RANGEWEB.NET Internet Access Agreement
This RANGEWEB.NET Access Agreement ("Agreement") is entered into by
the subscriber ("you") and RANGEWEB.NET. ("RANGE"). This Agreement
sets forth the terms and conditions under which you agree to use
RANGE Service and under which RANGE agrees to provide services
to you. THESE TERMS AND CONDITIONS IMPOSE IMPORTANT REQUIREMENTS ON YOU
REGARDING YOUR USE OF RANGE' SERVICE AND YOU SHOULD READ THEM
CAREFULLY. You and RANGE agree to the following terms and
1. SCOPE OF SERVICE
1.1 1.1 RANGE will provide you with access to RANGE
Online dial-up, or as applicable, RANGE 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. RANGE 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 RANGE
to update your information promptly. RANGE 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 RANGE 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. RANGE 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
2.5 RANGE 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,
RANGE 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
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 RANGE 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 RANGE may have,
you agree to pay RANGE 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 RANGE. 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)
3.4 Termination Provision Applicable to DSL Customers.
RANGE DSL Service uses telephone connections provided by Qwest
Communications or Advanced Communications Technology. Accordingly, if
you change your local telephone company, or your telephone service is
disconnected for any reason, RANGE 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
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 RANGE: (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)
RANGE receives an order from a court of competent jurisdiction to
terminate your service, then RANGE 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,
RANGE reserves the right to pursue any and all legal and equitable
claims against you pertaining to your use or misuse of the Service.
RANGE, 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 RANGE
to believe that this Agreement may be in conflict with such rules,
regulations, and orders, RANGE may terminate this Agreement
immediately without notice.
3.8 You agree that if your Service is terminated for any
reason, RANGE has the right to delete all data, files and other
information stored in or for your account.
4.1 You agree that RANGE 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
RANGE 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. RANGE is not responsible for back-up and
restoration of your information. If at any time during the period you
use the Service RANGE 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
6. BILLING AND PAYMENT
6.1 RANGE fees for your Service are supplied to you during
the ordering process and/or registration process, and as may be updated
at the RANGE 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
RANGE as soon as it changes.
6.2 You agree to pay the RANGE 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. RANGE will bill your credit card or your Advanced
Communications Technology 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 RANGE, is reached without having been updated.
6.4 RANGE 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 RANGE does not guarantee or warrant that any dialup access
numbers provided will be a local call from your location. RANGE 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 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, RANGE 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 RANGE utilizes
a collection agency or resorts to legal action to recover monies due,
you agree to reimburse RANGE 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 RANGE.
7. SOFTWARE LICENSES
7.1 "Software" as used herein means software owned by RANGE
or licensed to RANGE by its third party licensors, providers or
suppliers and provided to you in conjunction with Services subject to
7.2 RANGE 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 RANGE 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 RANGE 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 RANGE 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 RANGE
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 RANGE' third party licensors, providers, and suppliers
do not provide any technical assistance or support with regard to the
Software. RANGE 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 RANGE, 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 RANGE.
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 RANGE Internet Services Acceptable Use Policy
("AUP"). In the event of a breach by you of the terms and conditions
applicable to PWS, RANGE has the right to immediately terminate
your PWS without notice. RANGE 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, RANGE has the right to
immediately terminate your Service without notice. RANGE 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
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 RANGE, and RANGE is not responsible and has
no control over the information or materials accessible via the
Internet through use of the Service. RANGE 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. RANGE 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 RANGE' Service are beyond
RANGE' control and are not in any way warranted or supported by
11.5 You agree that RANGE 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
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. RANGE is not
responsible for invalid destinations, transmission errors, or
corruption or security of your data.
11.7 You understand and agree that RANGE does not warrant
the Service to be uninterrupted or error-free. You further understand
and agree that RANGE 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 RANGE. RANGE makes no warranty
regarding any transactions executed through the Service. RANGE
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 RANGE Web site or in any
advertising, publicity or in any other commercial manner without the
prior written consent of RANGE. You understand that your ability to
link to a Web site through the Service does not, in any way, represent
or imply RANGE' 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. RANGE
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 RANGE 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 RANGE shall have any duties or obligations
under this agreement (other than your obligation to return for any
RANGE-provided equipment, pursuant to Section 3.1). RANGE does
not warrant that the service or equipment provided by RANGE 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 RANGE (but only if such
warranty is included with such equipment), RANGE, its third party
licensors and third party providers, disclaim any and all warranties
for the Service and RANGE-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. RANGE 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 RANGE or any of its affiliates.
12.3 In no event shall RANGE, 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 RANGE-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 RANGE has been
advised of the possibility of such damages, or (B) any claims against
you by any other party.
12.4 RANGE, 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 RANGE' negligence or
12.6 All limitations and disclaimers stated in Paragraph 11
above and this Paragraph 12 above also apply to RANGE' 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 RANGE, its third party licensors and providers are
12.7 The remedies expressly set forth in this Agreement are your sole and exclusive remedies.
13.1 You agree to defend, indemnify and hold harmless RANGE,
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 RANGE 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
14.2 RANGE' 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
RANGE or in those of any affiliate, sister or parent company.
Notices by RANGE 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 RANGE portal page set
forth in Section 4, Revisions. With regard to electronic
communications, you and RANGE 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
14.7 You and RANGE 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 RANGE consent to the
exclusive personal jurisdiction of and venue of the Wyoming District
Court, Fourth Judicial District, Sheridan County, Wyoming, 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 RANGE, P.O. Box 7039, Sheridan, WY 82801.
14.9 RANGE 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. RANGE does not
share information collected for the purpose of network or computer
performance monitoring or for providing customized technical support
outside of RANGE or its authorized vendors, contractors and agents.
You hereby consent to RANGE' monitoring of your Internet connection
and network performance, as set forth above, as they relate to the
Service or other services which RANGE may offer from time to time.
14.10 A copy of the Agreement may be obtained either by
telephoning RANGE at (307) 673-0910 or (888) 304-8889 or by writing
to RANGE at: P.O. Box 7039, Sheridan, WY 82801, Attention:
RANGE Customer Service.
14.11 This Agreement, including all Attachments hereto, which
are fully incorporated into this Agreement, constitutes the entire
agreement between you and RANGE 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 RANGE 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.
RANGE' ACCEPTABLE USE POLICY
1. This Attachment A, "RANGE' Acceptable Use Policy" sets forth
the RANGE 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, RANGE' customers and the Internet community, from
irresponsible or illegal activities.
2. RANGE 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 RANGE: (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
RANGE 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 RANGE, 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
ACTACESS' 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
RANGE; (n) to generate excessive amounts (as determined by
RANGE 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
RANGE users or others (including activities that compromise a
server, router, circuit or software; (p) to use any name or mark of
RANGE, 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 RANGE account for the purpose of operating
a server of any type other than with the knowledge and consent of
RANGE; (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 RANGE subscriber,
or otherwise abusing any of RANGE 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 RANGE. RANGE Usenet may not be
accessed via any other network. RANGE 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 RANGE' 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
5. Copyright Infringement/Repeat Infringer Policy. RANGE
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, RANGE' 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 RANGE 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 RANGE alleging facts which are a violation by the
subscriber or account holder of RANGE' Copyright Policy prohibiting
infringing activity involving RANGE 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, RANGE expressly reserves the right
to terminate or suspend the service of any subscriber or account holder
if RANGE, 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 RANGE may have under law or
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 RANGE 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 RANGE and provide requested information in
connection with all security and use matters. You agree to promptly
notify RANGE if you suspect unauthorized use of the Service or of
your UserID. You remain liable for unauthorized use until your
notification to RANGE. You agree that your name, UserID and other
identifying information may be placed in our user directory.
8. RANGE reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrong.
9. RANGE 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.
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 ("RANGE"). 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 RANGE by third-party vendor(s), over which RANGE exercises no control. RANGEWEB.NET warrants that the Service is being provided by automated computer processing and that NO employee, affiliate, or agent of RANGE 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. RANGE further reserves the right to disable the Service temporarily, without notice, to prevent detrimental service degradation to you and other RANGE 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. RANGE 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. RANGE 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. RANGE 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 RANGE, its' parent, subsidiary organizations, or other likewise linked entities are not considered SPAM. All communications from RANGE 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, RANGE, 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 RANGE, 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 RANGE, 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.