ACCEPTABLE USER POLICY
TERMS AND CONDITIONS
METROCAST COMMUNICATIONS exercises no control whatsoever over the content of the information passing through the Oasisonline service. METROCAST COMMUNICATIONS makes no warranties of any kind, whether expressed or implied, for the service it is providing. METROCAST COMMUNICATIONS also disclaims any warranties of merchantability or fitness for a particular purpose, and any obligation to maintain such confidentiality.
METROCAST COMMUNICATIONS will not be responsible for any damage suffered from installing internet software or use of the Internet. This includes loss of data resulting from delays, non deliveries, miss-deliveries, or service interruptions caused by its own negligence or customers errors or omissions, or due to inadvertent release or disclosure of information sent by customer. Use of any information obtained via the Oasisonline Service, including UseNet Newsgroups is at the customers own risk. METROCAST COMMUNICATIONS denies any responsibility for the accuracy or quality of information obtained through its services.
Customer’s use of the host computers and the network of METROCAST COMMUNICATIONS may only be for lawful purposes. Customers are prohibited from transmitting on or through any of METROCAST COMMUNICATIONS services any material that is, in METROCAST COMMUNICATIONS sole judgment, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that might constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
Transmission, distribution or storage of any information, data or material in violation of United States or state regulation or law, is prohibited. This includes, but is not limited to, material protected by copyright or trademark. METROCAST COMMUNICATIONS reserves the right to remove such material from its servers without notice. In addition, the resale of METROCAST COMMUNICATIONS products or services is not permitted unless specific permission is given or documented.
System abuse is strictly prohibited. METROCAST COMMUNICATIONS may terminate service immediately and may bill for any resulting charges if the client engages in system abuse. Customers who violate systems or network security in any way may incur civil or criminal liability. METROCAST COMMUNICATIONS will cooperate fully with law enforcement authorities in the investigation of suspected criminal activities. System abuse is defined, but not limited to the following:
Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). Customers are expressly not authorized to scan or probe the security of other networks using tools available for that purpose. In addition, customers may not attempt to interfere with or deny service to any user, host or network. Customers may not use any kind of program, script or command, or send messages of any kind, designed to interfere with a user's terminal session, via any means or by the Internet. Customers may not use a METROCAST COMMUNICATIONS account to collect replies to messages sent from another provider which violate METROCAST COMMUNICATIONS terms and conditions or those of that provider.
EMAIL
Customers may not send email to any person who does not wish to receive it and must honor requests from the recipient to stop sending the unwanted messages. Harassment or stalking; whether through language, frequency or size of messages, is prohibited. Customers are expressly prohibited from using bulk mail software for the purpose of sending unsolicited e-mail (junk mail or spam). This includes, but is not limited to, bulk mailing of commercial advertising and religious or political tracts. Such material may be sent only to those requesting it. Customers may not forward or otherwise propagate multiple forwarding (chain letters), whether or not the recipient wishes to receive such mailings. Attempting to cancel, supersede, or otherwise interfere with email posts other than one's own is prohibited. Forging of mail header information is prohibited. Malicious email (mail bombing) is expressly prohibited and will result in immediate termination of service.
NEWS
Customers are responsible for complying with the written charters of news groups. The poster to a news group is responsible for determining the policy or etiquette for the news group in question. Posting inappropriate messages, forging header information, posting chain letters of any type, attempting to cancel, supersede, or otherwise interfere with Usenet posts other than one's own, excessive cross posting or multiple posting of large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to Usenet Newsgroups not specifically named for that purpose is prohibited.
ACCOUNTS
The customer is responsible for keeping his or her billing information that is on file with METROCAST COMMUNICATIONS up-to-date and accurate. Furnishing false data on the signup form or contract is grounds for immediate termination of service and may subject the offender to civil or criminal liability.
Billing for METROCAST COMMUNICATIONS service will normally commence when the first authenticated access to METROCAST COMMUNICATIONS service has been completed. In the event of early cancellation of any long term commitment, the customer will forfeit any remaining credit left on the account. NO REFUNDS WILL BE GIVEN ON ANY UNUSED SERVICE. METROCAST COMMUNICATIONS reserves the right to change the rates by notifying customer 30 days in advance of the effective date of the change. However, customers entered into any long term commitment will be exempt to any rate changes during the course of that commitment.
Payment is due upon receipt of invoice. Accounts are overdue if payment is not received within 15 days after date of invoice. Any overdue account may have their service interrupted without notice. A reconnection fee of $15.00 will be charged for reconnection of service. Such interruption of service does not relieve customer of the obligation to pay current or past due charges. Only a written request to terminate service will relieve customer of obligation to pay the monthly account charge.
For internet accounts payable by credit card, the credit card will be automatically charged on the due date of the internet access whether it is set up on a monthly, quarterly, semi-annual or annual basis. The customer is responsible for keeping credit card information current.
A fee of $50.00 will be charged for checks returned to METROCAST COMMUNICATIONS as unpaid. Any amount unpaid and carried forward to the following month's invoice will be assessed a late fee equal to the greater of $5.00 or 1.5% of the balance brought forward. If customer defaults, customer agrees to pay METROCAST COMMUNICATIONS its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights to these Terms and Conditions.
All individuals accessing Oasisonline Service represent to us that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access Oasisonline Service unless the express written agreement of such individual's parent or legal guardian has been furnished to METROCAST COMMUNICATIONS through the appropriate subscriber offering our service. Certain material available through Oasisonline Service may not be suitable for minors.
METROCAST COMMUNICATIONS technical support attempts to help all of our customers. Verbal abuse, threat or perceived threat will not be tolerated and the customer account will be immediately terminated. If account is terminated, customer is still be liable for all current and past due charges.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other order submitted. These Terms and Conditions may be modified by METROCAST COMMUNICATIONS without prior notice to customer. Use of METROCAST COMMUNICATIONS network constitutes acceptance of these Terms and Conditions.
