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Gate811 Acceptable Use
Policy
(Subscription
Agreement)
This Subscription Agreement
(hereinafter “Agreement”) is made and entered into
between the Gate811 Internet Service, a division of
Cooke Technology Systems, Inc., a North Carolina
Corporation (hereinafter “Gate811”) and the Gate811
Subscriber (hereinafter “Subscriber”). By signing this
Agreement, signing the Gate811 Internet Account
Application, or accepting it electronically, Subscriber
agrees to all provisions set forth below as Gate811’s
Acceptable Use Policy (hereinafter “AUP”).
General
1. Gate811 offers Internet access and related
services, including the hosting of Web Sites
through its network to its subscribers. This
Agreement sets forth the basic rules, which
apply to Gate811’s services and use of its
system. Gate811 may change this Agreement and
its AUP in the future upon notice published
on-line, via electronic mail or U.S. Postal
Service. If this Agreement, AUP, Gate811’s
services, system or pricing become unacceptable
to the Subscriber, the Subscriber’s only right
shall be to terminate its account in accordance
with Paragraph 8 below.
Lawful Use
2. Gate811’s system and
services may only be used for lawful purposes
and in a manner, which Gate811 believes, in its
sole discretion, to be consistent with the
rights of other Gate811 subscribers and third
parties. While Gate811 is not responsible for
content beyond its servers, content on Gate811
servers must comply with all laws and not
infringe on the rights of any third party.
Without limiting the foregoing, Gate811’s
services and system:
a. Shall not be used
in a manner which would violate any law
or infringe any copyright, trademark,
trade secret, right of publicity,
privacy right or any other right of any
person or entity.
b. Shall not be used
for the purpose of transmitting material
which is libelous, defamatory,
threatening, or legally obscene.
c. Shall not be used
for the purpose of originating of
communications where the message or its
transmission would constitute a criminal
offense, give rise to civil liability or
otherwise violate any local, state, or
federal law.
Changes in Service
3. The services provided by Gate811 and
Gate811’s system are expected to change from
time to time. Gate811 reserves the right to
change any service offered or the features of
any service offered or its system without
notice, including but not limited to changes to
access and use procedures, such as idle
disconnections, and system hardware and
software.
Payment Terms
4. The subscriber agrees to and understands
that the following terms and fees are applicable
to their account and will be applied when the
conditions described are conformant:
a) Subscribers must pay fees per
Gate811’s rate schedule and follow these as
a condition of obtaining access to Gate811’s
services and system.
b) Subscriber agrees to pay setup fee and
first month fee in advance associated with
the requested services described in the
Schedule of Fees before account activation
occurs.
c) Rate changes will be effective 10 days
from posting on the Gate811 site or 10 days
from the date of said change being
distributed by electronic mail.
d) Accounts that have an outstanding
balance 7 days after the billing date are
considered delinquent. Said accounts will be
placed on “hold” status, which allows access
to only electronic mail and Gate811’s
servers, but not to servers outside Gate811.
To reactivate an account after being placed
on “hold”, the subscriber must pay a $5.00
reactivation fee.
e) Accounts that have an outstanding
balance 10 days after the billing date are
considered seriously delinquent. Gate811
reserves the right to terminate/suspend said
account without notice to Subscriber.
f) Subscriber agrees to be responsible
for any and all reconnection fees imposed by
Gate811 for the process of account
reactivation.
g) Accounts
with an outstanding balance due to payment
denial by credit card company will be
charged a $25.00 service charge. Accounts
with an outstanding balance due to payment
denial for the reason of non-sufficient
funds will be charged a $25.00 service
charge. Account may not be reactivated until
all arrears and said service charge plus
reconnection fees are paid in full.
h) Any account
that exceeds its bandwidth limit, will be
charged a fee of $0.01 per MB over the
limit. Any account that exceeds its hourly
limit, may be charged a flat rate or by the
hour ($1.50 per hour over limit).
i) That there
are 3 payment types accepted:
i.
Monthly charge to your Visa, MasterCard, or
Virtual
Check (Bank Debit).
ii. Monthly direct debit to your
checking account.
iii. Prepay by check, cash, money
order, or credit card.
j) Gate811 may change the payment types
above at any time, without notice.
k) Gate811
reserves the right to modify payment types
above for the purposes of promotions and the
like.
l) Payment
types may be changed by the subscriber via
e-mail notifications to billing@gate811.net.
Certain time processing schedules for types
will be applicable to any and all changes.
Payment type changes may incur a $10.00
service charge.
m) Early
cancellation of prepaid accounts will result
in a $20.00 cancellation fee. Only the
unused portion of the prepayment will be
refunded (no partial months) less any
discounts received for prepaying.
Access
5. Subscriber agrees to the following:
a) That the
interpretation of unlimited attended usage
does not guarantee that you will always be
able to access Gate811 or any other service
through Gate811. Rather, “unlimited attended
usage” means that your account invoice shall
be based upon a flat fee regardless of
actual access, and shall not be based upon
actual connect time and/or access.
b) That there
is no limit on hours used, but that
connection is not intended to be a full-time
connection. Line will be disconnected after
30 minutes of inactivity.
c) Subscriber agrees to not use any
automatic or other methods to avoid
inactivity disconnect and to keep the
connection active only when the member is
actively using it.
d) That Gate811 will not be held
responsible for any charges to the
subscriber’s telephone bill. Subscriber
agrees to confirm with the telephone company
that the access number they choose for their
account is a local call for them. It is also
the Subscriber’s responsibility to determine
if the call falls under the ELCS (Extended
Area Service and/or Expanded Local Calling
Service).
e) That Gate811 will not be held
responsible for Subscriber’s inability to
access Gate811 services or any other
services through Gate811 due to:
i. Equipment or software failures on the
Subscriber’s premises.
ii. Equipment or software failures on the
Gate811 premises.
iii. Equipment or software failures
through any upstream provider.
iv. Acts of God, including but not
limited to: Fire, flood, lightning,
windstorm, hail, hurricanes, tornadoes,
vandalism or malicious mischief.
v. Any cause or item not specifically
listed.
f) Subscriber understands and
accepts that no refund of fees
and/or charges will be issued for
the loss of service resulting from
the situations listed in Subsection
e) immediately above.
Non-transferability
6. Subscriber’s account and right to use
Gate811’s services and system is
non-transferable without the express written
consent and permission of Gate811. Subscriber
agrees to protect its password and account
information and keep them secure from
unauthorized users and use.
Customer Restrictions and Responsibilities
7. Subscriber agrees to the following:
a) Compliance with all proprietary and
restrictive notices that may appear in
Gate811 or information and files accessed
through Gate811.
b) Responsibility for maintaining the
security of the password and account
information issued to the Subscriber.
c) To make efficient use of Gate811 and
any service or system accessed through
Gate811.
d) Not to use personal accounts for
commercial purposes. This includes
distribution of services, electronic
transmission or advertisement of services or
goods, as well as commercial or bulk e-mail.
e) Those accounts found in violation of
the above paragraph will be charged
commercial rates from the time of account
activation.
f) To not send unsolicited, bulk,
threatening or harassing e-mail.
g) To not impersonate or attempt to
impersonate any person by use of forged
headers or by altering any identifying
information. The use of anonymous re-mailers
and nickname does not constitute
impersonation.
h) To not engage in activities which
adversely affect the ability of other people
or systems to use Gate811 services or the
Internet.
i) To not attempt to gain access to any
computer system or customer data on the
Gate811 system.
j) That Subscriber’s account will be
terminated immediately without compensation
for activity which causes Gate811’s servers
to be banned from any other service.
k) To cease immediately upon request any
activity that has been determined to cause
over-utilization of Gate811 resources or
bandwidth.
l) That they are responsible for checking
e-mail submissions from Gate811 and acting
upon them immediately as well as monitoring
the Gate811 site for any system notices
posted there.
m) That failure to comply with any or all
articles in paragraph 7 can constitute
immediate account termination without
compensation.
Termination and Suspension
8. Subscriber agrees to the following
termination and suspension conditions:
a) Subscriber must provide notice via
electronic mail, fax, or U.S. Mail 30 days
prior to termination of account. E-mails
requesting termination of account must go to
accounts@gate811.net.
b) Account termination requests must be
made by the authorized user listed on said
account.
c) Gate811 also may, at its sole
discretion, suspend a subscriber’s account
at any time with or without reason. Monthly
charges will not be pro-rated. Termination
and/or suspension do not release liability
for charges due.
d) Gate811 may delete all data, files, or
other information that is stored in
subscribers’ account of hosted Web sites or
e-mail accounts upon termination.
e) Subscriber will be responsible for any
and all fees or charges due at the time of
termination.
f) Provisions set forth in Paragraph 10
will survive termination.
Confidentiality
9. Gate811 treats all Subscriber information
as private. Subscribers are reminded that no
computer system should be safe from intrusion.
E-mail and other data may pass through many
computer systems and should not be considered a
secure means of communication unless encrypted.
Even then, information is only as secure as the
encryption method. (For assistance with
encryption, secure Virtual Private Networking
(VPN), or other security-related issues, feel
free contact us at security@gate811.net).
Gate811 cannot guarantee that its system or
stored data of a subscriber will be free from
unauthorized use or intrusion, or otherwise
guarantee the privacy of any user. Gate811
reserves the right to:
a) Have Gate811 employees examine system
accounting logs and other records to resolve
security and system problems.
b) Access the Subscriber’s mailbox to
resolve system problems or mail system
errors.
c) Provide Subscriber information to
legal authorities when 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.
Limitation of Liability
10. Use of Gate811’s services and system and the
Internet in general is at Subscriber’s sole risk.
Gate811 does not warrant that its services and system
will be uninterrupted, error free, free from
unauthorized intrusion, or that Gate811’s service or
system will meet any particular criteria of performance
or quality: nor does Gate811 make any warranty as to the
results or information obtained from use of its service
or system or the Internet in general. Gate811’s service
and system are provided on an “as-is”, “as-available”
basis without warranties of any kind, either expressed
or implied, including but not limited to implied
warranties of merchantability, fitness for a particular
purpose, compatibility, security or accuracy, all of
which warranties are hereby expressly disclaimed except
to the extent any warranty cannot be disclaimed under
applicable law. Under no circumstances shall Gate811 be
liable for any indirect, incidental, special or
consequential damages, including, without limitation,
loss of profits. Without limiting the foregoing, Gate811
will not be liable for damages resulting from the use or
inability to use all or any part of Gate811’s system or
services, reliance by any person on information obtained
through Gate811’s services or system or the Internet,
deletion or loss of files or e-mail, viruses, any delay
or failure of performance, or unauthorized access to
records or files. The maximum liability of Gate811 to
any subscriber or user for any and all loss, claim,
damage or liability of any kind, included due to
Gate811’s negligence, shall be limited to the amount
paid by the subscriber or user to Gate811 during the
one-month period preceding the claim. The Subscriber
agrees to indemnify and hold harmless Gate811, its
directors, officers, shareholders, agents, employees,
and other subscribers from any and all claims,
liabilities, damages, or expenses including attorney
fees, arising out of or resulting from any and all use
of Subscriber’s account or the Subscriber’s Web
site whether or not authorized.
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