Acceptable Usage Policy  

 
Index
Intoduction
I. Warranties / Disclaimers
II. Security
III. Personal Files
IV. Non-Transferability of Account
V. Network Address Ownership
VI. Compliance with all Laws
VII. Acceptable Conduct
VIII. Unacceptable Conduct
IX. Right to Disconnect Nondedicated Accounts
X. Excess Utilization of System or Network Resources
XI. Compliance with Rules of Other Networks
XII. Monitoring / Privacy
XIII. Cooperation with Authorities
XIV. Confidentiality of Personal Subscriber Information
XV. Right to Suspend or Cancel Account
XVI. Right to Damages
XVII. Other Remedies / Non-Waiver
XVIII. Right to Change Service
XIX. Right to Modify Acceptable Use Policies
XX. Cancellation Policy
XXI. Toll Charges (POP) Local Dial-in Errors Policy
 
 
INTRODUCTION:
The main purpose of Compuall Internet Services (Compuall Internet Services) is to provide access to the Internet for its subscribers through its high speed v.90 modems. It is the intention of Compuall Internet Services to allow its subscribers that access with minimal or no interference.
In a multi-subscriber environment such as Compuall Internet Services, the actions of a single subscriber may have a severe impact on other customers' abilities to access the Internet. It is not uncommon for an Internet Service Provider (ISP) to be blocked from use of another organization's systems due to repeated misuses of that ISP's resources. As we feel that this would be grossly unfair to our many subscribers, Compuall Internet Services has adopted these Acceptable Use Policies. They are intended to provide guidelines on what Compuall Internet Services constitutes inappropriate use of the access to the Internet and alert our subscribers to whatever actions we may be forced to take, with or without notice, should we become aware of the inappropriate use of this service.
Compuall Internet Services recognizes that many of the individual components of the Internet have other specific guidelines for use. The preservation of Compuall Internet Services technical resources, the continuation of its high quality service to its customers, the compliance with existing laws and regulations, and the protection of Compuall Internet Services reputation as a service provider compel us to enact the Acceptable Use Policies detailed below. These guidelines will be enforced when dealing with complaints from the Internet community to determine when action should be taken. All Compuall Internet Services subscribers are expected to follow these policies.
ACCESS TO COMPUALL INTERNET SERVICES INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
I. Warranties / Disclaimers:
The Compuall Internet Service is provided on an "as is, as available" basis. While our intention is to provide more than adequate bandwith to support our subscriber base, no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Compuall Internet Services or any information or software therein. Compuall Internet Services shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the Compuall Internet Services services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, service interruptions, or the inadvertent release or disclosure of information sent by you even if the same is caused by Compuall Internet Services's own negligence. Compuall Internet Services further specifically disclaims to the full extent permitted by applicable law any responsibility for, and under no circumstances shall be liable for any conduct, content, goods, and services available on or through the Internet or through Compuall Internet Services. In no event shall Compuall Internet Services's aggregate liability exceed the amount paid by you to Compuall Internet Services for Compuall Internet Services services. Use of any information obtained via Compuall Internet Services's is at the user's own risk. Compuall Internet Services specifically disclaims any responsibility for the accuracy, safety, or quality of information obtained through its services.
II. Security:
The subscriber is responsible for all use of subscriber's account(s), confidentiality, safety of password(s), and ensuring file protections are set correctly. Compuall Internet Services retains the right to suspend access or change access to subscriber's account(s) immediately upon notification by subscriber that subscriber's password has been lost, stolen, or otherwise compromised. Compuall Internet Services is not liable for the consequences of any usage of compromised accounts prior to Compuall Internet Services making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on this system is as private as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilized).
III. Personal Files:
Compuall Internet Services is not responsible for subscriber's personal files residing on Compuall Internet Services. Compuall Internet Services reserves the right to delete subscriber's personal files after one or both parties terminates the service agreement between Compuall Internet Services and subscriber.
IV. Non-Transferability of Account:
The right to use Compuall Internet Services's Internet service is not transferable, being expressly limited to the individual or business whose name appears on the account.
V. Network Address Ownership:
Any network address assignments issued by Compuall Internet Services (i.e., IP address) are the property of Compuall Internet Services and are assigned dynamically. In the event service with Compuall Internet Services is discontinued for any reason, such addresses will revert to Compuall Internet Services. The network addresses are assigned on a per session basis and are designed to allow for Web Surfing. This design/assignment of network addresses could effect (not allow) some games/services (IRC, CU-SeeMe, web page hosting) which require a fully qualified address.
VI. Compliance with all Laws:
Subscriber agrees:  
  1.   
  2. to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited;
  3. that any material to be reproduced or transmitted on Compuall Internet Services through subscriber's account(s) does not violate or infringe any patent, trademark, copyright, statutory, common law, or proprietary rights of others;
  4. that such material as might be reproduced or transmitted on Compuall Internet Services's service through his/her account does not contain anything obscene, libelous, or threatening. Subscriber agrees software intended to facilitate any such violations or infringements may not be stored on Compuall Internet Services;
  5. at Compuall Internet Services discretion, not to use Compuall Internet Services or accounts for inappropriate usage; and
  6. subscriber shall defend, indemnify and hold harmless Compuall Internet Services from and against any claims, liabilities and expenses, including reasonable attorneys' fees, resulting from subscriber's use of the Compuall Internet Services service or subscriber's account(s) in an unlawful manner or otherwise in violation of or contrary to subscriber's Agreement with Compuall Internet Services or Compuall Internet Services's Acceptable Use Policies.
VII. Acceptable Conduct:
The following usage of Compuall Internet Services resources is deemed acceptable under the terms of service:  
  1.   
  2. usage for private personal or business communications; 
  3. usage for public communications as suggested by the charters of USENET newsgroups, and the well-known guidelines generally accepted by the users and news administrators of same; 
  4. usage for research or educational purposes; and 
  5. usage for data communications in accordance with applicable laws.
VIII. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by Compuall Internet Services and may result in termination of the account(s) determined to have originated this conduct. In addition, Compuall Internet Services reserves the right, where feasible, to implement technical blocks to multiple postings by a Compuall Internet Services subscriber as described in (A), (B), (C), and (F) below before such postings are forwarded:  
  1.   
  2. violation of any applicable local, state, federal, or international laws; 
  3. posting identical or substantially similar articles to an excessive (more than 10) number of newsgroups or continued posting of articles which are off topic for a newsgroup (according to the newsgroup charter or which provoke complaints from the regular readers of the newsgroup for being off topic). Compuall Internet Services will apply a charge of $0.05 per copy for misposted USENET articles; 
  4. sending unsolicited mass (to more than 15 users) e-mailings which provoke complaints from the recipients. Any subscriber who perpetrates such unsolicited non-commercial mass e-mailings shall be subject to a $1,000 service charge, payable to Compuall Internet Services. Unsolicited commercial advertisements are not allowed in e-mail. Compuall Internet Services will apply a charge of $150 per user for unsolicited commercial e-mail; 
  5. engaging in either (a) or (b) from a provider other than Compuall Internet Services while using an account on Compuall Internet Services as a mail drop for responses, or to draw attention to a web site housed within Compuall Internet Services networks; 
  6. continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Compuall Internet Services; 
  7. mail bombing (the transmission of large volumes of unsolicited e-mail to individuals or to individual business accounts); 
  8. impersonating another user or otherwise falsifying one's user name in e-mail, USENET postings, on Internet Relay Chat (IRC), or with any other Internet service; 
  9. privacy violations: Any attempt to gain access to any other system or users' private data without express consent of the user. Such attempts include, but are not limited to, tricking other people into releasing their passwords, password cracking, and security hole scanning; 
  10. use of IRC 'bots or clonebots on Compuall Internet Services. An IRC 'bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions; 
  11. use of programs or methods that trick our systems from disconnecting an inactive user after a pre-determined amount of time (or on deactivation of the Ad Bar), and/or a program that connects or re-connects the user's session automatically and without his/her manual intervention; 
  12. network unfriendly activity. Any attempt to interfere with the regular workings of Compuall Internet Services's systems or network connections or which adversely affect the ability of other people or systems to use Compuall Internet Services or the Internet, including, but not limited to:
    1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Compuall Internet Services system;
    2. any use of this or any other Compuall Internet Services system as a staging ground to disable other systems.
IX. Right to Disconnect Nondedicated Accounts:
Compuall Internet Services unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 15 minutes of inactivity or after five (5) hours of continuous use. Subscriber agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the subscriber is actively using it, and not to provide public information services over the connection. Compuall Internet Services reserves the right to impose a restriction on accounts deemed by it to be in violation of these conditions.
X. Excess Utilization of System or Network Resources:
Compuall Internet Services account descriptions specify limits on bandwidth, CPU, and disk utilization for subscribers. Upon determination by Compuall Internet Services that a subscriber is in excess of those limits, the subscriber will be notified by e-mail. The subscriber may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use 48 hours after transmission of that notice. A determination by Compuall Internet Services that any excess utilization adversely affects Compuall Internet Services's ability to provide service for all subscribers may result in immediate action to relieve the problem. In that event, the subscriber will be notified as soon as is practicable.
XI. Compliance with Rules of Other Networks:
Any access to other networks connected to Compuall Internet Services must comply with the rules for that other network as well as with Compuall Internet Services's rules.
XII. Monitoring / Privacy:
Compuall Internet Services reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that Compuall Internet Services is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Compuall Internet Services employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Compuall Internet Services also reserves the right to access a subscriber's mailbox or other files stored on Compuall Internet Services systems to resolve system problems or mail system errors.
XIII. Cooperation with Authorities:
Compuall Internet Services reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings, or e-mail containing threats of violence or other illegal activity. 
XIV. Confidentiality of Personal Subscriber Information:
Compuall Internet Services will not release a subscriber's personal subscriber information, nor a subscriber's billing information to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Subscriber agrees that Compuall Internet Services's judgment as to the validity of any court order of subpoena shall be considered proper and final.
XV. Right to Suspend or Cancel Account:
Compuall Internet Services reserves the right to suspend or cancel service to a subscriber at any time and without notice for any reason including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Compuall Internet Services that the subscriber may be performing activities harmful to Compuall Internet Services or its subscribers, employees, vendors, business relationships, or any other users of the Internet.
XVI. Right to Damages:
Compuall Internet Services reserves the right to collect damages (software, hardware, and man hours) if any harm is done to Compuall Internet Services which requires repair or reconfiguration of any kind.
XVII. Other Remedies / Non-Waiver:
Nothing contained in these policies shall be construed to limit action Compuall Internet Services may take or remedies available to Compuall Internet Services in any way with respect to any of the described conduct. Compuall Internet Services reserves the right to take any additional actions Compuall Internet Services may consider appropriate with respect to such conduct, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Compuall Internet Services service, and levying cancellation charges to cover Compuall Internet Services's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Compuall Internet Services reserves at all times all rights and remedies available to Compuall Internet Services with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Compuall Internet Services reserves the right to enforce such policy or rule at its sole discretion.
XVIII. Right to Change Service:
Compuall Internet Services reserves the right to change without notice the Compuall Internet Services service, including, but not limited to, access procedures, hours of operation, commands, documentation, vendors, and services offered.
XIX. Right to Modify Acceptable Use Policies:
Compuall Internet Services may modify its Acceptable Use Policies upon notice published on line via Compuall Internet Services's web page. Subscriber's use of Compuall Internet Services services after such notice shall constitute subscriber's acceptance of the modifications to these policies.
XX. Cancellation Policy:
Compuall Internet Services offers a 7-day unconditional money back guarantee to all purchasers of our product. Cancellation requests will be processed and a full refund issued to the user within 7 days under the following guidelines:  
  1.   
  2. any information that was shipped out is returned to Compuall Internet Services; 
  3. there is a written request for refund stating the reason for cancellation, user name, address, and phone number; 

The remaining balance will be credited to the user. If original payment was made by credit card, the credit will be issued to that credit card. If payment was made by check, a refund check will be sent to the user. The remaining balance is calculated from the original amount paid, less the number of months used at our normal monthly rate . 
There are no exceptions to this policy. Failure to meet our cancellation policy will result in no refund being issued.
XXI. Toll Charges (POP) Local Dial-in Errors Policy
It is the responsibility of the subscriber to verify with their local telephone company their correct access number to insure a toll-free connection  

Compuall Internet Services assumes no liability for toll charges incurred by users for incorrectly entering a local access number in their computer. In addition, Compuall Internet Services will not reimburse customers for toll charges under the following conditions:  

  1.   
  2. failure to adequately install our software product; 
  3. improperly entering the local access number; 
  4. improperly obtaining a local access number from the Access Number File or the Compuall Internet Services technical support pages; 
  5. improperly obtaining a local access number from Customer Service or any other Compuall Internet Services employee; 
  6. improperly obtaining a local access number from the technical insert provided with the software upon receipt of the product. 

Compuall Internet Services assumes no liability, and user obtains no recourse, against Compuall Internet Services, for improperly entering a local access number which results in toll charges. The maximum liability on Compuall Internet Services would be under our cancellation policy, provided all conditions are met under said policy. Compuall Internet Services will not make exceptions to this policy. The user is ultimately responsible to insure proper local access numbers are used.

Questions about the Usage Policy should be directed to abuse@compuall.net Compuall Internet Services 10061 Talbert Ave. Suite 200 Fountain Valley, CA 92708 Last updated: 20 Aug 98