Complete Internet Access Inc. (also referred to as "The CIA") provides many services to its subscribers through its system including dial-up access to the Internet, World Wide Web page hosting and Usenet discussion groups. Complete Internet Access has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. Complete Internet Access does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to Complete Internet Access's services and use of its system. Complete Internet Access may change these Terms of Service in the future upon notice published on-line or otherwise provided by Complete Internet Access. BY USING Complete Internet Access'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM Complete Internet Access FROM TIME TO TIME. If the Terms of Service, Complete Internet Access's services, system or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Suspension & Cancellation".
Complete Internet Access's general policy is to act as a neutral provider of access to the global Internet in all its diversity. Complete Internet Access has specific ethical concerns regarding the use of its computers detailed below. Complete Internet Access reserves the right to suspend or cancel a customer's access to any or all services provided by Complete Internet Access when Complete Internet Access decides, in its sole discretion, that the account has been inappropriately used.
Lawful Use of Service
Complete Internet Access's system and services may only be used for lawful purposes and in a manner in which Complete Internet Access believes, in its sole discretion, to be consistent with the rights of other Complete Internet Access subscribers and third parties. While Complete Internet Access is not responsible for the content of hosted web sites, content on all Complete Internet Access hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. Complete Internet Access's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Complete Internet Access's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through Complete Internet Access's system must comply with the rules for such other networks.
Complete Internet Access's services include access to discussion groups and chat groups on-line. Some of these discussion and chat groups contain language and/or images that are intended for adults only. Subscribers under the age of 18 must have parental or legal guardianship approval to utilize such services. Complete Internet Access is not responsible for the viewing of any adult materials by a minor.
Modifications to Service
The services provided by Complete Internet Access and Complete Internet Access's system are expected to change from time to time. Complete Internet Access reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
A subscriber must pay fees per Complete Internet Access's rate schedule in effect from time to time as a condition to obtaining access to Complete Internet Access's services and system. A subscriber must also pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by Complete Internet Access from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by Complete Internet Access. Rate changes will be effective when published on-line or otherwise provided to subscribers. All Complete Internet Access service charges are due in advance of the service. Payments not received on the due date are considered delinquent and are subject to immediate suspension. Payments not made within 30 days of original billing date are subject to immediate termination without notice. Monthly charges will not be pro-rated.
To re-activate a suspended account, a subscriber must call Complete Internet Access to make acceptable arrangements for payment.
A "month" is not a calendar month, but is based on the subscriber's billing date (i.e. the day of the month the subscriber signed up on) and extends until the same day of the following month. A month is considered "paid for" if any day of that monthly billing period has already passed.
For example: Customer signs up on July 14th. Their billing month is from July 14th - August 14th. If paid for 6 months and it is now August 16th, customer can only receive a refund for the Sept - Jan portion of their prepayment (5 months).
A subscriber's account is billed based on its existence on our system. Accounts are not billed based on a subscriber's usage.
If an account is cancelled within 14 days of the initial sign-up date, the customer is entitled to a refund of some or all of the amount charged. If payment is by credit card, the customer is entitled to a full refund, consisting of the setup fee and first months charge, credited to their credit card. If payment is by check or refund by check is requested, the customer is entitled to a full refund, consisting of the setup fee and first months charge, less a $20.00 service charge for processing.
Suspension & Cancellation
Upon notification of a subscriber's intention to cancel service with Complete Internet Access, the subscriber's account will remain active on our system until the end of the subscriber's billing period. Cancellations can only be accepted via the telephone to the following telephone number: . We cannot and will not accept cancellation requests submitted by fax or electronic mail.
Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.
Please note that Complete Internet Access may take up to six days to re-activate any account that was terminated due to non-payment.
Please note, Complete Internet Access reserves the right to cancel any account at any time.
Telephone Service Usage
Subscriber is responsible for verifying that any local access number provided by Complete Internet Access is within subscriber's telephone calling plan. Subscriber agrees not to hold Complete Internet Access or any of its officers, agents or employees liable for any telephone charges incurred during the process of connecting to Complete Internet Access's system.
As a courtesy to its subscribers, Complete Internet Access has accumulated a library of software which is "shareware" or "freeware". Complete Internet Access is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. Complete Internet Access MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. Complete Internet Access ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM THE USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT Complete Internet Access MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST Complete Internet Access WITH RESPECT TO ANY SOFTWARE OBTAINED THROUGH Complete Internet Access.
Subscriber acknowledges that the software provided by Complete Internet Access is not necessary to establish a connection to the Internet and is merely provided as a convenience for our subscribers.
Complete Internet Access recognizes three areas of use: what a Complete Internet Access customer does with his or her own computer equipment; what a Complete Internet Access customer does with his or her Complete Internet Access account; and what a customer does with his or her privileges on Complete Internet Access computer equipment (mail server, web server, etc.)
Complete Internet Access has no authority or desire to determine how someone uses his or her own computer equipment. Complete Internet Access has some responsibility for how someone uses his or her Complete Internet Access account, and significant responsibility for how someone uses Complete Internet Access's computers
Each subscriber account is limited to one single dial-up connection at any one time, unless other arrangements have been made with Complete Internet Access. It is the responsibility of the subscriber to keep their password secure. Legitimate passwords are between 6 and 8 characters in length, in all lowercase and should not be part of any recognizable word found in any dictionary.
Standard Subscriber Account is allowed unlimited, on-demand access to Complete Internet Access's systems or service. Any Standard Subscriber Account that is consistently connected to Complete Internet Access's system for periods of 10 hours or more shall be subject to having its account placed under suspension and/or terminated. Dedicated Line Subsciber Accounts are not subject to this restriction.
Subscriber is responsible for all use or misuse, with or without subscriber's knowledge or consent, of their Complete Internet Access account.
Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers.
Complete Internet Access treats e-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Complete Internet Access limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Complete Internet Access's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Complete Internet Access receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Complete Internet Access's system. In addition, although Complete Internet Access has implemented certain security measures, Complete Internet Access cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Complete Internet Access provides as an added benefit to its dial-up users limited access to certain Complete Internet Access server computers. This benefit typically consists of email access, World Wide Web page hosting and telnet access to a wide range of applications.
Complete Internet Access users are subject to a limit of disk space for all their disk usage, including incoming mail files and personal web pages. Complete Internet Access reserves the right to remove files that exceed this limit. All Accounts have a 10 MB disk space limit by default. The customer is responsible for keeping backups of customer files stored on Complete Internet Access computers.
Complete Internet Access hosted web sites are limited to 400MB of transfer per month. Transfer refers to the amount of data your web site sends to the browser. Excess transfer costs are 25 cents per megabyte. We reserve the right to either remove your web site or bill for excess data transfer.
Complete Internet Access will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning and the like.
Any unauthorized use of accounts or computers by a Complete Internet Access customer, whether or not the attacked account or computer belongs to Complete Internet Access, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising.
Unsolicited commercial advertisements are not allowed in email, and will likely result in account suspension or cancellation. If a subscriber is found to have sent out unsolicited e-mail (also known as "spam"), Complete Internet Access will charge subscriber's account $1 for each message sent out due to subscriber's reckless use of system resources.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
Complete Internet Access bears certain legal liabilities for the use of its computer network and equipment. As such Complete Internet Access must require that its customers do not use Complete Internet Access's network for illegal purposes.
When presented with a search warrant, Complete Internet Access is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, Complete Internet Access recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore Complete Internet Access must make certain decisions regarding the illegality of various specific actions. Among the actions Complete Internet Access considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
Complete Internet Access believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. Complete Internet Access, in its sole discretion, will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.
Complete Internet Access provides web pages to dial-up customers and virtual hosting also. In both cases the web pages reside on Complete Internet Access's computer equipment, giving Complete Internet Access some ethical responsibility for the content of such pages.
Complete Internet Access will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Dial-up accounts are for personal, interactive use only. They may not be kept connected with a keep-alive of any sort, such as setting an email program to check mail periodically unattended.
With the use of a Unix shell account: This account is only to be used interactively while dialed in. It may not be used to run processes unattended or while not dialed in, including, but not limited to, any IRCbot, cron job or screen.
Limitation of Liability
USE OF COMPLETE INTERNET ACCESS'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. COMPLETE INTERNET ACCESS DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT COMPLETE INTERNET ACCESS'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES COMPLETE INTERNET ACCESS MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. COMPLETE INTERNET ACCESS'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL COMPLETE INTERNET ACCESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, COMPLETE INTERNET ACCESS WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF COMPLETE INTERNET ACCESS'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH COMPLETE INTERNET ACCESS'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF COMPLETE INTERNET ACCESS TO ANY SUBSCRIBER OR USE FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO COMPLETE INTERNET ACCESS'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USE TO COMPLETE INTERNET ACCESS DURING THE THREE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to idemnify and hold harmless Complete Internet Access, its directors, officers, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's web site whether or not authorized.
Subscriber's account and right to use Complete Internet Access's services and system is not transferable without Complete Internet Access's consent. Subscriber agrees to protect their password and account and to keep them secure from unauthorized users and use.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shally only be effecting if in a writing signed by an authorized officer of Complete Internet Access. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to choice or conflict of law principles. Any legal action or proceeding arising under or relating to the Agreement shall be brought in the federal or state courts of The Commonwealth of Massachusetts and the parties hereby consent to personal jurisdiction and venue therein. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.