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As a connection to AT&T and the Internet through a private wireless
network, Ellen Oaks CoNet offers its clients the means to acquire and
disseminate a wealth of public, private, commercial, and non-commercial
information. Ellen Oaks CoNet recognizes the fact that the Internet
provides a forum for free and open discussion and dissemination of
information, however, when there are competing interests at issue, Ellen
Oaks CoNet reserves the right to take certain preventative or corrective
actions. In order to protect these competing interests Ellen Oaks CoNet
has developed an Acceptable Use Policy (AUP), which is intended as a
guide to the client's rights and obligations when utilizing Ellen Oaks
CoNet's network. This AUP will be revised from time to time. A client's
use of Ellen Oaks CoNet's services will constitute the client's
acceptance of all the terms of the AUP. A client's use of Ellen Oaks
CoNet's services after changes to the AUP are posted on Ellen Oaks
CoNet's web site,
http://www.ellenoaks.com/aup.html, will constitute the client's
acceptance of any new or additional terms of the AUP that result from
those changes.
This document should be viewed in connection with Ellen Oaks CoNet's
Privacy Policy (available at
http://www.ellenoaks.com/support/Privacy).
CHANGES TO THIS DOCUMENT
This is version 1.2 of the Ellen Oaks CoNet Acceptable Use Policy (AUP)
and was last updated on the 14th of July, 2004. This is a living
document and Ellen Oaks CoNet reserves the right to revise, amend, or
modify this Acceptable use Policy (AUP), and the Privacy Policy, along
with any other policies and agreements at will, and without
notification. If changes are made to this document Ellen Oaks CoNet may
attempt to notify the client, but it is the client's responsibility to
be aware of changes to this document. Clients of the Ellen Oaks CoNet's
network are expected to familiarize themselves with this document before
using the network. Any revision, amendment, or modification together
with the current version of this document is always available at
http://www.ellenoaks.com.
DEFINITIONS
o The "Supplier" refers to Ellen Oaks CoNet with all of its affiliate network projects.
o The "Affiliate" refers to any person or entity providing Internet services in connection with the Ellen Oaks CoNet' operations.
o The "Client" refers to any user of the Ellen Oaks CoNet Network including employees, temporary employees, consultants, contractors, affiliates and guests.
o To "Access" means to gain access to the network owned by, contracted for, or under the control of, Ellen Oaks CoNet or any of its affiliates at any location via a modem, DSL, Ethernet or wireless connection.
o The "Network" refers to all personal or desktop computers, including laptops, personal digital assistants (PDAs) and other portable computing devices and all related peripheral equipment as well as servers, data storage devices, communication networks and software owned by, contracted for, of under the control of, Ellen Oaks CoNet or any of its affiliates at any location.
AGREEMENT
Commencement of Agreement - This agreement begins as soon as the Client
accesses the Suppliers network.............
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that Ellen Oaks CoNet cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Ellen Oaks CoNet cannot monitor or censor the Internet, and will not attempt to do so, Ellen Oaks CoNet cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When clients disseminate information through the Internet, they also
must keep in mind that Ellen Oaks CoNet does not review, edit, censor,
or take responsibility for any information its clients may create. When
clients place information on the Internet, they have the same liability
as other authors for copyright infringement, defamation, and other
harmful speech. Also, because the information they create is carried
over Ellen Oaks CoNet's network and may reach a large number of people,
including both clients and non-clients of Ellen Oaks CoNet, clients'
postings to the Internet may affect other clients and may harm Ellen
Oaks CoNet's goodwill, business reputation, and operations. For these
reasons, clients violate Ellen Oaks CoNet policy and the service
agreement when they, their customers, affiliates, or subsidiaries engage
in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on client attitudes toward Ellen Oaks CoNet, but also because it can overload Ellen Oaks CoNet's network and disrupt service to Ellen Oaks CoNet clients.
P2P Networks -- Using P2P software clients over the Internet (known as "file sharing"). It is not only harmful because of its illegal use to download copyrighted material (music, video, etc.), but also because it can overload Ellen Oaks CoNet's network and disrupt service to Ellen Oaks CoNet clients.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. It is Ellen Oaks CoNet's policy to terminate the privileges of clients who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Ellen Oaks CoNet's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Ellen Oaks CoNet is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ellen Oaks CoNet's network.
Defamatory or Abusive Language -- Using Ellen Oaks CoNet's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (known as "hacking"). This includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other
Destructive Activities -- Distributing information regarding the
creation of and sending Internet viruses, worms, Trojan horses, pinging,
flooding, mailbombing, or denial of service attacks. Also, activities
that disrupt the use of or interfere with the ability of others to
effectively use the network or any connected network, system, service,
or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or
otherwise making available any software, program, product, or service
that is designed to violate this AUP, which includes the facilitation of
the means to spam, initiation of pinging, flooding, mailbombing, denial
of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software
over the Internet or otherwise, to points outside the United States.
Usenet Groups -- Ellen Oaks CoNet reserves the right not to accept
postings to newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined
to be illegal, including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.
Resale -- The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Ellen Oaks CoNet determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Ellen Oaks CoNet will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with Ellen Oaks CoNet policy or applicable law. When Ellen Oaks CoNet becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to implementing screening software designed to block offending transmissions, denying access to the Internet, taking any other action it deems appropriate.
Payment for Services, Cancellation and Refunds
We are not a free Internet service and expect to be paid for our
services. When you sign-up for an account with Ellen Oaks CoNet, you
agree to pay for that service from the date of sign-up until the account
is cancelled whether it is used or not.
Cancellations should be made by telephone or email to rtalley@ellenoaks.com. If made by email, you must receive a response confirming your cancellation before it will be made effective. All past due amounts must be paid in full within 30 days of cancellation. Unpaid accounts beyond that will be turned over to collection.
With few exceptions, we do not give refunds for unused time. If you sign up for a year, we expect that you are happy with our services and plan to stay with us for a year. If you are unsure about the quality of our services, try us out for a month or two before committing to a year. If your account privileges are terminated for abuse, you will not receive a refund.
PRIVACY
The privacy of all electronic communications taking place with the use
of the Ellen Oaks CoNet networks is governed by the Privacy Policy
which can be accessed at
http://www.EllenOaks.com/Privacy.html. By accepting this Acceptable
Use Policy (AUP) is assumed that the client has also reviewed and
consents to all provisions of the Privacy Policy.
VIOLATIONS
By accepting this AUP clients indemnify Ellen Oaks CoNet for any
violation of the service agreement, law, or Ellen Oaks CoNet policy that
results in loss to Ellen Oaks CoNet or the bringing of any claim against
Ellen Oaks CoNet by any third-party. This means that if Ellen Oaks CoNet
is sued because of a client's activity, the client will pay any damages
awarded against Ellen Oaks CoNet, plus costs and reasonable attorneys'
fees.
REPORTING VIOLATIONS OF Ellen Oaks CoNet's AUP
Ellen Oaks CoNet requests that anyone who believes that there is a
violation of this AUP direct the information to
abuse@ellenoaks.com. If available, please provide the following
information:
o The IP and (if possible) MAC address used to commit the alleged violation
o The date and time of the alleged violation
o Evidence of the alleged violation
Email with full header information provides all of the above, as do
syslog files. Note that other situations will require different methods
of providing the above information.
Ellen Oaks CoNet may take any one or more, but not limiting to, the
following actions in response to complaints:
o Issue warnings: written or verbal
o Suspend the client's access privileges
o Terminate the client's access privileges
o Bill the client for administrative costs and/or any other charges
o Bring legal action to enjoin violations and/or to collect damages, if any, caused by client's violations.
Disclaimer
You acknowledge (i) that the Service may not be uninterrupted
or error-free; (ii) that viruses or other harmful applications may be
available through the Service; (iii) that Ellen Oaks CoNet does not
guarantee the security of the Service and that unauthorized third
parties may access your computer or files or otherwise monitor your
connection; (iv) that Ellen Oaks CoNet ability to provide the Service is
based on the disclaimer and limitation of liability specified in this
Section. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN
CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT
OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY,
QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL
RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY
LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY Ellen Oaks CoNet, OR
OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
No Consequential Damages. UNDER NO CIRCUMSTANCES WILL Ellen
Oaks CoNet, ITS VOLUNTEERS, THEIR SUPPLIERS OR LICENSORS, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE
LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL
DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON
CLAIMS OF CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING,
BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM
OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR
RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER
ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR
OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS
OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE,
STRICT LIABILITY IN TORT OR OTHERWISE.
Indemnity. You agree to indemnify and hold harmless Ellen Oaks
CoNet and its and their suppliers and licensors, officers, directors,
employees, agents and affiliates from any claim, liability, loss,
damage, cost, or expense (including without limitation reasonable
attorney's fees) arising out of or related to your use of the Service,
any materials downloaded or uploaded through the Service, any actions
taken by you in connection with your use of the Service, any violation
of any third party's rights or an violation of law or regulation, or any
breach of this agreement. This Section will not be construed to limit or
exclude any other claims or remedies that Ellen Oaks CoNet may assert
under this Agreement or by law.
Interpretation. This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with Illinois law, excluding its conflict of law principles.