I. Introduction
This represents a guide to the acceptable use of The Iserv Company, LLC (“Iserv”) Services. Any Iserv customer, in order to use the Iserv network or any other networks which are used as a result of their Iserv connection, must comply with this policy and the stated purposes and Acceptable Use Policies of any other networks, environments, or hosts used. Failure to comply or deliberate acts of misuse, or illegal use will result in one or more of the following: suspension of account privileges, termination of account, reimbursement of any and all expenses incurred by Iserv or its affiliates, and possible criminal prosecution. Iserv reserves the right to modify or change these policies and customers must, on a periodic basis, review these policies.
II. Policy and Guidelines
The intent of this policy is to make clear certain uses which are inconsistent with the purposes of Iserv, not to exhaustively enumerate all such possible inconsistent uses. At its sole discretion, Iserv may at any time make determinations that uses are or are not consistent with the purposes of Iserv. The following policies and guidelines will be applied to determine whether a particular use of Iserv is appropriate:
To respect the integrity of computing systems, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
Personal web space included with dial-up accounts is not for commercial purposes.
Malicious use is not acceptable.
Iserv may not be used in ways that violate applicable laws or regulations.
Use of Iserv and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.
Examples of unacceptable use include, but are not limited to, the following:
Threats or harassment of other users
Libeling or slandering other users
Destruction of or damage to equipment, software, or data belonging to Iserv or other users
Disruption or unauthorized monitoring of electronic communications
Use of computer communications facilities in ways that unnecessarily impeded the computing activities of others (such as randomly initiating interactive electronic communications or e-mail exchanges, overuse of interactive network utilities or e-mail, and so forth)
Violation of software license agreements
Violation of another user’s privacy
Automated network programs such as robots, infobots, and the like
Offensive material: pictures, graphics, video, audio, text, or language
Excessive e-mail spools
Leaving a computer connected via modem without being present at the computer
Multiple logins per dial-up account
Harm or attempt to harm a minor, including but not limited to distribution of pornographic, obscene or profane materials
Attempting to penetrate security measures of Iserv ¹s or other computer systems (“hacking”) or to cause disruption of service to other online users. You also agree that you will not use, nor allow others to use, tools designed for compromising network security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
Transmitting computer “viruses”, worms, “Trojan horses” or other harmful software programs. You agree to use your best efforts to prevent the unintentional transmission of these harmful programs.
Connections or content which create routing and usage patterns that are inconsistent with the effective and shared use of the Iserv network
Spamming Policy: “Spamming” is the act of distributing mass unsolicited messages to e-mail addresses or newsgroups. Iserv follows the guidelines of spam defined by the Mail Abuse Prevention System as an electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
Spamming is a violation of the Iserv Acceptable Use Policy and will be dealt with accordingly. It is contrary to Iserv policy for any user of an Iserv service to participate in any of the following activities through an Iserv provided service:
To send a single message, article, or advertisement to more than ten Usenet or other newsgroups, message boards, chat areas, mailing lists, FAX machines, pagers or other groups or lists
To send off-topic messages to any Usenet or other newsgroups, message boards, chat areas, mailing lists, FAX machines, pagers or other groups or lists as determined by the charter, FAQ, owner, or description of the group or list
To send unsolicited mass e-mail to more than twenty-five e-mail addresses if the messages provoke complaints from any or all the recipients
To falsify information provided to Iserv or other users of Iserv products and services
To engage in any of the preceding activities using the services of another provider in conjunction with one or more Iserv services
To run an open-relay mail server
Iserv reserves the right to filter all e-mail and other electronic communications from known spamming organizations and/or individuals without harm or liability to Iserv. Although Iserv does not claim to be able to stop all spam that passes through its mail servers, Iserv reserves the right to filter what it may reasonably determine to be unsolicited spam email. Iserv will not be held liable for any messages that are not delivered because of the generally accepted industry practices of filtering known spamming organizations or individuals.
Unlimited dial-up accounts are not dedicated accounts. Dial-up connections will automatically be disconnected after sixteen (16)
consecutive hours of use or fifteen (15) minutes of inactivity. Dial-up subscribers should only keep connections open while actively using their account and may not use automated methods to avoid disconnection due to inactivity.
III. Security
Iserv will assume that users are aware that electronic files are not necessarily secure. Users will be informed of methods available for protecting information on Iserv from loss, tampering, unauthorized search, or other access. Levels of obtainable security will vary depending on the computer system.
Warning – Users of electronic mail systems should be aware that electronic mail in its present form cannot be secured and is, therefore, extremely vulnerable to unauthorized access and modification.
Responsibility of Users
The user is responsible for correct and sufficient use of the tools available for maintaining the security of information stored on each computer system. The following precautions are strongly recommended:
Computer accounts, passwords and other types of authorization that are assigned to individual users should not be shared with others.
The user should understand the level of protection each computer system automatically applies to files and supplement it, if necessary, for sensitive information.
The computer user should be aware of computer viruses and other destructive computer programs and take steps to avoid being a victim or unwitting distributor of these processes. Ultimate responsibility for resolution of problems related to the invasion of the user’s privacy or loss of data rests with the user.
IV. Confidentiality
Iserv will treat information stored on computers as confidential. Requests for disclosure of information will be honored only under one of the following conditions:
When authorized by the owners of the information
When required by U.S. Federal or State law
Except when inappropriate, computer users will receive prior notice of such disclosures. Viewing of information during normal system maintenance does not constitute disclosure.
V. Disclaimer
The Internet provides access to information, including without limitation, web sites, chat rooms, conferences, lists, bulletin boards, electronic mail solicitations and information servers (the “Sites”). Some of the Sites may contain objectionable and/or offensive material. Iserv cannot and does not take any responsibility for the content of the Sites. Please be aware of the potentially objectionable and/or offensive material found on the Internet. Your authorized access to and use of the Internet is conditioned upon your recognition that Iserv neither assumes responsibility for, nor endorses, any of the content found in any of the Sites. ISERV MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SITES OR THEIR CONTENT. The software Iserv supplies and the accompanying files (the “software”) are distributed “as is” and without representations or warranties of any kind, whether express or implied. Iserv specifically disclaims all warranties regarding the software, including any warranties as to performance, merchantability, or any other warranties whether express or implied. Using the software and accessing the Internet through Iserv are contingent upon your agreement to release Iserv and its officers, directors, shareholders, employees, agents, successors and assigns (the “released parties”) from any and all claims and liabilities resulting from your use of the software or the
Internet, including without limitation, any claims or liabilities for damage to your computer system or data files. By using the software and accessing the Internet, you are assuming the entire risk of using the software and the Internet. You further agree to indemnify and hold harmless each of the released parties from any claims or liabilities resulting from your use of the Internet including your publishing of any information on the Internet.
BY CLICKING ON “ACCEPT” ON THE WI-FI SERVICE SIGN-UP PAGE, YOU (“CUSTOMER”) REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE AND ACCEPTABLE USE POLICY (THE “AGREEMENT”).
Access to the Wi-Fi Service (the “Service”)
The Wi-Fi Service is a free public service provided by the Iserv Company, LLC (“Iserv”). Your access to the Wi-Fi Service is completely at the discretion of Iserv, and your access to the Wi-Fi Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for Iserv or its owners, disruption of access to other users or networks, and violation of applicable laws or regulations. Iserv may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
The use of the Wi-Fi Service for the following activities is prohibited:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using the Wi-Fi Service or using the Wi-Fi Service for activities that invade another’s privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Defamatory or Abusive Language
Using the Wi-Fi Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening
material or language that encourages bodily harm, destruction of property or harasses another.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Hacking
Accessing illegally or without authorization computers, accounts, equipment, or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment. Certain high bandwidth or potentially destructive protocols may not be available on the Wi-Fi Service.
Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this
Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
Obscene or Indecent Speech or Materials
Using the Wi-Fi Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Iserv will notify and fully cooperate with law enforcement if it becomes aware of any use of the Wi-Fi Service in any connection with any illegal activity. Certain content or web sites may be filtered or unavailable due to inappropriate content.
Other Illegal Activities
Using the Wi-Fi Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating or inappropriately distributing copywritten material, or making fraudulent offers to sell or buy products, items, or services.
Resale
The sale, transfer, or rental of the Wi-Fi Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Notice of Violations of the AUP
Iserv requests that anyone who believes that there is a violation of the AUP direct the information to: legal@iservgroup.com
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL ISERV, ITS OWNERS, THEIR SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT ISERV OR AFFILIATES MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
Indemnity
You agree to indemnify and hold harmless Iserv, its owners, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Wi-Fi Service, any materials downloaded or uploaded through the Wi-Fi Service, any actions taken by you in connection with your use of the Wi-Fi Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this Agreement. This section will not be construed to limit or exclude any other claims or remedies that Iserv may assert under this Agreement or by law.
Arbitration
You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to a single arbitrator. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this section will prevent the parties from seeking interim injunctive relief against one another.
VII. Miscellaneous
Iserv complies with the FCC Broadband ruling regarding Net Neutrality and public disclosure of its policies regarding such.
Requests for Iserv’s policies regarding it’s compliance for Net Neutrality can be obtained by sending your request in writing to: Iserv Net Neutrality Policies c/o The Iserv Company, LLC, 5222 33rd Street SE, Grand Rapids, MI 49512.
