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Welcome
to Sand Creek Internet! Sand Creek Internet provides its service to You,
subject to the following Customer Agreement ("Agreement"). This is
a legal agreement between You and the Collective Providers of Sand Creek
Internet, Internet Services ("Sand Creek Internet") for the use of
the Sand Creek Internet portal and Internet access and related features (the
"Service"). If You do not agree to the terms and conditions in this
Agreement, do not register for or use the Service. By using the Service, You
signify Your agreement with the terms and conditions of this Agreement. If
You do not agree to all of the terms and conditions of this Agreement, You
must Uninstall or remove the client software and destroy or return all
associated materials to Sand Creek Internet.
1. THE SERVICE: The Service consists of
dial-up or other Internet Access connectivity to the Sand Creek Internet
portal, as well as access or connectivity to any of the online resources,
which may be provided by Sand Creek Internet or be available from other
service providers participating in or connected to Sand Creek Internet's
Service, including without limitation, (1) programs, devices, enhancements,
changes, upgrades, taxes, charges, changes and any other software, firmware,
or hardware installed and/or added by Sand Creek Internet or third parties as
part of Sand Creek Internet's server configuration or provision of Services
("Features") Unless explicitly stated otherwise, any new or
additional Features that enhance, change, configure, or reconfigure the
current Service shall be subject to the terms and conditions of this
Agreement and, by Your use of the Service after the installation and/or
addition of such Features, You agree to be bound by this Agreement as
enhanced, changed, configured, or reconfigured by such Features.
a. Dial-Up Service Internet
Access Connectivity: Dial-Up access service consists of dial-up Internet
Protocol ("IP") connectivity. On public access numbers, Sand Creek
Internet may, at its discretion, employ various methods and/or Features,
including without limitation 'inactivity timeouts' and session time limits,
to ensure public access lines are not converted to dedicated (24x7)
connections or otherwise used in violation of the terms and conditions of this
Agreement. Sand Creek Internet reserves the right at any time and from
time-to-time to discontinue, change and add access numbers permanently or
temporarily with or without notice.
b. Broadband Internet Access
Connectivity: Broadband access service consists of dedicated Internet
Protocol ("IP") connectivity ("Dedicated Connections").
On Dedicated Connections Sand Creek Internet may, at its discretion, employ
various access methods with limited geographical coverage areas including
without limitation wireless, DSL . access methods. Sand Creek Internet reserves the right at
any time and from time-to-time to discontinue, change and add various types
of broadband access methods permanently or temporarily with or without
notice. On Dedicated Connections Sand Creek Internet may, at its discretion,
employ various methods and/or Features, including without limitation limited
upstream and/or downstream data rates, to ensure Dedicated Connections are
not converted to service provider dedicated connections or otherwise used in
violation of the terms and conditions of this Agreement.
c. Sand Creek Internet at its sole discretion, may provide to You, as a
user of Sand Creek Internet's Service, additional services and/or Features
without additional charge. Sand Creek Internet reserves the right to add
additional and/or separate charges for certain services and/or Features.
These charges may appear on Your bill from Sand Creek Internet, or they may
be billed to You separately by the providers of such services or features.
Third party providers may, also, have additional registration or eligibility
requirements in order to use their services. You acknowledge and agree that
Sand Creek Internet is not responsible and shall not be liable, directly or
indirectly, to You or to any third party to whom/which it is alleged You may
be liable, for any damage or loss caused or alleged to be caused by or in
connection with Your use of or reliance on any content, goods or services
available on, by, or through any third party provider of services and/or
Features.
2. TERM AND TERMINATION: This Agreement for the
use of the Service will be in effect from the date Your application is
accepted by Sand Creek Internet. This Agreement and Your use of the Service
may be terminated by You by written notice to Sand Creek Internet (via
e-mail, fax or U.S. mail). This Agreement and Your use of the Service may be
terminated by Sand Creek Internet at any time with or without notice to You
for any reason, including without limitation, lack of use, nonpayment of
fees, or if Sand Creek Internet believes, in its sole discretion, that You
have violated or acted inconsistently with the letter or spirit of this
Agreement. Pursuant to the Digital Millennium Copyright Act of 1998, Sand
Creek Internet will terminate service to repeat copyright infringement
offenders. Sand Creek Internet may, also, in its sole discretion and at any
time, discontinue providing the Service and/or any Feature, or any part
thereof, with or without notice to You. The provisions of paragraphs 4-16 and
all obligations of and restrictions on You and any user of Your account with
respect to the Service shall survive termination of this Agreement.
3. SERVICE RATES; PAYMENT OF
FEES; PENALTIES:
a. The rates and charges for
the Service shall be as set forth in Your Acknowledgement package or
otherwise in accordance with Sand Creek Internet's rate schedule as in effect
from time-to-time, a copy of which will be available online on the Service or
otherwise shall be provided to You upon request. Rates and charges, and other
terms and conditions of the Service, are subject to change by Sand Creek
Internet from time-to-time by notice to You provided on the Service or
otherwise.
b. In the event You do not
pay the fees invoiced to You by the due date, the Service will be
inaccessible to You until You pay all fees owed to Sand Creek Internet.
4. THE RESPONSIBILITIES OF
USER:
a. You agree that You will
be the only user of Your username and password and that You will not transfer
or disclose either Your username or password to any other person.
b. You agree not to transmit
or publish on or over the Service any information, software or other content
that (1) violates or infringes upon the rights of others, or could assist
others in violating or infringing upon the rights of others or (2) could
assist others in violating or breaking existing laws, rules, and regulations.
c. You agree to comply with
all applicable laws, rules and regulations in connection with the Service and
Your use thereof, and to cooperate with Sand Creek Internet and/or law
enforcement personnel when requested.
d. You acknowledge and agree
that You are aware that certain content, services or locations of the Service
or of other parties that may be accessible through the Service may contain
material that is unsuitable for minors (persons under 18 years of age) and
that Sand Creek Internet does not screen or censor such content with regard
to copyright, obscenity, safety, integrity or reliability. You agree to
supervise usage of the Service by any minors whom You permit to use the
Service, and You agree to be responsible for the use of the Service by such
minors.
e. You acknowledge and
consent that Sand Creek Internet can, pursuant to a subpoena, disclose Your
name(s), address(es),
phone number(s), types of Services used, length of use, connection times and
durations, identification of the instrument used to connect, subscriber
numbers (including any temporarily assigned or dynamic network addresses, and
the means and source of payment(s) for the Sand Creek Internet Service.
f. You acknowledge and
consent that Sand Creek Internet can, pursuant to a search warrant issued by
a court in any US jurisdiction, disclose the contents of stored e-mail
resident on Sand Creek Internet's system for six months or less.
g. You acknowledge and
consent that Sand Creek Internet can, pursuant to certain provisions of the
law, be required to produce business records, including without limitation
all items identified in this paragraph 4, as well as other tangible items,
and that Sand Creek Internet may be compelled not to disclose the fact that
such information and/or items were disclosed.
h. You acknowledge and
consent that Sand Creek Internet can cooperate with law enforcement to
intercept and monitor the content of trespassers' communications through the
Sand Creek Internet system. You will not be considered a trespasser if You
maintain Your account in good standing.
i. You acknowledge and
consent that Sand Creek Internet can, at its sole discretion in good faith,
disclose contents of Your communications to the government (i.e., without a
court order or subpoena) if the contents:
i. were inadvertently
obtained by Sand Creek Internet and appear to pertain to the commission of a
crime;
ii. contain child
pornography;
iii. if necessary for Sand
Creek Internet to protect its rights or property; or
iv. if Sand Creek Internet
reasonably believes that an emergency involving immediate danger of death or
serious physical injury to any person requires disclosure of the information
without delay.
j. You acknowledge and
consent that Sand Creek Internet can, at its sole discretion in good faith,
disclose Your name, address, business records and use of Service information
to the government if necessary:
i. in response to a warrant
or court order;
ii. for the protection of
Sand Creek Internet's rights and/or property;
iii. if Sand Creek Internet
reasonably believes that an emergency involving immediate danger of death or
serious physical injury to any person justifies disclosure of the
information.
5. ACCEPTABLE USE POLICIES: You acknowledge and agree
that Sand Creek Internet has certain legal and ethical responsibilities with
respect to the provision of the Services. Sand Creek Internet, therefore,
strictly prohibits system abuse, which includes, without limitation, the
following actions or the intent to take the following actions:
a. uploading, posting,
e-mailing or otherwise transmitting any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harming minors in any
way;
c. impersonating any person
or entity, including, but not limited to, a Sand Creek Internet official,
forum leader, guide or host, or falsely stating or otherwise misrepresenting
Your affiliation with a person or entity;
d. forging headers or
otherwise manipulating identifiers in order to disguise the origin of any
content transmitted through the Service;
e. uploading, posting,
e-mailing or otherwise transmitting any content that You do not have a right
to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f. uploading, posting,
e-mailing or otherwise transmitting any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
g. uploading, posting,
e-mailing or otherwise transmitting any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. uploading, posting,
e-mailing or otherwise transmitting any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i. disrupting the normal
flow of dialogue, causing a screen to "scroll" faster than other
users of the Service are able to type, or otherwise acting in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfering with or
disrupting the Service or servers or networks connected to the Service, or
disobeying any requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or
unintentionally violating any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalking" or
otherwise harassing another; or
m. collecting or storing
personal data about other users.
Sand Creek Internet may take such actions as it
deems appropriate against You for violations of these policies, including,
without limitation, removing any content that violates this Agreement,
terminating this Agreement and Your use of the Service, and cooperating with
law enforcement officials by providing whatever information may be requested
upon presentation by such officials of appropriate authorization from a court
having jurisdiction over the subject matter or taking whatever action that
Sand Creek Internet is authorized to take pursuant to the USA PATRIOT Act of
2001. However, there is no promise or obligation on Sand Creek Internet's
part to monitor or police any such activity, and Sand Creek Internet will
have no liability to any party for any other party's violation of these
policies.
6. LIMITATION OF WARRANTIES
AND LIABILITY; DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK. NEITHER Sand Creek Internet NOR ANY OF ITS
UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR
AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
Sand Creek Internet OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON
AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS CUSTOMER AGREEMENT, ALL SUCH WARRANTIES BEING
EXPRESSLY DISCLAIMED. NEITHER Sand Creek Internet NOR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS
SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL
DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR
MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS PARAGRAPH SHALL, ALSO, APPLY TO ALL CONTENT OR
OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT, IN
ANY WAY, HOLD Sand Creek Internet RESPONSIBLE FOR ANY SELECTION OR RETENTION
OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE
(INCLUDING THOSE WITH WHOM Sand Creek Internet MAY CONTRACT TO OPERATE
VARIOUS AREAS ON THE SERVICE). YOU EXPRESSLY ACKNOWLEDGE THAT Sand Creek
Internet SHALL HAVE NO LIABILITY OF ANY KIND FOR ITS GOOD FAITH COOPERATION
WITH LAW ENFORCEMENT IN RESPONSE TO PROPER REQUESTS OR, WHERE AUTHORIZED BY
LAW, ON Sand Creek Internet'S OWN INITIATIVE.
7. YOUR REMEDIES: Your sole and exclusive
remedy for any failure or non-performance of the Service (including any
associated software or other materials supplied in connection with the
Service) shall be for Sand Creek Internet to use commercially reasonable
efforts to repair the Service. Your only remedy for any situation in which it
is determined that Sand Creek Internet acted improperly and/or did not act in
good faith is termination of Your Service and a pro-rated refund for unused
time.
8. LIMITATION OF LIABILITY: In the event that a court
should hold that the limitations of liabilities or remedies available as set
forth in this Agreement, or any portions thereof, are unenforceable for any
reason, or that any of Your remedies under this Agreement fail of their
essential purpose, You expressly agree that under no circumstances shall Sand
Creek Internet's total liability to You or any party claiming by, through or
under You for any cause whatsoever, and regardless of the form of action,
whether in contract or in tort, including negligence, in the aggregate,
exceed the amount of charges paid by You for use of the Service under this
Agreement during the twelve-month period preceding the date such claim first
arose.
9. INDEMNIFICATION BY YOU: You shall indemnify and
hold harmless Sand Creek Internet and any of its underlying service
providers, information providers, licensors, licensees, employees, associated
third parties, or agents from and against any and all claims, demands,
actions, causes of action, suits, proceedings, losses, damages, costs, and
expenses, including reasonable attorneys fees, arising from or relating to
Your use of the Service, or any act, error, or omission of You or any user of
Your account in connection therewith, including, but not limited to, matters
relating to incorrect, incomplete, or misleading information; libel; invasion
of privacy; infringement of a copyright, trade name, trademark, service mark,
or other intellectual property; any defective product or any injury or damage
to person or property caused by any products sold or otherwise distributed
through or in connection with the Service; initiation or facilitation of
unsolicited commercial e-mail or "spam," whether through the Sand
Creek Internet Service or otherwise; fraud or deceptive trade practices;
unauthorized use of or access to the Sand Creek Internet or other computer
system or systems; violation of any applicable law, rule, or regulation; or
failure to cooperate with Sand Creek Internet or law enforcement personnel
when requested.
10. USE OF MATERIALS, MARKS
AND INFORMATION:
a. You retain any copyright,
trademark, patent or other intellectual property rights in the material or
the products, services, processes or technology created by You and posted or
uploaded to the Service. Sand Creek Internet reserves the right to use and/or
copy such material in the day-to-day operation of its business.
b. You may use, copy and
distribute the materials found on the Service for internal, noncommercial,
informational services only. All copies that You make of the material must
bear any copyright, trademark or other proprietary notice, which pertain to
the material being copied. Except as authorized in this paragraph, You are
not granted a license under any copyright, trademark, patent or other
intellectual property right in the material or the products, services,
processes or technology described therein. All such rights are retained by
Sand Creek Internet, its affiliates and/or any third party owner of such
rights.
c. The Sand Creek Internet
company names and logos and all related product and service names, design
marks and slogans are the property of Sand Creek Internet or its affiliates.
You are not authorized to use any Sand Creek Internet name or mark in any
advertising, publicity or in any other commercial manner without the prior
written consent of Sand Creek Internet.
d. Any feedback, data,
answers, questions, comments, suggestions, ideas or the like, which You send
to Sand Creek Internet will be treated as being non-confidential and
nonproprietary. Sand Creek Internet assumes no obligation to protect such
information from disclosure and will be free to reproduce, use, and
distribute the information to others without restriction. Sand Creek Internet
will also be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever including but not
limited to developing, manufacturing and marketing products and services
incorporating such information. Sand Creek Internet may also use Your status
as a subscriber to the Service for the purpose of marketing to You other Sand
Creek Internet products and services.
e. From time-to-time, Sand
Creek Internet is called upon by a subscriber to assist with technical
issues, requiring Sand Creek Internet to access or review material authored,
copied, stored, downloaded, uploaded, or otherwise transmitted over the Sand
Creek Internet system by or to the subscriber. Sand Creek Internet will not
provide substantive information or perform full or partial publishing or
authoring in violation of the protections afforded in 47 U.S.C. 230 of the
Communications Privacy Act on behalf of any subscriber, or access a
subscriber's stored or transitory e-mail, or the subscriber's Sand Creek
Internet hosted Web site(s), unless in accordance with the applicable
provisions of the Electronic Communications Privacy Act (18 U.S.C. sections
2510-2522 and 2707-2711) or the express request in writing of the subscriber
("Subscriber Information"). Under such limited circumstances, Sand
Creek Internet will treat the specific Subscriber Information regarding which
the subscriber has requested technical assistance from Com Net as
confidential and not release such information to third parties other than
Sand Creek Internet's Corporate partners, if necessary, unless required by
applicable law or to protect Sand Creek Internet's interests. Under no
circumstances will Sand Creek Internet provide other than technical
assistance to a subscriber, unless a specific agreement is negotiated between
the parties and executed in writing.
11. ENDORSEMENTS: All product and service
marks contained on or associated with the Service that are not Sand Creek
Internet marks are the trademarks of their respective owners. References to any
names, marks, products or services of third parties or hypertext links to
third party sites or information do not necessarily constitute or imply Sand
Creek Internet's endorsement, sponsorship or recommendation of the third
party, information, product or service.
12. BROWSER SOFTWARE: If any Internet browser
or other software has been provided to You for use with the Service, You
agree to be bound by and to comply with the terms and conditions of the
separate software license, which is applicable to and was provided to You
along with such software. You are not allowed, without prior written
permission of Sand Creek Internet, to copy, modify, alter, transfer,
translate, disassemble, decompile, reverse program or otherwise reverse
engineer the software, sublicense, lease, or use the software in a multi-user
network or multiple computer environment, or in a rental, time sharing, or
computer service business, including without limitation an Internet café or
kiosk.
13. UNMETERED DIAL-UP INTERNET PROTOCOL CONNECTIVITY: If You purchase an unmetered dial-up Internet Protocol Connectivity ("UDIPC") as part of the Service for connecting to the bright.net portal, the UDIPC as well as any of the other online resources and services provided by bright.net as part of the Service described in paragraph 1, Your access to the Service through the UDIPC shall be dependent upon the access network and be defined and limited accordingly:
a. Global Access Dial-Up Network (yellow network): If You sign up for UDIPC to the bright.net portal and/or other online services using a Global Access owned and operated Point-of-Presence (POP) for your local access number, You shall be allowed UDIPC access up to a specified maximum limit for dial-up access usage during a calendar month, subject to the restrictions defined in paragraph 1. In addition, You shall be entitled to free roaming to other POPs on the same Global Access Network (same color network) that are available throughout the world as well as roaming access on the bright.net Dial-Up Network, as such may be designated, added, or subtracted from time- to-time by bright.net in its sole discretion.
Global Access Networks
Monthly Usage Limit
Yellow Network
300 Hours Max. per Mont
Local Access versus Roaming Access: At any time when less than 50% of Your monthly dial-up access usage is from the local access POP indicated at the time of sign-up, bright.net reserves the right to evaluate Your roaming dial-up access usage and reassign You to the Access Network and/or Local Access POP being used for a majority of Your online access time.
b. Customer Agreement Unaffected: Unless specifically stated herein, Your Agreement with bright.net is not changed, modified, or altered in any way by Your choice of UDIPC or any actions taken hereunder by bright.net.
14. GENERAL:
a. Sand Creek Internet shall not be responsible
for any delay in delivery or performance of any of its duties hereunder due
to acts of God, acts or omissions of any telephone network or any other
occurrence commonly known as force majeure, or
because of Sand Creek Internet's cooperation with law enforcement.
b. Your right to use the Service is not transferable and is subject
to any limits established by Sand Creek Internet, and by Your credit card
company if billing is through a credit card.
c. No action, regardless of form, arising out of the Service or
this Agreement may be brought by You or any party claiming by, through or
under You more than one year after the cause of action has arisen.
d. This Agreement and the Service shall be governed by the laws of
the State of Michigan, without regard to its conflicts of laws provisions.
By using the Service, You agree that any disputes between You and Sand Creek
Internet shall be brought exclusively in the State of Michigan or the United
States District Court for the District of Michigan. If any provision or
provisions hereof shall be held to be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not
be in any way affected or impaired thereby.
e. This Agreement and any modifications published by Sand Creek
Internet over the Service constitute the entire and only agreement between
You and Sand Creek Internet with respect to the Service and supersede all
other communications and agreements with regard to the subject matter hereof.
By posting updated versions of this Agreement on the Service or otherwise
providing notice to You, Sand Creek Internet may modify the terms of this
Agreement or prices for the Service, and may discontinue or revise any or all
other aspects of the Service in its sole discretion and without prior notice.
All such changes shall become effective upon posting of the revised Agreement
on the Service. The updated, online version of this Agreement shall supersede
any prior paper or disk-based copies of this Agreement that may have been
included in the Acknowledgement package, any browser software or related
materials provided by Sand Creek Internet.
f. You are responsible for and must provide all telephone and
other equipment, software (other than any browser software that may be
provided by Sand Creek Internet) and services necessary to access the
Service. CNI, its officers, agents and any of its Sand Creek Internet members
SHALL NOT BE LIABLE FOR ANY TOLL CHARGES WHICH RESULT by Your
establishing a connection through a non-local number.
g. Sand Creek Internet will cooperate with law enforcement
officials in the pursuit of information or access to data when presented with
appropriate authorization from a court having jurisdiction over the subject
matter or otherwise as allowed by law, as is more fully described in
paragraph 4 herein. You release and hold Sand Creek Internet harmless for any
disclosure of information, including personally identifiable information,
e-mail, confidential information or contact information, to such law
enforcement officials.
h. Sand Creek Internet will cooperate with requests for information
accompanying subpoenas or similar court orders for disclosure of information
in civil cases or otherwise as allowed by law, as is more fully described in
paragraph 4 herein. At least five (5) business days before disclosing such
information, Sand Creek Internet will, if allowed by law, attempt to contact
the affected subscribers at the last known mailing address. You release and
hold Sand Creek Internet harmless for any disclosure of information,
including personally identifiable information, e-mail, confidential
information or contact information, in response to such subpoenas or court
orders, or other disclosure of information as allowed by law.
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