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Internet Services
Subscriber Terms & Conditions, Effective August 8, 2002 |
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1. Introduction Welcome to the StratoNet, Inc. (“StratoNet”). StratoNet is a Florida-based Internet service provider offering commercial and residential Internet connections and Internet services. To protect our image and our property, we have some basic rules and guidelines for subscribers and non-subscriber visitors. These are common sense rules about StratoNet network usage, accounts, and property. This document is a contractual agreement (“Agreement”) between StratoNet and each StratoNet subscriber or website visitor. The Agreement contains three parts: (i) the Website User Agreement, (ii) an Acceptable Use Policy (“AUP”); and (iii) a Privacy Policy. As a condition for accessing the StratoNet website and/or requesting, subscribing to, or otherwise using StratoNet’s products or services, each StratoNet subscriber or website visitor must agree to the terms of the entire Agreement. By accessing or using this Website, or by requesting, subscribing to or otherwise using StratoNet’s products or services, you agree to be bound by the terms and conditions of each of the three parts of this Agreement, including the Website User Agreement, the Acceptable Use Policy (“AUP”); and the Privacy Policy. The following terms and conditions of this Agreement may be updated or otherwise changed from time to time. StratoNet may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.strato.net/terms. 2. Definitions “Agreement” means the terms and conditions and other statements set forth in this document, whether located on the same or different web pages. “StratoNet” means StratoNet, Inc. and includes its parents, affiliates, subsidiaries, officers, directors, employees, agents, representatives, successors, and assigns. “StratoNet Website” means the website located at http://www.strato.net or any other domain name or other address at which this website may be accessed. “Subscriber”
or “user” or “you” or "your" refers to any and all individuals,
companies, organizations, and other entities who access or use this website
in any way imaginable, whether through existing technology or through
technology not heretofore manufactured or discovered, or who request,
subscribe to, access, or otherwise use the services and products offered by
StratoNet, including, without limitation, Internet access services. “Unlimited
Access” means the Subscriber may connect to StratoNet services at any time of
the day. StratoNet offers several
different types of accounts; Residential (Personal use), Commercial (Business
use) and Custom (Special agreement).
Using a Residential/Personal account for high volume or commercial use
(e.g., revenue generation, advertising, etc.) is prohibited. 3. Security & Privacy Tips on the Internet http://www.strato.net/terms Computer security and privacy are complex issues. It is important to understand these points: Remember that there are unscrupulous people out there who know how to circumvent system security. Accordingly, you should guard your password carefully and move private and important files to your own system’s hard drive, if possible. Your password is the ultimate key to all of the information in your account, including your email, your files, and your service level information. Any communication you make to StratoNet over the Internet, whether sent via e-mail or via a form on the StratoNet Website, should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted. In other words, communicating over the Internet via a website form or email is similar to sending a post card—it may be read by third parties. A good rule of thumb to follow is this: do not send by electronic mail or keep on-line anything you would not want read by your mother or your boss or to turn up on the front page of the local newspaper. 4. Account Activation, Payment & Billing StratoNet offers Internet access accounts on a monthly basis. Service must be paid for in advance. Each new Internet access account starts on the date the account is activated. The Subscriber’s payment due date is on a thirty day cycle starting from the date on which the Internet access account is activated. Monthly payments are due every thirty days. For example, if a Subscriber signs up for an Internet access account on June 15, the first payment is due on June 15, the next payment is due thirty days later. The actual billing date will vary depending on the number of days in any given month. For quarterly accounts, billing is every ninety days, and so on. StratoNet may, in its sole discretion, may offer quarterly plans and other special packages for Internet access. Existing Subscribers (i.e., those who are Subscribers on the date the plan or package is first offered) may change to a different rate plan at their renewal period; provided that they qualify for that plan, and provided that no other restrictions apply. Annual contracts for DSL and Broadband services are NON-CANCELLABLE/NON-REFUNDABLE except where specifically allowed by the contract. Pre-paid accounts (monthly, quarterly, etc. and
special packages) are NON-REFUNDABLE and NOT PRO-RATED
regardless of use. If, however, for technical reasons within the control and
duty of StratoNet, a new account Subscriber is unable to properly configure
and/or connect to StratoNet within the first twenty days after signing-up for
a new account and the customer contacted StratoNet technical support but was
still unable to resolve the issue, pre-paid fees will be refunded. Rates, plans, pricing and special offers
are subject to change without notice. If you pay by credit card, you expressly authorize
StratoNet to automatically charge the Subscribers credit card each billing
period without further authorization from the Subscriber. Each time you use
StratoNet, you agree and reaffirm that StratoNet, is authorized to charge
your designated card. This authorization will remain valid until you terminate
your authorization in writing. Subscriber
shall be responsible for the gross amount of any present of future federal,
state, municipal or other government sales, use excise, value added or other
similar taxes applicable to the price, sales or delivery of any services
furnished hereunder or to their use by Subscriber. Your account may be immediately terminated, at StratoNet's sole
discretion, for declined credit cards, returned checks, or any other
non-payment of account charges. If
you choose to pay by check or money order, it is your responsibility to get
payment to us on time. We may, in our sole discretion, send you an email
reminder stating the amount due. A processing fee may apply for payments made
by check and/or services that required mailed invoices. Subscriber is
responsible for all TAXES, surcharges, telephone charges and fees by third
parties. Checks returned from our bank will be subject to an insufficient
funds (“NSF”) fee of $25.00. Customers will be notified by email or regular
mail (at our discretion) upon receipt of a returned or NSF check, and will
have 10 days from the date of that notice to remit payment, either with a
cashiers check or money order, for both the returned check amount and the NSF
Fee. If full payment is not received in 10 days the account will be suspended
pending payment as mentioned above. If any account is more than 60 days past
due, StratoNet may, at its sole discretion, report such delinquent account to
any credit-reporting or similar agency. Subscriber
must notify StratoNet, Inc. of any discrepancies or irregularities within
sixty (60) days after they first appear on invoices or credit card
statements. Failure to notify
StratoNet, Inc., will be deemed acceptance by you for all purposes, including
resolution of inquiries made by credit card issuer. Subscriber releases StratoNet, Inc. from all liability and
claim of loss resulting form any error or discrepancy that is not reported to
StratoNet, inc, within sixty, (60) days of its publication date. Suspended,
terminated or cancelled accounts are subject to a re-connection fee. Late
payments are subject to late fees. Cancellation: A Subscriber may cancel their account at the end of their current term (rate plan) by notifying StratoNet in writing or by Email. Written notification must be mailed to StratoNet, Inc., PO Box 1881, Sebring, Florida 33871-1881. Email notification of cancellation must be sent to billing@strato.net with “Cancellation” in the subject line. Commercial account customers must contact our billing department via the methods listed above to obtain information about canceling services. NOTE: Although StratoNet, at the request of a subscriber, will cancel (“turn-off”) access at any time, pre-paid accounts (monthly, quarterly, etc. and special packages) are NON REFUNDABLE. 5. Refusal & Termination of Service StratoNet
reserves the right to terminate or refuse service to anyone, at any time, for
any reason, without prior notice, including, without limitation, for
violating any provision of this Agreement or Policy. No Transfers of Accounts. A Subscriber is prohibited from transferring his, her or its
Internet access account, and is prohibited from allowing any other person
(other than authorized family household members) to use their account. If the
Subscriber has multiple accounts, the Subscriber is limited to one log-in
session per system account at any given time. Accounts that we believe have
been transferred to third parties, or which indicate activity in violation of
this paragraph, are subject to being immediately suspended or terminated at
StratoNet’s sole discretion. 6. Promotional Offers StratoNet may occasionally make promotional offers. These promotions, when offered, are subject to change or discontinuation without notice, and are available only on a one-time basis to new customers. Promotional offers are not offered or available to any Subscriber who maintains an account with StratoNet as of the date the promotional offer is posted to the StratoNet Website unless otherwise conveyed. Promotional offers may not be used in conjunction with any other discount or offer. 7. License StratoNet grants, subject to the terms of this Agreement, a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the StratoNet Website in real time and to use the materials in the StratoNet Website in a manner consistent with Paragraph 8 (Intellectual Property Rights) below. 8. Intellectual Property Rights StratoNet respects the intellectual property rights of others. Unauthorized duplication of any content downloaded from the StratoNet Website, although convenient, is a violation of copyright law and international treaties. A. Copyrights StratoNet owns the copyright in the content of this site, including, without limitation, all text, graphics, logos, buttons, icons, images, software, HTML, object code, source code, and other code, video material, audio material, multimedia material, artwork, photographs, and other content (“StratoNet Copyright Material”). The StratoNet Copyright Material is protected by state, U.S. federal, and international copyright laws. You may display and download portions of the StratoNet Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the StratoNet Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, or display, or any commercial use of the content on this site are strictly prohibited by law. B. Trademarks StratoNetä and the StratoNet design, images, and graphics are trademarks, trade names, or service marks of StratoNet. The StratoNetä word marks, design, graphics, trademarks, trade names, and service marks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of an officer or director of StratoNet. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners. C. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for StratoNet, Inc.: Henry J. Fasthoff, IV To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website; 3. A reasonably detailed description of where the alleged infringing material is located on this website; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 9. Submissions Regarding Website Content StratoNet values and encourages Subscriber feedback on StratoNet’s products and services. Pursuant to StratoNet’s company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested by StratoNet. Our policy is designed to eliminate the possibility of future misunderstandings and disputes if and when StratoNet decides to implement an idea that is similar to one submitted by you. We hope you understand the business reasons behind our policy. If you choose to send any creative submissions to us, whether at StratoNet’s request, or despite our request that you do not send submissions to us, all submissions shall be deemed, and shall remain, the exclusive property of StratoNet, and StratoNet shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe. StratoNet shall be entitled to complete unrestricted use of the submissions for any purpose, whether commercial or otherwise, without compensation to or recognition of the provider of the submissions. 10. Subscriber & Visitor Representations & Warranties If you are a Visitor and intend only to browse the StratoNet Website, you represent and warrant that you are at least 13 years of age. If you are not at least 13 years of age, federal law requires us to ask that you cease browsing this website and leave this website now. If you are a Subscriber or intend to seek products or services from StratoNet, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the StratoNet Website, products, and services in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the StratoNet Website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the registration form or other form; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, StratoNet has the right to terminate your account and refuse any and all current or future use of the StratoNet Website. 11. External Links to Third Party Sites The StratoNet Website may provide links to sites owned, operated, and/or controlled by third parties over whom StratoNet has no control (the “External Links”). StratoNet encourages you to use discretion when browsing the Internet, using our service or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, StratoNet cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites. You hereby irrevocably waive any and all claims you have or may in the future have against StratoNet with respect to any and all third party sites. The External Links are provided to the Subscriber strictly as a convenience. The Subscriber alone is solely responsible for anything that occurs on, or is related in way to, the access or use of an External Link or third party site. 12. Governing Law, Jurisdiction, & Venue All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Florida and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Highlands County, Florida or the U.S. District Court for the Middle District of Florida. You expressly agree to submit to jurisdiction and venue in Highlands County, Florida or the U.S. District Court for the Middle District of Florida, regardless of the location from which you access or use information or materials from this site. Accordingly, any claim or action arising under or relating to this Agreement may be brought only in Highlands County, Florida or the U.S. District Court for the Middle District of Florida, and the Parties agree to waive jurisdiction and venue in any other forum. 13. Software Export Controls Subscribers who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software available on the StratoNet Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 14. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS STRATONET, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. STRATONET MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO ADVERSELY AFFECT STRATONET’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT STRATONET’S PRIOR WRITTEN APPROVAL. 15. LIMITATION OF LIABILITY ACCESS TO THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT STRATONET, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR STRATONET’S PROVISION OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY STRATONET NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, STRATONET SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY. 16. DISCLAIMER OF ALL OTHER WARRANTIES ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS” BASIS. STRATONET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. STRATONET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STRATONET SHALL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY. 17. Promotions and Informational Updates By
registering with the StratoNet Website, or by requesting, subscribing to, or
otherwise using the StratoNet products or services, Website, you agree to
receive via email, U.S. mail, or through other contact, updates,
advertisements, and other informational materials (“Informational Materials”)
from StratoNet. If at any time you wish to cease receiving such Informational
Materials, you must give us written notice, either via email or U.S. mail,
that you no longer wish to receive the Informational Materials. Notification
may be addressed to us at: Remove From Mailing List PO Box
1881, Sebring, Florida 33871-1881. Email notifications may be sent to us at
remove@strato.net, or at other such address(es) as we may designate from time
to time. ACCEPTABLE USE POLICY 18. StratoNet System Network & Security Violations of system or network security are prohibited, and may result in criminal and civil liability. StratoNet may investigate incidents involving such violations. In addition, StratoNet may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, 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. • Interference with service to any user, host or network including, without limitation, mail-bombing, 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 email or a newsgroup posting. • Subscribers or visitors who engage in such violations are solely responsible for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by StratoNet. Labor is categorized as emergency security breach recovery and is currently charged at US $60.00 per hour. Inquiries regarding security matters may be directed to abuse@strato.net. Falsely reporting abuse may be a criminal offense and StratoNet will report such false reporting to the appropriate agencies. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. StratoNet will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy. 19. Lawful Purpose StratoNet’s network may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of StratoNet’s AUP is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful or fraudulent content. Any conduct by any StratoNet Subscriber or visitor that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of StratoNet’s products or services is strictly prohibited. Using the StratoNet network to perform, or solicit the performance of, any illegal activity is also strictly prohibited. 20. Unsolicited Commercial Email (“Junk Email”) StratoNet Subscribers may not use or permit others to use the StratoNet network to transmit or traffic in unsolicited commercial email (“UCE” or “JUNK EMAIL”). Sending a commercial message to more than five recipients is JUNK EMAIL, unless the individuals have specifically requested to be added to a mailing list on that topic, or otherwise consented to the message. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in newsgroups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium. StratoNet Subscribers are prohibited from using or permitting others to use JUNK EMAIL over the StratoNet network. Violation of StratoNet's JUNK EMAIL policy will result in severe penalties. Upon notification of an alleged violation of our JUNK EMAIL policy, StratoNet will initiate an immediate investigation (typically within 48 hours of receiving notification). During the investigation, StratoNet may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our JUNK EMAIL policy, StratoNet may, at its sole discretion, restrict, suspend or terminate customer's account. Further, StratoNet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. StratoNet will notify law enforcement officials if the violation is believed to be a criminal offense. Violation of StratoNet's JUNK EMAIL policy may be reported to abuse@strato.net 21. Checking Your Email StratoNet
operates some of the most modern and efficient mail servers available.
Repeated checking of mail at short intervals places an unnecessary burden on
the servers. It can also cause problems with your mail file on our server,
affecting your ability to get your e-mail. If you configure your e-mail
program to automatically check mail, StratoNet recommends that you set the
interval over 15 minutes. If you repeatedly check mail at short intervals for
extended periods of time, you will be asked to either change the interval or
disable the automatic mail checking. StratoNet employs the use of Virus and Junk Email filtering systems. These systems may be provided directly by StratoNet and/or by third party vendors and are intended to assist both StratoNet and the Subscriber from receiving harmful and/or annoying Email. Subscriber is responsible to manage their own Email and to act in a responsible manner. Subscriber agrees to abide by the Use Policies/Terms specific to these services. Email was designed to move a large number of small text files around the Internet very quickly. Large e-mail attachments slow down the performance of the mail server, and they can cause problems with your mail program that could prevent you from getting your mail. StratoNet requests that you limit the size of your email messages and attachments to under 2 megabytes, and the overall size of your mailbox to under 5 megabytes. Some services allow for larger size limits. Also, additional limits may be available by special request and/or for an additional charge You agree to configure your e-mail program to remove mail from the server after it is read. StratoNet may, at its sole discretion, electronically limit the size of individual messages or user inbox size. This will be determined by our engineering staff for the purpose of mail server efficiency, and may change at any time. If you need assistance in configuring your e-mail program, please contact StratoNet Technical Support at support@strato.net 22. Subscriber Password Protection Each Subscriber is responsible for protecting his or her password(s) and for any authorized or unauthorized use made of his or her password(s). You agree that you will not use or permit anyone to use StratoNet’s service to guess passwords or to access other systems or networks without authorization. StratoNet will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Proof of identification is required prior to obtain lost or forgotten passwords and StratoNet will NOT give lost or forgotten passwords over the telephone. Some passwords are not available for recovery. 23. Internet Etiquette & Abuse We want each person to have the best Internet experience possible. We do not, however, wish it to be at the expense of others. The Internet is a global computer network, which is comprised of people from diverse backgrounds. When communicating with people on the Internet, it is best to keep in mind that the person on the other end wants to be treated with the same respect, as you would expect. StratoNet cooperates fully with other Internet service providers. Reports of illegal, reckless, irresponsible, abusive, or malicious behavior by a StratoNet Subscriber may be investigated. If the reports are substantiated, violators will be asked to either cease those activities or to seek a new Internet service provider. Following is a set of general guidelines regarding the most common forms of Internet activities: e-mail, newsgroups, Internet Relay Chat, and interactive games. A. Electronic Mail (E-mail) Unless you are using an encryption device (hardware or software), you should assume that mail on the Internet is not secure. Never put in a mail message anything you would not put on a postcard (such as your password or credit card information). B. Unsolicited e-mail advertising (JUNK EMAIL) The cost of delivering an e-mail message is paid by both the sender and the recipient. Sending someone mail may also cost them in other ways like network bandwidth, disk space or CPU usage. This is a fundamental economic reason why unsolicited commercial email is not welcome. Using StratoNet’s mail servers or network to send unsolicited bulk commercial e-mail will result in immediate termination of service. C. Newsgroups StratoNetä does not regulate the content of newsgroups. Please do not contact StratoNet regarding copyright issues, inflammatory posts, etc. StratoNetä offers following general guidelines when posting to newsgroups: 1. Cross posting Posting to multiple newsgroups is known as "cross posting" and is typically forbidden. Complaints of excessive cross posting will be investigated, particularly if it involves posting commercial material or posting to inappropriate newsgroups. 2. Commercial Posts Commercial posts are frowned upon in most newsgroups. If you are attempting to sell goods or services, please make sure you do so in the proper forums (*.for sale, business groups, etc.). 3. Chain Letters/Pyramid Schemes Under federal law, certain types of chain letters and pyramid schemes are illegal. If you are found to be posting these to newsgroups or sending them via e-mail, your account will be terminated. To read more about illegal chain letters, visit the U.S. Postal Service’s website at http://new.usps.com/cpim/ftp/pubs/pub300a.pdf. 24. Internet Relay Chat Internet Relay Chat (“IRC”) is a global network of chat servers that offer people the ability to converse in real-time, text based, chat. IRC is controlled by IRC server administrators, server operators, and channel operators. Due to the nature of IRC, it is impossible for StratoNetä to monitor the content of speech. If you utilize IRC, you may be exposed to material that you find offensive. Below is a set of guidelines to use when on IRC: A. Do Not Use Bots Bots (short for “robots”) are automated processes that run on IRC servers. Although some bots may appear beneficial, they consume valuable bandwidth that could be allocated to a human user. Bots may not be run on IRC servers that prohibit the use of bots. B. Do Not Engage In Channel Abuse Subscribers who hack channel ops, e.g., flood IRC channels with messages, or who flood other users will be contacted about these activities. C. Do Not Harass Others Although freedom of speech is protected under the First Amendment of the United States Constitution, StratoNet frowns upon those who act in an antisocial or irresponsible manner towards others. Examples of harassing behavior include, but are not limited to, nickname collision, use of abusive or lewd language, or stalking (following another user from channel to channel or continued messaging of another user who has asked you to stop). If another person requests that you stop your actions, you should stop. Failure to do so may result in civil or criminal liability. 25. Online Game Servers Online gaming is a highly popular Internet use. Each online game server has its own set of acceptable use policies. StratoNet expects its Subscribers to follow the rules of appropriate behavior when using online game servers on the Internet. Examples of unacceptable behavior would include any actions that would prevent others from participating, or hacking or cheating that would deny others an equal opportunity to play. The use of bots or other forms of automated play are prohibited by all game servers. Of course, any form of cheating will get a user banned from a game server. Complaints from game server administrators about StratoNet Subscribers may be treated as violations of the StratoNet AUP. 26. Severability & Access If
any provision of this Agreement is declared unlawful, void, or for any reason
unenforceable, that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions. StratoNet may change its POP numbers at any time.
StratoNet reserves the right to direct Members to use certain numbers to
access the Service or to restrict use of specific access numbers. Usernames,
passwords and email addresses are StratoNet’s property and StratoNet may
alter or replace them at any time. Members agree not to use
any automatic method to avoid inactivity disconnect or to otherwise maintain
a connection unless actively using it. Members agree not to provide any
public information services over a dial-up connection. Local access dial-up numbers may not be available
in all areas. You are solely responsible for determining if use of a
particular dial-up number will cause you to incur long-distance, toll, or
other charges. StratoNet is not responsible for any long-distance, toll or
other telecommunications charges you incur. StratoNet
has no obligation to monitor the Services, but may do so and disclose
information regarding use of the Services for any reason if StratoNet, in its
sole discretion, believes that it is reasonable to do so, including to:
satisfy laws, regulations, or governmental or legal requests; operate the
Services properly; or protect itself and its Members. Please see our Privacy Policy. StratoNet may
immediately remove your material or information from StratoNet’s servers, in
whole or in part, which StratoNet, in its sole and absolute discretion,
determines to infringe another’s property rights or to violate our Acceptable Use Policy. StratoNet Privacy Policy 27. Privacy Policy Introduction StratoNet is committed to safeguarding personal information collected from its visitors at the StratoNet Website. This privacy policy governs the collection and use of information at the StratoNet Website. As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. We will, however, treat all personal information we collect in accordance with the privacy policy in effect at the time the information is collected. 28. User Requirements StratoNet’s Subscribers must be at least eighteen (18) years old. Visitors under the age of thirteen (13) are prohibited from registering or even accessing or otherwise using the StratoNet Website and StratoNet network. In consideration of your use of the StratoNet Website, you agree to: (i) provide true, accurate, current and complete information about you as requested by the registration form or other form; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. The information you provide shall be referred to as "Registration Data." If you provide any information that is untrue, inaccurate, not current or incomplete, StratoNet has the right to terminate your account and refuse any and all current or future use of the StratoNet Website. 29. Collection & Use of Information StratoNet is the sole owner of the information collected on this site. StratoNet does not sell, share, or rent this information to others in ways different from what is disclosed in this statement. StratoNet collects information from its website visitors and Subscribers at different points on the site. 30. Personally Identifying Information When you register with the StratoNet Website, request products or services from StratoNet, or participate in online polls, surveys, sweepstakes, or contests, you are requested to provide certain contact information to StratoNet, such as your name, physical address, credit card information, email address, and other information. StratoNet uses such information (i) to notify you in the event you win any contest or sweepstakes; (ii) for internal marketing purposes; (iii) contact you with promotions, updates, and other informational materials. 31. Anonymous Information StratoNet logs your Internet Protocol (“IP”) address when you visit the StratoNet Website. In addition, your IP address is recorded every time you view a Web Page on the StratoNet Website. Other information that may be collected at various points throughout the StratoNet system include the type of operating system (i.e., Windows, Unix, Macintosh, etc.) and the type of browser you are using (such as Internet Explorer, Netscape Navigator) and caller identification 32. Sharing of Information StratoNet uses the information collected from the StratoNet website for internal marketing purposes. We will share aggregated demographic information with our partners. This information is not linked to any personal information that can identify any individual person. We use a credit card processing company to bill Subscribers for goods and services. To our knowledge, these companies do not retain, share, store or use personally identifiable information for any secondary purposes. 33. Updating Personal Information If
your personally-identifiable information changes (such as your address), or
if you no longer desire for us to maintain your personally identifiable
information, you must provide us with a written communication sent via U.S.
mail to: Remove From Mailing List, PO Box 1881, Sebring, Florida
33871-1881. Email
notifications may be sent to us at remove@strato.net, or at other such
address(es) as we may designate from time to time. 34. Cookies “Cookies” are text files that are placed on a website visitor’s computer hard drive when that visitor accesses a particular website. Cookies allow website owners/operators to detect when a particular computer returns to the StratoNet website. Cookies are used for marketing purposes. The StratoNet Website may employ the use of Cookies at any given time. 35. External Links-Privacy The StratoNet Website contains links to third-party sites over whom StratoNet has no authority or control. Please understand that StratoNet is not responsible for the privacy practices of such other sites. StratoNet encourages you to be aware of when you leave the StratoNet Website, and to read the privacy policies of each website that you visit. This Privacy Policy applies solely to information collected by the StratoNet Website. 36. Special Offers Subscribers will sometimes receive information on our services and promotions. Out of respect for the privacy of our Subscribers we present the option to not receive these types of communications. Please see the “Opt-Out” provision below. 37. Informational Materials & Opt Out By
registering with the StratoNet Website, subscribing to StratoNet’s products
or services, or participating in online polls, sweepstakes, contests, or the
like at the StratoNet Website, you agree to receive via email, U.S. mail, or
through other contact, updates, advertisements, and other informational
materials (“Informational Materials”) from StratoNet. If at any time you wish
to cease receiving such Informational Materials, you must give us written
notice, either via email or U.S. mail, that you no longer wish to receive the
Informational Materials. Notification may be addressed to us at: Remove From
Mailing List, PO Box 1881, Sebring, Florida 33871-1881. Email notifications may be sent
to us at remove@strato.net, or at other such address(es) as we may designate
from time to time. |