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Acceptable Use Policy
Service Terms and Conditions
ERF Wireless, Inc. (ERF Wireless) is dedicated to providing its customers with the highest quality Internet connection available. Our Acceptable Use Policy (AUP) is designed to help protect our customers and the Internet community from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals and any disruption of Internet services. Examples of such activities are given below.
This document provides a general understanding of ERF Wireless policy on the Appropriate Use of ERF Wireless services. Common sense and judgment are a necessary part of any system of rules, and this AUP is no exception. Of course, flagrant or repeated violations of the Policy are viewed in a very different light than minor infractions.
The Acceptable Use Policy defines the actions which ERF Wireless considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to ERF Wireless customers. If you are unsure whether any contemplated use or action is permitted, please send mail to Support and we will assist you.
If an ERF Wireless Internet account is used to violate the AUP, we reserve the right to terminate the account owner's service without notice and charge a systems administration fee of up to $100.00. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary. However, flagrant violations of the AUP will result in immediate termination of service.
E-Mail
Commercial E-Mail:
Unsolicited commercial e-mail (UCE) is defined by ERF Wireless Internet as a commercial e-mail message sent to one or more e-mail address that was not specifically requested by the owner of the e-mail address. Sending unsolicited commercial e-mail from or through ERF Wireless servers is prohibited. Using an ERF Wireless Internet e-mail address to collect responses from unsolicited commercial e-mail is prohibited.
Mail Bombing:
Sending large volumes of unsolicited e-mail to one or more e-mail accounts is prohibited. Harassment, whether through language, frequency or size of messages, is prohibited.
Impersonation:
Attempting to impersonate any person, including the use of forged IP addresses, domains, headers or other identifying information, is prohibited.
News
Newsgroup Spamming:
Excessive cross-posting or excessive posting of the same article to several newsgroups is prohibited.
Off-Topic or Inappropriate Postings:
There is no restriction on content, except as defined by each newsgroup. Posting of off-topic or inappropriate articles is prohibited. (Commercial advertisements are off-topic in almost all newsgroups.)
Internet Relay Chat (IRC)
Violation of any accepted policies on IRC servers is prohibited.
General
Network Unfriendly Activity:
Activities which adversely affect the ability of other people or computer systems to use ERF Wireless services or the Internet are prohibited. The running of Client modules (i.e. e-mail programs) that create usage activity when no user is present is prohibited. Customers are prohibited from transmitting on or through any of the ERF Wireless services, any material or speech that is, in ERF Wireless' 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. ERF Wireless will comply with the notice and take down procedures outlined in the Digital Millennium Copyright Act (DMCA), 17 USC 512(C).
Privacy Violations:
Attempts to gain unauthorized access to any computer system or data through ERF Wireless services is prohibited.
Customer Privacy:
It may be necessary for ERF Wireless employees to examine system accounting logs and other records to resolve system problems. ERF Wireless reserves the right to access an account's mailbox to resolve system problems or mail system errors.
Under normal circumstances, ERF Wireless does not monitor the activity of accounts except for measurements of system utilization and billing records. However, ERF Wireless will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including, but not limited to, illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
This agreement is between the Customer and ERF Wireless, Inc. ("ERF Wireless"), a Texas corporation, with its main office at 2911 South Shore Blvd. Suite 100, League City, TX 77573 for the provision by ERF Wireless or its contractors, subcontractors, suppliers or vendors of certain computer network services, equipment and use of equipment and the provision to the Customer of certain equipment to facilitate such access as described below.
- ERF Wireless exercises no control whatsoever over the data and information passing through its network facilities. It is the Customer's total responsibility to assess the value of any information received. However, the Customer is hereby put on notice that ERF Wireless in certain situations will attempt to prohibit the flow or transit of any illegal use or data over, through, or by its network facilities. Regardless of whether or not ERF Wireless attempts to prohibit such practices, use of any information obtained or sent via the ERF Wireless communications service is at the Customer's own and sole risk and liability. Neither ERF Wireless nor its contractors, subcontractors, suppliers and vendors has any liability arising in any way from the Customer's use, retrieval or transmission of any kind or quality of data in any way related to ERF Wireless' network facilities. ERF Wireless, its contractors, subcontractors, suppliers and vendors, specifically deny any responsibility for the accuracy, quality or decency of information obtained through its services. Customer releases ERF Wireless, its contractors, subcontractors, suppliers and vendors from any liability, damage, loss or expense in any way related to network use described above and related to Customer's data, computer system or information that Customer may have obtained, sent or stored on Customer's computer system or other equipment, whether valuable or private. Customer agrees that any use by Customer of ERF Wireless' services or equipment is completely voluntary.
- ERF Wireless and its suppliers and vendors make no warranties of any kind, whether expressed or implied, as to the service or equipment it is providing. ERF Wireless, on behalf of ERF Wireless and its vendors and suppliers, disclaims any warranty of merchantability or fitness for a particular purpose with regard to same. Neither ERF Wireless nor its vendors or suppliers has any liability arising in any way from the Customer's use of the services and equipment provided by it. ERF Wireless and its vendors and suppliers will not be responsible or liable for any interruption, failure quality or consistency of service. As a condition of the service provided by ERF Wireless to Customer, Customer hereby releases ERF Wireless and its contractors, subcontractors, suppliers and vendors, and agrees to indemnify and hold ERF Wireless and its contractors, subcontractors, suppliers and vendors harmless, from any liability, damage, loss or expense in any way related to interruption, failure or quality or consistency of service provided or not provided by ERF Wireless. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by its own negligence, errors or omissions or Customer's negligence, or errors or omissions. ERF Wireless service is provided at "best effort" and does constitute any guaranteed level of service. ERF Wireless reserves the right to disconnect Customer from its network at any time for maintenance of repairs.
- Customer agrees that ERF Wireless and its services may only be used for lawful purposes. Transmission of any material in violation of any US or state 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. Customer agrees to indemnify and hold harmless ERF Wireless from any claims, damages, expenses or losses resulting from the service or Customer's use thereof or in any way related to any unauthorized use by Customer or any other party. Any access to other networks through ERF Wireless services by Customer must comply with the rules appropriate for that other network. It is the Customer's responsibility to seek out and to understand and to comply with the policies of other networks.
- ERF Wireless does not provide technical support for the Customer's software or hardware. This includes, but is not limited to, the installation and setup of any program necessary to access ERF Wireless' service. It is the Customer's responsibility to work with the manufacturer of its software, operating system and hardware to resolve any installation or operating problems. ERF Wireless will assist Customer when and if it can, but it cannot supply technical support for all of the various products available. Please call ERF Wireless for more details on these supported products.
- Unless other special and separate written arrangements are made, the network connection Customer is purchasing is strictly for private use. This means the Customer is not allowed to resell, loan or share with others the connection in any way, shape or form. For Dial-Up connections, the Customer may not use any device or program that causes the connection to remain established during the Customer's absence from direct interactive operation of Customer's computer. The term "unlimited" is defined as - you may stay connected as long as you are interactively doing something and your connect time does not qualify as "dedicated". The term "dedicated" is defined as maintaining a connection with an average daily connect time of over 8 hours a day, sustained over a 30-day period. You may not force a constant connection. ERF Wireless reserves the right to disconnect any Dial- Up connection that has been on-line for more than 6 (six) continuous hours, or anytime where ERF Wireless finds abuse of the above provisions.
- Payment from Customer for services rendered or to be rendered by ERF Wireless is due to ERF Wireless upon Customer's receipt of the invoice for such services. Statement balance is due on receipt. Accounts are past due if payment is not received within 15 days after the date of the invoice. Billing is in advance of the following month's service. All payments for service are for a full period of service (example, a period of a month) whether the Customer uses the service for the full period or not. No prorating of the service period will be offered. If the Customer's check is returned unpaid, the Customer is immediately in default and subject to a returned check charge of $35.00 from ERF Wireless. If credit card payment is declined, the account is in default and subject to suspension without notification. Suspended and canceled accounts may be charged a re-activation fee of $25.00. Unpaid accounts may have their service immediately interrupted without notice. Such interruption does not relieve Customer from the obligation to pay the current account charges including any re-activation charges if applicable. An act of default accelerates payments to be due immediately, as credit is no longer being extended. If the Customer cancels the account, the account will terminate at the next billing cycle. When the Customer cancels the account with 30 days advance notice, the account will terminate on the next billing cycle. After that time, no further billing or charges will be incurred. There will be no prorating of partial months in the event of cancellation.
- If the Customer defaults, the Customer agrees to pay ERF Wireless its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions of contract.
- ERF Wireless reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying Customer 30 days in advance of the effective date of the change. These Terms and conditions of contract supersede any previously published Terms and Conditions and the use of ERF Wireless services will constitute your acceptance of these Terms and Conditions as well as any other conditions that may be separate from this document.
- ERF Wireless reserves the right, at its sole discretion, to terminate Customer's service at any time and for any reason.
- Accounts setup for credit card billing or bank drafts are renewed automatically and the credit card or bank account may be debited without prior notification until the account is canceled. Any changes needing to be made to an existing account either card type, new or requested billing changes must be made in writing 30 days in advance of the next billing date, or the change will go into effect on the following billing cycle.
- All cancellations of accounts by Customer must be made in writing or e-mailed 30 days in advance of the requested cancellation date. Early terminations penalties may apply.
- ERF Wireless is not responsible for any toll charges based on the Customer selecting incorrect phone numbers.
- ERF Wireless services are dependent on 3rd party delivery of circuits, and those 3rd parties will provide such circuits only on the condition that those 3rd parties be held harmless for any damage, cost, expense or liability arising from ERF Wireless' or Customer's use of same, and neither ERF Wireless nor those 3rd parties bear any responsibility or liability for loss of service due to the failure of these 3rd party vendors to deliver or perform under the relationship between ERF Wireless and those 3rd party vendors. By Customer's use of ERF Wireless' services, Customer agrees to those conditions.
If you have questions or comments, please Send us an e-mail.
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