Online Sign Up – Step 1 of 3 – MetroNets Acceptable Use Policy

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The MetroNets Internet Access Service is provided to MetroNets users for the purpose of communication with other computers on the Internet. MetroNets does not restrict access to any sites or information on the Internet. Therefore, MetroNets users have full and unrestricted access to any and all available information. However, MetroNets will restrict access to or from sites and computer that disrupt or interfere with the free use of MetroNets' Internet access service.

As more and more users connect to the Internet, misuse by some individuals become more common. From time to time, MetroNets will be forced to block access by those computers or networks, which are the source of this misuse. Since MetroNets is a multi-user network, one MetroNets user can have an adverse impact on all users. This practice is unfair to all MetroNets users.

MetroNets has developed this Acceptable Use Policy, which is a guide to what MetroNets' considers inappropriate use of the MetroNets' network and what actions MetroNets will take when MetroNets discovers inappropriate use of this service.

MetroNets' Internet Service is provided subject to the following terms and conditions:

1. Right to Change This Acceptable Use Policy

   MetroNets may modify this Acceptable Use Policy upon posting to the the MetroNets Web site. Customer's use of MetroNets services after such notice shall constitute customer's acceptance of these modifications.

2. Disclaimers

   MetroNets shall not be liable for, nor shall any credit allowance be extended for any failure of performance or equipment including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over MetroNets, or of any department, agency commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority, national emergencies, insurrections, riots, wars, unavailability of rights-of-way or materials, product constraints by manufacturers, or strikes, lock-outs, work stoppages, or other labor difficulties.

   The MetroNets service is provided on an "as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to MetroNnets services. MetroNets shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages arising in connection with your use of or inability to use the MetroNets services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by MetroNets' own negligence. MetroNets disclaims any responsibility for and under no circumstances shall be liable for any content, goods, and services available on or through the Internet or the MetroNets services.

3. Customer Information and Passwords

   The customer is responsible for all customer's information and safekeeping of password(s). MetroNets does not keep a copy of customer's passwords and therefore cannot provide customer created passwords to customers. MetroNets will change the account password for a customer upon notification by customer that customer's password has been lost or stolen. MetroNets is not liable for any usage and/or charges prior to MetroNets making the necessary account alteration. Electronic mail passing over the Internet should not be considered secure unless you employ some security measures at your computer. Even though we and other ISPs provide password protection for your email, email residing in email servers can be viewed with certain tools and dump programs. Proxy servers which protect your personal workstation from outside intrusion, can also track your Web browsing activities. MetroNets is not responsible for customer's personal files residing on MetroNets servers.

   WARNING: DATA SHOULD BE BACKED UP ON A REGULAR BASIS AS THIS IS THE ONLY WAY TO PREVENT ACCIDENTAL LOSS OF IMPORTANT DATA. METRONETS TAKES NO RESPONSIBILITY FOR THE LOSS OF CUSTOMER'S DATA UNDER ANY CIRCUMSTANCES.

4. Local, State and Federal Laws

   Customer agrees not to use the service in a manner that is contrary with any laws and regulations. Reproduction or transmission of material in violation of local, state, or U.S. law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on MetroNets' service through customer's account(s) does not violate or infringe any copyright, trademark, or patent, or contain anything that is obscene, libelous, or threatening. Software intended to facilitate any such violations or infringements may not be stored on MetroNets servers. Customer shall defend, indemnify, and hold harmless MetroNets from and against any claims, liabilities and expenses, including attorneys' fees, resulting from customer's use of the MetroNets service or customer's account in an unlawful manner or otherwise in violation of or contrary to customer's agreement with MetroNets' Acceptable Use Policies. At MetroNets' discretion, MetroNets may revoke customer's access to MetroNets services or accounts for inappropriate usage.

5. Excess Use

   Certain activities which create loops or repeat operations and those operations that places such a load on the network that other users are denied reasonable access, are considered excessive use. User will be notified by email of such use. If the excess use continues or is repeated after such notification, the customer may be requested to upgrade to our dedicated service agreement or to modify the operation creating the excess use. If excessive bandwidth, CPU, or disk space use is determined by MetroNets to adversely affect MetroNets' ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the customer will be notified by email as soon as practicable.

6. Unacceptable Use

   The following types of conduct are grounds for immediate suspension of MetroNets service.

   1. Sending unsolicited mass email messages (i.e., to more than 25 users) that provoke complaints from the recipients.
   2. Continued harassment of other individuals on the Internet after being asked to stop by those individuals or by MetroNets.
   3. Privacy violations: Attempts to gain access to any other system or user's private data without the express consent of the user.

7. Email Space Provided and Cleanup

   MetroNets will provide 7 MB of HD space for all email accounts of a single customer. MetroNets reserves the right to remove any email left on the email server for more than 90 days without prior agreement with MetroNets.

8. Monitoring

   MetroNets reserves the right to monitor any and all communications through or with MetroNets service. Customer agrees that MetroNets is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is expected. It may become necessary for MetroNets employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. MetroNets also reserves the right to access a customer's mailbox or other files stored on MetroNets systems to resolve system problems.

9. Cooperation with Authorities

   MetroNets 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 email containing threats of violence, or other illegal activity.

10. Privacy

    MetroNets will not release a customer's personal subscriber information, nor a customer's billing information, to any third party except upon presentation of a valid court order of a government or entity with jurisdiction. Customer agrees that MetroNets' judgment as to the validity of any court order or subpoena shall be considered proper and final.

11. Suspension or Cancellation of Account

    MetroNets reserves the right to suspend or cancel service to a customer 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 MetroNets that the customer may be performing activities harmful to MetroNets or its customers, employees, vendors, business partners, relationship or other users of the Internet.

12. Damages

    MetroNets reserves the right to collect damages (software, hardware, and man hours) for any harm done to MetroNets cable system or servers that require repair.

13. Change Service

    MetroNets reserves the right to change without notice the MetroNets service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

14. Price Change

    MetroNets reserves the right to change the price for services at any time. However, any price change will be proceeded by a 45 day written notice to all affected clients. Client who continue to use the service at the end of the 45 day period, agree to pay the new price.

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