By establishing, and use of your Internet Texoma, Inc. service, you agree to all of the Terms of Service and Policies set out in this document.
1. No re-selling or sharing of these services or using personal homepages for commercial purposes: This service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Internet Texoma, Inc. grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Internet Texoma, Inc. You may not resell either your access to the Internet or web space obtained from Internet Texoma, Inc. Nor may you share your service with any person who is not a member of your immediate household. Unless explicitly authorized in writing, no Internet access account shall be used for more than one simultaneous login (in this regard, a local area network (LAN) connection is considered a single login connection).
Personal homepages may not be used for commercial purposes.
If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
3. Prices and Charges.
You will timely pay the charges for the service you ordered according the the prices listed on Internet Texoma’s Pricing Page on the first day of the term for which you have purchased that service. In addition, you agree to pay the following in the event you are responsible for, generate or cause any unsolicited commercial e-mail to emanate or appear to emanate from this service:
Unsolicited Bulk E-mail (“spam”) cleanup:
a. $500 + $1.00 per message sent + $50.00 per complaint received by Internet Texoma, Inc., as well asb. any damages or loss of service to Internet Texoma, Inc. as a result of any spamming or other violations of these policies. These damages include, but are not limited to system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.
You agree that Internet Texoma, Inc. may pursue any such claims against you in District Court in Sherman, Grayson County, Texas.
4. Grounds for Suspension and Termination:
You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. You understand and agree that Internet Texoma, Inc. may suspend or terminate your account without notice for any violation of either these Terms and Policies or the other rules, regulations or policies noted above. You further understand and agree that Internet Texoma, Inc. has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law); b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); the suspension or termination which will result from spamming is entirely separate from and in addition to the charges imposed due to such activity;
c. Using the Service in an attempt to break security, or so as to actually break security of any computer or computer network (including the Service, itself), or to access an account, file or data of which you are not the owner or a communication of which you are not the sender or intended recipient;
d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender’s identity;
e. Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, downloading traffic of fifty (50) megabytes or more per day for the Subscriber’s web page or site, sending e-mail traffic in excess of fifty (50) megabytes per day, or using ping, e-mail check, excessive IRC logging, or any automated program to maintain a continuous connection to the Service;
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups;
g. Using the Service to operate server programs, including but not limited to mail, IRC, ftp or web servers.
h. Using the Service to promote or solicit Internet services in competition with Internet Texoma, Inc.;
i. Using the Service for unauthorized relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient’s account and/or the electronic system serving that account dysfunctional;
l. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s) or their connectivity, including but not limited to syn flood attacks and smurfing,
m. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);
n. Using the Service to forward or post “chain letters” (multiple forwarding) of any type;
o. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
p. Engaging in harassment, whether through language, frequency, or size of messages or sending patently offensive messages (especially those disparaging a particular person or group on ethnic, racial, national, sexual or religious grounds);
q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
You agree not to access nor attempt to access private areas of the Service.
6. Duty to Report breaches:
You agree to notify Internet Texoma, Inc. as soon as you become aware of any breach of these policies or unauthorized use of your account and/or any breach or attempted breach of security on the Service.
These terms of service and acceptable use policies may be changed at any time and for any reason by Internet Texoma, Inc. Revised terms and policies will be posted at http://www.texoma.net/it/policy.html. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform email@example.com at once, and your account will be closed, with a refund of any pre-paid amounts in excess of your current month as of the date of account closure.