This agreement represents the complete agreement and understanding between
you and Moapa Valley Telephone, Inc. It supersedes any other written or oral
agreement. From time to time, Moapa Valley Telephone may change its terms and
conditions, its prices and service offerings by posting changes online.
This agreement will remain in effect until terminated by you or Moapa Valley Telephone.
You agree to promptly notify Moapa Valley Telephone via email or the Web of any
changes in your billing information: address, phone numbers, credit card
information, etc.
Moapa Valley Telephone will notify affected customers at least 10 days before
changes in
Moapa Valley Telephone's terms and conditions, prices, and service
offerings. If you continue to use Moapa Valley Telephone services after the change, you have
accepted the changes. If you do not agree, you may cancel your service.
Moapa Valley Telephone provides its services "as is" and makes no warranties of any kind,
whether expressed or implied, for its services.
Moapa Valley Telephone specifically disclaims, without limitation, any implied warranties of
merchantability, fitness for a particular purpose, or noninfringement.
Moapa Valley Telephone will not under any circumstances be responsible for any losses or
damages resulting from delays, nondeliveries, misdeliveries, service
interruption, use of software, viruses, system corruption, performance,
nonperformance, termination, breach, action or inaction, or Customer's
negligence, misconduct, errors or omissions.
Moapa Valley Telephone will not under any circumstances be responsible for loss of profit or
revenue, or for any direct, indirect, consequential, incidental, special,
punitive, or similar or additional damages whatsoever, including without
limitation, damages for loss of business profits, business interruption,
loss of business information, and the like, arising out of the use of or
inability to use the services provided hereunder, even if Moapa Valley Telephone has
been advised of the possibility of such damages. Customer agrees that its
sole remedy in event of any breach of this agreement shall be a refund of
fees paid to Moapa Valley Telephone.
In no event shall the cumulative liability of Moapa Valley Telephone under this agreement
exceed fees paid by you to Moapa Valley Telephone.
If any provision of this agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this
agreement will remain in full force and effect.
You agree to abide by the following AUP:
Moapa Valley Telephone Acceptable Use Policies (AUP)
Moapa Valley Telephone's Acceptable Use Policies (AUP) are created and enforced to protect
our customers, as well as the Internet community, from illegal and
irresponsible activities and behaviors.
General
Impersonation:
You may not impersonate, or influence someone to believe you are someone you
are not in any way, through forged email, news posting header or other
identifying information.
Unfriendly Internet activity:
You may not engage in activities that impair
Moapa Valley Telephone's ability to deliver its services to its customers.
Privacy violations:
It is prohibited to gain access, or "hack", any computer system or customer
account without consent of its owner. Successful and unsuccessful attempts
to gain unauthorized access to any user account or computer system are
considered privacy violations.
Adverse Economic Impact
You may not share and/or re-sell Moapa Valley Telephone service without prior written
permission.
Untimely account payment(s) of any and/or all amounts that are due may
result in account cancellation or suspension.
Excessive bandwidth or disk utilization
Moapa Valley Telephone specifies bandwidth and disk utilization limits in its account
descriptions. Exceeding these limits will incur additional surcharges.
Bandwidth utilization is determined by the total number of bytes transferred
from an account's Web and FTP space. Disk utilization is determined by the
total number of bytes required to store an account's Web, FTP, and Mail data.
Moapa Valley Telephone servers automatically limit excess bandwidth utilization. If Moapa Valley Telephone
determines an account is, or has, exceeded the disk utilization, the account
owner will be notified by automated e-mail. If the excess use continues
after notification, the account owner may be asked to upgrade the account's
service agreement and/or modify the account activity causing the excess use.
If excessive disk space utilization is determined to adversely affect
Moapa Valley Telephone's ability to provide service, immediate action will be taken. The
account owner will be notified by email as soon as practicable.
Your Privacy
At times, computing system problems may arise. During these unlikely events,
it may be necessary for Moapa Valley Telephone to examine system accounting logs and other
records. Therefore, Moapa Valley Telephone reserves the right to access an account's mailbox
and file space as needed to resolve system problems.
Moapa Valley Telephone will cooperate with the appropriate legal authorities while
investigating illegal activity claims and/or matters. The claims and
matters include, but are not limited to illegal transfer or use of
copyrighted material and/or postings and electronic mail containing
threats of violence, or other illegal activity.
Moapa Valley Telephone assumes no liability and makes no guarantee, either expressed or
implied, for the security of any data on any server. Additionally, Moapa Valley Telephone
also assumes no liability and makes no guarantee, either expressed or
implied, for the security of any data on any of its servers including any
"secure servers."
Moapa Valley Telephone expressly warns its customers that no computer system should
be considered safe from intrusion. E-mail often passes through
multiple computer systems. E-mail can not, and should not, be considered
a secure means of communication unless encrypted, or coded. When
encrypted, the information is only as secure as the encryption method.
E-mail
Unsolicited Commercial e-mail:
Moapa Valley Telephone prohibits the sending of unsolicited commercial e-mail (UCE),
or "spam". Using any Moapa Valley Telephone service for advertising, promoting,
sending, or receiving responses to unsolicited commercial e-mail(UCE)
is prohibited.
Mail bombing:
Sending large volumes of unsolicited e-mail is prohibited.
Harassment:
It is strictly prohibited to continue delivering offending, threatening
or harassing e-mail after being requested to stop. Extremely threatening
or harassing e-mail may be reported to the appropriate authorities.
News
Newsgroup spamming:
You may post any single newsgroup article to no more than 15
newsgroups. This type of posting method is known as "cross-posting".
Articles posted in more than 15 newsgroups may be deleted. These
postings may also be subject to cancellation across the Internet.
"Off-topic" and/or inappropriate postings:
Usually, there is no restriction on content, except as defined by each
newsgroup. Continued posting of "off-topic" articles (articles not relevant to the particular newsgroup) is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.
Internet Relay Chat (IRC)
The use of IRC bots is prohibited, as is the violation of any accepted
policies on IRC servers. If Moapa Valley Telephone is banned from an IRC server as a result
of your violations of our and/or their polices your account may be
terminated.
Interpretation
These acceptable use policy statements (AUP's) provide a general
understanding of Moapa Valley Telephone's policy regarding the use of Moapa Valley Telephone services. As
with any set of rules, guidelines and policies, common sense and
judgment are exercised while enforcing this policy system. With this
in mind, flagrant and/or repeated Policy violations are viewed
differently than minor infractions or actions that are unintentional
and cause little, if any, harm.
Protecting our customers and our resources, providing quality service
to our customers, conforming with existing laws, and preserving our
reputation as a service provider are contributing factors regarding the
decisions made on policy violations.
It is Moapa Valley Telephone's intention to allow Moapa Valley Telephone customers access to everything
the Internet has to offer with minimal or no interference. Our belief
in Free Speech is a firm commitment to our customers. However, there
are certain activities considered inappropriate by the Internet
community at large, and cannot be permitted under the guise of Free Speech.
Moapa Valley Telephone does not censor or pre-screen content from the Internet, or any
newsgroups, accessed by its computer servers. It is Moapa Valley Telephone's corporate belief
that it is the customer's choice as to what the individual should, or should
not view or hear. We do advise our customers that tools, such as Cyber
Patrol or Net Nanny are available to screen an account's access to Internet
sites and/or newsgroups one considers offensive. It is the account owner's
responsibility to make use of such tools if desired.
Moapa Valley Telephone reserves the right to monitor accounts for system utilization,
system optimization and billing purposes.
Violation of any of the policies in this document may result in the
immediate inactivation or termination of service.