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Terms Of Service


Omni Connections Terms of service contract. sets the ground rules for a mutually beneficial relationship between the customer and Omni Connections.

These Terms of Service ("TOS") set forth the principles that govern, customers use of, the system, services and products provided by Omni Connections. The TOS has been created to promote the integrity, security, and reliability of Omni Connection's networks. The TOS also provides for the privacy, and security of it's customers.


Compliance With Law

Customers shall not post, transmit, re-transmit or store material on or through any of Omni Connections's system services or products that:

  1. is in violation of any local, state, federal or non-United States law or regulation.
  2. is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group
    or entity (collectively, "Persons").
  3. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

Liability

In no event will Omni Connections be liable to any customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this TOS, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Omni Connections was advised of the possibility of such damages.

In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees) relating to any acts by you or materials or information transmitted by you in connection with Omni Connection's system leading wholly or partially to claims against us or our system by other users or third parties.

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Client Responsibilities

  1. Client Responsibility: System and Network Security

    1. Security must be a primary consideration. Passwords must be kept secure, and must be reported immediately upon becoming compromised. All passwords should be at least 4 characters and no more than the maximum of 8, and should NOT be common words or names. For the best balance of simplicity and security, try combining a word with numbers, ie. s9am14.
  2. Client Responsibility: E-Mail

    1. Clients are expected to check and read their email regularly in order to receive administrative, financial, and/or technical information from Omni Connections
    2. Mail older than 30 days should NOT be stored on our mail servers, and may be deleted during scheduled maintenance.
    3. It is the clients' responsibility to avoid becoming the target of mass emails (SPAM). Omni Connections attempts to block the most gross offenders, but is technically unable to block ALL such mailings.
  3. Client Responsibility: General

    All clients are expected to be familiar with this TOS and to conform the guidelines it provides.


PROHIBITIONS

Prohibited Uses of Omni Connection's System

This TOS identifies the actions that Omni Connections considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this TOS, Customer may only use Omni Connection's system in a manner that, in the Omni Connection's sole judgement, is consistent with the purposes of such system.. If a customer is unsure whether a contemplated use or action is permitted under the TOS, the customer should e-mail Omni Connections with a description of the proposed use at admin@omniconnections.com for a determination as to whether the use is permissible under this TOS. The examples identified in the subsections below are non-exclusive and are
provided, in part, for guidance purposes.

The following uses of Omni Connection's systems, services and products as described in subsections A through
E are expressly prohibited:

Prohibited Actions: General Conduct

  1. Transmitting on or through any of Omni Connection 's systems, services, or products any material that is, in Omni Connection's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national or international law.

    Because of the global nature of the Internet, it is impossible to always satisfy the legal standards of every locale. By using Omni Connection's systems, you therefore agree to abide by the laws of our own state and country, the State of Texas, United States of America. In addition, you agree and consent that should you ever take legal action against us, the courts of Omni Connection's own state, Texas, will have exclusive jurisdiction over any such legal action.

    Illegal activities, under the jurisdiction described above, will result in immediate termination of service upon our discovery of said activities. The responsibility for knowledge of applicable laws, including those of other jurisdictions, is strictly your own.

  2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.

    In accordance with the Digital Millennium Copyright Act [Public Law 105-304] (see also commentary), Omni Connections has a policy of terminating service to users who are repeat offenders of copyrights. This applies to users who post copyrighted materials and/or post links to sites known to contain copyrighted materials, without the copyright owners permission.

    Additionally under the new law, we may remove any material we believe to be a copyright infringement before making reasonable efforts to contact the offending user.

    The DMCA specifies that we must establish a Designated Agent to handle all claims by users and/or copyright owners regarding copyrighted materials on our servers. Call for info.

  3. Actions that restrict or inhibit any Person, whether a customer of Omni Connections or otherwise, in its use or enjoyment of any of Omni Connection's systems, services or products.
  4. Resale of Omni Connection's services and products, without the prior written consent of Omni Connections. This includes, but is not limited to, the mass posting of newsgroup data obtained
    through Omni Connections on another online system.
  5. Deceptive on-line marketing practices.
  6. Furnishing false data on signup forms, contracts, or online applications, including fraudulent use of credit card numbers (such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability).


  • Prohibited Actions: System and Network Security

    1. Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server
      or account the customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
    2. Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, attempts to "crash" a host, and any other so-called "denial of service" attacks.
    3. Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
    4. Executing any form of network monitoring which will intercept data not intended for Customer.


  • Prohibited Actions: E-Mail

    1. All users must abide by all state, federal, and international laws regarding the use of electronic mail, Specifically those laid out in the Computer Crimes Act; electronic mail.

      This Act redefines "computer services" to include electronic mail or electronic message services of an electronic mail service provider. The bill also adds the following to the list of those acts constituting use
      without authority or computer trespass:

      • using the services of an electronic mail service provider in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider
      • falsifying e-mail transmission information in connection with the transmission of unsolicited bulk e-mail
      • selling or distributing software which makes possible the transmission of false e-mail with the intent to facilitate the transmission of false e-mail.

      It also provides for statutory civil damages of at least $500 for each and every illegal and unsolicited bulk electronic mail message transmitted or actual damages, whichever is greater or $1000 for each and every violation of the prohibition on selling or distributing software which makes possible the transmission of false e-mail.

      Omni Connections maintains a list of SPAM addresses and domains that are currently blocked from our servers.

    2. Harassment, whether through language, frequency, or size of messages, is prohibited.
    3. Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
    4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
    5. Use of unsolicited e-mail originating from the Omni Connections network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Omni Connections, or connected via the Omni Connections network.
    6. Willful failure to secure open SMTP ports so as to prevent the unauthorized use of customer resources for the purposes of sending unsolicited e-mail by a third party.
  • Prohibited Actions: Connectivity

    1. Multiple simultaneous logins
      Unless otherwise specifically contracted, all access accounts are for a single use connection, and cannot
      be used by more than 1 (one) user or device at a time. Please contact our Admin department for information on allowable simultaneous logins.
    2. Bandwidth Theft
      Willful use of access ports other than those assigned to your account or bandwidth beyond that which you have contracted to use.
    3. Personal and Business Dial-up connections are not to be full-time dedicated connections and will be disconnected after 15 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection and to keep connection active only when customer is actively using it. Customers found to be using, devices to maintain a connection while not actively using the service could face termination of service. Call our admin office at 903-870-1789 for dedicated access information. Personal Dial-Up customers agree to use this connection for their personal internet access only.

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    COMPLAINTS

    Complaint and Enforcement

    1. Complaints

      Complaints concerning system abuse may be submitted by:

      1. Mail: Omni Connections
        PO Box 2102
        Sherman, TX 75091-2102
      2. EMail:
        Complaints will also be accepted via e-mail, at Omni Connections so long as a valid return address is included.


      Omni Connections must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

    2. Enforcement

      Omni Connections may, in its sole discretion, suspend or terminate a customer's service for violation of any of TOS at any time and without warning. As a general matter, Omni Connections attempts to work with customers to explain and correct violations and to ensure that there is no re-occurrence of the violation prior to the termination service.


    Miscellaneous

    1. Privacy

      Please be aware that any information you submit via ANY electronic medium (email, news, etc) is NOT confidential and could be observed by a third party while in transit. Omni Connections explicitly does NOT monitor data in transit to and from other domains, however, we cannot vouch for the policies or practices of systems outside Omni Connections's domain. Be advised that there are people who illegally, capture information off the internet, send computer viruses to visitors to their websites, and also send viruses via email. Beware of unknown Websites, and unsolicited Email

      Additionally, be advised that like any Americans, Omni Connections is subject to court rulings and/or warrants regarding your communications.

    2. Modification of TOS

      Omni Connections retains the right to modify the TOS at any time and any such modification shall be automatically effective as to all customers when adopted by Omni Connections. Customers of Omni Connections will be notified by Email of any changes.

    3. Applicability of TOS

      The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade Commission Deception Policy Statement, is not permitted through the Omni Connections network. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).

    4. Omni Connections Is Not Responsible For Content

      Omni Connections is not responsible for the content of any posting, email, or web site created by a customer of Omni Connections or any third party.

    5. Editorial Control, Ownership of Postings & Removal of Materials

      Editorial control is limited on Omni Connection 's part to material published on our own online services by Omni Connection's employees or it's subcontractors. These postings will be the express property of Omni Connections


      Termination of Service

      We reserve the right to refuse service upon being made aware of illegal activities and/or other breeches of this contract.

      At its sole discretion, Omni Connections reserves the right to remove materials from its servers and to terminate internet access to customers that Omni Connections determines have violated this TOS.
      NO REFUNDS will be made to any customer terminated for illegal violations.


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    Prices & Payments

    1. Rates

      You will be charged a monthly fee for using our system. Omni Connections's prices are subject to change, however all existing customers will be provided with 1 months advance notice. Please see our price schedule for up-to-date rates and availability.

    2. Billing

      We do not provide printed billing to our customers. This policy reflects Omni Connections's deep commitment to providing our clients with the most economical, highest value service possible. It also illustrates Omni Connection 's goal to minimize the impact of our activities on the environment. You will receive an email notification each month that your credit card is about to be billed and for what amount.

    3. Due Dates & Late Fees

      Payments for all services are due each month on the anniversary of the date you signed up.

    4. Payment Methods

      Payment may be made via credit card or check. Credit card payments will be automatically
      billed on the anniversary date of each month.

    5. Late Fees & Failed Payments

      Unpaid accounts may be placed on hold on or after 5 days beyond the billing date. Late payments are subject to a late fee of 1.5% of the outstanding balance. Returned checks and refused credit constitute nonpayment. There will be a $25.00 service charge on all returned checks. Held accounts will be subject to a $25.00 reactivation fee.

      Accounts held on two or more successive months may be required to renew their service via an annual or six month plan.

    6. Refunds

    7. Customers wishing to cancel an extended account before it's termination date, will be refunded the original rate less months used times the month to month rate. No refunds will be issued for partial months usage.


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