Baraga Telephone Company, hereafter referred to as up.net, owner and operator of up.net makes no warranty, expressed or implied for any services provided. Fitness for a specific purpose is at the sole discretion of the person or persons who use the services of up.net. The person or firm who orders or has ordered service from up.net is hereafter referred to as Client.
Client agrees that up.net will not be held responsible for any damage or loss that Client may suffer as a result of, but not limited to, the loss of data, delays, service interruptions, telephone equipment failures, non deliveries, or any other communication disruptions caused by up.net, and/or errors or omissions of Client. Client agrees to indemnify and hold up.net harmless from any claims including attorney’s fees, resulting from Client receiving up.net services which cause direct or indirect damage to a third party.
up.net provides attended interactive access to the Internet. up.net reserves the right to refuse, limit or otherwise restrict service to Clients with unreasonable usage. Unreasonable uses include, but are not limited to, large idle times and excessive mail checks.
Accounts with greater than 250 hours per month will moved to a “Special Access Account” to cover the cost of maintaining a dial line for their use. The customer will be responsible for the increase cost of this account type.
Connections that sit idle for 15 minutes or more may be disconnected. Clients with excessive connect times are subject to periodic automatic disconnection to improve access availability for other Clients. Clients that attempt to maintain a connection with little activity for long periods or that try to simulate activity will be asked to stop this practice or upgraded to a “Special Access Account”. up.net reserves the right to suspend the account or take other appropriate action.
In order to install DSL services a DSL modem or Network Interface Card may need to be installed in the customer’s computer, which involves opening the customer’s computer. Adding hardware to customer’s computers can involve installing software drivers that may modify other system files. up.net does not warrant that installing hardware into the customers computer will not disrupt the normal operations of the computer or cause the lost of files. up.net recommends that the customer back-up all data prior to the install of DSL services.
up.net will make reasonable efforts to ensure to the customer that DSL Service is available to you 24 hours per day, seven days per week. It is possible that there will be service interruptions due to scheduled or unscheduled network maintenance, acts of God, etc. up.net will make sufficient efforts of notifying customers of planned service outages via updates on the up.net web site. up.net reserves the right to refuse, limit or otherwise restrict service to Clients with unreasonable usage. Unreasonable uses include, but are not limited to excessive mail checks and or excessive bandwidth utilization. up.net reserves the right to monitor and charge for excessive bandwidth utilization.
Client agrees that up.net will not be held responsible for the security of the Clients computer. up.net provides the customer with a direct connection to the network. up.net does not warranty that any files or data sent to or received by you over the network, or communications directed to or received fromoutside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your home computer.
up.net’s Helpline is designed for new customers having problems connecting to up.net’s DSL or Dial-Up service and for e-mail connectivity issues only. Technical Support beyond initial connectivity problems is available for a nominal fee. up.net’s Helpline currently supports Internet Explorer, Outlook Express and Thunderbird. All other software support must come from the software vendor/manufacturer.
Monitoring and Logging
up.net reserves the right to monitor, log, archive and manage any and all transactions and services offered.
up.net will provide any and all assistance necessary to fulfill local, state or federal laws and regulations. Confidential information will be only released as necessary for operation and maintenance or as necessary for due process of law.
Dial in access is a local call in many, but not all, areas of Upper Michigan. Long distance charges may be incurred if Client is not within the local dialing area of one of our access sites. It is the responsibility of Client to check with his local telephone company to determine the local calling area. up.net will not beheld liable for these charges.
Client will be responsible for all transactions made with the requested account. This includes but is not limited to any financial transactions, email sent, and any other transactions made via this service. Client is responsible to abide by all local, state, and federal laws and regulations.
up.net exercises no control over content from the Internet or access to content on the Internet not owned by up.net. Client assumes all responsibility for information derived from the Internet. Client further assumes all responsibility for content sent through that account. The term “Unlimited”, when used by up.net, refers to not limiting a Client’s ability to web surf to a site: up.net does not restrict the World Wide Web due to site content.
Client is responsible for all parties that use the service with or without the consent of Client. For personal accounts Client agrees that these parties shall be limited to only that customer and immediate family living in the same household. For business accounts Client agrees that usage will be limited to the named business and those listed in authorized roles or capacities.
Email and Classifieds Abuse
Client agrees not to falsify any user information, including senders e-mail address or other message identification. Client agrees to not send unsolicited mass mailings (or solicited mailings to more than 25 addresses) †.
Client agrees not to post advertisements to the up.net Forums which may be considered pornographic. Client agrees not to use the up.net Forums for any commercial advertisement(s). Any charges for investigation, legal action, or other, incurred as a result of abusive actions by Client are the responsibility of Client and may result in immediate termination of the account. Complaints processed by up.net will be subject to a per complaint processing fee.
up.net scans for virii and spam. up.net does not guarantee that any virus or spam will be detected. Users are encouraged to employ virus detection on their personal computer. Housecall is a free, on-line virus scanner from Trend Micro, Inc.
up.net does not provide instructions for use, nor technical support for anti-virus programs. up.net furthermore is not responsible for any computer problems resulting either from having a virus or from removing a virus.
Dial Line Exclusivity and Multiple Acts
Only one login per dial in account is allowed. Multiple simultaneous logins will be considered an automatic request for an additional dial account and be reflected in Client’s next bill.
Client agrees not to perform activities that cause disruption or degradation of network operation, performance, or services. This includes but is not limited to abusive language or postings, mail checks at intervals less than 10 minutes apart, mail bombs, programs which flood other users or the network, or the sending of bad data with intent to interfere with other users’ systems, attempts to gain illegal access to sites or any other malicious acts whether intentional or not. Criminal activity including but not limited to “ip spoofing”, or attacks against other system will be prosecuted to the fullest extent of the law.
This account is non-transferable, and resale or use of the connection by another organization or unnamed agent is prohibited. If fraudulent usage is detected the account will be terminated without notification or other appropriate action, as deemed, by up.net, will be taken.
Changes in Terms of Service
up.net reserves the right to change the terms of service at any time. The terms of service will be posted and maintained on the up.net web site. It is the responsibility of Client to know and abide by the Terms of Service Agreement. In addition up.net reserves the right to refuse service to Client who does not abide by the terms of service.
Users whose computers are determined by up.net staff to be infected by a virus will be notified of such and, if known, what particular virus has infected the computer. It is the responsibility of the user to disinfect their computer. If user has not eliminated the virus from their computer(s) by the third notification from up.net, their account will be suspended and a fee added to their bill.
An account suspended due to virii will not be granted a credit towards the time the account was inactive.
up.net will publish a notice of fee increases, decreases or modifications thirty (30) days before such increases take effect. Service is invoiced monthly in advance. Service may be disconnected at any time with no disconnect fee. No partial credit is given for accounts disconnected during the month. Payment is due 17 days after the date of the bill. Accounts are labeled default if payment is not received within 17 days of the date on the bill. If Client’s payment is returned to us unpaid, Client is immediately in default and subject to a returned check charge. Accounts unpaid after the due date of the bill may have their service interrupted. Such interruption does not relieve Client from obligation to pay the monthly charge. Accounts in default are subject to a late payment charge. Client will be responsible for a reconnect fee to remove accounts from suspendedstatus or to reconnect Client’s service if it has been terminated. Client acknowledges responsibility for any and all charges on the account until paymentis made in full even in the event of interruption or termination of Client’s account.
Terms And Conditions of Use of BaragaTelephone.com
1 ACCEPTANCE OF TERMS Your access to and use of BaragaTelephone.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE BaragaTelephone.com reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that BaragaTelephone.com shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT 5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to BaragaTelephone.com or otherwise used by BaragaTelephone.com as permitted by law. 5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY 6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 6.2 To the extent permitted by law, BaragaTelephone.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 6.3 BaragaTelephone.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of BaragaTelephone.com for death or personal injury as a result of the negligence of BaragaTelephone.com or that of its employees or agents.
7 INDEMNITY You agree to indemnify and hold BaragaTelephone.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BaragaTelephone.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
8 SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of Baraga County and you hereby submit to the exclusive jurisdiction of Baraga courts.