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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). 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.