Terms and Conditions
The main purpose of CHIPS is to provide access to the Internet for its subscribers through its various service types. It is the intention of CHIPS to allow its subscribers that access with minimal or no interference In a multi-subscriber environment such as CHIPS, 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, CHIPS has adopted these Acceptable Use Policies.
They are intended to provide guidelines on what CHIPS 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. CHIPS recognizes that many of the individual components of the Internet have other specific guidelines for use.
The preservation of CHIPS's technical resources, the continuation of its high quality service to its customers, the compliance with existing laws and regulations, and the protection of CHIPS's 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 CHIPS subscribers and advertisers are expected to follow these policies.
ACCESS TO CHIPS's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. Warranties / Disclaimers:
The CHIPS Internet service is provided on an "as is, as available" basis. While our intention is to provide more than adequate bandwidth 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 CHIPS or any information or software therein.
CHIPS 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 CHIPS 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 CHIPS's own negligence.
CHIPS 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 CHIPS services. In no event shall CHIPS's aggregate liability exceed the amount paid by you to CHIPS for CHIPS services. Use of any information obtained via CHIPS's Internet service is at the user's own risk.
CHIPS specifically disclaims any responsibility for the accuracy, safety, or quality of information obtained through its services.
The subscriber is responsible for all use of subscriber's account(s), confidentiality, safety of password(s), and ensuring file protections are set correctly. CHIPS 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.
CHIPS is not liable for the consequences of any usage of compromised accounts prior to CHIPS 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 utilised).
3. Personal Files:
CHIPS is not responsible for subscriber's personal files residing on CHIPS. CHIPS reserves the right to delete subscriber's personal files after one or both parties terminates the service agreement between CHIPS and subscriber.
4. Non-Transferability of Account:
The right to use CHIPS's Internet service is not transferable, being expressly limited to the individual or business whose name appears on the account.
5. Network Address Ownership:
Any network address assignments issued by CHIPS (i.e., IP address) are the property of CHIPS and are assigned dynamically. In the event service with CHIPS is discontinued for any reason, such addresses will revert to CHIPS. 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.
6. Compliance with all Laws:
- 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, Australia/National., or international law or regulation is prohibited
- that any material to be reproduced or transmitted on Soft-Tech's service through subscriber's account(s) does not violate or infringe any patent, trademark, copyright, statutory, common law, or proprietary rights of others
- that such material as might be reproduced or transmitted on CHIPS's service through his/her account does not contain anything obscene, libellous, or threatening. Subscriber agrees software intended to facilitate any such violations or infringements may not be stored on CHIPS
- at CHIPS's discretion, not to use CHIPS services or accounts for inappropriate usage; and
- subscriber shall defend, indemnify and hold harmless CHIPS from and against any claims, liabilities and expenses, including reasonable attorneys' fees, resulting from subscriber's use of the CHIPS service or subscriber's account(s) in an unlawful manner or otherwise in violation of or contrary to subscriber's Agreement with CHIPS or CHIPS's Acceptable Use Policies.
7. Acceptable Conduct:
The following usage of CHIPS resources is deemed acceptable under the terms of service:
- usage for private personal communications
- 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
- usage for research or educational purposes; and
- usage for data communications in accordance with applicable laws
8. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by CHIPS and may result in termination of the account(s) determined to have originated this conduct. In addition, CHIPS reserves the right, where feasible, to implement technical blocks to multiple postings by a CHIPS subscriber as described in (A), (B), (C), and (F) below before such postings are forwarded:
- violation of any applicable local, state, federal, or international laws
- 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). CHIPS will apply a charge of $0.05 per copy for misposted USENET articles
- 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 CHIPS. Unsolicited commercial advertisements are not allowed in e-mail. CHIPS will apply a charge of $150 per user for unsolicited commercial e-mail
- engaging in either (a) or (b) from a provider other than CHIPS while using an account on CHIPS as a mail drop for responses, or to draw attention to a web site housed within CHIPS's networks
- continued harassment of other individuals on the Internet after being asked to stop by those individuals and by CHIPS
- mail bombing (the transmission of large volumes of unsolicited e-mail to individuals or to individual business accounts)
- 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
- 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
- use of IRC 'bots or clone bots on CHIPS. An IRC 'bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions
- 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
- network unfriendly activity. Any attempt to interfere with the regular workings of CHIPS's systems or network connections or which adversely affect the ability of other people or systems to use CHIPS services or the Internet, including, but not limited to:
- 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 CHIPS system
- any use of this or any other CHIPS system as a staging ground to disable other systems
9. Right to Disconnect Nondedicated Accounts:
CHIPS unlimited access dial-up connections are not intended to be full-time dedicated connections and will be disconnected according to any conditions defined in the pricing structure found in Access Accounts under the relevant account categories. 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.
CHIPS reserves the right to impose a restriction on accounts deemed by it to be in violation of these conditions.
10. Excess Utilization of System or Network Resources:
CHIPS flat rate/unlimited access services are subject to fair use to ensure an enjoyable internet experience for all subscribers. Where CHIPS determines that excessive utilization adversely affects CHIPS's ability to provide service for all subscribers this may result in immediate action to relieve the problem. In that event, the subscriber will be notified as soon as is practicable.
11. Compliance with Rules of Other Networks:
Any access to other networks connected to CHIPS's Internet service must comply with the rules for that other network as well as with CHIPS's rules.
12. Monitoring / Privacy:
CHIPS reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that CHIPS 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 CHIPS employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
CHIPS also reserves the right to access a subscriber's mailbox or other files stored on CHIPS systems to resolve system problems or mail system errors.
13. Cooperation with Authorities:
CHIPS 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.
14. Confidentiality of Personal Subscriber Information:
CHIPS 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 CHIPS's judgment as to the validity of any court order of subpoena shall be considered proper and final.
15. Right to Suspend or Cancel Account:
CHIPS 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 CHIPS that the subscriber may be performing activities harmful to CHIPS or its subscribers, employees, vendors, business relationships, or any other users of the Internet.
16. Right to Damages:
CHIPS reserves the right to collect damages (software, hardware, and man hours) if any harm is done to CHIPS which requires repair or reconfiguration of any kind.
17. Other Remedies / Non-Waiver:
Nothing contained in these policies shall be construed to limit action CHIPS may take or remedies available to CHIPS in any way with respect to any of the described conduct.
CHIPS reserves the right to take any additional actions CHIPS 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 CHIPS service, and levying cancellation charges to cover CHIPS's costs in the event of disconnection of dedicated access for the causes outlined above.
In addition, CHIPS reserves at all times all rights and remedies available to CHIPS 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 CHIPS reserves the right to enforce such policy or rule at its sole discretion.
18. Right to Change Service:
CHIPS reserves the right to change without notice the CHIPS service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
19. Right to Modify Acceptable Use Policies:
CHIPS may modify its Acceptable Use Policies upon notice published on line via CHIPS's web page. Subscriber's use of CHIPS services after such notice shall constitute subscriber's acceptance of the modifications to these policies.
20. Telephone 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 local connection
CHIPS assumes no liability for Telephone charges incurred by users for incorrectly entering a local access number in their computer. CHIPS does not pay for the cost of connecting to our POPs under any circumstances. In addition, CHIPS will not reimburse customers for Telephone charges under the following conditions:
- failure to adequately install our software product
- improperly entering the local access number
- improperly obtaining a local access number from the Readme File or the CHIPS technical support pages
- improperly obtaining a local access number from Customer Service or any other CHIPS employee
- improperly obtaining a local access number from the technical insert provided with the software upon receipt of the product
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