Momentum
Online is dedicated to providing its customers with the highest quality
Internet connection available. Our Appropriate Use Policy (AUP) is
designed to help protect our customers and the Internet community
from irresponsible or illegal activities. As good net citizens, we
prohibit the impersonation of others, unsolicited commercial appeals,
and any disruption of Internet services. Examples of such activities
are given below.
This
document provides a general understanding of Momentum Online's policy
on the Appropriate Use of Momentum Online services. Common sense and
judgment are a necessary part of any system of rules, and this AUP
is no exception. Of course, flagrant or repeated violations of the
Policy are viewed in a very different light than minor infractions.
The
Acceptable Use Policy defines the actions which Momentum Online considers
to be abusive, and thus, strictly prohibited. The examples named in
this list are non-exclusive, and are provided solely for guidance
to Momentum Online customers. If you are unsure whether any contemplated
use or action is permitted, please send mail to support@erfwireless.com
and we will assist you.
If
a Momentum Online Internet account is used to violate the AUP, we
reserve the right to terminate the account owner's service without
notice and charge a systems administration fee of $100.00. Our preferred
course of action would be to advise the account owner of the inappropriate
behavior and corrective action necessary. However, flagrant violations
of the AUP will result in immediate termination of service.
Email
Commercial
e-mail:
Unsolicited commercial e-mail (UCE) is defined by Momentum Online
Internet as a commercial e-mail message sent to one or more e-mail
address that was not specifically requested by the owner of the e-mail
address. Sending unsolicited commercial e-mail from or through Momentum
Online servers is prohibited. Using a Momentum Online Internet e-mail
address to collect responses from unsolicited commercial e-mail is
prohibited.
Mail
bombing:
Sending large volumes of unsolicited e-mail to one or more e-mail
account is prohibited. Harassment, whether through language, frequency,
or size of messages, is prohibited.
Impersonation:
Attempting to impersonate any person, including the use of forged
IP addresses, domains, headers or other identifying information, is
prohibited.
News
Newsgroup
spamming:
Excessive cross-posting, or excessive posting of the same article
to several newsgroups, is prohibited.
Off-topic
or inappropriate postings:
There is no restriction on content, except as defined by each newsgroup.
Posting of off-topic or inappropriate articles is prohibited. (Commercial
advertisements are off-topic in almost all newsgroups.)
Internet
Relay Chat (IRC)
Violation
of any accepted policies on IRC servers is prohibited.
General
Network
unfriendly activity:
Activities which adversely affect the ability of other people or computer
systems to use Momentum Online services or the Internet are prohibited.
The running of Client modules (i.e. email programs) that create usage
activity from Dialup accounts, when no user is present is prohibited.
Customers are prohibited from transmitting on or through any of the
Momentum Online services, any material or speech that is, in Momentum
Online's sole discretion, unlawful, threatening, abusive, libelous,
hateful, or encourages conduct that would constitute a criminal offense
, give rise to civil liability, or otherwise violate any local, state,
national or international law. Momentum Online will comply with the
notice and take down procedures outlined in the Digital Millennium
Copyright Act (DMCA) , 17 USC 512(C).
Privacy
violations:
Attempts to gain unauthorized access to any computer system or data
through Momentum Online services is prohibited.
Customer
Privacy:
It may be necessary for Momentum Online employees to examine system
accounting logs and other records to resolve system problems. Momentum
Online reserves the right to access an account's mailbox to resolve
system problems or mail system errors.
Under
normal circumstances, Momentum Online does not monitor the activity
of accounts except for measurements of system utilization and billing
records. However, Momentum Online will cooperate with the appropriate
legal authorities in investigating claims of illegal activity, including
but not limited to illegal transfer or use of copyrighted material,
postings or e-mail containing threats of violence, or other illegal
activity.
Terms
& Conditions
This
agreement is between the Customer and Momentum Online Internet Services,
Inc. (“Momentum Online”), a Texas corporation, with its
main office at 1010 Main Street, Blanco, TX 78606, for the provision
by Momentum Online or its contractors, subcontractors, suppliers or
vendors of certain computer network services, equipment and use of
equipment and the provision to the Customer of certain equipment to
facilitate such access as described below.
1.
Momentum Online exercises no control whatsoever over the data and
information passing through its network facilities. It is the Customer's
total responsibility to assess the value of any information received.
However, the Customer is hereby put on notice that Momentum Online
in certain situations will attempt to prohibit the flow or transit
of any illegal use or data over, through, or by its network facilities.
Regardless of whether or not Momemtum Online attempts to prohibit
such practices, use of any information obtained or sent via the Momentum
Online communications service is at the Customer's own and sole risk
and liability. Neither Momentum Online nor its contractors, subcontractors,
suppliers and vendors has any liability arising in any way from the
Customer’s use, retrieval or transmission of any kind or quality
of data in any way related to Momentum Online’s network facilities.
Momentum Online, its contractors, subcontractors, suppliers and vendors,
specifically deny any responsibility for the accuracy, quality or
decency of information obtained through its services. Customer releases
Momentum Online, its contractors, subcontractors, suppliers and vendors
from any liability, damage, loss or expense in any way related to
network use described above and related to Customer’s data,
computer system or information that Customer may have obtained, sent
or stored on Customer’s computer system or other equipment,
whether valuable or private. Customer agrees that any use by Customer
of Momentum Online’s services or equipment is completely voluntary.
2.
Momentum Online and its suppliers and vendors make no warranties of
any kind, whether expressed or implied, as to the service or equipment
it is providing. Momentum Online, on behalf of Momentum and its vendors
and suppliers, disclaims any warranty of merchantability or fitness
for a particular purpose with regard to same. Neither Momentum Online
nor its vendors or suppliers has any liability arising in any way
from the Customer’s use of the services and equipment provided
by it. Momentum Online and its vendors and suppliers will not be responsible
or liable for any interruption, failure quality or consistency of
service. As a condition of the service provided by Momentum Online
to Customer, Customer hereby releases Momentum Online and its contractors,
subcontractors, suppliers and vendors, and agrees to indemnify and
hold Momentum Online and its contractors, subcontractors, suppliers
and vendors harmless, from any liability, damage, loss or expense
in any way related to interruption, failure or quality or consistency
of service provided or not provided by Momentum Online. This includes
loss of data resulting from delays, non-deliveries or service interruptions
caused by its own negligence, errors or omissions or Customer's negligence,
or errors or omissions. Momentum Online service is provided at “best
effort” and does constitute any guaranteed level of service.
Momentum Online reserves the right to disconnect Customer from its
network at any time for maintenance of repairs.
3.
Customer agrees that Momentum Online and its services may only be
used for lawful purposes. Transmission of any material in violation
of any US or state regulation is prohibited. This includes, but is
not limited to: copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade secret. Customer
agrees to indemnify and hold harmless Momentum Online from any claims,
damages, expenses or losses resulting from the service or Customer’s
use thereof or in any way related to any unauthorized use by Customer
or any other party. Any access to other networks through Momentum
Online services by Customer must comply with the rules appropriate
for that other network. It is the Customer's responsibility to seek
out and to understand and to comply with the policies of other networks.
4.
Momentum Online does not provide technical support for the Customer's
software or hardware. This includes, but is not limited to, the installation
and setup of any program necessary to access Momentum Online’s
service. It is the Customer's responsibility to work with the manufacturer
of its software, operating system and hardware to resolve any installation
or operating problems. Momentum Online will assist Customer when and
if it can, but it cannot supply technical support for all of the various
products available. Please call Momentum Online for more details on
these supported products.
5.
Unless other special and separate written arrangements are made, the
network connection Customer is purchasing is strictly for private
use. This means the Customer is not allowed to resell, loan or share
with others the connection in any way, shape or form. For Dialup connections
based on Momentum Online's Standard On Demand plan, the Customer may
not use any device or program that causes the connection to remain
established during the Customer's absence from direct interactive
operation of Customer's computer. The term "unlimited" is
defined as - you may stay connected as long as you are interactively
doing something and your connect time does not qualify as "dedicated".
The term "dedicated" is defined as maintaining a connection
with an average daily connect time of over 8
hrs a day, sustained over a 30 day period. You may not force a constant
connection. Momentum Online reserves the right to disconnect any Dialup
connection that has been on-line for more than 6 (six) continuous
hours, or anytime where Momentum Online finds abuse of the above provisions.
6.
Payment from Customer for services rendered or to be rendered by Momentum
Online is due to Momentum Online upon Customer’s receipt of
the invoice for such services. Statement balance is due on receipt.
Accounts are in default if payment is not received within 15 days
after the date of the invoice. Billing is in advance of the following
month's service. All payments for service are for a full period of
service (example, a period of a month) whether the Customer uses the
service for the full period or not. No prorating of the service period
will be offered. If the Customer's check is returned unpaid, the Customer
is immediately in default and subject to a returned check charge of
$25.00 from Momentum Online. If credit card payment is declined, the
account is in default and subject to suspension without notification.
Suspended and canceled accounts will be charged a re-activation fee
of $15.00. Unpaid accounts may have their service immediately interrupted
without notice. Such interruption does not relieve Customer from the
obligation to pay the current account charges including any re-activation
charges if applicable. An act of default accelerates payments to be
due immediately, as credit is no longer being extended. If the Customer
cancels the account, the account will terminate at the next billing
cycle. When the Customer cancels the account with 15 days advance
notice, the account will terminate on the next billing cycle. After
that time, no further billing or charges will be incurred. There will
be no prorating of partial months in the event of cancellation.
7.
If the Customer defaults, the Customer agrees to pay Momentum Online
its reasonable expenses, including attorney and collection agency
fees, incurred in enforcing its rights under these Terms and Conditions
of contract.
8.
Momentum Online reserves the right to change the rates and otherwise
modify these Terms and Conditions by notifying Customer 30 days in
advance of the effective date of the change. These Terms and conditions
of contract supersede any previously published Terms and Conditions
and the use of Momentum Online services will constitute your acceptance
of these Terms and Conditions as well as any other conditions that
may be separate from this document.
9.
Momentum Online reserves the right, at Momentum’s sole discretion,
to terminate Customer’s service at any time and for any reason.
10.
Accounts setup for credit card billing are renewed automatically and
the credit card debited without prior notification until the account
is canceled. Any changes needing to be made to an existing account
either card type, new or requested billing changes must be made in
writing 15 days in advance of the next billing date, or the change
will go into effect on the following billing cycle.
11.
All cancellations of accounts by Customer must be made in writing
or e-mailed 7 days in advance of the requested cancellation date.
Early terminations penalties may apply.
12.
Momentum Online is not responsible for any toll charges based on the
Customer selecting incorrect phone numbers.
13.
Momentum Online services are dependent on 3rd party delivery of circuits,
and those 3rd parties will provide such circuits only on the condition
that those 3rd parties be held harmless for any damage, cost, expense
or liability arising from Momentum Online’s or Customer’s
use of same, and neither Momentum Online nor those 3rd parties bear
any responsibility or liability for loss of service due to the failure
of these 3rd party vendors to deliver or perform under the relationship
between Momentum Online and those 3rd party vendors. By Customer’s
use of Momentum Online’s services, Customer agrees to those
conditions.
