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CrossPaths.net Internet User Terms of Service
Last Updated
April 24, 2003
PURPOSE
The Purpose of the CrossPaths.net Internet
User Terms of Service is to provide a public framework and disclosure of
policies in effect and enforced by CrossPaths.net
Internet.
CONTENTS
1. ACCEPTABLE USE POLICY
2. STATEMENT OF
RESPONSIBILITY
3. NEW ACCOUNTS
4. ACCESS TO NETWORK
5. BILLING FOR
SERVICES
6. TRANSFERS, CANCELLATIONS, AND REFUNDS
7. SETUP FEES
8.
TRIAL PROGRAMS
9. PRICE GUARANTEES
10. LATE PAYMENTS / RETURNED CHECKS /
CHARGE FAILURE
11. CUSTOMER SUPPORT
12. INTERNET ACCESS
13. E-MAIL AND
UNSOLICITED BULK E-MAILS (SPAM)
14. WEB HOSTING
15. FTP ACCESS
16.
DOMAIN NAMES
17. USENET
18. DIALER/CONFIGURATION SOFTWARE
19.
THIRD-PARTY CONTENT
20. CONNECTION ENHANCEMENT SOFTWARE
21. REFERRAL
PROGRAMS
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1. ACCEPTABLE USE POLICY
CrossPaths.net
Internet sets forth an Acceptable Use Policy (AUP) with our Terms and Conditions
of Service with the intent of protecting our service, our customers, and other
users of the Internet from potentially abusive actions taken by CrossPaths.net
Internet users. The following policy is non-exclusive; any action about which
there is doubt should be referred to CrossPaths.net Internet for evaluation.
CrossPaths.net Internet reserves the right to alter this document from time to
time, as need dictates.
Any user found violating the terms of service
might be terminated or suspended at any time without prior
notification.
2. STATEMENT OF RESPONSIBILITY
Each CrossPaths.net
Internet account has a password that is the key to gain access to the network
and e-mail accounts. The customer who registered the account is solely
responsible for all access and actions taken with regard to the account. It is
the account owner's responsibility to safeguard the account password(s) and to
ensure that the CrossPaths.net Internet Terms and Conditions of Service are
honored. CrossPaths.net Internet will hold the account owner responsible for any
violations of the Acceptable Use Policy.
Sites directly attached to the
CrossPaths.net Internet server are expected to adhere to the CrossPaths.net
Internet Acceptable Use Policies. The individual who signed up for service is
responsible for educating site users on Acceptable Use Policies. Violations of
the AUP and Terms of Service by directly attached sites will be referred to the
party responsible for the account for resolution.
CrossPaths.net Internet
enforces these policies with respect to CrossPaths.net Internet customers only.
CrossPaths.net Internet is not responsible for abusive actions that originate
from others sites or networks on the Internet.
3. NEW ACCOUNTS
New
accounts are billed as active from the date of signup, regardless of usage,
except for in the event of a free trial period promotion, in which case the
account is billed as active as set in the CrossPaths.net Internet Free Trial
Policy. CrossPaths.net Internet takes no responsibility for delays caused by the
postal service for mailing of software and setup information.
Billing is
set using the monthly anniversary date from when the account was activated. In
the event of a sign-up on the 31st of the month, the last day of the month will
be treated as the anniversary date.
All new accounts are subject to this
Terms and Conditions of Service and Acceptable Use Policy from the time of
account creation. It is the sole responsibility of the account owner to read and
follow this policy.
New Accounts may be subject to a one-time setup fee
as outlined in the Setup Fees section of this document unless otherwise
stated.
4. ACCESS TO NETWORK
Acceptable use of the CrossPaths.net
Internet network facilities does NOT include: attempting to circumvent user
authentication or security of any host, network, or account on CrossPaths.net
Internet systems or the Internet at large ("cracking"); use of CrossPaths.net
Internet systems or networks (willfully or negligently) in a manner that
encumbers disk space, processors, bandwidth, or other system resources so as to
interfere with others' normal use of services on CrossPaths.net Internet or
other systems and networks ("denial of service" attack); activities which
violate local, state, or federal statutes.
5. BILLING FOR
SERVICES
All CrossPaths.net Internet accounts are self-renewing. If
cancellation procedure has not been followed by the start of the next billing
cycle, the account will be charged for that billing cycle.
All
CrossPaths.net Internet accounts are billed periodically for a term determined
at signup. Preferred billing is credit card or automated withdrawal (ACH).
Postal mail billing is available for a monthly fee.
Accounts are billed
on or around the anniversary day of the billing cycle for the account, which
includes charging any automatic payment method. If payment is not collected
within 21 days, the account is considered past due.
Past due notices are
sent out on the 10th and 20th past due date, with the account deactivated on the
30th day past due. An account deactivated for being past-due may be reactivated
if payment is made.
On usage-based accounts, any usage charges for usage
beyond the amount included in the monthly rate will be charged on the following
month's bill.
6. TRANSFERS, CANCELLATIONS, AND REFUNDS
Any
CrossPaths.net Internet customer has the right to cancel their service. All
cancellation requests must be made in writing and submitted via postal mail,
fax, or may be done through an Account Manager. All cancellation requests must
include the current date, the date as of which cancellation is effective, and
must be signed by the account owner. While not required, we would appreciate the
reason for cancellation, so that we might have the opportunity to improve
service for continuing and future customers.
Cancellations must be made
no sooner than 5 business days before the next bill date to insure not being
charged for the next month of service.
When a cancellation has been
confirmed by one of the methods stated above, the cancellation may take effect
any time within 5 business days of the cancellation. Should a user decide to
defer cancellation to a later date, they will need to call back at that later
date to cancel the account.
Should an account owner cancel service, there
are no refunds given for credits on the account or time remaining in the current
paid for billing cycle.
In the case of an account that is charged by
usage, any charges for time beyond that included in the monthly rate will be
charged on a final bill for the cancelled account.
An account owner may
choose to transfer their service to a third-party. In this case, the transfer
must be done through an CrossPaths.net Internet Account Manager. Any usernames,
e-mail addresses, credits on the account, etc., would then be transferred to the
new party. Prior to transfer, payment arrangements for future use of the account
must then be made with the new account owner. The new account owner would then
be subject to the regular Terms and Conditions of Service.
Accounts that
are terminated may have all e-mail deleted and any usernames and e-mail account
names may then be made available for public use.
Any accounts that are
terminated for breaking the CrossPaths.net Internet Terms and Conditions of
Service and Acceptable Use Policy will not be eligible for a refund or transfer
of remaining time or credits. CrossPaths.net Internet retains the right to
cancel any account at any time for any reason.
7. SETUP FEES
New
accounts may be charged a one-time setup fee at the start of regularly billed
service.
Existing accounts switching from one rate plan or service to
another rate plan or service may be charged a one-time setup fee.
Setup
fees are typically waived when changing from one rate plan to a higher rate plan
within a certain service class (for example: switching from a less-featured
dial-up plan to a more-featured dial-up plan would typically not have a setup
fee charged, while switching from a specific dial-up plan to the equivalent DSL
plan would have a setup fee charged.)
Setup fees for initial signups may
be waived from time to time during time-specific or ongoing
promotions.
8. TRIAL PROGRAMS
CrossPaths.net Internet may from
time-to-time and solely at their singular discretion offer a trial period for
certain new signups. For the terms and conditions of the trial programs, the
following free trial policy applies:
THE NUMBER OF FREE TRIAL DAYS BEGINS
AT TIME OF SIGNUP AND ENDS THAT MANY DAYS AFTER, REGARDLESS OF USAGE BETWEEN THE
DATE OF SIGNUP AND THE END OF THE TRIAL PERIOD. TO AVOID BEING CHARGED A MONTHLY
FEE, SIMPLY CANCEL SERVICE BEFORE THE TRIAL PERIOD ENDS.
Premium or
additional services that carry surcharges and communication surcharges may apply
in AK, even during trial time. Additional telephone and/or long distance toll
charges may apply. It is the customer's responsibility to check with their phone
company to determine if additional phone charges may apply. Available to users
in the US, age 18 or older; a payment method accepted by CrossPaths.net Internet
(such as a major credit card) is required at time of signup. Trial is available
to new users of CrossPaths.net Internet only. Trial is not applicable to users
brought into CrossPaths.net Internet through the acquisition of another Internet
provider. Trial may not be transferred to another party after or during use.
Trial may not be used in conjunction with another free service giveaway from
CrossPaths.net Internet.
9. PRICE GUARANTEES
CrossPaths.net
Internet may from time-to-time and solely at their singular discretion offer a
price guarantee for new signups. For the terms and conditions of the price
guarantee programs, the following Price Guarantee policy applies:
Price
guarantee is available to new CrossPaths.net Internet customers only within the
50 United States. After any applicable trial period and until you cancel your
account or select an alternative plan, you will be charged the monthly rate
specified at the time of signup until the number of years included in the price
guarantee after signup has passed, and thereafter you will be charged the
current rate for the plan you are using.
10. LATE PAYMENTS / RETURNED
CHECKS / CHARGE FAILURE
Any CrossPaths.net Internet account that is past
due may be considered with the intent of cancellation at the sole discretion of
CrossPaths.net Internet. The account may be terminated as of that date, and the
account owner will be billed a prorated final bill covering the period up to
that date.
Should the account owner wish to re-activate the account, they
will need to have their account paid up as current, go through the sign-up
process again, and will be required to pay for their account through an
automatic payment process - either via credit card or ACH (where
available).
Returned checks will be subject to a $35.00 returned check
fee on the account, and other payment arrangements will need to be made on the
returned check, otherwise the account will be treated as past due from the
original invoice due date.
In the event that an automatic payment, such
as charged via credit card or ACH, fails to process, the account may be
re-processed until such time the due charge is accepted, including beyond
account deactivation. In the event that the charge is not accepted, the account
holder will be notified to arrange an alternative for payment. If the account
holder cannot be reached, CrossPaths.net Internet may, at their sole discretion,
cancel the account until payment arrangements can be arranged, treat the account
as past due from the date of the uncharged invoice, or transfer the account to a
billed option, with any billing charges due on the
account.
CrossPaths.net Internet reserves the right to add a service
charge of 1 1/2% per month, 18% APR, to all overdue accounts.
Should
CrossPaths.net Internet be required to use a legal or collection service to
collect on a past due account, the account holder will be liable for all
applicable legal and/or collection fees.
11. CUSTOMER
SUPPORT
CrossPaths.net Internet provides technical support via e-mail,
web site, and/or telephone. Support is limited strictly to support of Internet
access and connections, along with related services such as e-mail and web
browsing. No warranties and guarantees, either expressly stated or implied, are
offered in conjunction with support. Support is not guaranteed in cases where a
problem is due to user-error, computer malfunction, software conflicts, or
problems with the connecting unit (such as the phone or DSL line). Support is
not guaranteed on all operating systems or platforms.
Support may be
denied in the case where a problem is not covered under the standard realm of
our support offered, when a caller becomes irrationally irate or profane, or in
a case where support is not included with a particular service.
12.
INTERNET ACCESS
CrossPaths.net Internet does not restrict access to any
web sites, and as such claims no responsibility for content, either desirable or
undesirable, which may be viewed.
Revealing your account password to
others or allowing use of your account by others (other than authorized users)
is prohibited.
12.1 DIAL-UP INTERNET ACCESS
There is an automatic
disconnect set for users that are idle for a period of time decided solely at
the discretion of CrossPaths.net Internet. Idle time is defined as a period
during which no input or output is sent or received across the modem connection.
CrossPaths.net Internet claims no responsibility for auto-disconnect settings
set individually on the users' computers, or for disconnections due to external
factors, such as user modem problems or line noise.
Access to the
CrossPaths.net Internet dial-in servers is limited to access primarily from a
single location and/or from a single dwelling unit of users. Multiple
simultaneous logins to a single CrossPaths.net Internet dial-up account are
prohibited, except in the case where an account is specified for MPPP [bonded
analog lines] access. Allowing third-party access to one's CrossPaths.net
Internet account is grounds for immediate termination of access.
Use of
CrossPaths.net Internet dial-up service as a dedicated modem connection through
use of redialers and idle-time traffic generators is prohibited.
Use of
software or any device that would allow your account to stay logged on while not
actively using CrossPaths.net Internet services is prohibited. Using a dial-up
account for high volume use is prohibited. Dial-up services are intended for
periodic, active use of email, newsgroups, file transfers, Internet chat, games,
and browsing the World Wide Web. Members may stay connected so long as they are
actively using that connection for the above purposes. Members may not use the
Services on a standby or inactive basis in order to maintain a connection.
Accordingly, CrossPaths.net Internet maintains the right to terminate any
member's connection following any extended period of inactivity as determined by
CrossPaths.net Internet. Accounts found in continued violation of this section
will be charged a higher rate for service or may have their account terminated.
The use of “dedicated” dial-up accounts is specifically to allow for
connection during non-use time periods. No warranties or guarantees are given
for line or access availability on a dedicated account beyond that of a standard
dial-up account.
Selection and use of a local (non-toll) access number is
the sole responsibility of the end-user. CrossPaths.net Internet accepts no
responsibility for any toll charges that might occur on a phone bill. If the
end-user is unsure whether or not they are accessing a local call number, they
should check the number they are dialing with their telephone
company.
Dialing into a non-published access number without the express
permission of CrossPaths.net Internet may result in action taken under violation
of these Terms of Service.
CrossPaths.net Internet reserves the right to
temporarily or permanently disable access to an account that shows activity
indicative of a security issue or Terms of Service violation.
13. E-MAIL
AND UNSOLICITED BULK E-MAILS (SPAM)
All CrossPaths.net Internet dial-in
accounts include a certain number of e-mail accounts, which may be separate from
the dial-in user name. It is the responsibility of the account owner to insure
that the AUP and Terms and Conditions of Service are upheld for all e-mail
account users within the main access account.
Acceptable use of e-mail
does NOT include: sending unsolicited mass mailings of any nature, including
those with a "negative option" for continuation (the negative option is inviting
those who do not wish to receive more email to reply to you); sending a large
number of email messages, or singularly large email messages, to a single
address in order to flood someone's mailbox; forging email headers to obscure
the true originator of the message; creating or participating in pyramid schemes
or chain letters; sending harassing email, either by language, size, or
frequency (this includes sending email or real time messages to a person who has
asked explicitly that you do not); activities which violate local, state, or
federal statutes.
CrossPaths.net Internet has a strict policy against
spamming (unsolicited mass mailings). Any user who is found to be spamming,
either directly using the CrossPaths.net Internet e-mail servers and accounts,
or indirectly by relaying to an off-network e-mail server, will have their
account terminated immediately, and without warning.
13.1 E-MAIL VIRUS
SCANNING
The contents of incoming and outgoing CrossPaths.net Internet
e-mail accounts are processed through an e-mail virus scanning server before
delivery. Any messages found to contain known virus code will not be allowed to
send or be delivered but will have a notification sent to the sender and
recipient.
E-mail virus scanning is offered as a benefit but carries no
warranties or guarantees of service.
13.2 E-MAIL SPAM
FILTERING
The contents of incoming CrossPaths.net Internet e-mail
accounts are processed through an e-mail content scanning server before delivery
with the purpose of determining whether the message is likely to be considered
spam (bulk/junk e-mail). This determination is done on a weighted content point
system. Messages that indicate as potential spam are flagged in the message
header and may be re-routed into a web mail folder to prevent direct delivery
into the e-mail inbox.
E-mail spam filtering is offered as a benefit but
carries no warranties or guarantees of service.
14. WEB
HOSTING
Under no circumstance may a site hosted on CrossPaths.net
Internet, either personal or commercial, host illegal or explicit content.
CrossPaths.net Internet reserves the right to remove ANY content hosted on the
CrossPaths.net Internet web server.
Should any site, whether a personal
web site, commercially-hosted site, or other, create an excessive load on the
CrossPaths.net Internet server or data bandwidth, CrossPaths.net Internet may,
at their own discretion, make arrangements with the site creator to raise the
cost of hosting the site or remove the content that is creating the excessive
load.
CrossPaths.net Internet reserves the right to request a Web Service
by CrossPaths.net Internet logo at the bottom of the main index page for any
site hosted on the CrossPaths.net Internet servers. This logo will not exceed
350 x 100 pixels in size.
Acceptable use of CrossPaths.net Internet
web/FTP space does NOT include: distribution of pornographic or otherwise
indecent or offending materials; distribution of restricted software or
materials in violation of copyrights or distribution licenses; distribution of
materials which violates local, state, or federal statutes.
15. FTP
ACCESS
CrossPaths.net Internet does not provide public FTP access. It is
the responsibility of the account owner to restrict usage of FTP to adding,
changing, or deleting web site content. Any account found to allow public use of
their FTP account for any purpose will be terminated without warning.
16.
DOMAIN NAMES
CrossPaths.net Internet provides domain name service for
some site hosting customers. Keeping registry information updated and accurate
is the responsibility of the domain holder and not CrossPaths.net Internet.
Acceptable use of the CrossPaths.net Internet domain name service does NOT
include falsifying or omitting valid domain contact information, including the
administrative, technical, zone, and billing contacts.
CrossPaths.net
Internet customers requiring changes to their domain service and/or records may
contract directly with CrossPaths.net Internet to make changes with the proper
authorities.
17. USENET
Acceptable use of CrossPaths.net Internet
Usenet News service does NOT include: posting unsolicited messages to a large
number of Usenet newsgroups either by cross-posting or posting to individual
groups ("spamming"); attempting to cancel, supersede, or otherwise interfere
with Usenet posts other than one's own; blatant posting of articles which
violate the named charter for specific newsgroups; publishing someone's
real-world data (such as phone number, address, social security number, etc.) in
such a way as to cause the person trouble or to incite others to do so; forging
Usenet header information to obscure the true originator of the message;
activities that violate local, state, or federal statutes.
CrossPaths.net
Internet makes no claims that a specific news server or group shall be
accessible from the CrossPaths.net Internet network nor to length of time
specific messages may be available from the news server.
18.
DIALER/CONFIGURATION SOFTWARE
All software provided by CrossPaths.net
Internet for use in account configuration, general or specific use of the
Internet is governed by individual license agreements. CrossPaths.net Internet
neither makes claims to functionality of any software piece, nor does
CrossPaths.net Internet offer any warranties for use, availability, or
compatibility of software with a given computer.
19. THIRD-PARTY
CONTENT
Some content provided on the CrossPaths.net Internet web site,
along with affiliate web sites, software content and the like, may be provided
by third-parties not directly associated with CrossPaths.net Internet.
CrossPaths.net Internet makes no claim to ownership of third-party content, nor
responsibility for contents, links, views or opinions therein.
20.
CONNECTION ENHANCEMENT SOFTWARE
CrossPaths.net Internet may offer
software that enhances connectivity, allows for additional features, and/or data
logging and blocking features. The use of any such software is guided by the
license and policies for the given feature as well as by these Terms of Service
as a whole. CrossPaths.net Internet neither makes claims to functionality of any
software or feature piece, nor does CrossPaths.net Internet offer any warranties
for use, availability, or compatibility of software with a given computer. Use
of any data logged by such software will fall under the CrossPaths.net Internet
Privacy Policy.
21. REFERRAL PROGRAMS
CrossPaths.net Internet may
from time-to-time and solely at their singular discretion offer a referral
program for certain new signups. For the terms and conditions of the referral
programs, the following general referral policy applies:
A referral is
considered to take place when a new customer account signup has indicated the
CrossPaths.net Internet e-mail address of another valid CrossPaths.net Internet
member when prompted in the sign-up process and when said customer has paid
their first Internet bill. Customers in their free trial period (if applicable)
or who have not otherwise paid on their account are not considered a valid
referral until such a time that any such trial has ended and/or their first
payment has been processed.
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CrossPaths.net Internet RESERVES
THE RIGHT TO RESTRICT OR TERMINATE SERVICE WITHOUT REFUND IN THE EVENT OF A
TERMS OF SERVICE/ACCEPTABLE USE VIOLATION. CrossPaths.net Internet ALSO RESERVES
THE RIGHT TO TAKE ACTION ON ABUSE THAT IS NOT SPECIFICALLY NAMED IN THIS AUP AT
OUR SOLE DISCRETION. USE OF THE CrossPaths.net Internet SYSTEMS AND NETWORK
CONSTITUTES UNDERSTANDING AND AGREEMENT OF THESE POLICIES. THE POLICIES ARE
SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE, WITH THE MOST RECENT VERSION
OF THIS POLICY POSTED TO OUR WEB SITE.
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