This document represents policies and guidelines for acceptable use of internet connections and e-mail through GLW Broadband, its parent company, sister companies, and subsidiaries. It is applicable only to users of our e-mail services and subscribers to internet services. In instances where data communications leave our systems and are sent to other networks on the Internet, users of our networks and connecting networks are advised that the acceptable use polices of other networks are applicable and must be respected.
TITLE: Title, ownership rights, and intellectual property rights are and shall remain with GLW Broadband or its suppliers. Our network content is protected by the copyright laws of the United States and international copyright treaties. Titles, ownership rights, and intellectual property rights in and to the content accessed through GLW Broadband internet services is the property of the applicable content owner and may be protected where applicable by copyright or other law. This License gives you no rights to such content. You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT: The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you and your systems. Other users may use your connection, but only in conjunction with the rules listed above and only on your systems. Resale of this connection or use of this connection outside of your company/home is prohibited.
PURPOSE: GLW Broadband grants you a nonexclusive, nontransferable limited license to access the Internet through their networks on the following terms:
Requirements of Usage-
- To respect the privacy of users of GLW Broadband, and all networks accessible via our systems.
- To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data.
- To respect the integrity of computing systems, and to not use our systems to compromise same.
- To respect common usages of E-mail services.
- To adhere to our Acceptable Use Policy.
- To adhere to our Dynamic and Static IP Policies.
- Use our systems for private, personal, or business communications.
- Use our systems for research or educational purposes.
- Use our systems for data communications in accordance with applicable laws.
You may not-
- Permit other individuals to access our networks except under the terms above.
- Modify, reverse engineer, decompile, disassemble, hack, crash, or otherwise try to affect our networks or services.
- Remove any proprietary notices or labels on our documentation.
- Host Web, FTP, or E-mail services.
- Use our systems for illegal purposes.
- Use our systems to transmit threatening, obscene, or harassing materials.
- Use our systems to interfere with or disrupt network users, services, or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertisements, and using the network to make unauthorized entry into any other machines accessible via GLW Broadband's internet connection. In case of a violation, you are liable for any charges or damages.
- Use our systems to transmit "Chain letters," "broadcasting" messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet or GLW Broadband's connecting networks, or which would significantly interfere with the connectivity of others.
- Use our systems for any malicious purpose, including transmitting slanderous, racist, sexist, or other offensive material.
VIOLATIONS: GLW Broadband will review alleged violations of the Acceptable Use Policy on a case-by-case basis. Violations of policy may result in termination of network services to subscriber. Usage of these networks constitutes an agreement to abide by these guidelines.
CHARGES: Charges for the services provided by GLW Broadband shall be as stated in our services flier/channel lineup and website, or as otherwise agreed in writing by the parties involved.
EQUIPMENT: You are responsible for equipment, including computer hardware and software, used in that connection.
LIMITATION OF LIABILITY: GLW Broadband exercises no control whatsoever over the content of the information accessed through their internet services. Internet services are provided on an "as-is, as-available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability, and fitness for a particular purpose. GLW Broadband and its contributors shall have no liability whatsoever to you for any claim(s) relating in any way to; your inability or failure to perform research or related work or to work properly or completely; any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, GLW Broadband's internet services. GLW Broadband will not be responsible to any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via GLW Broadband's internet services is at your sole risk. GLW Broadband specifically disclaims any responsibility for the accuracy or quality of information obtained through their internet services.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall GLW Broadband or any of its suppliers or resellers be liable to you or any other person for any indirect, limitation, damages for loss of goodwill, work- stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if GLW Broadband shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
ALLOWABLE USE: GLW Broadband's internet services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless GLW Broadband from any claims resulting from your use of their services.
Email that is left on the email server can be automatically deleted after 90 days of nonaccess, and that time is free to be adjusted without notification of the user. Email that has been read must be deleted off the email server or it will be deleted. All email accounts are subject to the same restrictions and policies of access accounts.
BANDWIDTH CAPS: GLW Broadband reserves the right to establish bandwidth caps at any time and on any accounts so that users who the use most should pay the most. GLW Broadband does not guarantee internet speeds. Many factors contribute to variances.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation and fines as stated in the Charges section.
You agree to abide by the policies concerning use of GLW Broadband's internet services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. GLW Broadband reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejections of credit card charges.
RESPONSIBILITY FOR ACCOUNT USE: You are responsible for all use of your account(s) and confidentiality of password(s). GLW Broadband will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. GLW Broadband is not responsible for your personal files residing online on GLW Broadband owned and controlled computers.
You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of GLW Broadband's internet services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access of use.
UNAUTHORIZED USE OF ACCOUNT: GLW Broadband will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and all the like.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. GLW Broadband will handle incidents of harassment on a case-by-case basis, consulting with all parties involved and reserves the right to release customer information to the proper authorities should it discover unlawful activity.
Any unauthorized use of accounts or computers by a GLW Broadband customer, whether or not the attacked account or computer belongs to GLW Broadband, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE: GLW Broadband reserves the right to impose limits on the total amount of resources and disk space available for your use on GLW Broadband operated computers. Email accounts are limited to 25 megs of space. GLW Broadband reserves the right to remove or reject files that exceed this limit. GLW Broadband reserves the right to delete personal files that have not been accessed for more than one month.
EMAIL PRIVACY: Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to GLW Broadband's mail servers, GLW places a high value on privacy, and will only examine users' mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.
ILLEGAL MATERIAL: GLW Broadband bears certain legal liabilities for the use of its computer network and equipment. As such, GLW Broadband must require that its customers do not use its network for illegal purposes. When presented with a search warrant, GLW Broadband is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, GLW Broadband recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore GLW Broadband must make certain decisions regarding the illegality of various specific actions. Among the actions GLW Broadband considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. GLW Broadband believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
TERMS AND TERMINATION: This Agreement shall become effective on the date the service agreement is entered into GLW Broadband's system (no later than the end of one business day after receipt of agreement). GLW Broadband, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
GLW Broadband requests all cancellation notices for accounts being closed be in writing or via phone for the protection of the consumer. You are responsible for notifying GLW Broadband of your wish to terminate your account in writing or via phone, if so desired. Charges will continue to accrue until your notification to GLW Broadband of account termination, or until your account is suspended due to late payment. After 60 days of nonpayment, GLW Broadband reserves the right to close your account; if closed you will then be required to re-subscribe according to policies in effect at that time in order to continue services.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein.
EFFECT OF AGREEMENT: This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order.
MODIFICATIONS OF TERMS AND CHARGES: GLW Broadband reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of GLW Broadband's internet services after such notice shall constitute your acceptance of the modifications of this agreement.
FORCE MAJEURE: GLW Broadband's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY: If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.
NOTICES: Except as otherwise provided herein, all notices hereunder shall be giving in writing as follows:
997 Commerce Dr
Grafton, Ohio 44044
GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the state of Ohio, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER: Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication, or disclosure of Software and Documentations by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Related Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227.7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.