OOIDA ISP
OOIDA INTERNET SERVICE AGREEMENT
Please read this Internet Service Agreement carefully. It governs your use
of OOIDA Internet services and Web sites (collectively the "Services").
By continued use of the Services, you agree to be bound by this Agreement.
This Agreement applies whether you are a Subscriber to OOIDA ISP Internet
Services or are accessing the Services as a visitor.
1. Subscription; Rates; Payment
You must be at least 18 years old to subscribe to OOIDA Internet
Services (the "Services"). You may subscribe to the Services by calling
(866) 833-4530. The OOIDA ISP ("OOIDA") representative will provide you with
rate and fee information and, upon your subscription, will assign you a
username and password to access the Services. We reserve the right to
change the terms and conditions, including any charges associated with the
use of OOIDA ISP Internet Services or discontinue certain access
arrangements or Services from time to time. Posting of the updated Service
Agreement will constitute notice to you of any such changes, however,
OOIDA will use reasonable efforts to provide you with ten (10) days
advance notice of any changes that adversely impact you. Changes will be
effective upon notice. You remain responsible for regularly reviewing
these terms and conditions and any additional terms posted on the OOIDA ISP
website. Your continued use of the OOIDA website after the effective
date of such changes constitutes your acceptance of and agreement to such
changes.
Rates quoted do not include charges by local, toll or long distance
communications service providers or any sales, use or excise taxes or any
other governmentally imposed fees or charges. You are solely responsible
for determining if use of a particular access number will cause you to
incur long-distance, toll or other charges. We are not responsible for any
long-distance, toll or other telecommunications charges you incur.
Subscribers must (i) provide OOIDA with accurate and complete billing
information including legal name, address, telephone number and credit card
information. and (ii) report to OOIDA all changes to this information
within 30 days of the change.
You are responsible for all charges to your account. You agree not to
reveal your password to other users and to indemnify and hold harmless
OOIDA for any improper or illegal use of your account.
You consent to changes made to software registry by OOIDA's setup
program.
If you choose to add services at a later date to your account, you
authorize us to perform a credit check.
2. Limitations on Use of Service; Usage Policy
You are solely responsible for usage of the Services through your account
including, but not limited to, all e-mail, messages and data that you or
another
user creates under your username and password and you agree that PowerNet
Global acts as a passive conduit for the transmission of such data. We do
not actively monitor use of the Services under normal circumstances.
Similarly, we do not exercise editorial control over the content of any Web
site, e-mail transmission, message, news group, or other material created
or accessible over or through the Services, except certain proprietary Web
sites. Nevertheless, we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability, or which may
violate this Internet Service Agreement.
Services Limited to Personal Use - You may only use the Services for
personal use. Using a personal account for high volume or commercial use
(e.g. revenue generation, advertising, etc.) is prohibited.
Connection Limitations – OOIDA accounts are limited to one PPP login
per customer at any given time. To insure the system is not abused and all
customers have equal access, a connection will automatically be
disconnected after 8 consecutive hours of connectivity. Specific
prohibitions include, but are not limited to, running a Web server on a
system connected to OOIDA, automatically checking e-mail or pinging to
prevent disconnection for inactivity. We reserve the right to terminate any
connection suspected to be non-interactive and to use automated methods of
detecting non-interactive use.
Website Hosting – Personal Web sites may not be used to promote a business.
Personal Web sites are limited to a throughput of 1MB per day. A personal
Web site that exceeds this throughput will be disabled until the following
day.
Message Storage and Outbound Messages – The amount of e-mail storage space
for OOIDA e-mail is currently limited to 3MB, and some e-mail messages
may not be processed due to space constraints or outbound message
limitations.
Illegal Use – The Services may not be used to transmit any material (by
e-mail, uploading, posting or otherwise) that, intentionally or
unintentionally violates any applicable local, state, national or
international law, or any rules or regulations promulgated thereunder.
Harm to Minors – The Services may not be used to harm, or attempt to harm
minors in any way. Such use includes, but is not limited to, requesting
personal or other information from a minor, including without limitation,
any of the following: full name, home address, social security number,
e-mail address, telephone number, picture, or the name of their school.
Threats; Harassment – The Services may not be used to transmit any material
(e-mail, uploading, posting or otherwise) that harasses another or that
threatens or encourages bodily harm or destruction of property.
Fraudulent Activity – The Services may not be used for making fraudulent or
misleading offers to sell or buy products, items or services or to advance
any type of financial deception including, without limitation, "pyramid
schemes," "ponzi schemes," and "chain letters."
Forgery or Impersonation – The Services may not be used to add, remove or
modify identifying network header information in an effort to deceive or
mislead or to impersonate any person by using forged headers or other
identifying information.
Unsolicited Commercial/Bulk E-mail –The Services may not be used to
transmit or facilitate transmission of any unsolicited commercial or
bulk
e-mail.(SPAM)
OOIDA restricts the number of recipients on a single
email message to a maximum of 50.
Unauthorized Access – The Services may not be used to access or attempt to
access the accounts of others, or to penetrate, or attempt to penetrate
security measures of OOIDA’s or another entity’s computer software,
hardware or electronic communications system, or telecommunications system,
whether or not the intrusion results in corruption or loss of data.
Collection of Personal Data – The Services may not be used to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent.
Resale – The Services may not be resold the without written authorization
of OOIDA.
Network Disruptions – The Services may not be used for any activity that
adversely affects the ability of other people or systems to use the
Services or the Internet. Such activities include, without limitation,
attacks against another network host or individual user, interference with
or disruption of other network equipment, and allowing others, actively or
passively, to use the Services for illegal or inappropriate actions.
Reporting Violations of Usage Policy – We request that anyone who believes
that there is a violation of the Usage Policy report the violation to
OOIDA at
abuse@pngusa.net. Please provide, if available (1) the IP
address used to commit the alleged violation; (2) the date and time of the
alleged violation including the time zone; (3) any evidence of the alleged
violation. E-mail with full header information provides all of the above,
as do syslog files.
OOIDA may, but is not obligated to take any of the following actions in
response to a complaint: (1) issue written or verbal warnings; (2) suspend
the violators newsgroup privileges; (3) suspend or terminate the violator’s
account; (4) bill the violator for administrative costs and/or reactivation
charges; or (5)bring legal action to enjoin violations and/or to collect
damages, if any caused by the violation. PNG does not waive its right to
take any of the above actions by choosing one course of action over another
at any particular time. OOIDA need not take the above listed actions in
any particular order but is free to take any action it deems necessary in
response to the complaint.
3. Technical Support
OOIDA offers phone and e-mail-based technical support. Technical
support is not offered by any other means. E-mail messages requesting
technical support are answered based on priority and most messages will
receive a response by the end of the next business day following receipt.
Technical support is available for assistance with problems involving the
process of dialing into the system and establishing an Internet connection,
as well as problems concerning the sending and receiving of Internet
E-Mail. Technical support is not to be used for other applications
including, but not limited to, questions regarding writing, setting up, or
maintaining web pages, hardware or software problems or how to use any
operating system..
4. Disclaimer and Limitation of Liability
OOIDA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OOIDA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OOIDA MAKES
NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANIDISE, INFORMATION OR
SERVICE PROVIDED THROUGH OOIDA OR THE INTERNET GENERALLY. NO ADVICE OR
INFORMATION GIVEN BY OOIDA OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. OOIDA AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR
DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR OF
THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, OOIDA’S
CUMULATIVE LIABILITY TO ANY SUBSCRIBER OR VISITOR FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF
SERVICE FEES PAID DURING A ONE YEAR PERIOD.
IN THE EVENT YOU HAVE CHOSEN HIGH SPEED SERVICE, OOIDA DOES NOT WARRANT
THAT THE SERVICES WILL BE FIVE (5) TO SIX (6) TIMES FASTER. ACTUAL
PERFORMANCE MAY VARY AND ALL OF THE ABOVE DISCLAIMERS APPLY AS
WELL.OOIDA DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS OR
SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. OOIDA MAY
PROVIDE SOFTWARE TO ASSIST YOU IN SCREENING POTENTIALLY OFFENSIVE WEBSITES
BUT DOES NOT WARRANT ITS PERFORMANCE OR EFFECTIVENESS. OOIDA ISP HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR USE OF THE SERVICES. YOU
ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, PRODUCTS, AND
OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET.
5. Copyright Policy
OOIDA respects the intellectual property of others, and we require our
Subscribers and Visitors to do the same. We may, in appropriate
circumstances and at our sole discretion, terminate the passwords and
accounts of users who infringe the intellectual property rights of others.
Please see PNGUSA’s Copyright Complaint Information
for details.
6. Privacy
We are committed to protecting your privacy and to providing you with a
safe, secure and enjoyable experience on the Internet. OOIDA encourages
you to read its Privacy
Policy carefully.
7. Indemnification
You agree to indemnify OOIDA and its partners, agents, affiliates,
suppliers and content providers against all claims, liability, damages,
costs and expenses, including, but not limited to attorney’s fees, arising
out of or relating to your use of the Service.
8. Jurisdiction
This Agreement, and any dispute hereunder, will be governed by the laws of
the State of Ohio. The exclusive jurisdiction for any dispute arising out
of or relating to OOIDA or this Agreement shall be the state and
federal courts located in Hamilton County, Ohio. You consent to the
personal jurisdiction of such courts with respect to such matters or
otherwise between you and OOIDA, and waive your rights to removal or
consent to removal and any objections to venue.
9. Termination
Without prior notice, we may terminate your password, your account, or your
use of the Services, for any reason, including, without limitation, if we,
in our sole discretion, believe you have violated this Agreement or any
other applicable user policies, or if you fail to pay any charges when due.
If you are dissatisfied with the Service or any related terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive remedy
is to discontinue using the Service and, if you are a Subscriber, to
terminate your account.
You may terminate your account at any time for any reason by providing
notice of intent to terminate to OOIDA by calling OOIDA ISP Technical
Support Department at (866) 200-3700.
10. Revisions to this Policy
We reserve the right to revise or modify this Internet Service Agreement at
any time. Notice of all revisions or modifications will be posted on
OOIDA’s Web site. Your continued use of the Services following the
issuance of any revised or modified version of this Agreement manifests
your assent to be bound by this Agreement as modified or revised.