|Terms and Conditions of Service|
The following terms and conditions shall govern the use of Internet services provided by EZNET West Virginia and its system by its users. These terms and conditions are designed to protect you, EZNET West Virginia, its employees and agents and the system, while providing a positive and secure experience in your use of the system. The privacy of our customers is of paramount importance. These terms are intended to secure that privacy.
Your use of the EZNET West Virginia Internet system constitutes an agreement by you, hereafter referred to as USER, to be governed by these terms and conditions. Initiating an account with EZNET West Virginia, hereafter referred to as EZNET WV, for the use of its Internet system shall be deemed an acknowledgment that USER, has read and agrees with these terms and conditions.
All references to EZNET WV herein include its system employees and agents.
USE OF THE NETWORK AND RESOURCES
1) EZNET WV shall not be used for any purpose prohibited by law.
2) Use of EZNET WV by persons under 18 years of age without parental consent is prohibited. Persons under 18 desiring to use the system must have a parent or guardian complete the
necessary account registration and deliver the required user fees prior to any use of the system.
EZNET WV cannot accept payment of user fees from persons under the age of 18. If you are the parent or guardian of a person under the age of 18 desiring to access the system, you must read these terms and conditions in their entirety. Some material accessible from this system may be considered as adult subject matter and, therefore, unacceptable for use by persons under 18 years of age.
3) EZNET WV Internet services MAY ONLY be used for lawful purposes. Transmission or solicitation for the reception of materials, which violates Federal, State or Local law, is strictly prohibited. Examples of such prohibited purposes include, but are not limited to: materials, which are threatening, legally obscene, libelous, or violative of trade secret, patent or copyright protections.
USER shall fully indemnify EZNET WV and hold it harmless from and against any and all claims, losses or causes of action, whatsoever which result from the usage by USER of the system.
4) Security of USER's account, including password, is solely the responsibility of USER. All use, which emanates from the USER's account, shall be considered to be undertaken by USER unless it can be shown to have been unauthorized by USER to the satisfaction of EZNET WV. USER agrees to notify EZNET WV immediately upon knowledge of any unauthorized use of USER's account or password in any manner.
5) All accounts shall be established on an individual basis only, unless otherwise specified or agreed upon by EZNET WV. Occupying more than one (1) modem line, "loaning" USER's account to others, utilizing "keep alive" devices or programs, or utilizing unpaid for services, are strictly prohibited and shall constitute grounds for immediate account termination.
6) The account holder (USER) agrees to pay outstanding balances when due and acknowledges that failure to do so shall constitute default and cause for account termination.
7) EZNET WV makes NO warranties or representations of any kind, whether expressed or implied, for the service to be provided. EZNET WV disclaims any warranty of merchantability or fitness of its service for any purpose whatsoever. EZNET WV shall not be responsible for any loss or damage suffered by USER as a result of using its system or service, regardless of cause, including delays, improper or incomplete delivery of information, service interruptions, whether by EZNET WV or EZNET WV's providers, and/or possible malicious computer viruses.
8) EZNET WV assumes neither control nor responsibility whatsoever for information passing through its system. Use of any information obtained through EZNET WV shall be at USER's risk. EZNET WV expressly denies any responsibility for the accuracy or quality of information
obtained through its services.
9) Transmission of unsolicited advertising through mass-electronic mail, USENet postings to inappropriate groups, or other direct transmissions are prohibited. However, posts made to appropriate USENet groups as well as commercial use of EZNET WV, is encouraged.
10) USER agrees not to abuse the system and its resources, including any quota on disk usage that may be imposed and policies on the use of resources that reach beyond the system. USER agrees not to attempt to violate the security of the system's authentication and accounting procedures.
11) USER shall abide by EZNET WV's acceptable use policies. Although the EZNET WV system is on a commercial exchange, USER assumes all risk of transferring prohibited material(s) across restricted networks or transgressing the acceptable use policies thereof. Otherwise, the Internet may be used for business purposes in almost all cases. Expressly prohibited activities include, but are not limited to:
- Falsifying E-mail or IP addresses;
- Advertising or sending promotional materials to others without prior express agreement;
- Posting advertisements to inappropriate USENet newsgroups;
- Implicitly prohibited activities include the unlicensed international export various materials.
USER is responsible for learning these policies. There are now new terms and conditions for accessing newsgroups through
EZNET. EZNET WV employees
will be happy to assist USER with specific inquiries regarding this policy.
12) USER shall not use EZNET WV's FTP service to attempt to transfer any files not specifically permitted, or access hosts which do not permit anonymous transfers (unless the transfer is to or from an account USER is authorized to use on the remote host).
13) Any attempt to cause traffic levels to EZNET WV or other networks to rise without reason or for malicious purpose is prohibited.
14) EZNET WV reserves the right to change these terms and conditions at any time, as well as the services offered. Posting of any new terms and conditions or services changes on the system in a conspicuous place on EZNET WV's network shall constitute proper notice of such changes. EZNET WV reserves the right to modify published rules at any time by publishing such modifications over the service and/or sending notices to each USER.
15) USER agrees to waive all claims against EZNET WV, legal or otherwise, incurred through the use of the EZNET WV system or the Internet and its systems. USER also agrees to indemnify and hold EZNET WV harmless from any and all claims, expenses or causes of action related to USER's violation of these terms and conditions or the Service Agreement terms. Violation of any of the terms and conditions of service may result in the cancellation of USER's subscription and the forfeiture of the remainder of any pre-paid fees. Serious violations may result in civil or criminal prosecution.
16) Central City On-Line, Inc., d/b/a EZNET, is a corporation duly authorized by the laws of the State of West Virginia. USER acknowledges that all use of services provided by EZNET WV pursuant to any Service Agreement is furnished in the State of West Virginia regardless of USER's domicile or residency and shall be governed by the law of the State of West Virginia.