegal, obscene,
or indecent Information; or using language that is threatening, abusive,
vulgar, or discourteous, is prohibited.
53.
Clients may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email,
the Client must not send that person any further email.
54.
Clients are explicitly prohibited from collecting or "harvesting"
screen names of Provider Clients or Internet users without their express prior
permission, and from sending unsolicited bulk mail messages ("junk
mail" or "spam"). This
includes, but is not limited to, bulk-mailing of commercial advertising,
informational announcements, and religious or political tracts. Such material may only be sent to those who
have explicitly requested it.
55.
Malicious email, including but not limited to "mailbombing" (flooding
a user or site with very large or numerous pieces of email) is prohibited.
56.
Forging header information is not permitted.
57.
Provider accounts or services may not be used to collect replies to messages
sent from another Internet Service Provider, where those messages violate this
Acceptable Use Policy or the Acceptable Use Policy of Provider or that other
provider.
58.
E-mail is the primary method of contact Provider shall have with its
Clients. Email from Provider to its
Clients shall only be sent to their Provider account. Clients are therefore responsible for any
information contained in e-mail sent to their Provider account.
USENET
59.
Postings to USENET newsgroups must comply with the written charters or FAQ's
for those newsgroups. Advertisements
should only be posted in those newsgroups whose charters/FAQ's explicitly
permit them. The poster is responsible
for determining the etiquette of a given newsgroup, prior to posting to
it. Posting illegal, obscene, or
indecent Information; and posting language that threatening, abusive, vulgar, or discourteous is prohibited.
60.
Clients are prohibited from posting the same or similar message to large
numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
61.
Clients are prohibited from posting binary files to newsgroups not specifically
named for that purpose.
62.
Clients are prohibited from canceling or superseding posts other than their
own, with the exception of official newsgroup moderators performing their
duties.
63.
Clients are prohibited from forging header information. This includes attempting to circumvent the
approval process for posting to a moderated newsgroup.
64. A
Client may not solicit mail for any other address other than that of the
Client's Provider account or service, or collect replies after Provider service
has been terminated. Nor may Clients
collect or "harvest" screen names of Provider Clients or Internet
users without their express prior permission.
CHAT
(MAY BE REFERRED TO AS IRC OR INTERNET RELAY CHAT)
65.
Provider is not liable for the content of any communications made on IRC. Provider reserves the right to ban from IRC
usage any Client whose conduct is, in Provider's sole judgement, inappropriate
or disruptive.
66.
IRC robots ("bots" or "clones") may not be run from
Provider shell accounts, or on the Provider server.
67.
Clients are prohibited from using IRC scripts or programs that interfere with
or deny service to other users on any server or host. Clients are also prohibited from engaging in activities which
harass other users. This includes, but
is not limited to, "flooding" (rapidly entering text with the intent
to fill the screens of others), "flashing" (disrupting terminal emulation),
"takeovers" (forcibly seizing operator privileges), attempting to
send private messages to those who do not wish to see them (via
"ignore"), attempting to return to a channel after being banned from
it, and other disruptive behaviors.
PRIVACY
68.
Pursuant to our privacy policy, Provider may use or disclose all Information or
records to satisfy any law, regulation, or other governmental request or to
properly operate its Internet Server and protect itself and its Clients.
CALL
CENTERS
69.
Hours of Operation for Provider Customer Service are from 9am-12 noon and 1pm
to 5pm Pacific Time Monday through Friday.
70.
Hours of Operation for Provider Technical Support are 9am - 12 noon and 1pm to
5pm Pacific Time Monday through Friday, with live representative available for
telephone service.
71.
Provider shall operate its Call Centers during these hours with appropriate
staffing as conditions permit.
72.
Provider will notify Clients of any scheduled maintenance outages by email. It
is the Client’s responsibility to read emails distributed by Nanosecond, Inc. in
their entirety and to contact Provider for clarification if necessary.
73.
Any business shall be conducted through telephone, postal mail, or electronic
mail correspondence, Walk-in service is not
provided.
74.
Client acknowledges that use of language that is profane, obscene, threatening
or abusive towards Provider's representative may result in termination of
service and possible legal action.
CUSTOMER
WEB SITES
75.
Provider reserves the right to suspend or terminate Customer's Website, or to
require the removal of links or other content on through Customer's Website if Provider, in its sole discretion,
decides any Information on Customer's Website is objectionable, offensive,
unprofessional, immoral, unethical, in poor taste, illegal, obscene, or indecent.
UPDATES
76. If
Client disagrees with any of the foregoing, Client shall immediately notify
Provider, and Provider shall then have the right to terminate Client’s
access. If Client does not notify
Nanosecond, Inc. of any disagreement with posted Service Terms and Conditions,
Client’s failure to notify shall be considered an acceptance of said Service
Terms and Conditions.
This
Agreement represents the complete agreement and understanding between
Nanosecond, Inc. and the Client with respect to the subject matter herein, as
amended from time to time by Provider.
In the event that any term or provision of this agreement is held by a
court to be unenforceable, then the remaining provisions shall remain in full
force and effect.
DISPUTES
77.
The laws of the State of Nevada shall govern the validity, construction and
performance of this agreement. In the
event of any disputes arising out of or relating to this agreement, such
dispute shall be resolved in Minden, Nevada, and the prevailing party in any
such dispute shall be entitled to reasonable costs, including collections
costs, and attorney fees. Except for
actions initiated by Provider to collect amounts due under this Agreement, any
dispute arising out of, or concerning, this Agreement, shall be submitted to
binding arbitration under the Uniform Arbitration Act of the State of Nevada.
Venue shall be the County of Douglas, State of Nevada. THE DECISION OF THE ARBITRATOR
SHALL BE FINAL AND BINDING ON THE PARTIES.
TERMINATION
78. Nanosecond, Inc. reserves the right to
terminate an account at any time for violation of this agreement. Nanosecond, Inc. further reserves the right
to modify, change or add any additional terms or conditions upon advance
notice. I have read and agree to these Service Terms and Conditions. This agreement is to be accepted in its
entirety and “AS IS”. The applicant may
not modify, change or add any additional terms or conditions.
Questions about this policy should be
sent via e-mail to: admin@nanosecond.com
Reports of activity in violation of this
policy may be sent in e-mail to: admin@nanosecond.com
