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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:
- is in violation of any local, state, federal
or non-United States law or regulation.
- is threatening, obscene, indecent, defamatory
or that otherwise could adversely affect any individual, group
or entity (collectively,
"Persons").
- 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
Client Responsibility: System and Network
Security
- 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.
Client Responsibility: E-Mail
- Clients are expected to check and read their
email regularly in order to receive administrative, financial, and/or technical
information from Omni Connections
- Mail older than 30 days should NOT be stored
on our mail servers, and may be deleted during scheduled maintenance.
- 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.
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
- 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.
- 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.
- 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.
- 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.
- Deceptive on-line marketing practices.
- 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
- 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).
- 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.
- 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.
- Executing any form of network monitoring which
will intercept data not intended for Customer.
Prohibited Actions: E-Mail
- 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.
- Harassment, whether through language,
frequency, or size of messages, is prohibited.
- Creating or forwarding "chain
letters" or other "pyramid schemes" of any type, whether or not the
recipient wishes to receive such mailings.
- Malicious e-mail, including, but not limited
to, "mailbombing" (flooding a user or site with very large or numerous pieces of
e-mail).
- 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.
- 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
- 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.
- Bandwidth Theft
Willful use of access ports other than those assigned to your account or
bandwidth beyond that which you have contracted to use.
- 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
Complaints
Complaints concerning system abuse may be
submitted by:
- Mail: Omni Connections
PO Box 2102
Sherman, TX 75091-2102
- 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.
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
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.
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.
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).
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.
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
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.
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.
Due Dates & Late Fees
Payments for all services are due each month on the
anniversary of the date you signed up.
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.
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.
Refunds
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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