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- USAtek USER POLICIES PAGE -
Revised: 02/07/2006
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Any changes in our policies reflect on all users on the system (past, present, and future customers). A current copy of the USAtek Incorporated policies will be kept on this site at all times. Changes in the policy effect all users.
USAtek Incorporated (USAtek), supports that Internet access services may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited and will result in termination of services provided by USAtek and its licensees. Use of other organizations' networks computing resources must comply with the policies of that network. Reliance on, or use of any information obtained via USAtek is at your own risk, and USAtek specifically deny any responsibility for accuracy or quality of information obtained through its network.
USAtek MAKES NO WARRANTIES EXPRESSED OR IMPLIED, including warranties of fitness for a particular purpose or merchantability. USAtek or other resellers of USAtek may determine inappropriate usage of this account, and the privilege may be revoked at our discretion. Should this occur, you will be informed in writing.
Every reasonable efffort is made to insure that the dial-up numbers supplied to our customers are local calls from the customer's calling number supplied to us during the sign-up process (or as later changed by the customer). However, it is fully the responsibility of the customer to confirm with their telephone provider that the USAtek dial-up number (with or without local calling plans available to the customer from their telephone company) is indeed a local call. The customer is fully accountable and fully and solely responsible for any and all charges on their telephone bill. USAtek is not responsible for any charges of any type resulting from dialing and connecting to USAtek's services. USAtek will not reimburse any customer for any fees or charges as a result of dialing into our services.
The customer's use of any of USAtek's dial-up numbers constitutes acceptance of this policy.
You agree to the rates and billing procedures as set forth in these terms and conditions and the current version of the Pricing Guide.
Billing of all new accounts s due upon signup. If paying by check or money order, payment is due in full within ten (10) days from the date of your subscription in order to activate the account. If payment is not received, the account is considered cancelled at that time & therefore will no longer be eligible for any sign up specials. If paying by credit card, your account will be debited by close of business on your sign-on date.
If for any reason, your credit card is declined, your account will automatically be invoiced and subject to the above invoice requirements. If for any reason, your check is returned to us by our bank, you will be assessed a $15 "Returned Check Fee". Bounced checks and declined credit card transactions may result in immediate suspension of services pending payment in full.
Accounts that have been suspended for non-payment will be subject to accrued use fees for the grace period plus a $10 re-connection fee.
Clients re-joining USAtek that left owing a balance are responsible for past debt plus the $10 re-connection fee along with current fees for service for the current billing period.
All billing is done via email only. It is the customer's responsibility to notify us of any change in your currently active email address. USAtek cannot be held responsible for any interruption of services due to an invalid or inactive email address on file. Business customers may request paper invoicing via postal mail for an additional fee of $1 per billing period.
The billing period is defined as the period beginning the date of access through the term of your subscription. Although USAtek does everything possible to keep its rates as low as possible, due to cost issues outside of our control, USAtek reserves the right to change the rates and otherwise modify this agreement at its discretion. Notice of rate changes will be given via the "Pricing" web page found from the PRICING link on the USAtek web page for your local area. Please check back to the Pricing Page to check the current rates.
Backup Card to Prevent Loss of Access: Backup credit cards or debit cards are used to prevent an account from being suspended when the account goes into a past due state. This service is provided as a convenience to our customers as it precludes a service interruption for the user and also avoids reconnect fees that can be charged when an account goes into suspension. Users providing credit or debit card information to USAtek for the backup card function expressly grant USAtek permission to process the card for amounts required to bring past due balances to zero. As a backup, the card can be used at any time the account is still active, after the due date for the next period of service. It is not the responsibility of USAtek to confirm that sufficient funds exist in the backup card account to cover the charges that are past due for amount owed to USAtek for services provided. The customer should ensure sufficient funding of the account as USAtek is not responsible for any shortage of funds in a user's credit or debit account or penalties that may result from the lack of same resulting from processing of a credit or debit card for the purpose declared.
Effective February 7, 2007, accounts will be considered active if no notice from the customer has been received by the first day of the billing period. Cancellation of your account must be received by three working days prior to the start of the each billing period for which the cancellation is to be effective. Cancellations must be completed in writing and either e-mailed, mailed or faxed to USAtek. E-mail may be directed to billing@usatek.net. The user is responsible for all charges accumulated through the end of the cancellation billing period plus a $10.00 cancellation fee for accounts longer than one (1) month in frequency. There are no refunds available for accounts with a frequency of one (1) month or less. Some accounts, like the $144 pay-in-advance yearly account are not refundable for any reason. The following table defines this for clarity:
| Account Types | Refund Availability | |
| 1 month billing cycle | NONE | |
| 3 month billing cycle | YES, prorated at normal monthly billing rate + $10 processing fee | |
| 6 month billing cycle | YES, prorated at normal monthly billing rate + $10 processing fee | |
| 12 month billing cycle* | YES, prorated at normal monthly billing rate + $10 processing fee | |
| *12 month non-refundable accounts ($144.00/year) are NOT eligible for a refund. | ||
We reserve the right to cancel any delinquent account without notice. The user is responsible for all charges accumulated through the end of the cancellation billing period. Canceled accounts may be reactivated at the discretion of USAtek and may be subject to a reactivation fee of $10.00.
Some information about our users will be kept on-line for administrative use. This information may include, but is not limited to, the following:
This information will be considered confidential and will not be made available to marketing firms or to any government agencies without our being served with appropriate legal documentation. However, some information such as the UserID and Customer Name may be available to other users through normal system operations.
User information may also be used to evaluate system performance and usage (i.e. to determine which boards are read most frequently, which games are played most frequently, and the gathering of normal operating system usage information). While some of the information may identify individual users, any records concerning user activities will be kept confidential. In most cases, individual User IDs will not be stored beyond the required time necessary to compile general usage statistics.
Users may expect their electronic mail to be private. This means that other USAtek users will not have access to read other users' electronic mail unless given explicit permission by the owning user.
Users should be made aware that no computer security system, no matter how elaborate, can absolutely guarantee that other users will not be able to find a way to access data or electronic mail which they are not authorized to access. Thus, while we will provide users with a secure electronic environment, we cannot guarantee the absolute privacy or confidentiality of any specific files on the system.
Although we do not regulate the content of electronic mail or other files, our system administrators, in order to preserve the integrity and normal operation of the system, may find it necessary to look at any data or files which reside on the systems without the user's prior consent.
Each individual account has been assigned a login ID and initial password. USAtek has the right to refuse ANY user name we feel is inappropriate.
Your password must contain a minimum of six (6) and a maximum of eight (8) characters, be a combination of both upper and lower case and should contain at least one number or alpha-numeric character. The most secure passwords contain a combination of upper and lower case characters as well as characters from the numeric portion of the keyboard.
Users who have forgotten their account passwords will be required to phone our customer service offices and to identify themselves adequately to the CSR on duty. Information used in the identification process is found from the users application for an ac count. If the system operator is not satisfied that the caller is the actual owner of the account, the password will not be changed for the caller. In the case of such an event, the caller will be requested to make alternate arrangements to verify their identity.
This Acceptable Use Policy ("AUP") is a guide to the acceptable use of Customer Accounts and the Services provided by USAtek. It is an integral part of the Service Agreement entered into between USAtek, and our Customers. Any violation of this AUP is subject to sanction, including, without limitation, a warning, suspension of Customer's Account, or termination of Customer's Account, at our discretion. In the event that Customer's Account is suspended or terminated as a result of violations, reconnecting charges may apply if we elect to re-enable the Account. All capitalized terms not defined herein shall have the meaning set forth in the Service Agreement.
User accounts are intended to provide Internet access to private individuals and corporate entities. Because our systems are a shared resource, some behavior is strictly prohibited as outlined below.
We provide our clients with access to people throughout the world using connections with networks outside USAtek Incorporated. In general, it is the responsibility of those networks to enforce their own acceptable use policies. We will inform our clients of any restrictions in the use of networks to which it is directly connected.
We accept no responsibility for traffic originating on our own network, posted by any Customer. We will use reasonable efforts to notify the Customer if the Customer's use of the Services violates the acceptable use policy of any directly or indirectly connected networks. The responsibility for avoiding harmful activities described in these policies rests primarily with the subscriber. USAtek will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with USAtek policy or applicable law. When USAtek becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Users will have access to the system 24 hours a day, 7 days a week, barring unavoidable system problems, which might prevent such access. When possible, users will be notified electronically of any scheduled downtime, which might affect their ability to access our systems. We retain the right to limit system access during scheduled and unscheduled systems maintenance. We will attempt to schedule any maintenance that may interfere with the User's access for periods that will cause the least interference. It may be necessary, from time to time, to limit access when the maintenance cannot be scheduled for off-peak periods.
All Customers agree to conform to the following guidelines:
1. "Unlimited Interactive Use" means that there is no limit or additional charge for the connect time for personal use. Personal use is the interactive use by the customer of the services. The Customer must use resources efficiently and accept limitations or restrictions on computing resources such as storage space, bandwidth, and CPU. Specifically, you may not do mail checks or run "botts" or other automatic programs that maintain an unattended connection, nor may you run an FTP, HTTP, IRC or other server. Human interaction must be present. Occasional long periods of unattended access for downloading large programs are acceptable. These periods should typically not exceed two times per month or be in excess of six continuous hours. It is not our intent to restrict users from using the Internet freely, but to require users to be courteous and not continuously tie up access ports while not actively using the net. This increases USAtek dial-up customer cost. If it is determined that this is an ongoing pattern of use after one or more warnings and without usage change or response by the customer, USAtek may at its discretion upgrade your account to the "Dedicated Dial-up Connection" package at the current applicable charge.
2. Accounts are for individual users and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. You may not resell any part of this service to anyone else. Any liability associated with any actions taken using any account provided by us are the responsibility of the owner of the account used.
3. A personal account may be used either by a single person on multiple computers (for instance at home and at work) OR by multiple users of the same machine if those users are the members of the same household (you and your immediate family at ho me). If you use your account at work then you must see that no one at home can use the account while you are at work.
4. Enforcement. We will review violations of our Acceptable Use Policy on a case-by-case basis. Clear violations which are not promptly remedied by the customer may result in termination of any or all Services. We reserve the right to monitor customer's actions when necessary to determine whether or not customer is violating the conditions of use.
5. Indemnity. Customer agrees to indemnify and defend USAtek for claims or charges resulting from (1) Customer's use of the Services in violation of this AUP; (2) material posted on the Internet by Customer; or (3) any obligations to third parties incurred by Customer through Customer's use of the Services.
6. Amendment. We may amend this AUP from time to time in accordance with the terms of the Service Agreement. It is the Customer's responsibility to review this document from time to time. It can be found at the URL * to be determined * CUSTOMER TECHNICAL SUPPORT:
USAtek INCORPORATED Customer Technical Support is available Monday - Friday, 9 AM - 8 PM, and Saturday, 10 AM - 2 PM. Technical support includes support of USAtek provided software and connectivity to the USAtek network. All technical support questions regarding additional services (such as web page creation) will be considered low priority and answered at our convenience. Support for web page authoring and implementation is available on a fee basis, see our pricing guide for your local area.
Technical support is also available through our Helpdesk account. E-mail helpdesk@usatek.net for assistance.
1) Users will be subject to all applicable Federal and State laws regarding the transfer of electronic communications. This includes but is not limited to: threatening mail, attacks against other Internet sites, and mail bombing.
2) Stored electronic mail messages will affect user account disk space quotas. Users will not be held responsible for receiving messages which are large enough to exceed their disk quota provided that the message is removed from the system in a reasonable period of time.
3) Stored electronic mail messages will be deleted after thirty (30) days. Users will be responsible for retrieving and storing messages prior to their being removed from the system. Users will receive an alert message via their USAtek.net e-mail account five (5) days prior to their deletion. We will not be responsible for lost or incomplete retrievals and there is no back up for e-mail as we are a mail retrieval system only, not a mail storage facility.
4) The propagation of chain letters is strictly prohibited.
5) Sending unsolicited mail messages, including unsolicited bulk and/or commercial messages and/or the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., e-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam is strictly prohibited. This is not only harmful because of its negative impact on consumer attitudes toward USAtek, but also because it can overload USAtek's network and disrupt service to USAtek subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, USAtek has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.
6) Forging, misrepresenting message headers, whether in whole or in part, to mask the originator of the message or anonymous electronic mail is strictly forbidden.
Usenet Newsgroups are provided by agreement between sites in order to exchange news and information on a global basis. The policies outlined below are designed to assure the continuation of a smooth flow of Newsgroup traffic from USAtek to the rest of the Internet. Because USAtek user participation can affect other sites, the following policies will be implemented.
1) Users must refrain from submitting multiple, repetitive posts in order to flood the bandwidth of the newsgroup.
2) Users should be aware that controversial opinions are frequently presented in Newsgroups. If you find one too offensive for your tastes, refrain from reading that particular Newsgroup.
3) Commercial solicitations should only be posted to newsgroups where such solicitations are considered by the general readership to be an acceptable practice. If you are unsure about posting a commercial solicitation to a specific news group, read older messages on that group or send mail to the question account at USAtek for clarification.
Keep in mind that when you are sending messages or responding to messages sent by other users that your readers may be from other states or even other countries. Many will come from different backgrounds and cultures as well. Be aware that without vocal inflection and body language, sarcasm, fractiousness and otherwise innocent "fun" can easily be misinterpreted as being rude or abusive. Once a message has been sent out, you can no longer change it. Therefore users should carefully consider the content and language used in electronic messages. The following brief guidelines may be helpful in allowing you to communicate effectively with other Internet users.
- Always use a brief but descriptive subject line in your messages.
- Be as brief as reasonably possible in order to preserve bandwidth.
- When replying to a specific message, remind the sender or readers briefly of the point of the message to which you are responding.
- Post appropriately. All Usenet Newsgroups are oriented towards specific topics. Read some of the existing messages on a Newsgroup before entering the discussions. This will help to ensure that you are not spending your time posting "off topic".
- Do not send messages which are of inappropriate scope for a particular Newsgroup. For example, it would be inappropriate to post information about a local event to a Newsgroup with international readership.
- Always attempt to refrain from being rude or abusive.
- Try to avoid making sarcastic or facetious remarks as they are often misinterpreted by other readers.
- Proofread your messages before you send them. Many readers assume that a lack of proper grammar, spelling or usage reflects a lack of understanding or attention to general ideas. A few minutes spent proofreading to correct errors can prevent others from having to spend additional time attempting to decipher a poorly phrased message.
- Attempt, when possible, to avoid "flame wars". Flame wars occur when users disagree on the content of a given discussion and react in anger or frustration, rather than attempting to see the other users' points of view.
- Always attempt to keep each line of a message under 80 characters long. Many newsreaders and terminals have an 80 character line limit and longer lines can make messages difficult to read.
Internet Relay Chat (IRC) is a process which allows users to communicate via "channels" in real-time. That is, unlike Usenet Newsgroups, where one person posts and then others read the message later, multiple users on an IRC channel can effectively "talk " to one another by typing into their terminals. The following policies are designed to ensure the smooth flow of IRC traffic moving across our network.
1) IRC botts are prohibited from USAtek systems and detection of such boots will result in immediate suspension of the account and removal of the bot. The account can be reactivated at the discretion of USAtek. Our bot policy will be enforced in order to prevent any systems security breaches through offending botts and to assure adherence of the bot policies of IRC channels.
2) IRC channels are locally managed; that is operators on IRC channels control said channels. USAtek is not responsible for the administration of IRC channels and cannot be held liable for actions initiated by channel operators.
3) Any users found to be using IRC to access licensed software or to provide licensed software to other users may have their accounts cancelled pending legal action.
Our system is designed to provide Internet connection services. In order to offer the finest services available, the compiling of computer programs is discouraged. As compiling source code is necessary in the provision of a full-service account, our systems offer access to compilers as a no-charge, add-on option. Users needing the option to run compilers should send an Email request to the helpdesk account. The Email message should provide a demonstrated need to run compilers as well as an understanding of how to do so without hindering other users' access to system resources. Compilation should not be done without the express permission of our system administrators.
As an Internet connection, we do not support application development. Questions which are related to compiler performance, application development or programming in general will not be answered.
These Terms and conditions reflect the entire agreement of parties and supersede all prior oral or written agreements and understandings of the parties. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Pennsylvania.
USAtek defines spam mail for our users as meeting any of the following criteria:
1) Unsolicited e-mail with no working means of the recipient unsubscribing
2) E-mail sent to multiple recipients with no means of the recipient unsubscribing
3) E-mail sent to a list of addresses that were not intentionally subscribed to by the recipient(s)
4) E-mail randomly sent to recipients by accumulated information captured by the sender e.g., cookies
5) E-mail sent intentionally with the purpose of flooding a recipients mail.
6) The use, development, selling, distributing or promoting of mailing lists, software or any method of dispersing unsolicited e-mail that causes USAtek, Inc. to be submitted and/or placed on SPAM blocking lists, is strictly prohibited.
Any user found to be sending SPAM may be immediately removed from the system without notice or refund.
