BCREMC.NET User Agreement and Usage Policy
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BY
USING THE INTERNET ACCESS OFFERED BY bcremc.net
LLC (heretofore referred to as bcremc.net)
OR OPENING THIS PACKAGE, THE USER IS
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF THE USER DOES NOT
AGREE TO ALL THE TERMS OF THIS AGREEMENT, DOES NOT USE INTERNET ACCESS
OFFERED BY bcremc.net THE USER SHOULD RETURN THE PRODUCT TO THE PLACE OF PURCHASE.
THE USER WILL RECEIVE A PRORATED BILL..
THE SOFTWARE AND
DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE INTERNET ACCESS
SERVICE INITIALLY OFFERED BY bcremc.net
IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND
(II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE
IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET
ACCESS. GRANT bcremc.net hereby grants non-exclusive, non-transferable, limited license to
access the Internet through bcremc.net's
network and a non-exclusive license to use its accompanying software
product and accompanying documentation on the following terms: The
User may: use the Software only with the Internet service initially offered
by bcremc.net
in conjunction with the distribution of the Software and Documentation of bcremc.net's
Internet Services, with which it is bundled; use the Software on any single computer; use the Software on a second computer so long as the first and
second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy contains
all the original Software's proprietary notices. The
user may not: use the Software or Documentation in conjunction with any Internet
access or other network service, other than bcremc.net‘s Internet
Services; permit individuals outside the user’s household to use the Software except under the terms above; modify, translate, reverse engineer, decompile, disassemble (except
to the extent applicable laws specifically prohibit such restriction), or
create derivative works based on the Software or Documentation; copy the Software or Documentation (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software
or Documentation; or remove any proprietary notices or labels on the Software or
Documentation. TITLE
Title, ownership
rights and intellectual property rights in and to the Software and
Documentation will remain with bcremc.net and/or its suppliers. The copyright laws of the
United States and international copyright treaties protect the Software.
Title, ownership rights and intellectual property rights in and to the
content accessed through the Software or through bcremc.net’s
Internet Services are the property of the applicable content owner and may
be protected by applicable copyright or other law. This license gives the
user no rights to such content. The user
retains any rights the user may have in data posted by the user to
the Internet. NO
ASSIGNMENT The benefits or
rights conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to the
user. Resale or use of this
connection by another person or persons is prohibited. DEFINITION OF
SERVICES Single Dial-up
Internet Services provide Internet access to one user on one computer for
a single dial-up session. Single
Dial-up Internet Services include Residential Basic Service, Residential
Standard Service, Educational Dial-up Service, Business Single Dial-up
Service, and other single dial-up services that may be provided from time
to time.
Multiple User
Internet Services provide Internet access to one or more users on one or
more computers for single or multiple simultaneous sessions. Business Virtual Direct Service is a Multiple User Internet
Service that provides Internet access through a single dial-up session.
Business Direct Services are Multiple User Internet Services that provide
Internet access through a direct connection. CHARGES AND
BILLING A valid credit
card may be required to open an account for Single Dial-up Internet
Services. A completed Internet Services Application is required for
Multiple User Internet Services. The user
agrees to pay bcremc.net all charges
relating to use of the user’s account(s).
Single Dial-up Internet Service charges will be according to rates and
prices published online at the time of use. Charges for Multiple User
Internet Services will be as stated in the Internet Services Application
or as otherwise agreed in writing by the parties. Charges for other
services, such as promotional offerings and other services to be offered
from time to time, will be according to prices published at the time. Charges at the
date of invoice will include the current month’s access fee, the current
month’s other recurring charges, and additional usage charges incurred
during the prior month, if any. Residential Dial-up customers will be
billed the first of the month following signing up for Internet service.
Charges for all Business Services will be payable by the user commencing
no later than one business day after receipt of application by bcremc.net. For any type of
Internet Service, the user may elect payment by Automated Monthly Payment
Service (AMPS), cash, bank draft, credit card, check or money order. bcremc.net
will send the user an invoice through the mail setting forth all charges
incurred by the user at the end of each bcremc.net
billing cycle. If online
payment or e-billing becomes available, the user may choose those methods
of payments. The user is solely responsible for informing bcremc.net
of new expiration dates and account numbers on the users listed credit
card, or bank draft accounts as appropriate. The
user is responsible for keeping bcremc.net updated when the user’s listed credit card has no
remaining credit. For
payments made by AMPS, your account will be charged each month three (3)
working days before the due date on the user’s
bill. For payments
made by check or money order, the user’s
payment is due in bcremc.net’s office by the due date listed on
the user’s bill. bcremc.net will charge $25 for all returned checks and for bank drafts
declined by the user’s bank,
and the user’s account will be subject to immediate suspension. bcremc.net
will charge a $25 processing fee for all AMPS transactions that are either
denied or cannot be processed for any reason, and the user’s account
will be subject to immediate suspension. If
payment is not received by the date due, the user’s account is
delinquent and subject to a late payment charge of 5% of the net billing. bcremc.net
may at any time charge the users credit card any amount past due
or any balance due at the time of notification to bcremc.net
of a denied bank draft, declined debit card, or check returned for
non-sufficient funds.
If the user
defaults, the user is liable
for any and all attorney fees, court costs and collection agency fees or
commissions if bcremc.net has
to employ these methods in order to collect debts owed to bcremc.net
under this Agreement. Accounts cancelled due to non-payment will be
reported to a credit-reporting agency. The
user agrees to pay for damages and all time, at an average annual internal
hourly cost rate required to correct or respond to the issue, multiplied
times three. The amount to be
a minimum of $100.
OTHER CHARGES The
user is responsible for any
local or long distance phone charges accrued in connecting to bcremc.net.
bcremc.net
is not responsible for any phone charges unintentionally incurred by any
subscriber for any reason. The user also is responsible for providing all
equipment, including computer hardware and software, used in connecting to
bcremc.net.
LIMITATION OF
LIABILITY
bcremc.net exercises no control whatsoever over the content of the
information accessed through bcremc.net’s
Internet Services. bcremc.net’s
Internet Services are provided on an "as is, as available"
basis, without warranty of any kind, expressed or implied, including, but
not limited to, the warranties of performance, merchantability and fitness
for a particular purpose. bcremc.net and/or contributors will have no liability whatsoever
to the user for any claim(s) relating in any way to (i) your inability or
failure to perform research or related work or to work properly or
completely, or (ii) any lost profits or consequential, exemplary,
incidental, indirect or special damages relating in whole or in part to
your rights hereunder or use of, or inability to use, bcremc.net’s
Internet Services. bcremc.net
will not be responsible for any damage suffered by the user , including,
but not limited to, loss of data resulting from delays, non-deliveries,
mis-deliveries or service interruptions caused by the users
own negligence or the users errors
or omissions. Use of any information obtained via bcremc.net’s Internet Services is at the users
sole risk. bcremc.net specifically
disclaims any responsibility for the accuracy or quality of information
obtained through bcremc.net’s Internet Services. Under no
circumstances and under no legal theory, tort, contract or otherwise, will
bcremc.net or its
suppliers or resellers be liable to the user or any other person for any
indirect, special, incidental or consequential damages of any character
including, without limitation, damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other commercial
damages or losses, or for any damages in excess of bcremc.net’s
list price for a license to the Software and Documentation, even if bcremc.net will have been
informed of the possibility of such damages, or for any claim by any other
party. This limitation of liability will not apply to liability for death
or personal injury to the extent applicable law prohibits such limitation.
ALLOWABLE USE bcremc.net will publish its Customer Agreement, including the Allowable Use
Policy, on its web site. These
policies may be revised from time to time. The user agrees to abide by bcremc.net‘s
policies concerning use of bcremc.net‘s
Internet Services as published on line at the time of use. bcremc's Internet Services may only be used for lawful or normal intent
purposes. Transmission of any
material in violation of any federal or state statute or 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. The user agrees to indemnify and hold harmless bcremc.net
from any claims resulting from the users use of bcremc.net’s
Internet Services. On non-business
acounts, commercial advertisements are unwelcome. Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message
to many different off-topic newsgroups, is not allowed. Sending a message,
especially an advertisement, to more than ten
ecipients, is considered by itself spamming unless the individuals
have specifically requested to be added to a mailing list on that topic. E-mail
is a person-to-person medium, not a broadcast medium. Unsolicited
advertisements via e-mail, or via discussion groups whose charter does not
explicitly allow advertisements, are not allowable. Violations of bcremc.net's
Customer Agreement and allowable use policies will result in account
suspension or cancellation and fines as stated in Charges and Billing. UNLIMITED USAGE bcremc.net offers unlimited usage to Single Dial-up Internet Services
customers. "Unlimited usage" does not mean "unlimited
access." Unlimited
dial-up accounts have no hourly charges when the account holder is wholly
and exclusively engaged in personal, interactive Internet use. Personal,
interactive use is set by bcremc.net
at 320 hours. Accounts may
not be used for automated, unsupervised use of the Internet or
simultaneous connections by multiple people. Accounts may not be kept
connected with a keep-alive of any sort, such as setting an e-mail program
to check mail periodically bcremc.net
may disconnect without warning dial-up connections after extended periods
of inactivity or unauthorized use. RESPONSIBILITY FOR
ACCOUNT USE The user is
responsible for all use of the user’s account(s) and
confidentiality of password(s). bcremc.net
will suspend or change access upon notification that the user’s password
has been stolen, lost or otherwise possibly compromised. bcremc.net
is not responsible for the user’s personal
files residing online on bcremc.net owned and controlled computers. The user
will be responsible for independent backup of the user’s
data stored online. The user will be responsible for all access to
and use of bcremc.net‘s Internet
Services by the user’s personnel or by means of the user’s equipment,
whether or not the user has knowledge of or authorized such access or use. If the subscriber
is less than 18 years of age, the application must be signed and these
terms agreed to by a parent or legal guardian, who is responsible for all
charges related to the use of subscriber's account(s).
Copy of photo ID may be required of Internet users. UNAUTHORIZED USE
OF ACCOUNT bcremc.net will react promptly to any use or attempted use of an Internet
account or computer without the owner's authorization. Such
attempts include "social engineering" (tricking other people
into releasing their passwords), password cracking, security hole
scanning, denial-of-service attacks (ping-flooding, sending packets with
an illegal packet size, UDP flooding, half-open TCP connection flooding,
etc.) and the like. Harassment or
abusive use of e-mail and other Internet services are not allowed. bcremc.net will handle
incidents of harassment on a case-by-case basis, consulting with all
parties involved. Any unauthorized
use of accounts or computers by a bcremc.net
user, whether or not the attacked account or computer belongs to bcremc.net,
will result in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and legal action, according
to the seriousness of the attack. LIMITATIONS ON
RESOURCE USAGE bcremc.net reserves the right to impose limits on the total amount of disk
space and other resources available for the user’s use on bcremc.net operated
computers. E-mail accounts
for dial-up account users are subject to a limit of 2MB. bcremc.net reserves the
right to delete, without notice, personal e-mail files that have not been
accessed for more than one month. Disk space for
storage of web pages is available in amounts specific to each Internet
service package. Use of
excess space will be charged on a monthly basis according to rates and
prices published online at the time of use. bcremc.net
reserves the right to remove files that exceed allowed limits. E-MAIL PRIVACY Electronic mail
passes through multiple mail servers on the Internet as it passes from
source to destination. Privacy can never be guaranteed from every possible
mail server; therefore, users seeking total privacy should use some
encryption scheme to render messages unreadable by eavesdroppers. With regards to bcremc.net‘s
mail servers, bcremc.net
places a high value on privacy and will only examine users' mail when
absolutely required, for example when troubleshooting e-mail delivery
problems or being presented with a search warrant for the information. ILLEGAL USAGE bcremc.net prohibits any and all use of bcremc.net‘s
network for illegal purposes. When presented with a search warrant, bcremc.net is obligated to
release any information named therein, and will cooperate with authorities
in any criminal investigation of inappropriate Internet usage.
Such expenses incurred by bcremc.net will be billable to the
offending user as stated in the Charges and Billing Section. bcremc.net recognizes that the legal status of the Internet has not yet been
resolved satisfactorily, either through legislation or court precedent.
Therefore, bcremc.net must make certain decisions regarding the illegality
of various specific actions. Among
the actions bcremc.net considers illegal and therefore will not allow on its
network are: unauthorized distribution of copyrighted material;
exploitation of minors; and unauthorized use of computer resources. bcremc.net
believes the First Amendment rights of free speech, freedom of the press
and freedom of association apply to the Internet to the same degree as
they do to print media and that any attempt to infringe upon those rights
is void of legitimacy. WEB SERVICE bcremc.net provides personal web space to dial-up customers. bcremc.net
includes web service in its enhanced packages and hosts commercial web
pages for a fee. bcremc.net
will handle potentially inappropriate web pages on a case-by-case basis.
Examples of inappropriate information include but are not limited to
downloadable virus code improper use of copyrighted material and obscene
materials. Personal web space
provided under any Single Dial-Up Internet
Service may not be used for purposes that can be deemed as an
attempt to sell a product or service online. Only web space provided under
non-Residential Services account may be used for commercial activity. Domain name
service is available as an optional service.
The user is responsible for domain name registration with InterNIC
and for any fees charged by InterNIC. bcremc.net will charge the current rate for setting up your registered
name. bcremc.net grants the user non-exclusive, non-transferable, limited license
to store documents on a bcremc.net
Internet World Wide Web server, and to use the server at burst bandwidth
speeds up to bcremc.net‘s
full capacity. bcremc.net reserves the right to bill for usage in accordance
with rate and prices published online at the time of use. TERM AND
TERMINATION This agreement
will become effective on the date the service application is entered into bcremc.net‘s
system (no later than the end of one business day after receipt of
application). bcremc.net, at its sole discretion, may terminate this agreement
immediately or suspend the users access
to the service upon any breach of this Agreement by the user . The user is
responsible for notifying bcremc.net of the users wish to terminate the user’s
account, if desired. Charges will continue to accrue until the
users notification to bcremc.net
of account termination, or until the user’s account is cancelled due to
non-payment as stated in "Charges and Billing." If the user’s
account is cancelled due to non-payment, the user
will be in default and subject to any and all late fees and
collection fees payable by the user under
this Agreement. Licenses granted
hereunder will terminate automatically if you fail to comply with the
limitations described herein. Upon
termination, the user must destroy all copies of the Software and
Documentation. EXPORT CONTROLS None of the
Software or underlying information or technology may be downloaded or
otherwise exported or re-exported into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Yugoslavia, Iran, Syria or any country to which the United States has
embargoed goods; or to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and
are representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any such
list. In addition, if
the licensed Software is identified as a not-for-export product (for
example, on the box, media or on the installation process), then the
following applies: except for export to Canada for use in Canada by
Canadian citizens, the Software and any underlying technology may not be
exported outside the United States or to any foreign entity or
"foreign person" as defined by U.S. Government regulations,
including without limitation, anyone who is not a citizen, national or
lawful permanent resident of the United States. By downloading or using
the Software, the user
is agreeing to the foregoing and is warranting
that the user is not a
"foreign person" or under the control of a foreign person. EFFECT OF
AGREEMENT This Agreement
(which will include the current and future Schedules hereto) represents
the complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. MODIFICATION OF
TERMS AND CHARGES bcremc.net reserves the right to change rates or otherwise modify provisions
of this Agreement by notifying the user at least thirty (30) days before
the effective date of the change, by written or online notice. The
users’ use of bcremc.net‘s
Internet Services after such notice will constitute the users acceptance
of the modifications to this Agreement. FORCE MAJEURE bcremc.net‘s performance hereunder is subject to
interruption and delay due to causes beyond its reasonable control such as
acts of God, acts of any government, war or other hostility, civil
disorder, the elements, fire, explosion, power failure, equipment failure,
industrial or labor disputes, inability to obtain necessary supplies,
imperfect software, and the like. SEVERABILITY If any provision
of this Agreement is held to be unenforceable for any reason, such
provision will be reformed only to the extent necessary to make it
enforceable, and all other provisions are unaffected. NOTICES Except as
otherwise provided herein, all notices hereunder will be given in writing
as follows: bcremc.net Columbus, In 47202-0467
GOVERNING LAW This Agreement
will be governed by and construed under the laws of the state of Indiana
except as governed by Federal law. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly included. All
disputes will be settled in Indiana courts. WAIVER Failure of any
party to enforce any provision of this Agreement will not constitute or be
construed as a waiver of such provision or of the right to enforce such
provision. U.S. GOVERNMENT
RESTRICTED RIGHTS Use,
duplication or disclosure of Software and Documentation by the Government
is subject to restrictions set forth in subparagraphs (a) through (d) of
the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015,
and in similar clauses in the NASA FAR Supplement.
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