iQuickNet, LLC’s
dedication to customer service means that iQuickNet, LLC
strives to maintain an Internet Access Service
("Access Service") that provides iQuickNet, LLC
customers with an enjoyable Internet experience, and an
experience that is free from interference by persons who
use the Access Service in an improper or unlawful manner. iQuickNet, LLC’s
Online Policies address frequently asked questions
regarding proper online conduct. These policies include
information on: iQuickNet, LLC
Account Charges; the content
of the material that you may find on or through the Access
Service; goods and services available online through the
Access Service; and procedures for reporting complaints
regarding a person’s online conduct.
iQuickNet, LLC’s Online Policies, including the
following list of Prohibited/Abusive Activities, are part
of your subscriber agreement. Please note that if you
engage in any such activities, iQuickNet, LLC
may suspend
or terminate your account.
As explained in your subscriber agreement, your use of iQuickNet, LLC
Internet Access Service must be governed by all applicable
laws and regulations, including all applicable local,
state, national, and international laws and regulations.
In addition to other applicable laws, this includes all
laws relating to copyright, trademark, trade secrets,
obscenity, defamation, rights of privacy and publicity,
false advertising, and fraud.
In addition to such laws and regulations, when using
the Access Service you must use your best efforts to avoid
interfering with any other person’s use and enjoyment of
the Access Service. You must also ensure that your use of
the Access Service is governed by generally accepted rules
of proper Internet conduct.
Please use your best judgment, be respectful of other
subscribers, and take the time to review the activities
listed below. These activities are NOT proper Internet
conduct and are prohibited activities on the Access
Service. Following these rules will ensure that everyone
has an enjoyable Access Service experience.
1. Prohibited and/or Abusive Activities.
For purposes of the Prohibited/Abusive Activities, the
term "content" means information or material of
any type capable of being posted or transmitted on or
through the Access Service, including material in print,
graphic, pictorial audio, or audio-visual form.
When using the Access Service:
(a) Defamation. You agree not to post or
transmit any content in violation of any applicable law
of libel or defamation in the United States or
elsewhere.
(b) Fraud. You agree not to post or transmit
any fraudulent content on or through the Access Service.
This includes any content that you know or have reason
to know is false, and that you intend for others to rely
on. You further agree not to spoof IP addresses,
utilize IP address falsification or manipulation
techniques, use bogus email addresses or email addresses
used for sending or receiving email messages that violate
any of the Terms listed within this document or others
which are implied to be part of your entire agreement.
(c) False Advertising. You agree not to post
or transmit on or through the Access Service any
advertising or promotional materials that contain false,
deceptive, or misleading statements, claims, or
representations.
(d) Unsolicited Advertising. You agree not to
post or transmit any unsolicited advertising,
promotional materials, or other forms of solicitation to
other subscribers, individuals, or entities, except in
those areas (e.g., classified advertisement areas) that
are designated for such a purpose. You further agree not
to involve or associate iQuickNet, LLC in any way with
the posting or transmission of unsolicited advertising,
promotional materials, or other forms of solicitation,
including, but not limited to, unsolicited advertisements
sent from another service provider advertising an iQuickNet, LLC-hosted
web page, and unsolicited advertisements sent from
another service provider which request that replies be
sent to an iQuickNet, LLC email address.
(e) Copyright Violations. You agree not to
post or transmit on or through the Access Service any
content that infringes another person’s or entity’s
copyright in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress
Violations. You agree not to post or transmit on or
through the Access Service any content that infringes,
dilutes or otherwise violates another person’s rights
in its trademarks, service marks, trade dress, or other
indicia of origin.
(g) Trade Secret Violations. You agree not to
post or transmit on or through the Access Service any
content that reveals trade secrets or other confidential
or proprietary information belonging to another person
or other entity.
(h) Obscenity. You agree not to post or
transmit any obscene or pornographic content, including,
but not limited to, child pornography, on or through the
Access Service.
(i) Harassment, Threats, and Abuse. You agree
not to use the Access Service to harass, intimidate,
threaten, or abuse any person or entity, by any means,
including the use of vulgar, hateful, racially or
ethnically offensive, sexually harassing, or otherwise
objectionable content. You further agree not to
provide, disseminate or further perpetuate any harmful
information pursuant to the Home Land Security Act, or any
other laws or statutes pertaining to National Security, or
the physical security of others.
(j) False Pretenses. You agree to not use the
Access Service to impersonate any person, including but
not limited to, an iQuickNet, LLC official or an
information provider, guide, or host, or communicate
under a false name or a name that you are not entitled
or authorized to use in all forms of online
communication, including, but not limited to, screen
names, subscriber profiles, chat dialogue, and message
posting.
(k) Chain Letters. You agree to not post or
transmit chain letters, or letters or messages that
offer a product or service based on the structure of a
chain letter, on or through the Access Service.
(l) Inappropriate Content. You agree not to
post or transmit on or through the Access Service
content that is patently inappropriate material under
the circumstances -- e.g., the manufacture of
illegal drugs, weapons, bombs, explosives, lethal or
irritating chemical compounds, pornography, child
pornography.
(m) Scrolling. You agree not to cause the
screen to "scroll" faster than other
subscribers or users are able to type to it, or any
action to a similar disruptive effect on or through the
Access Service.
(n) Disruptive Activities. You agree not to
use the Access Service to disrupt the normal flow of
online dialogue, or otherwise act in a manner that
negatively affects use of the Internet by other
subscribers, users, individuals, or entities.
(o) Violations of Service Providers’ Rules.
You agree to not use the Access Service to violate any
operating rule, policy, or guideline of any other online
service provider or interactive service.
(p) Multiple Access. You agree that this
Agreement is not transferable. You agree not to
simultaneously access the Access Service from more than
one online session at any time.
(q) Abuse of iQuickNet, LLC Procedures. You
agree not to make false or unverified complaints against
any iQuickNet, LLC subscriber, or otherwise abuse any of
iQuickNet, LLC Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse iQuickNet, LLC’s
system, or any other system accessible through the
Internet via iQuickNet, LLC, by causing any harm to the
system so that it inhibits or negatively impacts the
ability of other users to effectively use such system.
You further agree not to compromise or attempt to
violate security at iQuickNet, LLC or elsewhere,
including but not limited to, attempted access of any
data, server, or account that you are not expressly
authorized to access. Such authorization will only
be granted in the form of an expressly written letter
with the original signature of an iQuickNet, LLC
corporate officer.
(s) SPAM. You agree not to post or cross post,
regardless of content, copies of the same message to 20
or more newsgroups.
(t) Support Abuse. You agree not to harass,
threaten or abuse authorized representatives of iQuickNet, LLC,
including but not limited to tech support
representatives, customer relations representatives, and
sales representatives, or otherwise abuse iQuickNet, LLC’s
support or technical services.
(u) Inappropriate software, products, and services.
You agree not to post, transmit, promote, or otherwise
make available any software, product or service that is
illegal, violates the rights of iQuickNet, LLC
or a third
party, or is designed to violate this Agreement. Such
software, products or services include, but are not
limited to, programs designed to send unsolicited
advertisements (i.e. "spamware"), services
which send unsolicited advertisements, programs designed
to initiate "denial of service" attacks, mail
bomb programs, and programs designed to gain
unauthorized access to networks on the Internet, develop
or spread or encourage the dissemination of computer or
internet viruses, Trojan horses, worms, etc. that may
exploit system vulnerabilities or cause such
vulnerabilities to exist. The term
"system" includes all hardware and components,
operating system software, application software, and
software utilities.
(v) Reselling. You agree not to resell, lease,
or assign iQuickNet, LLC services or products without an express written
agreement with iQuickNet, LLC to do so.
iQuickNet, LLC maintains exclusive rights
to its claim of Trade Marks, Registered Trade Marks,
Service Marks, etc.
2. Content of Online Material or Products.
iQuickNet, LLC Internet Access Service provides access
to information, communications, software, photos, video,
graphics, music, sounds, services and other material
located both on iQuickNet, LLC computer servers and on the
Internet ("Content"). You should be aware that
the Internet contains Content, goods and services that you
may find improper, inaccurate, misleading, defamatory,
obscene or otherwise offensive. Such Content may not be
appropriate for you or for any minors who may be accessing
the Internet through your account.
As a matter of policy, iQuickNet, LLC does not
pre-screen Content placed on iQuickNet, LLC computer
servers by any of its subscribers. Moreover, iQuickNet, LLC
does not have the practical ability to monitor, review, or
restrict access to Content on iQuickNet, LLC servers prior
to its transmission or to monitor all communications
between parties. Thus, there may be Content on iQuickNet, LLC
servers which may violate iQuickNet, LLC rules, and you may
receive offensive and unsolicited Content that iQuickNet, LLC
cannot control. We ask that you please notify us
immediately if you find such material on our systems that
violate our Terms.
iQuickNet, LLC retains the right to remove Content from
iQuickNet, LLC servers that violates its subscriber agreement (including
these On-Line Policies). In particular, iQuickNet, LLC
reserves the right to remove or block access to material
if it receives appropriate notice that such material
infringes the proprietary rights of a third party, has
actual knowledge of such infringement, or is aware of
facts or circumstances from which infringement is
apparent. However, the Access Service provides access to
users who are not a part of iQuickNet, LLC Access Service
and iQuickNet, LLC does not have the capability to monitor,
review, remove or restrict access to any Content made
available by third parties on the Internet.
Accordingly, iQuickNet, LLC cannot be responsible for
any conduct, Content, goods, and services available on or
through the Access Service. iQuickNet, LLC suggests that
concerned parents consider using our FamilyFiltering™
(available as a subscription option) or one of the commercially
available software programs capable of restricting access
to sexually explicit material on the Internet. However, no
parental control software is perfect. Your use of such
software is solely at your own risk. iQuickNet, LLC
makes
no warranties or representations as to the accuracy,
completeness, or usefulness of any parental control
software or service. Further information concerning
parental issues and control software may be found at http://www.fbi.gov/library/pguide/pguidee.htm
website.
3. Privacy of Communications Including Email and
Attachments.
iQuickNet, LLC intends to respect its subscribers’
privacy and will not randomly monitor or disclose the
contents of private e-mail or private chat room
communications. However, you agree that iQuickNet, LLC
has
the right, but not the obligation, to monitor or disclose
the contents of private communication, if iQuickNet, LLC,
in its sole discretion, reasonably believes that such
action is necessary: (a) to comply with applicable law or
valid legal process; (b) to protect iQuickNet, LLC
rights
or property; or (c) in emergencies when a person’s
physical safety is at issue.
In addition, iQuickNet, LLC reserves the right under
appropriate circumstances to disclose the identity of a
subscriber to third parties in response to a valid legal
subpoena and to otherwise cooperate with legitimate police
or Federal inquiries and lawful civil proceedings.
4. Online Content, Goods and Services.
iQuickNet, LLC does not control or take responsibility
for any Content, goods, or services which independent
third parties may make available on or through the Access
Service. Subscribers may receive blind opportunity
advertisements, pyramid schemes, and other "get rich
quick" schemes on or through the Access Service.
These should be avoided or approached with ample
skepticism. Please remember that iQuickNet, LLC
does not
endorse, warrant, or guarantee the accuracy, completeness,
usefulness, quality, or availability of any such Content,
goods, or services, and your use thereof is solely at your
own risk.
You should use your best judgment and exercise caution
when purchasing a product or service through the Access
Service. iQuickNet, LLC will not be a party to, or in any
way be responsible for, monitoring any purchases or other
transactions between you and any other persons providing
Content, goods, or services on or through the Access
Service. iQuickNet, LLC assumes no responsibility for any
such transactions and will not mediate disputes relating
to such transactions. iQuickNet, LLC disclaims any
responsibility for any such transactions even where the
Access Service features or displays a link with a
particular World Wide Web site.
5. Account Charges, Fees and Damages.
Monthly account charges are payable in
advance, regardless of type of service (e.g. 56k Dial-up,
ISDN, DSL, etc). Annual or multi-year 56k Dial-up or
ISDN accounts are charged in full, in advance, at the time
of subscribing. However, no cancellation fees will apply if you terminate
your account. Administrative fees may be assessed to
prematurely terminate your account. If you terminate
your account, you may receive a prorated refund for any
access time credited to your account. Your fees may
be adjusted for terminating earlier than your subscription
describes. However, if your
account is terminated by iQuickNet, LLC because of
violation(s) of any iQuickNet, LLC’s subscriber agreement
(including these Online Policies and others as published), you will not be
entitled to a prorated refund, such forfeiture being
agreed by you and iQuickNet, LLC as liquidated damages and
not as a penalty.
You are responsible for all activities and charges
associated with your account. If any unauthorized charges
are made on or through your account, you are responsible
for such charges until you notify iQuickNet, LLC
of a
breach of security by immediately calling iQuickNet, LLC at
1-301-953-0495, prove your identity and change your password. Please be advised
that the contact person or listed owner of the iQuickNet, LLC
Internet Account is solely responsible for activities
conducted through, on or with their iQuickNet, LLC
Internet
Account, including activities by other persons (including
minors) whether or not authorized by such contact person
or listed owner. If you, or someone to whom you have given
access to your account, violates the iQuickNet, LLC
Internet Access Agreement, your account may be terminated.
If you pay by credit card, you expressly authorize iQuickNet, LLC
to charge the credit card account number associated with
your Account for any Access Service charges that accrue
from month to month, or as a subscription period of one or
more years. You reauthorize iQuickNet, LLC to
charge your designated credit card account each time you
use the Access Service. This authorization will remain
valid until you terminate your authorization in writing. iQuickNet, LLC
may immediately terminate your account, in iQuickNet, LLC’s
sole discretion, for declined credit cards, returned
checks, or any other non-payment of account charges.
A billing cycle will begin on the date you purchase the
Access Service and will continue for one month from that
date. A new billing cycle will begin on the anniversary
date of the day of the month on which you purchased the
Access Service.
If you pay other than by credit card, your account
charges are due on your receipt of an invoice, and payment
of your account charges must be received by iQuickNet, LLC
prior to the first day of each billing cycle. Your account will be considered to be in default
if payment of your account charges is not received within
fifteen (15) days after the date of your invoice. If your
account(s) is(are) still unpaid thirty (30) days after the date
of your
invoice, you may have your Access Service
interrupted or terminated.
If any instrument received in
payment is returned to iQuickNet, LLC
unpaid, your account
will be considered to be in default, and in addition to
the amount due, you will be subject to a returned check
charge of $25.00. If your account is canceled or
interrupted for non-payment, you must continue to pay your
monthly account charges. If you request, and iQuickNet
agrees, an interrupted account may be reinstated with a
$25.00 fee. Only your written request to
terminate your account will relieve you of your obligation
to pay your monthly account charges.
If your account is in default, you are subject to an
interest charge of 1.5 percent per month, or the maximum
allowable rate under state law. If you default on your
account, you agree to pay iQuickNet, LLC its reasonable
expenses, including attorneys’ fees and collection
agency fees, pre- and post-judgment interest, incurred in enforcing iQuickNet, LLC's rights
under the iQuickNet, LLC Internet Access Agreement.
6. iQuickNet, LLC's Complaint Response Procedures.
iQuickNet, LLC’s dedication to customer service means
that iQuickNet, LLC takes seriously and attempts to respond
to all complaints about its subscribers’ use of the
Internet. This means complaints by both iQuickNet, LLC
subscribers and complaints by other Internet users. iQuickNet, LLC
believes that its customers should be able to enjoy full
use of the Internet without interference by persons who
use the Internet in an improper or unlawful manner.
iQuickNet, LLC will follow the Complaint Response
Procedures described below to respond to complaints from
subscribers and others about iQuickNet, LLC subscribers.
iQuickNet, LLC will respond to any complaint that
involves online activities that are Prohibited/Abusive
Activities. In particular, iQuickNet, LLC will respond to
complaints that material stored on its system at the
direction of one of its subscribers or for system caching
purposes or to which iQuickNet, LLC provides a link or
other reference infringes another person’s copyright as
provided for in the Digital Millennium Copyright Act (a
"Copyright Complaint") or otherwise violates the
criminal or civil laws of the United States.
Liability for Misrepresentations.
Please note that any person who knowingly misrepresents
to iQuickNet, LLC that material is infringing shall be
liable to iQuickNet, LLC and/or the alleged infringer for
any damages (including costs and attorneys’ fees)
suffered or incurred by iQuickNet, LLC and/or the alleged
infringer as a result of iQuickNet, LLC’s relying on such
misrepresentation and removing or disabling access to such
material.
Similarly, any person who knowingly misrepresents to iQuickNet, LLC
that the material was removed or access blocked by mistake
or misidentification shall be liable to iQuickNet, LLC
and/or the copyright owner or its authorized licensee for
any damages (including costs and attorneys’ fees)
suffered or incurred by iQuickNet, LLC and/or the copyright
owner or its authorized licensee as a result of iQuickNet, LLC’s
relying on such misrepresentation and replacing such
removed or blocked material.
IF YOU
HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL iQuickNet, LLC
CUSTOMER SERVICE DEPARTMENT AT 1-301-953-0495.
