Internet Service Acceptable Use Policy Agreement
This agreement is entered into by and between the person named on the Internet service application form (Customer) and Goldfield Access Network/Goldfield Telephone/Goldfield Communications(GAN/GT/GC) regarding right to use the Internet through GAN/GT/GC services as follows:
General Terms and Conditions
This agreement sets forth an Acceptable Use Policy with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by our customers. The following policy is non-exclusive. Any action about which there is doubt should be referred to GAN/GT/GC support personnel for evaluation. We may alter this policy from time to time, as need dictates.
During the term of this agreement, and subject to its terms and conditions, GAN/GT/GC grants Customer non-exclusive, non-transferable access to the Internet, through our services and equipment. Customer may access the Internet at such times as it is generally available and use data made available to Customer on the Internet. Customer hereby expressly agrees to comply with all license agreements or copyrights which may be included with downloaded software and/or information obtained through GAN/GT/GC's service.
GAN/GT/GC will retain ownership of the DSL modem provided to the customer upon sign-up. Customer will be responsible for the return of this modem upon termination of GAN/GT/GC services. A $50.00 charge will be assessed if the modem is not returned within ten days of service termination.
Either party may terminate this agreement at any time for any reason by giving written notice. Such notice is effective when given. Customer is obligated to pay for service through the termination date, as detailed on the final invoice.
The Acceptable Use Policy below defines the actions that GAN/GT/GC considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive and are provided solely for guidance to customers. If you are unsure whether any contemplated use or action is permitted, please be sure to ask us.
Customer shall be responsible for all access to and use of the software and/or information available through Customer's account whether or not Customer has knowledge of, or authorizes such access and use.
Internet data or any portion thereof may be copied, downloaded, stored, published, transmitted, sold, or otherwise used, in any form or by any means, where Customer:
- obtains the appropriate license, or
- secures the appropriate consent for copyright materials, if not otherwise expressly prohibited by this Agreement, as allowed by the fair-use provision of the United States Copyright Act, 17 USC./107.
All rights, title, and interest in all downloaded software and/or information, including the copyrights therein are, and shall continue to be, the exclusive property of the stated owners.
Customer shall not post or transmit any program or data which is copyrighted or otherwise protected without express written permission of its proper owner; or which might hinder or obstruct other authorized customers from accessing the system. Customer shall not abuse or fraudulently use the system in any way.
Customer will not intentionally release any virus, worm, or other harmful programming or item. If the customer does intentionally or unintentionally release any virus, worm, or harmful program or item, it becomes grounds for immediate termination and may subject the offender to civil or criminal liability.
Customer agrees that GAN/GT/GC is not responsible for providing any type of anti-virus, firewall or filtering software. Setup, maintenance, and use of such programs shall be Customer's responsibility, including the updating of the software/hardware with the most current definitions available.
The resale and/or sharing of GAN/GT/GC's products and services is not permitted, unless specifically permitted and documented in a written agreement.
GAN/GT/GC's dial-up accounts are intended for use by an individual Customer. Multiple logins are prohibited. Customers may not share passwords or accounts with others.
Activities that violate local, state, or federal statutes are prohibited.
Warranty and Limitation of Liability
By signing the application form for Internet access, Customer agrees to the terms and conditions of service described therein. Customer also agrees to indemnify GAN/GT/GC for any loss suffered to them by improper use of the Internet or the information or software derived there from. Customer further agrees to compensate anyone harmed by Customer's abusive use of the GAN/GT/GC Internet service.
The services provided by GAN/GT/GC and the software and/or information available on the internet are provided "AS IS", without warranties of any kind, express or implied, including but not limited to the warranties of performance, merchantability, or fitness for a particular purpose.
Under no circumstances will GAN/GT/GC be liable for any lost profits or other consequential, exemplary, incidental, direct, indirect, or other damages arising out of this agreement or Customer's use of GAN/GT/GC's Internet access service or equipment (including but not limited to lightning damage).
GAN/GT/GC provides a local access telephone number and is not liable for any long distance charges the Customer may incur.
Customer agrees to hold harmless GAN/GT/GC and its directors, officers, agents, and employees from all claims, demands and causes of action of every nature or kind, arising out of or as a result of any act or failure to act, whether or not negligent, in connection with the performance of work performed on the customer's computer or computer accessories by GAN/GT/GC. This agreement covers all acts and damages, whether known or not, which may hereafter appear or develop, arising from such services.
Measures for Resolving Abusive Activity
GAN/GT/GC enforces these policies with respect to our customers only. We are not responsible for abusive actions which originate from other sites or networks on the Internet.
Each Customer agrees that GAN/GT/GC and any entity or person connected or affiliated therewith may release the Customer's electronic communications and/or account access records to the authorities in connection with a criminal investigation or in response to a subpoena or court order, should that information be requested and is available.
GAN/GT/GC reserves the right, but does not undertake the obligation, to monitor and review any and all information, programs, files, etc. transmitted or received by Customer for the purpose of providing services and for determining compliance with the terms of this agreement.
The use of this system is a privilege that may be revoked by GAN/GT/GC at any time for abusive conduct, including, but not limited to, the placing of unlawful, obscene, abusive or otherwise objectionable information, language, or material. GAN/GT/GC shall be the sole arbiter of what constitutes abusive conduct.
Users who violate systems or network security may incur criminal or civil liability. GAN/GT/GC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
GAN/GT/GC reserves the right to restrict or terminate service without a refund in the event of a violation of this Acceptable Use Policy agreement. GAN/GT/GC also reserves the right to act upon an abuse, which may not be specifically named in this Acceptable Use Policy agreement, at its sole discretion. Use of GAN/GT/GC's systems and networks constitutes understanding and agreement of this policy.