Infinet Communications Group Inc. ("ICG") offers a variety of Internet
services including dial-up services and web site hosting. It is ICG's intention
to allow ICG users complete access to all that the Internet has to offer with
minimal or no interference. However, because ICG operates multi-user systems,
actions of one ICG customer may have severe impact on other customer's ability
to use our systems. As the Internet expands, it is not uncommon for an Internet
Service Provider ("ISP"), such as ICG, to be blocked from use of another
organisation's systems due to repeated misuse of that systems' resources by its
account holders. Therefore, to protect the interest of ICG users, ICG has developed
a set of ACCEPTABLE USE POLICIES as outlined in our TERMS OF SERVICE below.
TERMS OF SERVICE
Infinet Communications Group Inc. Internet Services ("ICG Service")
are defined as the use of the account holder of access to computing, telecommunications,
software, and information services provided via the Internet by Infinet Communications
Group Inc. ("ICG"). ICG will provide these services on its host computer
systems to authorized members through a personal membership account ("Account")
in exchange for payment and compliance with the following terms and conditions:
1. RIGHT TO MODIFY TERMS OF SERVICE
ICG may modify this agreement at any time and in any manner. Any modification
is effective immediately upon either a posting on (http://www.infinetgroup.com/AUP),
electronic mail, or conventional mail. If any modification to this agreement is
unacceptable to you, you may immediately terminate your membership as provided
in Section 8 below. Your continued use of the ICG Service following notice of
any modification of this Agreement shall be conclusively deemed an acceptance
of all such modification(s)
ICG grants you ("Member") a non-exclusive, non-transferable right
to access, use and display the ICG Service on any machine(s) of which you are
the primary user. Member may not, however, maintain access to the ICG Service
on more than one modem at any given time.
ICG Service is provided on an AS IS, AS AVAILABLE basis. NO WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITILE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY ICG, ITS EMPLOYEES, LINCENSORS OF THE LIKE, SHALL CREATE
A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICG, OR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THE ICG SERVICE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OR INABILITY TO USE THE ICG SERVICE including but not limited to reliance on any
information obtained on the ICG Service; or that result from mistakes, omissions,
interruptions, deletion of files or e-mail, errors, defects, viruses, delays in
operation, or transmission, or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorised access
to ICG's records, programs or services.
4. PAYMENT OF FEES AND PENALTIES
Member agrees to make payments for ICG Service(s) in cycles of either one
month, three months, 6 months or 12 months. All payments are required in advance
of ICG Service delivery. Delinquent accounts are those Accounts that remain unpaid
at the beginning of the next payment cycle. Accounts that are delinquent by more than 10 days will be subjected to late payment penalties, as interest charges and admin fees. Late payment interest rate is 12% per annum, compounded monthly on the unpaid balance. Accounts that are delinquent by more than 30 days may be cancelled and sent to a collections bureau. Member agrees to pay all monthly membership fees,
surcharges, applicable taxes and other charges incurred by Member. In the event
of breach of security, the Member will remain liable for any charges incurred
prior to notification of such a breach by the Member to ICG. ICG reserves the
right to increase fees and surcharges at any time upon thirty (30) days prior
Member is responsible for all of Member's Account(s) and confidentiality of
password(s), including safe passwords and ensuring file protections are set correctly.
ICG will suspend or change access to Account(s) immediately upon notification
by Member that Member's password has been lost, stolen or otherwise compromised.
ICG is not liable for any usage and/or any charges prior to ICG making the necessary
Account alteration(s). Member understands that electronic mail may not be considered
a secure means of communication. ICG will, to its best ability, maintain privacy
on all electronic mail that passes through its system but shall not be held liable
for any damages resulting directly or indirectly from compromise in electronic
mail privacy. ICG is not responsible for Member's personal files residing on ICG's
6. UNACCEPTABLE CONDUCT
The following types of conducts are grounds for immediate suspension Member's
Account by ICG pending investigation by ICG and may result in immediate termination
of Member's Account:
Attempting, in any way, to cause ICG to be placed at risk of losing valuable
resources including but not limited to Internet connections and unrestricted access
to all public services offered by any other body on the Internet.
Attempting, in any way, to circumvent user authentication or security of any
host, network, or account on ICG's systems or the Internet at large ("cracking").
Attempting, in any way, to interfere with or deny service to any user or any
host on the Internet.
Attempting, in any way, to operate server programs, including but not limited
to mails servers, IRC servers, ftp servers or web servers.
Attempting, in any way, to use the ICG service on a standby or inactive basis
in order to maintain a connection. Automated electronic or mechanical processes
employed to maintain a constant connection such as use of an auto-dialer, persistent
checking of e-mail ("pinging") host are expressly prohibited.
Impersonating another user or otherwise falsifying one's user name in electronic
mail, Usenet postings, on Internet Relay Chat ("IRC"), or with any other
Internet service. This includes the use of nicknames in IRC and the use of anonymous
Sending any numbers of unsolicited mail messages ("junk mail", sometimes
also called "spam"), either from the Member's account, or from an external
account but with the message content referring to any ICG services (for example,
personal and/or corporate website hosted by ICG)
Forwarding or posting "chain letters" (multiple forwarding) of any
Posting inappropriate messages to USENET newsgroups, posting large number of
unsolicited message to USENET newsgroup ("spamming"), or posting encoded
binary files to binary files to USENET newsgroups not specifically named for that
Attempting to cancel, supersede, or otherwise interfere with email or USENET
posts other than one's own.
Engaging in harassment, whether through language, frequency, or size of messages.
Using an account in another provider to promote an ICG's web site in an abusive
Using an ICG account to collect replies to messages sent from another provider
which violate these rules or those of that provider.
Attempting, in any way, to establish two or more logins at the same time using
one username and password ("multiple logins").
Letting another person use your username and password to log in ("account
ICG reserves the right to add a $100 handling charge to any accounts for each
occurrence of unacceptable conduct as listed above.
ICG reserves the right, where feasible, to implement technical mechanisms which
block multiple postings by Member as described above before such messages are
ICG reserves the right, where feasible, to implement technical mechanisms which
block attempts at multiple logins as described above. The operation of such technical
mechanisms is at ICG's sole discretion. The are intended to provide fair service
to abiding users.
7. RIGHT TO DISCONNECT INACTIVE, NON-DEDICATED ACCOUNTS
ICG's dial-up connection service is intended for personal, interactive use
only. Member agrees to keep the connection active only when the Member is actively
using it, and not to provide public information services over the connection.
Connections that are inactive after 10 minutes will be disconnected.
8. TERMINATION OF MEMBERSHIP
Member recognises that this Agreement continues only for so long as the parties'
mutually agree to continue it. Either Member or ICG may terminate the Agreement
and Member's Membership at any time for any reason or no reason. ICG may also
restrict, suspend or terminate, without notice, Member's access to and use of
the ICG Service upon any breach of this Agreement. In the event of any termination
for breach of this Agreement, ICG reserves the right to decline a new membership
to Member for an indefinitely. Member's only right with respect to any dissatisfaction
with any terms, rules, policies, guidelines, or practices of ICG in operating
the ICG Service, any change in the content of the ICG Service, or any change in
the amount or type of fees charged in connection with the ICG Service, is to terminate
Membership by notifying ICG, effective the day ICG receives notification of termination
or any future date specified which is acceptable to ICG. Upon termination of this
Agreement, Member shall be entitled to a refund calculated on a monthly pro-rated
basis, less a $25.00 refund handling charge. Upon termination of this Agreement,
Member shall have no right (a) to access through ICG any materials stored on the
Internet or (b) to access any third-party providers of services, merchandise or
information on the Internet through ICG, and ICG shall have no responsibility
to notify such third-party providers nor shall ICG have any responsibility for
any damages that result from the lack of such notification. Member agrees that
its membership will automatically be renewed unless Member personally notifies
ICG otherwise. ICG reserves the right to delete Member's personal files after
one or both parties terminates the Agreement.