Terms and Conditions
The main purpose of ByteSite is to provide access to the Internet for its subscribers through its various service types. It is the intention of ByteSite to allow its subscribers that access with minimal or no interference In a multi-subscriber environment such as ByteSite, the actions of a single subscriber may have a severe impact on other customers' abilities to access the Internet.
It is not uncommon for an Internet Service Provider (ISP) to be blocked from use of another organization's systems due to repeated misuses of that ISP's resources. As we feel that this would be grossly unfair to our many subscribers, ByteSite has adopted these Acceptable Use Policies.
They are intended to provide guidelines on what ByteSite constitutes inappropriate use of the access to the Internet and alert our subscribers to whatever actions we may be forced to take, with or without notice, should we become aware of the inappropriate use of this service. ByteSite recognizes that many of the individual components of the Internet have other specific guidelines for use.
The preservation of ByteSite's technical resources, the continuation of its high quality service to its customers, the compliance with existing laws and regulations, and the protection of ByteSite's reputation as a service provider compel us to enact the Acceptable Use Policies detailed below.
These guidelines will be enforced when dealing with complaints from the Internet community to determine when action should be taken. All ByteSite subscribers and advertisers are expected to follow these policies.
ACCESS TO ByteSite's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. Warranties / Disclaimers:
The ByteSite Internet service is provided on an "as is, as available" basis. While our intention is to provide more than adequate bandwidth to support our subscriber base, no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to ByteSite or any information or software therein.
ByteSite shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the ByteSite services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, service interruptions, or the inadvertent release or disclosure of information sent by you even if the same is caused by ByteSite's own negligence.
ByteSite further specifically disclaims to the full extent permitted by applicable law any responsibility for, and under no circumstances shall be liable for any conduct, content, goods, and services available on or through the Internet or through ByteSite services. In no event shall ByteSite's aggregate liability exceed the amount paid by you to ByteSite for ByteSite services. Use of any information obtained via ByteSite's Internet service is at the user's own risk.
ByteSite specifically disclaims any responsibility for the accuracy, safety, or quality of information obtained through its services.
The subscriber is responsible for all use of subscriber's account(s), confidentiality, safety of password(s), and ensuring file protections are set correctly. ByteSite retains the right to suspend access or change access to subscriber's account(s) immediately upon notification by subscriber that subscriber's password has been lost, stolen, or otherwise compromised.
ByteSite is not liable for the consequences of any usage of compromised accounts prior to ByteSite making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on this system is as private as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilised).
3. Personal Files:
ByteSite is not responsible for subscriber's personal files residing on ByteSite. ByteSite reserves the right to delete subscriber's personal files after one or both parties terminates the service agreement between ByteSite and subscriber.
4. Non-Transferability of Account:
The right to use ByteSite's Internet service is not transferable, being expressly limited to the individual or business whose name appears on the account.
5. Network Address Ownership:
Any network address assignments issued by ByteSite (i.e., IP address) are the property of ByteSite and are assigned dynamically. In the event service with ByteSite is discontinued for any reason, such addresses will revert to ByteSite. The network addresses are assigned on a per session basis and are designed to allow for Web Surfing. This design/assignment of network addresses could effect (not allow) some games/services (IRC, CU-SeeMe, web page hosting) which require a fully qualified address.
6. Compliance with all Laws:
- to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, Australia/National., or international law or regulation is prohibited
- that any material to be reproduced or transmitted on Soft-Tech's service through subscriber's account(s) does not violate or infringe any patent, trademark, copyright, statutory, common law, or proprietary rights of others
- that such material as might be reproduced or transmitted on ByteSite's service through his/her account does not contain anything obscene, libellous, or threatening. Subscriber agrees software intended to facilitate any such violations or infringements may not be stored on ByteSite
- at ByteSite's discretion, not to use ByteSite services or accounts for inappropriate usage; and
- subscriber shall defend, indemnify and hold harmless ByteSite from and against any claims, liabilities and expenses, including reasonable attorneys' fees, resulting from subscriber's use of the ByteSite service or subscriber's account(s) in an unlawful manner or otherwise in violation of or contrary to subscriber's Agreement with ByteSite or ByteSite's Acceptable Use Policies.
7. Acceptable Conduct:
The following usage of ByteSite resources is deemed acceptable under the terms of service:
- usage for private personal communications
- usage for public communications as suggested by the charters of USENET newsgroups, and the well-known guidelines generally accepted by the users and news administrators of same
- usage for research or educational purposes; and
- usage for data communications in accordance with applicable laws
8. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by ByteSite and may result in termination of the account(s) determined to have originated this conduct. In addition, ByteSite reserves the right, where feasible, to implement technical blocks to multiple postings by a ByteSite subscriber as described in (A), (B), (C), and (F) below before such postings are forwarded:
- violation of any applicable local, state, federal, or international laws
- posting identical or substantially similar articles to an excessive (more than 10) number of newsgroups or continued posting of articles which are off topic for a newsgroup (according to the newsgroup charter or which provoke complaints from the regular readers of the newsgroup for being off topic). ByteSite will apply a charge of $0.05 per copy for misposted USENET articles
- sending unsolicited mass (to more than 15 users) e-mailings which provoke complaints from the recipients. Any subscriber who perpetrates such unsolicited non-commercial mass e-mailings shall be subject to a $1,000 service charge, payable to ByteSite. Unsolicited commercial advertisements are not allowed in e-mail. ByteSite will apply a charge of $150 per user for unsolicited commercial e-mail
- engaging in either (a) or (b) from a provider other than ByteSite while using an account on ByteSite as a mail drop for responses, or to draw attention to a web site housed within ByteSite's networks
- continued harassment of other individuals on the Internet after being asked to stop by those individuals and by ByteSite
- mail bombing (the transmission of large volumes of unsolicited e-mail to individuals or to individual business accounts)
- impersonating another user or otherwise falsifying one's user name in e-mail, USENET postings, on Internet Relay Chat (IRC), or with any other Internet service
- privacy violations: Any attempt to gain access to any other system or users' private data without express consent of the user. Such attempts include, but are not limited to, tricking other people into releasing their passwords, password cracking, and security hole scanning
- use of IRC 'bots or clone bots on ByteSite. An IRC 'bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions
- use of programs or methods that trick our systems from disconnecting an inactive user after a pre-determined amount of time (or on deactivation of the Ad Bar), and/or a program that connects or re-connects the user's session automatically and without his/her manual intervention
- network unfriendly activity. Any attempt to interfere with the regular workings of ByteSite's systems or network connections or which adversely affect the ability of other people or systems to use ByteSite services or the Internet, including, but not limited to:
- any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other ByteSite system
- any use of this or any other ByteSite system as a staging ground to disable other systems
9. Right to Disconnect Nondedicated Accounts:
ByteSite unlimited access dial-up connections are not intended to be full-time dedicated connections and will be disconnected according to any conditions defined in the pricing structure found in Access Accounts under the relevant account categories. Subscriber agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the subscriber is actively using it, and not to provide public information services over the connection.
ByteSite reserves the right to impose a restriction on accounts deemed by it to be in violation of these conditions.
10. Excess Utilization of System or Network Resources:
ByteSite flat rate/unlimited access services are subject to fair use to ensure an enjoyable internet experience for all subscribers. Where ByteSite determines that excessive utilization adversely affects ByteSite's ability to provide service for all subscribers this may result in immediate action to relieve the problem. In that event, the subscriber will be notified as soon as is practicable.
11. Compliance with Rules of Other Networks:
Any access to other networks connected to ByteSite's Internet service must comply with the rules for that other network as well as with ByteSite's rules.
12. Monitoring / Privacy:
ByteSite reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that ByteSite is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for ByteSite employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
ByteSite also reserves the right to access a subscriber's mailbox or other files stored on ByteSite systems to resolve system problems or mail system errors.
13. Cooperation with Authorities:
ByteSite reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings, or e-mail containing threats of violence or other illegal activity.
14. Confidentiality of Personal Subscriber Information:
ByteSite will not release a subscriber's personal subscriber information, nor a subscriber's billing information to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Subscriber agrees that ByteSite's judgment as to the validity of any court order of subpoena shall be considered proper and final.
15. Right to Suspend or Cancel Account:
ByteSite reserves the right to suspend or cancel service to a subscriber at any time and without notice for any reason including, but not limited to, refusal or failure to pay for services provided or by sole judgment of ByteSite that the subscriber may be performing activities harmful to ByteSite or its subscribers, employees, vendors, business relationships, or any other users of the Internet.
16. Right to Damages:
ByteSite reserves the right to collect damages (software, hardware, and man hours) if any harm is done to ByteSite which requires repair or reconfiguration of any kind.
17. Other Remedies / Non-Waiver:
Nothing contained in these policies shall be construed to limit action ByteSite may take or remedies available to ByteSite in any way with respect to any of the described conduct.
ByteSite reserves the right to take any additional actions ByteSite may consider appropriate with respect to such conduct, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the ByteSite service, and levying cancellation charges to cover ByteSite's costs in the event of disconnection of dedicated access for the causes outlined above.
In addition, ByteSite reserves at all times all rights and remedies available to ByteSite with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and ByteSite reserves the right to enforce such policy or rule at its sole discretion.
18. Right to Change Service:
ByteSite reserves the right to change without notice the ByteSite service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
19. Right to Modify Acceptable Use Policies:
ByteSite may modify its Acceptable Use Policies upon notice published on line via ByteSite's web page. Subscriber's use of ByteSite services after such notice shall constitute subscriber's acceptance of the modifications to these policies.
20. Telephone Charges (POP) Local Dial-in Errors Policy
It is the responsibility of the subscriber to verify with their local telephone company their correct access number to insure a local connection
ByteSite assumes no liability for Telephone charges incurred by users for incorrectly entering a local access number in their computer. ByteSite does not pay for the cost of connecting to our POPs under any circumstances. In addition, ByteSite will not reimburse customers for Telephone charges under the following conditions:
- failure to adequately install our software product
- improperly entering the local access number
- improperly obtaining a local access number from the Readme File or the ByteSite technical support pages
- improperly obtaining a local access number from Customer Service or any other ByteSite employee
- improperly obtaining a local access number from the technical insert provided with the software upon receipt of the product
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