Test: Internet Terms & Conditions

Definitions

  1. These Terms and Conditions govern any Internet-related and/or broadband services (“Services”) provided by Whidbey Telephone Company, dba Whidbey Telecom Internet & Broadband (“Whidbey Telecom”) to a Customer, including, but not limited to, Internet access, all service level offerings of High-Speed Internet, Broadband, Fiber Optic Internet, IP Address assignments, Digital Voice, email, email filters, WiFi, Wireless, and World Wide Web and Commercial Web Site services including Web Site Hosting.
  2. As used in these Terms & Conditions, “Customer” is a person or entity that has entered into an agreement with Whidbey Telecom, which has been accepted by Whidbey Telecom, by which Whidbey Telecom has agreed to provide one or more Services to Customer.
  3. A current copy of these Terms and Conditions is available on the Whidbey Telecom web site.
  4. These Terms and Conditions may be amended at any time, and any amendment shall become effective immediately upon posting of the amended Terms and Conditions on the company web site or at a successor web site address.
  5. In the event of a conflict between these Terms and Conditions and any prior agreement or application governing Customer’s account or use of the Services, these Terms and Conditions, as amended, shall govern.

General Rules and Practices

Acceptable Use Policy

  1. The Services and any Whidbey Telecom equipment associated with them may only be used for lawful purposes.
  2. Each customer shall comply with the following regulations and all applicable laws and regulations, which shall constitute Whidbey Telecom’s Acceptable Use Policy (“AUP”) governing use of the Services.
  3. Use of any Services in violation of this AUP or any other provision of these Terms and Conditions or in violation of any applicable law or regulation is prohibited and may result in the immediate termination without advance notice of Customer’s account and right to use the Services.

Prohibited Use

  1. The Services and any Whidbey Telecom equipment associated with them may only be used for lawful purposes. Prohibited uses of the Services include, but are not limited to:
    1. Any attempt to accomplish any unlawful purpose, including but not limited to storing, sending, or disseminating any material by  uploading, posting, email or other means (“Transmission”) that is: (a) in violation of any local, state, federal or international law, order, or regulation; (b) that is libelous, obscene, threatening, defamatory; (c) which infringes upon the intellectual property rights of another or (d) which  constitutes or encourages conduct constituting a criminal offense or gives rise to civil liability;
    2. Transmission of any material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, or otherwise inappropriate, whether or not Transmission of the material is unlawful;
    3. Transmission of any material in violation of any law or contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);
    4. Transmission of any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    5. Transmission of any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or which impedes others’ ability to use the Services;
    6. Impersonating any person or entity, or falsely stating or otherwise misrepresenting an affiliation with a person or entity, and/or forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Services;
    7. Transmission of unsolicited commercial email or the collection of responses from unsolicited messages;
    8. Transmission of chain letters;
    9. Attempting to probe, scan or test the vulnerability of a system or network in any form;
    10. Using any method to breach security or authentication measures;
    11. Engaging in hacking, denial of service attacks, or malicious or destructive behavior in any form.
  2. If another organization’s networks or computing resources are used in connection with the Services, Customer shall be subject to that organization’s permission and usage policies in addition to these Terms and Conditions.
  3. Whidbey Telecom shall have the right, but not the duty, to remove any web site hosted on its servers which, in its discretion, is found to contain pornographic or obscene material.
  4. The Services are for end-user use only and may not be resold, commercially or non-commercially, in whole or in part, directly or indirectly, or on a bundled or unbundled basis, in the absence of a separate re-seller agreement approved in writing by Whidbey Telecom. Customer shall not use the Services in the operation of any business or service which competes directly or indirectly with Whidbey Telecom, which determination shall be made by Whidbey Telecom in its sole discretion.
  5. Customer is responsible for all use of its Whidbey Telecom account and the Services by any person having access to the account or the Services, whether or not such use or access is with Customer’s permission or knowledge. Customer should not share Customer’s password, send it over the Internet in any unencrypted form, including by email, or otherwise compromise its security. If Customer has any reason to believe the security of Customer’s password or account has been compromised, the Customer should immediately change the password. If Whidbey Telecom has any reason to believe Customer’s password or account has been compromised, Whidbey Telecom may, at its sole discretion, disable or restrict access to the account and/or the Services without notice until the problem has been resolved; however, Whidbey has no obligation to do so.
  6. Whidbey Telecom may take any one or more of the following actions in response to violations of these Terms and Conditions: (a) issue an oral or written notice to Customer to cease the violations; (b) suspend Customer’s account or access to the Services; (c) terminate Customer’s account or access to the Services; (d) bill Customer for Whidbey Telecom’s administrative costs and/or reactivation charges incurred as a result of the violations; or (e) bring legal action to enjoin violations and/or to collect damages caused by the violations.
  7. Whidbey Telecom reserves the right to cancel or discontinue the Services at any time and for any reason.

Customer’s Responsibilities for Proper Account Use and Information

  1. Customer represents that the Customer is at least eighteen (18) years old (or, if Customer is an entity, that the person acting on its be- half in obtaining the Services is at least eighteen (18) years old) and that it accepts these Terms and Conditions on behalf of itself and any person who has access to Whidbey Telecom Services through use of Customer’s account. Customer shall ensure that all users of Customer’s account understand these Terms and Conditions and will comply with them. Customer may permit an authorized user under eighteen (18) years of age to use Customer’s account and the Services, and Customer acknowledges that it is responsible to provide adult supervision of such use of the Services and to ensure that the account and the Services are used in compliance with these Terms and Conditions.
  2. Customer shall promptly notify Whidbey Telecom of any changes in Customer’s contact information, such as its address or telephone number.
  3. Customer shall promptly notify Whidbey Telecom by email at: abuse@whidbey.com of any violation or suspected violation of these Terms and Conditions that Customer becomes aware of and provide Whidbey Telecom with as much of the following information related to the  violation or suspected violation as is known to Customer: (a) the IP address used to commit the alleged violation; (b) the date and time of the alleged violation, including the time zone; and (c) a description or other evidence of the alleged violation. When reporting an issue regarding unsolicited email, please provide a copy of the email message(s) with the full header information.
  4. Customer is solely responsible for any transmission of personal identifying information over the Internet. It shall be the Customer’s sole responsibility to determine if a web-site and the method of transmission utilized by a web-site or other software, program or application, to transmit personal information such as credit card and/or bank account numbers and personal identifying information, is secure and is the party they indented to transmit the information to.
  5. The Customer is solely responsible for any transmission of personal identifying information that is included as any part or portion of an email, social media site, file transfer, newsgroup, blog, and instant message transmission. The Customer      agrees that the Customer is solely responsible to protect the Customer’s personal identifying information from identity theft.

Disclaimer of Warranties and Indemnification

  1. ALL USE OF WHIDBEY TELECOM SERVICES AND THE INTERNET IS AT THE USER’S SOLE RISK. WHIDBEY TELECOM’S SERVICES ARE PRO- VIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WHIDBEY TELECOM MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND AFFIRMATIVELY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF  ANY ASPECT OF THE SERVICES FOR A PARTICULAR PURPOSE.
  2. Whidbey Telecom shall not be responsible for any damages or costs arising out of use of Services or the unavailability of the Services, including, but not limited to, damage to Customer’s home or business computer or other network devices, damage caused by viruses, damage or costs incurred as a result of lost profits or revenue, loss of clients, loss of use of computer programs, loss of data, the costs of recovering programs or data, claims by third parties, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions caused by Whidbey Telecom’s own negligence, a third party service provider’s negligence, or Customer’s errors and/or omissions.
  3. Whidbey Telecom shall not be liable for any indirect, special, incidental, or consequential damages arising out of the use of the Services or the inability to use the Services, even if it has been advised of the possibility of such damages.
  4. In no event shall Whidbey Telecom’s liability to Customer exceed the amount charged by Whidbey Telecom for providing the affected Services to Customer for one month.
  5. Customer shall take appropriate security measures to prevent unauthorized access to its computers and other network devices, including, but not limited to keeping all software updated.
  6. Some computer and network device software and applications have the capability to allow remote access. Whidbey Telecom recommends that Customer disable all features, including print and file sharing and other remote access capabilities that may allow anyone to remotely access Customer’s computer or other network devices.
  7. If any feature which permits remote access to Customer’s computer and/or network devices is enabled on any Customer computer or other network device, Customer hereby acknowledges and agrees that it does so at its own risk, and Whidbey Telecom shall not be responsible and assumes no liability for any access by others to Customer’s computer or network devices.
  8. Customer’s failure to take proper security measures may cause immediate termination of the Service, without notice, at Whidbey Telecom’s sole discretion.
  9. Use of any information or software obtained via the Services is at Customer’s own risk. Whidbey Telecom does not control, and shall not be liable for, data or content that is accessed or received via the Services. Whidbey Telecom specifically denies any responsibility for the accuracy, completeness, timeliness, usefulness, or quality of any information obtained through the Services.
  10. The Internet contains materials which may be false or misleading, sexually explicit, or otherwise offensive. Whidbey Telecom has no control over and accepts no responsibility for such materials.
  11. Whidbey Telecom is not a publisher of third-party content that can be accessed through the Services and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Services. Customer is responsible for evaluating such content and for paying all fees and charges from third-party vendors whose sites, products or services Customer may access, buy, or use via the Services.
  12. If Customer uses the Services to access Web sites or content provided by third parties or to purchase products from third parties, Customer’s personal information may become available to third parties. The way third parties handle and use personal information related to the use of their services is governed by their policies, not Whidbey Telecom’s. Whidbey Telecom has no responsibility for third party security policies and practices, general policies, or their compliance with them or breach of them.
  13. Customer shall indemnify and hold harmless Whidbey Telecom, its directors, officers, employees and agents, and its successors or assigns, from any claims resulting from use of the Service.
  14. The prices for the Services are set in reliance upon the enforceability of the disclaimers of warranties and limitations of liability set forth in these Terms and Conditions, and these Terms and Conditions form an essential element of the provision of the Services.

Customers of Whidbey Telecom and users of the Services shall not transmit any material (by uploading, posting, email or by any other method) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, but not limited to, use of such information on radio, television or printed media, such as newspapers, magazines or newsletters. Whidbey Telecom is registered with the United States Patent and Trademark Office as an online service provider and will process all appropriately formatted notices of alleged infringement and will take appropriate action as required by The Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed as a result of use of the Services may take advantage of certain provisions of the DMCA to report alleged infringements. Whidbey Telecom reserve the right to terminate Customer’s Services if Customer or any user of Customer’s Services is either found to infringe third party copyright or other intellectual property rights or is believed by Whidbey Telecom in its sole discretion, to be infringing these rights. The owners of copyrighted works who believe use of the Services has infringed their rights under U.S. copyright laws may notify Whidbey Telecom of the alleged infringement at the following address:

Copyright Infringement Agent
Whidbey Telecom
14888 SR 525
Langley, WA. 98260
Email: Copyright-Agent@whidbey.com
Fax: 360-321-8118

The DMCA requires the notification to be in writing and to contain the following information; (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Whidbey Telecom to locate the material; (4) Contact information of the complaining party; (5) A statement that the com- plaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon Whidbey Telecom’s receipt of a satisfactory notice of claimed copyright infringement, to the extent it is reasonably able to do so, Whidbey Telecom will either directly or indirectly (i) remove the allegedly infringing work(s) from the Services or (ii) disable access to the work(s). Whidbey Telecom will notify the affected Customer or user of the Services of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Whidbey Telecom.  Upon Whidbey Telecom’s receipt of a counter notification that satisfies the requirements of DMCA, Whidbey Telecom will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a counter notification. In no event shall Whidbey Telecom be a party to any disputes or lawsuits regarding alleged copyright infringement and Customer shall indemnify and hold harmless Whidbey Telecom, and its directors, officers, employees and agents, and successors or assigns, from any such dispute or lawsuit.