Terms Of Use and Acceptable
Use Policies
RANGEWEB.NET Internet Access Agreement
This RANGEWEB.NET Access Agreement ("Agreement") is entered into by
the subscriber ("you") and RANGEWEB.NET. (“RANGEWEB”). This Agreement
sets forth the terms and conditions under which you agree to use RANGEWEB
Service and under which RANGEWEB agrees to provide services to you.
THESE TERMS AND CONDITIONS IMPOSE IMPORTANT REQUIREMENTS ON YOU REGARDING
YOUR USE OF RANGEWEB'S SERVICE AND YOU SHOULD READ THEM CAREFULLY. You
and RANGEWEB agree to the following terms and conditions:
1. SCOPE OF SERVICE
1.1 RANGEWEB will provide you with access to RANGEWEB Online dial-up,
or as applicable, RANGEWEB DSL Internet Access Service (the "Service")
in accordance with the terms of this Agreement. The Service consists
of: (a) access to the Internet, (b) a license to use Microsoft Internet
Explorer, or Netscape Communicator/Netscape NavigatorTM, as applicable,
(c) use of an electronic mail account or multiple accounts where available,
(d) access to Usenet or other newsgroups, (e) optional Personal Web
Space, (f) optional managed e-mail messaging with business DSL and (g)
if applicable, DSL transport when combined with the Service.
1.2 Service may be temporarily unavailable or limited because of capacity
limitations and may be temporarily interrupted or curtailed due to circuit
or equipment failures, or due to modifications, upgrades, relocations,
repairs, and similar activities necessary for the proper operation of
the Service. RANGEWEB may, at anytime, without notice or liability,
restrict the use of the Service or limit its time of availability in
order to perform maintenance activities and to maintain session control.
2. AUTHORIZED USER
2.1 You warrant that the information for your registration with the
Service is correct and complete, and you agree to contact RANGEWEB to
update your information promptly. RANGEWEB will provide you with a User
Identification code ("UserID") and password for each account purchased
to enable your access to the Service.
2.2 You warrant that you are eighteen years of age or older and that
you are responsible for all usage of the Service and any other services
accessed through the Service on your account. You further agree that
your use of the Service will only be from the United States.
2.3 You may not use more than one IP address for each log-on session.
DSL customers may connect multiple computers/devices within a single
location to their DSL line and access the Service through a single DSL
account and a single IP address.
2.4 You may not resell the Service or engage in similar activities,
commercial or non-commercial, which constitute resale, use the Service
for high volume or commercial purposes, or as a dedicated or quasi-dedicated
line, except as noted below for DSL customers, as determined by RANGEWEB
at its sole discretion. If your dial-up account is idle for fifteen
(15) minutes, it will be subject to log-off automatically and without
notice. An account session may be deemed to be idle if there appears
to be no interactive, human generated data received from the remote
user's computer system within a prescribed amount of time. Automated
data is not considered interactive or human generated; automated data
includes but is not limited to data generated by an automatic re-dialer,
script or other program that runs on a computer system for the purpose
of avoiding inactivity disconnects, and the automated checking of e-mail
or "pinging" the host to maintain a constant connection. RANGEWEB reserves
the right to audit connections electronically to enforce the above requirements.
DSL customers use quasi-dedicated connections and may not be subject
to disconnection due to inactivity.
2.5 RANGEWEB will issue e-mail account names based upon availability.
If you surrender your account by changing it, terminating your account,
or because your account is terminated for cause, RANGEWEB shall not
be obligated to reserve your e-mail account name or to receive or forward
e-mails addressed to that account.
3. TERM AND TERMINATION
3.1 This Agreement goes into effect upon completion of your order and
shall continue, subject to the terms of this Section 3, until terminated
by either party as permitted by this Agreement. Order completion occurs
upon your submission of an order for service. Billing for your Service
will automatically begin upon registration of your account and partial
months service will be pro-rated based upon the date of completion.
Registration may be accomplished either by you or by RANGEWEB.
3.2 Termination Provision Applicable to Month-to-Month DSL and Dial-Up
Customers. Either party may terminate this Agreement without cause by
giving notice to the other in accordance with the notice provision set
forth at Paragraph 14.5 below. Termination by you will be effective
immediately upon your notice to RANGEWEB and is subject to your payment
of the remaining balance of the charges applicable to your Service for
the month in which termination occurs. Activation or set-up fees paid
at the initiation of your DSL Service are not refundable.
3.3 Termination Provision Applicable to Customers with Contractual
Service Commitments for an Annual Period. The term of service for customers
with an annual service commitment shall be for twelve (12) consecutive
months beginning with the date of registration (the "Initial Term"),
and continuing thereafter on a month-to-month basis until terminated
by either party as permitted by this Agreement. In the event you terminate
your Service before completing the initial term, then without limitation
to any other remedy RANGEWEB may have, you agree to pay RANGEWEB upon
discontinuance of the Service a termination fee equal to the sum
of the remainder of the months in the initial term. Activation
or set-up fees paid at the initiation of your Service are not refundable.
If you terminate your service at any time after the Initial Term you
will be responsible for the balance of charges for the month in which
you give notice to RANGEWEB. Customers with a twelve (12) month service
commitment who change their Service level or location may be subject
to additional charges and/or a new twelve (12) month commitment.
3.4 Termination Provision Applicable to DSL Customers. RANGEWEB DSL
Service uses telephone connections provided by Range Telephone. Accordingly,
if you change your local telephone company, or your telephone service
is disconnected for any reason, RANGEWEB will be unable to continue
DSL Service and will terminate your account and you will be responsible
for associated termination and reconnection fees. Voice telephone line
monthly service and installation charges are not included in the offered
DSL packages; these charges are itemized separately on your Range Telephone
bill.
3.5 All obligations of the parties under this Agreement which, by their
nature, would continue beyond the termination, cancellation or expiration
of this Agreement, including by way of illustration and not limitation
those clauses relating to Limitation of Liability and Remedies (Section
12) and Indemnification (Section 13), shall survive such termination,
cancellation or expiration.
3.6 If, in the sole discretion of RANGEWEB: (a) you are in breach of
any of the terms of this Agreement (including all policies regarding
abuse and acceptable use of the Service), (b) your use of the Service
is disruptive or causes a malfunction of the Service, or (c) RANGEWEB
receives an order from a court of competent jurisdiction to terminate
your service, then RANGEWEB may terminate or suspend your Service immediately
without notice. For termination in accordance with this Section 3.6,
you shall be liable for the applicable fees and/or Equipment charges
set forth in Sections 3.2, 3.3 or 3.4(depending on which fees or charges
are applicable). The foregoing notwithstanding, RANGEWEB reserves the
right to pursue any and all legal and equitable claims against you pertaining
to your use or misuse of the Service. RANGEWEB, in its sole discretion,
may refuse to accept your application for renewal or re-subscription
following a termination or suspension of your use of the Service.
3.7 In the event there is a ruling, regulation, or order issued by
a judicial, legislative or regulatory body causing RANGEWEB to believe
that this Agreement may be in conflict with such rules, regulations,
and orders, RANGEWEB may terminate this Agreement immediately without
notice.
3.8 You agree that if your Service is terminated for any reason, RANGEWEB
has the right to delete all data, files and other information stored
in or for your account.
4. REVISIONS
4.1 You agree that RANGEWEB may revise the terms and conditions of
this Agreement (including any of the policies which may be applicable
to your use of the Service) by posting such revisions at the RANGEWEB
portal page. You agree to review the portal page periodically to be
aware of and review any such revisions. Increases to pricing shall be
effective thirty (30) days after posting; decreases in pricing shall
become effective immediately after posting; and revisions to any other
terms and conditions shall be effective seven (7) days after posting.
By continuing to use the Service after revisions are in effect, you
accept the revisions and agree to abide by them.
5. MANAGEMENT OF YOUR DATA
5.1 You are solely responsible for obtaining, installing, configuring,
and maintaining suitable equipment and software, including any necessary
system or software upgrades, patches or other fixes, which are or may
become necessary to access the Service and to operate your computer.
You understand that DSL bandwidth is provided on a per line basis, and
that the speed and bandwidth available to each computer or device connected
to the network will vary depending upon the number and types of computers
or devices using the Service and the type of use (e.g., streaming media
or downloading larger files, etc.).
5.2 You are responsible for management of your information, including
but not limited to back-up and restoration of data, erasing data from
disk space you control and changing data on your router. You are responsible
for development and maintenance of any security procedures you deem
appropriate, such as logon security and encryption of data, user ID
and password on your router and firewalls, to protect your information.
RANGEWEB is not responsible for back-up and restoration of your information.
If at any time during the period you use the Service RANGEWEB provides
free or for-fee software or peripheral equipment, including without
limitation, client and/or network security software, you agree that
your sole right to recourse, including but not limited to damages for
failure of such software to perform, is against the manufacturer of
such software or peripheral equipment.
6. BILLING AND PAYMENT
6.1 RANGEWEB fees for your Service are supplied to you during the ordering
process and/or registration process, and as may be updated at the RANGEWEB
portal site. You are responsible for updating your customer information
(e.g., name, address, telephone number) and billing information (e.g.,
credit card number, expiration date) with RANGEWEB as soon as it changes.
6.2 You agree to pay the RANGEWEB charges for your Service. Activation
fees, installation fees, equipment charges and other non-recurring charges,
if applicable, will be included in your first month's bill. RANGEWEB
will bill your credit card or your Range Telephone bill, as appropriate
and as subsequently approved, for Service provided to you under this
Agreement, plus all applicable taxes. Monthly recurring charges will
be billed one month in advance of Service.
6.3 Service to you may be denied or discontinued without notice at
anytime in the event:
A) Services can no longer be billed through you local telephone
bill
B) Your credit card is denied
C) The credit card expiration date, which you gave to RANGEWEB, is reached
without having been updated.
6.4 RANGEWEB is not responsible for any additional charge(s) or fee(s)
applied to your billing account, for any reason, including but not limited
to, interest, insufficient credit or insufficient funds. 6.5 RANGEWEB
does not guarantee or warrant that any dialup access numbers provided
will be a local call from your location. RANGEWEB IS NOT RESPONSIBLE
FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE, METERED
LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. YOU SHOULD
CHECK WITH RANGE TELEPHONE TO DETERMINE WHETHER A DIAL-UP NUMBER YOU
HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES
APPLY.
6.6 If any portion of your bill is not paid by the due date, RANGEWEB
may charge you a late fee on unpaid balances and may also terminate
your Service without notice. The late fee will be the lesser of one
and one-half percent (1.5 %) per month, or the highest rate permitted
by law. In the event RANGEWEB utilizes a collection agency or
resorts to legal action to recover monies due, you agree to reimburse
RANGEWEB for all expenses incurred to recover such monies, including
attorney's fees.
6.7 The waiver of any fees or charges lies solely in the discretion
of RANGEWEB.
7. SOFTWARE LICENSES
7.1 "Software" as used herein means software owned by RANGEWEB or licensed
to RANGEWEB by its third party licensors, providers or suppliers and
provided to you in conjunction with Services subject to this Agreement.
7.2 RANGEWEB provides to you, by means of download, CD or other media,
in connection with its provision of the Service, the use of Software.
You may use the Software only as part of or for use with the Service
and for no other purpose.
7.3 If a separate license agreement accompanies or is included with
your Software, your use of the Software is governed by the terms of
that license agreement ("End User License Agreement"). You may not install
or use any Software that is accompanied by or includes an End User License
Agreement unless you first agree to the terms and conditions of the
End User License Agreement.
7.4 With regard to any Software, which is not accompanied by an End
User License Agreement, you are hereby granted a revocable, non-exclusive,
non-transferable license by RANGEWEB or its third party licensors, providers
or suppliers, to use the Software (and any corrections, updates and
upgrades). You may not make any copies of the Software. You agree that
the Software is the confidential information of RANGEWEB or its third
party licensors, providers or suppliers, which you shall not disclose
to others or use except as expressly permitted herein. The Software
contains copyrighted material, trade secrets, patents, and proprietary
information owned by RANGEWEB or its third party licensors, providers,
or suppliers. You may not de-compile, reverse engineer, disassemble,
attempt to discover any source code or underlying ideas or algorithms
of the Software, otherwise reduce the Software to a human readable form,
modify, rent, lease, loan, use for timesharing or service bureau purposes,
reproduce, sublicense or distribute copies of the Software, or otherwise
transfer the Software to any third party. You may not remove or alter
any trademark, trade name, copyright or other proprietary notices, legends,
symbols, or labels appearing on or in copies of the Software. You are
not granted any title or rights of ownership in the Software. You acknowledge
that this license is not a sale of intellectual property and that RANGEWEB
or its third party licensors, providers or suppliers continue to own
all right, title and interest, including but not limited to all copyright,
patent, trademark, trade secret, and moral rights, to the Software and
related documentation, as well as any corrections, updates and upgrades.
The Software may be used in the United States only, and any export of
the Software is strictly prohibited.
7.5 RANGEWEB'S third party licensors, providers, and suppliers do not
provide any technical assistance or support with regard to the Software.
RANGEWEB provides technical assistance and support for Software in accordance
with its policies.
7.6 Your license to use the Software shall remain in full force and
effect unless and until terminated by RANGEWEB, its third party licensors,
providers or suppliers, or until your Service account is terminated.
Upon termination, you must cease all use of the Software and either
delete the Software from your computer or return all copies of the Software
to RANGEWEB.
8. PERSONAL WEB SPACE
8.1 Personal Web Space ("PWS") may be made available to you as an optional
feature of the Service.
8.2 Additional terms and conditions applicable to PWS are covered in
the RANGEWEB Internet Services Acceptable Use Policy (“AUP”). In the
event of a breach by you of the terms and conditions applicable to PWS,
RANGEWEB has the right to immediately terminate your PWS without notice.
RANGEWEB has the right to delete all data, files, and other information
stored on or for your PWS.
9. E-MAIL MESSAGING
9.1 E-mail accounts and Service may be made available to you as part
of or as an optional feature of your service.
9.2 Additional terms and conditions, where applicable, are included
in the AUP. In the event of a breach by you of the terms and conditions
applicable to e-mail usage, RANGEWEB has the right to immediately terminate
your Service without notice. RANGEWEB has the right to delete all data,
files, and other information stored on or for your EMS upon termination
of your Service for any reason.
10. ACCEPTABLE USE AND YOUR RESPONSIBILITIES
10.1 You agree to comply with the terms set forth in the AUP and Your
Responsibilities, which is attached hereto and incorporated herein.
11. LIMITATIONS ON USE AND WARRANTIES
11.1 The Internet is an international computer network of both government
and non-government inter-operable packet switched data networks. The
Internet is not owned, operated or managed by, or in any way affiliated
with RANGEWEB, and RANGEWEB is not responsible and has no control over
the information or materials accessible via the Internet through use
of the Service. RANGEWEB does not own or control all of the various
facilities and communications lines through which access may be provided.
11.2 You agree and acknowledge that through your use of the Service,
you may have access to information, which may be sexually explicit,
obscene or offensive, or otherwise unsuitable or objectionable, especially
for children under the age of eighteen (18) years old. You agree to
supervise usage of the Service by any minors who use your UserID to
access the Service. RANGEWEB is not responsible for access by any users,
you or minors, to objectionable or offensive information or data.
11.3 You agree that your use of the Service and the Internet, without
limitation, is your sole responsibility, is solely at your own risk
and is subject to all applicable local, state, national and international
laws and regulations.
11.4 You agree that the reliability, availability and performance of
resources accessed through the Internet or other services connected
or linked to RANGEWEB'S Service are beyond RANGEWEB'S control and are
not in any way warranted or supported by RANGEWEB.
11.5 You agree that RANGEWEB cannot and does not guarantee or warrant
that files available for downloading through the Service will be free
of viruses, worms, Trojan horses or other code that manifests contaminating
or destructive properties. You are responsible for implementing adequate
procedures to satisfy your particular requirements for accuracy of data
input and output and for maintaining a means external to the Service
for the reconstruction of any lost data. 11.6 You agree that the Internet
is not a secure network and that third parties may be able to intercept,
access, use or corrupt the information you transmit over the Internet.
RANGEWEB is not responsible for invalid destinations, transmission errors,
or corruption or security of your data.
11.7 You understand and agree that RANGEWEB does not warrant the Service
to be uninterrupted or error-free. You further understand and agree
that RANGEWEB has no control over third party networks or web sites
that you may access in the course of your use of the Service, and that
delays and disruptions of other network transmissions are completely
beyond the control of RANGEWEB. RANGEWEB makes no warranty regarding
any transactions executed through the Service. RANGEWEB cannot and will
not guarantee that the Service will provide Internet access that meets
your needs.
11.8 You are not authorized to use any RANGEWEB.NET name or mark as
a hypertext link to any RANGEWEB Web site or in any advertising, publicity
or in any other commercial manner without the prior written consent
of RANGEWEB. You understand that your ability to link to a Web site
through the Service does not, in any way, represent or imply RANGEWEB'S
approval of, or its determination of the quality of that product or
service. The links provided through the Service are maintained by their
respective organizations, who are solely responsible for their content.
12. LIMITATION OF LIABILITY AND REMEDIES
12.1 The Service is provided on an "as is" or "as available" basis.
Do not use the Service in any high risk activities where damage or injury
to person, property, environment or business may result if an error
occurs. You expressly assume all risk for such use. RANGEWEB does not
guarantee that DSL service can be provisioned to your location, or that
provisioning will occur according to a specified schedule. The provisioning
of RANGEWEB DSL service is subject to circuit availability and other
factors, including without limitation, loop length, the condition of
your telephone line and wiring inside your location, and computer/device
configuration and capabilities, among other factors. In the event your
line is not provisioned for any reason, neither you nor RANGEWEB shall
have any duties or obligations under this agreement (other than your
obligation to return for any RANGEWEB-provided equipment, pursuant to
Section 3.1). RANGEWEB does not warrant that the service or equipment
provided by RANGEWEB will perform at a particular speed, Bandwidth or
data throughput rate, or will be uninterrupted, error-free, or secure.
12.2 Except as otherwise specifically set forth in this Agreement,
and as otherwise specifically set forth in any manufacturer warranty
for any equipment provided by RANGEWEB (but only if such warranty is
included with such equipment), RANGEWEB, its third party licensors and
third party providers, disclaim any and all warranties for the Service
and RANGEWEB-provided equipment or software, whether express or implied,
including but not limited to the implied warranties of merchantability
and fitness for a particular purpose, accuracy, non-infringement, non-interference,
title, compatibility of computer systems, integration, those arising
from the course of dealing, course of trade, or those arising under
statute. RANGEWEB does not warrant and shall not service any equipment
you provide. You are solely responsible for any damage self-provided
equipment causes to your property and to the property of RANGEWEB or
any of its affiliates.
12.3 In no event shall RANGEWEB, its third party licensors or third
party providers be liable for: (A) any direct, indirect, special, consequential
or incidental damages, including without limitation, lost profits or
loss of revenue or damage to data arising out of the use, partial use
or inability to use the Service, and any RANGEWEB-provided equipment
provided under this agreement, and with regard to any merchandise, information
or service provided through the Internet or any transactions conducted
on the Internet, even if RANGEWEB has been advised of the possibility
of such damages, or (B) any claims against you by any other party.
12.4 RANGEWEB, its third party licensors and third party providers
disclaim any liability or responsibility arising from any claim that
your access or use of the service provided under this agreement infringes
any third party's intellectual property rights.
12.5 This Paragraph 12 applies to all claims by you irrespective of
the cause of action underlying your claim, including, but not limited
to: (a) breach of contract, even if in the nature of a breach of condition
or a fundamental term or a fundamental breach, or (b) tort, including
but not limited to RANGEWEB'S negligence or misrepresentation.
12.6 All limitations and disclaimers stated in Paragraph 11 above and
this Paragraph 12 above also apply to RANGEWEB'S third party licensors
and third party providers as third party beneficiaries of this Agreement.
Any rights or limits stated herein are the maximum for which RANGEWEB,
its third party licensors and providers are collectively responsible.
12.7 The remedies expressly set forth in this Agreement are your sole
and exclusive remedies.
13. INDEMNIFICATION
13.1 You agree to defend, indemnify and hold harmless RANGEWEB, its
third party licensors and third party providers from and against all
liabilities, costs and expenses, including reasonable attorney's fees,
related to or arising from: (a) any violation of this Agreement by you
(or any parties who use your account, with or without your permission,
to access the Service); (b) the use of the Service or the Internet or
the placement or transmission of any message, information, software
or other materials on the Internet by you (or any parties who use your
account, with or without your permission, to access the Service); (c)
negligent acts, errors, or omissions by you (or any parties who use
your account, with or without your permission, to access the Service);
(d) injuries to or death of any person and for damages to or loss of
any property, which may in any way arise out of or result from or in
connection with this Agreement, except to the extent that such liabilities
arise from the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any intellectual property rights
arising from the use of the Service, software, or the Internet.
14. GENERAL PROVISIONS
14.1 RANGEWEB will not be liable for delays, damages or failures in
performance due to causes beyond its reasonable control, including,
but not limited to, acts of a governmental body, acts of God, acts of
third parties, fires, floods, strikes or other labor-related disputes,
or an inability to obtain necessary equipment or services.
14.2 RANGEWEB'S failure at any time to insist upon strict compliance
with any of the provisions of this Agreement in any instance shall not
be construed to be a waiver of such terms in the future.
14.3 You agree not to assign or otherwise transfer, this Agreement
in whole or in part, including the Software or your rights or obligations
under it. Any attempt to do so shall be void.
14.4 You may have additional rights under certain laws (such as consumer
laws) which do not allow the exclusion of implied warranties, or the
exclusion or limitation of certain damages. If these laws apply, our
exclusions or limitations may not apply.
14.5 Notices required under this Agreement by you shall be provided
in accordance with the methods set forth in the policies of RANGEWEB
or in those of any affiliate, sister or parent company. Notices by RANGEWEB
to you shall be deemed given: (a) when sent to your e-mail address,
or (b) when deposited in the United States mail addressed to you at
last-known address or (c) when hand delivered to your home, as applicable.
Notice of changes to these Terms of Service will be deemed given upon
posting to the RANGEWEB portal page set forth in Section 4, Revisions.
With regard to electronic communications, you and RANGEWEB further agree:
14.5.1 An electronic communication (e.g., 'e-mail') sent containing
your UserID establishes you as its originator and has the same effect
as a document with your written signature on it.
14.5.2 An electronic communication (e.g., 'e-mail'), or any computer
printout of it, is a valid proof of the validity of the original content
of the electronic communication.
14.6 If any provision of this Agreement is determined to be invalid,
illegal or unenforceable, the validity, legality, and enforceability
of the remaining provisions shall not in any way be affected or impaired
thereby, and the unenforceable portion shall be construed as nearly
as possible to reflect the original intentions of the parties.
14.7 You and RANGEWEB agree that the substantive laws of the State
of Wyoming, without reference to its principles of conflicts of laws,
will be applied to govern, construe and enforce all of the rights and
duties of the parties arising from or relating in any way to the subject
matter of this Agreement. You and RANGEWEB consent to the exclusive
personal jurisdiction of and venue of the Montana District Court, Rosebud
County, Montana, for any suits or causes of action connected in any
way, directly or indirectly, to the subject matter of this agreement
or to the service.
Except as otherwise required by law, any cause of action or claim you
may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause
of action is barred.
14.8 Use, duplication or disclosure by any Government entity 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 of DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement. Contractor/manufacturer is RANGEWEB, 2325 East
Front Street, Forsyth, MT 59327.
14.9 RANGEWEB may from time to time automatically measure and monitor
network performance and the performance of your Internet connection
in order to improve the level of Service. RANGEWEB does not share information
collected for the purpose of network or computer performance monitoring
or for providing customized technical support outside of RANGEWEB or
its authorized vendors, contractors and agents. You hereby consent to
RANGEWEB'S monitoring of your Internet connection and network performance,
as set forth above, as they relate to the Service or other services
which RANGEWEB may offer from time to time.
14.10 A copy of the Agreement may be obtained either by telephoning
RANGEWEB at (406) 347-2226 or (800) 927-2643 or by writing to RANGEWEB
at: 2325 East Front Street, Forsyth, MT 59327, Attention: RangeWeb Customer
Service.
14.11 This Agreement, including all Attachments hereto, which are fully
incorporated into this Agreement, constitutes the entire agreement between
you and RANGEWEB with respect to the subject matter hereto and supersedes
any and all prior or contemporaneous agreements whether written or oral.
This Agreement may be revised by RANGEWEB as set forth in Paragraph
4, "Revisions", above. Any terms varying from this Agreement in any
order, written or electronic communication from you are void. In the
event of a conflict between this Agreement and any Attachments, the
terms of the Attachments shall prevail.
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ATTACHMENT A
RANGEWEB'S ACCEPTABLE USE POLICY
1. This Attachment A, "RANGEWEB'S Acceptable Use Policy" sets forth
the RANGEWEB policy on the acceptable use by you of the Service, which
includes your optional Personal Web Space, e-mail, and other services
which may be added from time to time. It is designed to help protect
the Service, RANGEWEB'S customers and the Internet community, from irresponsible
or illegal activities.
2. RANGEWEB reserves the right to decline to provide Service to you,
or immediately to terminate your Service for material breach, if your
use of the Service or your use of a User ID or the User ID of additional
users on your account, whether explicitly or implicitly, and in the
sole discretion of RANGEWEB: (a) is obscene, indecent, pornographic,
sadistic, cruel or racist in nature, or of a sexually explicit or graphic
nature; (b) espouses, promotes or incites bigotry, hatred or racism;
(c) might be legally actionable for any reason, (d) is objectionable
for any reason, or (e) in any manner violates the terms of this Acceptable
Use Policy.
3. You may not use the Service as follows: (a) for any unlawful, improper
or criminal purpose or activity; (b) to post or transmit information
or communications that, whether explicitly stated, implied, or suggested
through use of symbols, are obscene, indecent, pornographic, sadistic,
cruel, or racist in content, or of a sexually explicit or graphic nature;
or which espouses, promotes or incites bigotry, hatred or racism; or
which might be legally actionable for any reason; (c) to attempt to
access or access the accounts of others, to spoof or attempt to spoof
the URL, DNS address, or IP address of RANGEWEB or any other entity
or person, or to attempt to penetrate or penetrate security measures
of RANGEWEB or other entities' systems ("hacking") whether or not the
intrusion results in corruption or loss of data; (d) to bombard individuals
or newsgroups with uninvited communications, data or information, or
other similar activities, including but not limited to "spamming", "flaming"
or denial or distributed denial of service attacks; (e) to transmit
unsolicited voluminous e-mails (for example, spamming) or to intercept,
interfere with or redirect e-mail intended for third parties using the
Services; (f) to introduce viruses, worms, harmful code and/or Trojan
horses on the Internet; (g) to post information on newsgroups which
is not in the topic area of the newsgroup; (h) to interfere with another
person's usage or enjoyment of the Internet or this Service; (i) to
post or transmit information or communications that are defamatory,
fraudulent, obscene or deceptive, including but not limited to scams
such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to
damage the name or reputation of RANGEWEB, its parent, affiliates and
subsidiaries, or any third parties; (k) to transmit confidential or
proprietary information, except solely at your own risk; (l) to violate
RANGEWEB'S or any third party's copyright, trademark, proprietary or
other intellectual property rights, including trade secret rights; (m)
to use more than one IP address without the knowledge and consent of
RANGEWEB; (n) to generate excessive amounts (as determined by RANGEWEB
in its sole discretion) of Internet traffic, or to disrupt net user
groups or e-mail use by others; (o) to engage in activities designed
to or having the effect of degrading or denying Service to RANGEWEB
users or others (including activities that compromise a server, router,
circuit or software; (p) to use any name or mark of RANGEWEB, its parent,
affiliates or subsidiaries, as a hypertext link to any Web site or in
any advertising publicity or other commercial manner; (q) to use your
RANGEWEB account for the purpose of operating a server of any type other
than with the knowledge and consent of RANGEWEB; (r) to use the Service
or the Internet in a manner intended to threaten, harass or intimidate;
(s) to cause the screen to "scroll" faster than other subscribers or
users are able to type to it, or any action that has a similar disruptive
effect, on or through the Service; (t) to use the Service to disrupt
the normal flow of online dialogue, (u) to use the Service to violate
any operating rule, policy or guideline of any other online services
provider or interactive service; (v) to attempt to subvert or to aid
third parties to subvert, the security of any computer facility or system
connected to the Internet; (w) to impersonate any person or using a
false name while using the Service; (x) to install "auto-responders,"
"cancel-bots" or similar automated or manual routines which generate
excessive amounts of net traffic, or disrupt net user groups or e-mail
use by others; (y) to make false or unverified complaints against any
RANGEWEB subscriber, or otherwise abusing any of RANGEWEB complaint
response procedures; (z) to use software or any other device that would
allow your account to stay logged on while you are not actively using
the Service (aa) to export software or any information in violation
of US export laws; (bb) to use the Service in contravention of the limitations
of the pricing plan you have chosen; (cc) for DSL customers who use
static IP, such customers must only use their assigned IP address; or(dd)
to open more than three simultaneous connections to newsgroups at any
one time or to rapidly open and close or create connections for users
other than yourself (our subscriber).
4. Usenet Policy and Posting Restrictions: Usenet comprises a system
of bulletin boards called newsgroups. Usenet access is provided to Internet
access customers of RANGEWEB. RANGEWEB Usenet may not be accessed via
any other network. RANGEWEB will carry newsgroups at their sole discretion.
Requests to add a newsgroup, from any source, will be evaluated on a
case-by-case basis, and added at RANGEWEB'S sole discretion. You must
familiarize yourself with the subjects and established guidelines and
restrictions of any newsgroup in which you participate and we reserve
the right, in our sole discretion to terminate your Service in the event
you violate newsgroup guidelines or restrictions.
5. Copyright Infringement/Repeat Infringer Policy. RANGEWEB respects
the intellectual property rights of third parties, including those granted
under the US copyright laws, and the interests of its subscribers and
content providers on the Internet. You may not store material on, or
disseminate material over, RANGEWEB'S systems or servers in any manner
that constitutes an infringement of third party intellectual property
rights, including rights granted under the US copyright laws. In accordance
with the Digital Millennium Copyright Act (DMCA) and other applicable
law, it is the policy of RANGEWEB to terminate, in appropriate circumstances,
the Service provided to any subscriber or account holder who is deemed
to infringe third party intellectual property rights, including repeat
infringers. Appropriate circumstances may exist where (i) a subscriber
or account holder has been found by a court of competent jurisdiction
to have infringed the copyrights of a third party on two or more occasions,
i.e., a repeat infringer, (ii) where a valid, effective and uncontested
notice has been provided to RANGEWEB alleging facts which are a violation
by the subscriber or account holder of RANGEWEB'S Copyright Policy prohibiting
infringing activity involving RANGEWEB systems or servers, or (iii)
in other cases of repeated flagrant abuse of access to the Internet
(e.g., willful commercial piracy or malicious attempts to destroy the
value of copyrighted works). In addition, RANGEWEB expressly reserves
the right to terminate or suspend the service of any subscriber or account
holder if RANGEWEB, in its sole judgment, believes that circumstances
relating to the infringement of third party intellectual property rights
warrant such action. These policies are in addition to and do not affect
or modify any other rights RANGEWEB may have under law or contract.
6. You shall comply with all applicable local, state, national and
international laws and regulations, including those related to data
privacy, international communications, and exportation or technical
or personal data. You represent that you are not a specifically designated
individual or entity under any US embargo or otherwise the subject,
either directly or indirectly (by affiliation, or any other connection
with another party) to any order issued by any agency of the US Government
limiting, barring, revoking or denying, in whole or in part your US
export privileges. You agree to notify RANGEWEB if you become subject
to any such order.
7. You shall not delete any proprietary designations, legal notices
or other identifiers belonging to third parties from any information
obtained or sent using the Services and shall not impersonate any person
or use a false name while using the Services. You agree to obtain all
required permissions if you use the Service to receive, upload, download,
display, distribute, or execute Software or perform other works protected
by intellectual property laws including copyright, trademark, trade
secret and patent laws. You agree to cooperate with RANGEWEB and provide
requested information in connection with all security and use matters.
You agree to promptly notify RANGEWEB if you suspect unauthorized use
of the Service or of your UserID. You remain liable for unauthorized
use until your notification to RANGEWEB. You agree that your name, UserID
and other identifying information may be placed in our user directory.
8. RANGEWEB reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime
or civil wrong.
9. RANGEWEB reserves the right, but shall be under no obligation, to
monitor your compliance, or the compliance of other subscribers, with
the terms, conditions or policies of this Agreement.
TOP OF PAGE
ATTACHMENT B
RANGEWEB.NET ANTI-SPAM / ANTI-VIRUS PROTECTION TERMS AND CONDITIONS
1. SERVICE AGREEMENT
1.1 This RANGEWEB.NET Anti-Spam / Anti-Virus Protection Terms and Conditions
Agreement ("Agreement") is entered into by the subscriber ("you") and
RANGEWEB.NET ("RANGEWEB"). By using, the Anti-Spam / Anti-Virus Protection
service (“Service”) you agree to be bound by the terms and conditions
herein. You agree to allow RANGEWEB.NET to process incoming e-mail messages
against known SPAM (defined as un-requested, unsolicited e-mail messages
from entities that you have no business or personal relationship with)
filter rules that are implemented automatically on inbound e-mail accounts
that are enrolled in the Service in order to determine if the messages
are unsolicited (SPAM).
2. SCOPE OF SERVICE
2.1 The processing of e-mail messages is by computer-automated systems.
Portions of the Service may be provided to RANGEWEB by third-party vendor(s),
over which RANGEWEB exercises no control. RANGEWEB.NET warrants that
the Service is being provided by automated computer processing and that
NO employee, affiliate, or agent of RANGEWEB is reading your or other
subscribers e-mail messages. The processing required to provide this
Service is limited solely to the determination as to whether an e-mail
message should be considered and treated as SPAM. The Service does not
archive, store, or otherwise collect any e-mail messages or portions
thereof, except as outlined herein.
2.2 RANGEWEB.NET reserves the right to change the method of electronic
processing and filtering used to provide this Service without prior
notice to you. RANGEWEB further reserves the right to disable the Service
temporarily, without notice, to prevent detrimental service degradation
to you and other RANGEWEB subscribers.
2.3 By agreeing to use the Service you acknowledge that the Service
is provided on a “Best Effort” basis and agree that no SPAM / VIRUS
filtering service or technology is 100% effective. You understand that
you may continue to receive unsolicited messages, despite the Anti-Spam
/ Anti-Virus Protection Service being enabled. E-mail messages that
have been determined to be SPAM will be sidelined in the Greymail e-mailbox
that is provided as part of this Service. E-mail messages determined
to be SPAM will be held in a Greymail e-mailbox for fourteen (14) days
before being deleted. Access to your Greymail e-mailbox is provided
solely through the web interface (“webmail”) provided to you as part
of the e-mail service. RANGEWEB acknowledges that from time to time
legitimate e-mail messages that are not SPAM may be flagged by the Service
and placed in your Greymail e-mailbox. As such, you are highly encouraged
to review the content of your Greymail e-mailbox on an interval more
frequent than fourteen (14) days. RANGEWEB is not responsible for e-mail
that is lost or deleted as a result of being flagged and placed in your
Greymail account and not retrieved. You understand that it is strictly
your responsibility to check the contents of your Greymail e-mailbox
in a timely manner. RANGEWEB is not responsible or liable for consequent
actions arising from the deletion of legitimate e-mail placed in your
Greymail e-mailbox and not retrieved.
3. LIMITATION OF LIABILITY AND REMEDIES
3.1 Communications from RANGEWEB, its' parent, subsidiary organizations,
or other likewise linked entities are not considered SPAM. All communications
from RANGEWEB to its customers are exempt from SPAM filtering.
3.2 THE SERVICE PROVIDED BY THE ANTI-SPAM / ANTI-VIRUS PROTECTION SERVICE
AND ITS LICENSORS IS PROVIDED ON A “BEST EFFORT”, "AS IS," "WITH ALL
FAULTS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVICE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING
WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH PURPOSE) AND AGAINST ERROR-FREE
OR UNINTERRUPTED SERVICE.
3.3 EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, RANGEWEB,
ITS THIRD PARTY LICENSORS AND THIRD PARTY PROVIDERS, DISCLAIM ANY AND
ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, THOSE ARISING
FROM THE COURSE OF DEALING, COURSE OF TRADE, OR THOSE ARISING UNDER
STATUTE.
3.4 IN NO EVENT SHALL RANGEWEB, ITS THIRD PARTY LICENSORS OR THIRD
PARTY PROVIDERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR
LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE,
OR INABILITY TO USE THE ANTI-SPAM / ANTI-VIRUS PROTECTION SERVICE.
3.5 RANGEWEB, ITS THIRD PARTY LICENSORS AND THIRD PARTY PROVIDERS DISCLAIM
ANY LIABILITY OR RESPONSIBILITY ARISING FROM ON ANY CLAIM THAT YOUR
ACCESS OR USE OF THE SERVICE PROVIDED UNDER THIS AGREEMENT INFRINGES
ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
4. GENERAL PROVISIONS
4.1 The remedies expressly set forth in Attachment B are your sole
and exclusive remedies under this Attachment.