Myrmidon Corporation / The Park Net Acceptable Use Policy
AGREEMENT
Myrmidon Corporation / The Park Net (hereby known as “The Park Net”) is an interactive online service provider of Internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of The Park Net. Subscriber henceforth agrees to compliance with all terms of service use.
RELATIONSHIP
The relationship between the subscriber and The Park Net is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, The Park Net reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by The Park Net regarding this agreement at all trial and appellate court levels.
UNAUTHORIZED USE
Questions regarding acceptable use of The Park Net should be sent to info@thepark.net.
Unauthorized use of The Park Net services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use or possession in one's account of programs in order to interfere with The Park Net's system, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; or, placing files containing commercial software in file areas accessible by the public.
Subscriber shall not allow unauthorized connections to The Park Net, unauthorized reselling of The Park Net, or the solicitation of The Park Net users to become subscribers to other online service providers in competition with The Park Net, nor shall the subscriber make any unauthorized copies or duplications of any The Park Net material, advertising, forms, brochures, pamphlets and the like which is the property of The Park Net.
Any subscriber attempting to harm or cause damage to The Park Net equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair any damage they may have caused.
Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the discretion of The Park Net.
TIME LIMITS
A standard The Park Net account provides access to browse the Internet, and should only be connected when a user is actively using the Internet. A standard The Park Net account shall not be used to run a server providing an information service over a user's modem connection such as an FTP or WWW server. A connection held for extended periods of time by automated methods or server software are in violation of this Policy, and will have their connection terminated or account suspended.
Although an Unlimited Park Net account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection will automatically be disconnected after four (4) consecutive hours of connectivity.
“Unlimited” access does not mean “dedicated” access. Subscribers may not use any automatic methods to avoid inactivity disconnect. The Park Net reserves the right to bill subscribers the dedicated rate for continued abuse.
The Park Net may take any one or more the following actions in response to violations of this Acceptable Use Policy:
Issue written or verbal warnings
Suspend the customer's account
Terminate the customer's account
Deny the customer future service
Bill the customer for administrative costs and/or reactivation charges, as appropriate
TECHNICAL SUPPORT POLICIES
The Park Net offers free technical support to assist customers with the setup and configuration of The Park Net Internet accounts.
The customer must confirm with their local telephone provider that calling any access number is a local call. The Park Net is not responsible for any long distance charges incurred.
The Park Net phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. The Park Net phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g., Windows, MacOS, or Unix).
Customers may also receive E-Mail based technical support from support@thepark.net. E-Mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.
The Park Net does not offer technical support by means other than telephone or E-Mail. Support is not available by visiting our administrative offices, nor do technicians make personal visits to customer's premises. The Park Net does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our customers connection to the Internet. The Park Net Technical Support is unable to provide support for "alpha", "beta" or pre-release software. The Park Net Technical Support is only able to provide technical support for products or services sold directly by The Park Net.
The Park Net is not responsible for the performance of services provided by organizations outside of The Park Net: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by The Park Net, the operation or reliability of any Internet server or computer not owned or operated by The Park Net.
BILLING PERIOD
All new services provided by The Park Net will be billed one month in advance and will include all applicable local, State and Federal taxes. Any additional hourly charges or single-use special charges will be billed during the following invoice cycle. Credit card authorized payments will be billed in the same manner. Accounts are not invoiced on a monthly basis and must be applied to a credit card. Accounts shall automatically renew at the end of their term date. Payments not received within 30 days of invoicing will be subject to a 1.5% financing charge. The Park Net reserves the right to terminate or discontinue service at any time.
RETURNED CHECKS
A returned check charge of $25.00 will be incurred for all returned checks.
MINIMUM PAYMENT
A minimum payment of one (1) month will be assessed on all new accounts. The subscriber is responsible for choice of service and payment remittance.
BILLING DISPUTES
Billing disputes with The Park Net may be sent to the Billing Department via E-Mail at info@thepark.net. You may also contact the billing department by phone at 262.641.0608. Termination of service does not nullify payment amounts incurred prior to termination. Agreements or contracts on a basis other than monthly (yearly, quarterly, etc.) can be canceled via E-Mail or by phone at 262.641.0608. Subscriber is still obligated to pay any and all fees until termination of the contract is finalized.
CANCELLATION POLICY
Charges are not prorated if you choose to cancel your account prior to the end of your billing period. You may elect to have your account closed at the end of the current billing cycle.
DISCLAIMER
The Park Net service provided is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The Park Net expressly disclaims any representation or warranty that The Park Net service will be error-free, secure or uninterrupted. No oral advice or written information given by The Park Net, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason.
Under no circumstances, including negligence, will The Park Net, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use The Park Net service, including but not limited to reliance on any information obtained on The Park Net service; or that result from mistakes, omissions, interruptions, deletion of files or E-Mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to The Park Net records, programs or services. You hereby acknowledge that this provision will apply whether or not The Park Net is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from The Park Net or its affiliates. The terms of this section shall survive any termination of this agreement.
MODIFICATION OF TERMS
The Park Net reserves the right to modify this policy at any time and without advance notice.
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