USA2net Online Services Inc., User Agreement

FLORIDA CABLE INC/USA2NET- Terms of Service Agreement

1.   Agreement Limited to High Speed Cable Modem Service.

The Customer Agreement/Work Order, together with Florida Cable/USA2net Internet Price List and this document, constitute the parties' agreement where Customer subscribes to Internet service.

2.   General. 

(a)  Florida Cable/USA2net shall have the right at any time to change or discontinue any aspect or feature of Internet access, including but not limited to content, hours of availability, and equipment needed for access to and for use of the service.

(b)  Customer is responsible for all use of customer's account in all circumstances, including under any name or password used by any person.  Customer will ensure that all users of customer's account comply fully with the provisions of this agreement.  Customer shall be responsible for protecting the confidentiality of customer's passwords.

(c)  Customer represents and warrants that he or she is AT LEAST 18 years of age.  Customer may, at their discretion, permit minors to use the service under adult supervision.

(d)  Transfer of the service to any other person, or to a new residence is prohibited without approval of Florida Cable/USA2net.

3.   Charges.

(a)  Monthly charges for service are subject to change.  Customer agrees to pay for the service that he or she has subscribed to, including applicable charges for installation and all applicable local, state or federal fees or taxes.

(b)  Charges for Internet service include (1) rental of cable modem and other equipment, if necessary, to be installed at the customer's residence to permit connection of a single computer to the service and (2) license of software.  Connection of additional computers of the equipment may require payment of additional charges.

4.   Equipment.

(a)  Florida Cable/USA2net will install the equipment.  Connection requires installation of software and installation of an approved Ethernet network interface card in the computer.  Florida Cable/USA2net may appoint a third party computer technician who will be responsible for this installation.  In addition, Florida Cable/USA2net assumes no liability for damage, destruction of alteration of customer's computer, hardware, software or data directly or indirectly related to the installation.

(b)  Customer has the full responsibility for the return of the cable modem and power supply, in the event service is terminated.  The customer will be charged $100.00 for each cable modem and $75.00 for each power supply not returned to Florida Cable/USA2net.

5.   Customer Conduct.

(a)  Customer shall use the service for lawful purposes only.  Customer shall not post or transmit through the service any material (including messages or series of messages) that violates or infringes in any way upon the rights of others (including copyright) that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or profane that encourages conduct that would constitute a criminal offense or otherwise violate any law.

(b)  Customer shall not upload or post any material protected by copyright, trademark or other proprietary right without the express permission of the owner.

(c)        Customer agrees to abide by all rules of conduct as outlined in the online Acceptable Usage Policy which appears below and is current as of April 5^th, 2005.  Usage policy is subject to change at any time without notice. For the most current versions of these documents, please refer to http://www.usa2net.net.
 

Subscriber Acceptable Use Policy

Florida Cable, Inc. / USA2NET.NET Online Services, herein referred to as USA2net, consists of the computing and communications services, software, databases, data, information, and all other material (collectively "Information") available through USA2net. These terms and any Operating Rules published over USA2net constitute the entire agreement between USA2net and its Customers with respect to the Service provided by USA2net.

This Acceptable Use Policy ("AUP") is a guide to the acceptable use of Customer Accounts and the Services provided by USA2net. It is an integral part of the Service Agreement entered into between USA2net and its Customers ("Customer"); any violation of this AUP is subject to sanction, including, without limitation, a warning E-mail, suspension of Customer's Account, or termination of Customer's Account, in USA2net's sole discretion. In the event that Customer's Account is suspended or terminated as a result of violations, USA2net, at its sole discretion, may require Customer to provide proof of corrective action before electing to reconnect Customer's Account. In addition, reconnection charges may apply if USA2net elects to re-enable the Account.

1. Introduction

USA2net supports the free flow of information and ideas over the Internet. USA2net does not actively monitor nor does USA2net exercise editorial control over the content of any web site, electronic mail (e-mail) transmission, mailing list, newsgroup or other material created or accessible over USA2net services. However, USA2net reserves the right to remove any materials that, in USA2net's sole discretion, are potentially illegal, may subject USA2net to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of your USA2net services. Engagement of any violation using the service of another provider, but channeling such activity through USA2net account of network resources, constitutes a violation. Customers must abide by the terms and conditions of other Internet Provider's Acceptable Use Policy, while using the USA2net service.

2. Policies

Illegal Purposes
USA2net reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities, which are in violation of any local, state or federal laws, statutes, regulations, treaties and/or tariffs, would constitute a flagrant violation of the Acceptable Use Policy. Activities which are prohibited as potentially illegal include, but are not, limited to:

• The distribution, dissemination, storage, copying and/or sale of materials protected by copyright, trademark, trade secret or other intellectual-property right laws. This could include, but is not limited to the digitization and distribution of photographs from magazines, books and web sites, illegal copying and distribution of MP3 resources, illegal copying of pirated software (warez) and/or violating US exporting laws.

• Participation in illegal gambling, lottery or other similar activities.

• Transmission of scams such as "Make-Money-Fast" schemes, chain letters and Pyramid scams.

• Making fraudulent offers by e-mail, USENET or other means of products, items or services, originating from your account, or through a third party which implicates your account.

• Threatening bodily harm, property damage or acts of death against individuals or groups.

• The attempt to access the accounts of others or other computers and/or networks to penetrate security measures, whether or not the intrusion results in damage or not.

E-mail and Newsgroup Services

The following actions would violate the Acceptable Use Policy when utilizing e-mail and news services through the USA2net network, backbone and/or infrastructure.

• USA2net provides an uncensored newsfeed. As such, USA2net does not control the content of the newsgroups available to you. USA2net believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is your responsibility to use such tools if desired. USA2net is not responsible for the content of any newsgroup message, whether or not a USA2net customer posted the message.

• If e-mail or newsgroup postings are in violation of the acceptable use policy, USA2net at times may restrict or cancel subsequent postings if they affect the service.

• These prohibitions extend to the sending of unsolicited mass mailings or Usenet posts from another service, which in any way implicate the use of the USA2net service, USA2net equipment or any USA2net e-mail address(es).

• Sending unsolicited commercial e-mail messages, (UCE) including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Unsolicited e-mail is defined as e-mail that is sent to another user, which has not expressed an interest in receiving the e-mail.

• A user shall not send unsolicited bulk e-mail, (UBE) by using any form of a commercial software or hardware mechanism for the purposes of "broadcasting" large amounts of unsolicited e-mail.

• A user shall not use another site's mail server to relay mail without the express permission of the site.

• The sending of multiple similar articles to newsgroups, and/or the sending of any amount of unsolicited e-mail messages ('spamming') to users constitutes a violation.

• Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.

• Expressly prohibited from utilizing USA2net's service, USA2net's equipment or any USA2net's e-mail address in connection with the sending of the same or substantially similar unsolicited e-mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of USA2net's service, USA2net's equipment or any USA2net's e-mail address(es).

• The cross posting of advertisements for products, items, or services which exceeds the commonly held thresholds and guidelines of the USENET community, will not be tolerated. Article posts should be on-topic to the particular newsgroup charter. Articles that disrupt any newsgroup with frivolous, excessively vulgar or repetitious postings are not allowed.

Email Spamming Policy
USA2net has a strict policy against "spamming." "Spam" is a slang term for unsolicited e-mail messages that are sent to users who do not request these messages. Spamming is usually intended to promote or otherwise advertise services and products.

Spamming is not allowed with any USA2net account. USA2net does not tolerate users who spam via e-mail, newsgroups, etc. You may receive a warning after we receive the first complaint from a customer, or, should we determine that the incident is severe enough to warrant it, your account may be cancelled. This is a zero tolerance policy.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. USA2net will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. This would include use of sniffers or SNMP tools.

• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

• You must adopt adequate security measures to prevent or minimize unauthorized use of your account, including proper levels of security on mail, web and news servers maintained at your location.

• You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

• You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

• Users who violate systems or network security may incur criminal or civil liability. USA2net will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

• Distributing viruses to and from USA2net systems.

• Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or e-mail use by others.

• Engaging in any of the above activities using the service of another provider but channeling such activities through a USA2net account or re-mailer, or using a USA2net account as a mail drop for responses.

• Customers are liable for having unsecured services, and would be held liable if unknown 3^rd parties utilize these services at any time. It is the customer's responsibility to monitor these services. Examples of unsecured services would be use of SMTP relay, incorrect configuration of Proxy or SOCKS services or unsecured operating systems.

• Customers are responsible for configuring their services to prevent the disruption of service to other customers. (PC Anywhere, SNMP Broadcasters, etc)
   

Network Performance

The Internet is known as a "shared resource", and USA2net accounts operate using these resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs, which negatively impact other customers or the performance of USA2net systems or networks. USA2net reserves the right to terminate or limit such activities.

3. Enforcement

USA2net will review violations of our Acceptable Use Policy on a case-by-case basis. Clear violations which are not promptly remedied by Customer may result in termination of any or all Services. USA2net reserves the right to monitor Customer's actions when necessary to determine whether or not Customer is violating the conditions of use.

4. Indemnity

Customer agrees to indemnify and defend USA2net for claims or charges resulting from (1) Customer's use of the Services in violation of this AUP; (2) material posted on the Internet by Customer; or (3) any obligations to third parties incurred by Customer through Customer's use of the Services.

5. USA2net Liability

USA2net has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on USA2net's systems, nor can USA2net ensure prompt removal of any such communications or content after transmission or posting. Accordingly, USA2net does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.

6. Policy Revisions

USA2net reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to subscribers by posting such changes to the USA2net home page (http://www.usa2net.net), by electronic mail (e-mail), or by conventional mail.

These terms and conditions reflect the entire agreement of the parties and supersedes all prior oral or written agreements and understandings of the parties.  These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Florida, United States of America.

1. USA2NET provides it's clients with access to people throughout the world using connections with networks outside USA2NET.  In general, it is the responsibility of those networks to enforce their own acceptable use policies.  USA2NET will inform it's clients of any restrictions in the use of networks to which it is directly connected.

2. USA2NET accepts no responsibility for traffic originating on it's own network, whether posted by any Customer.  USA2NET will use reasonable efforts to notify Customer if Customer's use of the Services violates the acceptable use policy of any directly or indirectly connected networks.

3. Unless otherwise agrees, your rights to use USA2NET or to designate users is not transferable and is subject to any limits established by USA2NET, or by your credit card company if billing is through a credit card.  USA2NET is a private membership system.  As such, USA2NET reserves the right to refuse any application, or cancel any membership -- no partial refund for a month will be made if the user has accessed the service one day into the new billing cycle and semi annual and annual accounts will be subject to a $25.00 disconnect fee -- at our sole discretion and without prior notice.  Should USA2NET suspend or terminate the service pursuant to this agreement, the subscriber has no rights to any data or any copies of it available to the user in any form whatsoever.  Should this agreement terminate for any reason whatsoever, all data stored on USA2NET facilities will be erased without prior notification or shall become the sole property of USA2NET.

4. USA2NET or other relevant authorities may determine inappropriate usage of Customer's account and the privilege may be revoked at USA2NET's discretion.

5. Use of any information obtained via USA2NET is at Customer's own risk. USA2NET specifically denies any responsibility for the accuracy or quality of information obtained through it's network. USA2NET exercises no control whatsoever over the content of the information residing or passing through it.

6. Customer expressly agrees that use of the service, which includes the contents thereof and any storage or use of information is at the customer's sole risk.  Neither USA2NET nor any of it's information providers, licensers, employees, or agents, warrant that the service will be uninterrupted or error free.  Nor does USA2NET or any of it's information providers, licensers, 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" basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information.  Neither USA2NET nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential  damages arising out of use of the service or inability to use the service or out of any breach of any warranty.  The provisions of this section will survive any termination of this agreement.

7. Neither customer nor any of it's designated users may reproduce, redistribute, retransmit, publish, or otherwise transfer, or commercially exploit, any proprietary information which they receive through USA2NET except in writing and signed by a duly authorized  representative of USA2NET. 

8. USA2NET may occasionally require new registration and account information from you to continue the service.  Customers must notify USA2NET of any changes in customer's account information.

9. Customer agrees to the rates and billing procedures as set forth in the current version of USA2NET connection rates.  USA2NET reserves the right to change the rates and otherwise modify this agreement upon 30 days notice.  Use of USA2NET on or after the effective date constitutes acceptance of the new terms and conditions. 

10. Customer shall pay, in accordance with the provisions of the billing option selected by the customer, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by the customer or it's designated users at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for purchasing  through  or services other than USA2NET.  The customer shall pay all applicable sales and use taxes relating to it's use and the users' use of the service.  The customer shall be responsible for all use of the service accessed through the customer's or it's designated user's password(s).

11. All customers must prepay their monthly fee.  Charges for any additional service provided by USA2NET will be invoiced following the last day of the month in which the services were provided.

12. Terms of payment on all charges are net, fifteen (15) days in the currency in which billed.  If any payment due is not made by the customer within thirty (30) days after the invoice date USA2NET will suspend its performance under this agreement until such time as the charges due are paid.  Delinquent accounts over 60 days will be terminated and subject to a $20.00 reinstatement fee.  In case of default of the payment, the undersign agrees to pay any legal interest on the balance due, together with any collection costs and reasonable attorney fees incurred to effect collection of this account or future outstanding accounts.

13. Cancellations must be made in writing either by USPS, email or fax. Setup fees are non-refundable.  Customers who cancel new accounts within 24 hours of creation will receive a refund of unused access fees.