CMS Internet Subscriber Acceptable Use Policy
1. Introduction
CMSInter.Net supports the free flow of information and ideas over the Internet. CMSInter.Net does not actively monitor nor does CMSInter.Net exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over CMSInter.Net services. However, CMSInter.Net reserves the right to remove any materials that, in CMSInter.Net's sole discretion, are potentially illegal, may subject CMSInter.Net to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of your CMSInter.Net services. This policy should be read in conjunction with the CMSInter.Net Internet Access Agreement.
2. Policies
The following are violations of CMSInter.Net's acceptable use policies:
2.1. Using a personal account for high volume or commercial use. If you would like to receive high-volume or commercial services, please contact CMSInter.Net's Business Sales Department at 1-800-828-3745 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:
2.1.1. Any mailbox exceeding 30MB may, at CMSInter.Net's discretion, be unable to receive any new messages until the mailbox is brought below 30MB. This includes, but is not limited to the total sum of all webmail folders. (ie. Inbox, Sent, and Deleted items). Additional email space may be purchased by calling 1-800-828-3745.
2.1.2. Any mail left on CMSInter.Net's server for more than 30 days may, at CMSInter.Net's discretion, be removed unless other arrangements have been made in advance. In addition, CMSInter.Net may at their discretion purge users Deleted and Sent items from the CMS webmail systems at any time.
2.1.3. Exceeding 10MB of disk space for free Web sites. Any free Web site exceeding 10MB will be suspended until the customer brings the disk space usage under 10MB or less. Or, additional megabytes may be purchased. These prices may be obtained by calling 1-800-828-3745.
2.1.4. Exceeding 100MB of traffic in a one month period for free Web sites. Any free Web site exceeding 100MB of traffic will be billed for the excess traffic. Traffic over 100 MB will be charged $.10 per MB
2.2. Using CMSInter.Net services for illegal purposes or in support of illegal activities. In accordance with Section 5.2.1 of the Internet Access Agreement, CMSInter.Net 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 prohibited as potentially illegal include, but are not limited to:
2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
2.2.2. Exporting software or technical information in violation of U.S. export control laws.
2.2.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
2.2.4. Threatening bodily harm or property damage to individuals or groups.
2.2.5. Making fraudulent offers of products, items, or services originating from your account.
2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of CMSInter.Net's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
2.2.7. The unauthorized use of a person's name or likeness.
2.3. Harassing others by 'mail-bombing' or 'news-bombing', or other means, including but not limited to “instant messaging” and/or “chat” programs. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.
2.3.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.
2.3.1.1. Members acknowledge that they are expressly prohibited from utilizing CMSInter.Net's service, CMSInter.Net's equipment or any CMSInter.Net's email address in connection with the sending of the same or substantially similar unsolicited email 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 CMSInter.Net's service, CMSInter.Net's equipment or any CMSInter.Net's email address(es).
2.3.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and /or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
2.3.1.3. Member specifically agrees that he/she/it will not utilize the CMSInter.Net service, CMSInter.Net's equipment or any CMSInter.Net email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Members responsible for these acts may be terminated at CMSInter.Net's discretion. For each day upon which this provision is violated, Member agrees to pay CMSInter.Net $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, CMSInter.Net may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay CMSInter.Net $200.00 per day. CMSInter.Net at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent CMSInter.Net from seeking to obtain other legal remedies against member, including other damages or an injunction.
2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household).
2.4.1 At no time can there be simultaneous use of the same username and password combination.
2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through CMSInter.Net services.
2.6. Distributing viruses to or from CMSInter.Net systems.
2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using CMSInter.Net services or use the account for the purpose of operating a server of any type. (See section 3 below)
2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
2.11. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.
2.12. Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through a CMSInter.Net account or re-mailer, or using a CMSInter.Net account as a mail drop for responses.
3. Unlimited Service
Member acknowledges that CMSInter.Net's Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games and browsing the World Wide Web. Member further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, CMSInter.Net maintains the right to terminate members connection following any extended period or inactivity as determined by CMSInter.Net.
4. CMSInter.Net Assumes No Liability
CMSInter.Net has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on CMSInter.Net's systems, nor can CMSInter.Net ensure prompt removal of any such communications or content after transmission or posting. Accordingly, CMSInter.Net does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.
5. Revisions to this Policy
CMSInter.Net 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 CMSInter.Net homepage (http://www.CMSInter.Net), by electronic mail, or by conventional mail.
Copyright & Trademark Information
© 2008 CMS Internet LLC. Trademarks are property of their respective owners. CMS and the CMS logo are trademarks of CMS Internet LLC
CMS Internet Access Agreement
CMSInter.Net provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1. Service.
1.1 The Service includes: Internet access; Electronic mail ("email") and a single electronic mail address; one Web site (up to 1 megabyte) on CMSInter.Net's server (regardless of the number of mailboxes per your account).
1.2. Any means of identification assigned to you by CMSInter.Net (including usernames and email addresses) will remain the property of CMSInter.Net and at CMSInter.Net's sole discretion may be altered or replaced at any time.
1.3. CMSInter.Net makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. CMSInter.Net reserves the right to change the Service or any of its features at any time with or without notice.
1.4 CMSInter.Net reserves the right at CMSInter.Net’s sole discretion to completely block and or traffic shape all “P2P” type traffic on our network. This is to ensure the quality and performance of the network for all users.
1.5 CMSInter.Net makes no guarantees that our services will be compatible with any devices other than standard PC computers running Microsoft Windows 98 or newer operating systems, and Apple Macintosh Computers running OS 10.x or above. While many other devices may function without problem on our systems, we make no guarantees and offer no technical support for these devices.
1.6 CMSInter.Net reserves the right to disconnect services to any user that CMSInter.Net at their sole discretion determines to have an “infected computer”. Such infections may include, but are not limited to: Virus and Spyware infections. Subscriber will be encouraged to have their system cleaned by CMSInter.Net or a third party provider. Subscriber’s service will not be turned back on, until we have confirmation that their system is 100% clean.
1.7 CMSInter.Net reserves the right at our discretion send out service announcements, maintenance announcements, and/or special offers to our current subscribers either via the email address we have on file and/or via the postal address we have on file.
2. Registration Requirements.
2.1. Member certifies to CMSInter.Net that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide CMSInter.Net with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to CMSInter.Net within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3. Fees.
3.1. Setup fees are nonrefundable, and CMSInter.Net does not issue pro rata refunds for any fees paid in advance.
3.2. Unlimited Internet access as defined in section 3 of the Acceptable Use Policy, is offered by CMSInter.Net subject to the following limitations:
3.2.1. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR CMSInter.Net DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. CMSInter.Net IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
3.3. Current prices for CMSInter.Net services may be obtained by calling 1-800-828-3745. CMSInter.Net reserves the right to change prices and institute new fees. CMSInter.Net may change rates or institute new charges at any time upon 30 days prior notice. CMSInter.Net does not issue pro rata fee refunds.
3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to CMSInter.Net for insufficient funds.
3.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at CMSInter.Net's sole discretion.
If your account incurs charges which are denied by your financial institution, CMSInter.Net reserves the right to re-bill for those charges, regardless of your account status.
If your account is suspended, regular charges continue to accrue until you cancel your account. CMSInter.Net may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.
3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.
3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.8. If you believe that CMSInter.Net has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4. Use of the Service.
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your CMSInter.Net account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
4.3. You are responsible for all charges assessed as a result of use of your account. However, CMSInter.Net will not hold you responsible for charges attributable to an unauthorized users access to your account without your permission, provided that you notify CMSInter.Net within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the Service.
4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects CMSInter.Net to liability; or is in contravention of CMSInter.Net's Acceptable Use Policy. You agree to comply with all CMSInter.Net security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
5. Monitoring the Service; Disclosure of Member Information.
CMSInter.Net has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, CMSInter.Net will not disclose member information to outside persons or entities for the purpose of soliciting CMSInter.Net members.
CMSInter.Net, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
6. No Warranties are expressed, implied, or provided by CMSInter.Net.
6.1. Except for certain products and services specifically identified as being offered by CMSInter.Net, CMSInter.Net does not control any information, products or services on the Internet and except for such CMSInter.Net-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with CMSInter.Net.
6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CMSInter.Net DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CMSInter.Net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CMSInter.Net OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CMSInter.Net, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 CMSInter.Net SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. CMSInter.Net HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
7. Your Remedies.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL CMSInter.Net, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
8. Indemnity.
You agree to defend, indemnify, and hold CMSInter.Net and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
9. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "Yes" button at the end of this Agreement or upon establishment of your account. If you are a current CMSInter.Net member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
10. Termination of Agreement.
10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from CMSInter.Net. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. CMSInter.Net does not issue pro rata fee refunds.
10.2. CMSInter.Net may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.
10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to CMSInter.Net all copies of software and documentation that you received from CMSInter.Net.
10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. CMSInter.Net's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11. Notice.
11.1. You may change or cancel your CMSInter.Net account by the following methods only: first-class registered or certified mail, return receipt requested addressed to CMSInter.Net, Customer Service, 108 S. Main St., PO Box 395, Crystal, MI 48818; or telephone calls directed to Customer Service at 800-828-3745
11.2. CMSInter.Net may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to CMSInter.Net's web site at http://www.CMSInter.Net; or by US Mail or courier service at the address you provided CMSInter.Net when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
12. Miscellaneous.
12.1. CMSInter.Net's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Crystal, Michigan with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and CMSInter.Net. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and CMSInter.Net and/or your use of and/or CMSInter.Net's provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Michigan. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without CMSInter.Net's prior written consent.
12.5. This Agreement, and the Acceptable Use Policy, constitutes the entire agreement between you and CMSInter.Net with respect to the Service.
12.6. CMSInter.Net reserves the right to alter, amend or modify this Agreement at any time.
© 2008 CMS Internet LLC. Trademarks are property of their respective owners. CMS and the CMS logo are trademarks of CMS Internet LLC