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Policies
Our
Policies are designed to help protect our customers, and the Internet
community, from irresponsible or illegal activities. Acceptance of service
with Hennessee Internet Services implies acceptance of these terms. This
document is subject to change without notice, and any changes are of immediate
effect to all Hennessee Internet Services customers. As good net citizens,
we prohibit the impersonation of others, unsolicited commercial appeals,
and any disruption of Internet Services. Examples of such activities are
given below:
Email
Commercial e-mail:
Sending unsolicited commercial e-mail is prohibited. Using a Hennessee
Internet Services e-mail address to collect responses from unsolicited
commercial e-mail is prohibited. Please refer to the section on Commerce
on the Internet for additional guidance.
Mail bombing:
Sending large volumes of unsolicited e-mail is prohibited.
Harassment:
Sending threatening or harassing e-mail after being requested to stop,
is prohibited. Extremely threatening or harassing e-mail is prohibited
always.
News
Newsgroup spamming:
Excessive cross-posting, or posting the same article to several newsgroups,
is prohibited. Generally accepted standards allow no more than 15 newsgroups,
or cross-postings, for a single article or substantially similar articles.
Such articles may be cancelled.
Off-topic or inappropriate
postings:
There is no restriction on content, except as defined by each newsgroup.
Continued posting of off-topic articles is prohibited. Please note that
commercial advertisements are off-topic in the vast majority of newsgroups.
General
Impersonation:
Attempting to impersonate any person, using forged headers or other identifying
information, is prohibited. The use of anonymous re-mailers and nicknames
does not constitute impersonation.
Network unfriendly
activity:
Activities which adversely affect the ability of other people or systems
to use Hennessee Internet Services services or the Internet is prohibited.
Privacy violations:
Attempts, whether successful or not, to gain access to any computer system,
or customer's data, without consent is prohibited.
Unlimited use:
Sharing Unlimited accounts with anyone other than immediate family member
or business associate, or re-selling service without express written consent
from Hennessee Internet Services, or offering any public information service,
such as running a web server or FTP server, is prohibited. Using programs
to defeat system timers limiting inactivity is prohibited.
Untimely, payment
of any and all amounts due may result in account cancellation.
Downtime:
Neither Hennessee Internet Services nor its employees, agents, officers
and/or its assignees are authorized to make any warranty with respect
to the software, hardware, or any services provided to subscriber under
this agreement. Hennessee Internet Services makes no warranties either
express or implied, for any software, hardware, or services provided to
the subscriber as to merchantability or fitness for a particular purpose.
Hennessee Internet Services shall not be liable for an direct, indirect,
incidental, special or consequential damages of any kind what so ever
arising out of or related to connection to Hennessee Internet Services
network. The Subscriber hereby acknowledges that there may possibly be
network failures or downtime beyond the control of Hennessee Internet
Services and agrees to hold Hennessee Internet Services harmless for any
network downtime or connections.
Hennessee Internet
Services shall make every effort to eliminate any network, software or
hardware failures as well as downtime. Should any network services be
unavailable, Hennessee Internet Services sole liability for such failures,
shall be a discretionary adjustment to the subscribers billing for such
down time or service unavailability.
Financial
1. Subscription Fees
A. Subscriber
agrees to pay to Hennessee Internet Services the fees stated or as specified
from time to time. Charges will be calculated based upon the subscription
package selected. Failure of payment shall render due and payable all
sums plus a late payment charge of one and one half percent per month.
Fees may be prorated for portions of months. Use of the service beyond
the free time or without proper authorization will result in charges to
billing or credit card account.
Monthly subscribers shall pay monthly service fees for use of the network.
The first such fees shall be due and payable upon initial use of the service.
Subsequent fees shall be invoiced on the subscribers anniversary date
of each month and shall be paid within 15 days of the invoice date.
B. Packages, once
purchased, are nonrefundable, regardless of use or lack of use by subscriber.
C. Once a charge has
been processed, the subscriber shall not request his or her bank or credit
card to reverse the charge or charge it back to Hennessee Internet Services.
If subscriber has a legimate basis to request a credit for a charge previously
processed against his or her account, he or she shall request a credit
from Hennessee Internet Services by written notice and resolve the issue
directly with Hennessee Internet Services. Any reversed charges which
cause the bank or credit union to impose a charge back cost against Hennessee
Internet Services shall be reimposed by Hennessee Internet Services upon
subscriber. Such costs may exceed the cost of the reversed item or charge
back by many times.
2. Terms of Service
This Agreement shall remain in effect beginning on signup and it shall
remain and continue in effect unless 30 days written notice of termination
is received by one party from the other party. Written notice of termination
shall be provided in the following manner: email notification to billing@hennesseecorp.com
or facsimile notification at 810.686.5994, attn: Billing. The prices and
terms are subject to change upon notice by Hennessee Internet Services
to Subscriber. Posting of notice on the System shall constitute notice.
3. Renewal Terms
Monthly subscription package shall continue to renew monthly until proper
termination notification is received from Subscriber.
4. Performance
Subscriber hereby agrees that it will well and truly indemnify and save
harmless Hennessee Internet Services from all manners of suit, actions,
damages, charges and expenses, including attorney and counsel fees, which
in the case of failure of payment by Subscriber shall equal twentyfive
percent of such payment due but not paid, that Hennessee Internet Services
may sustain by reason of Subscriber's failure to perform this Agreement.
Subscriber's breach of any of the terms, covenants or conditions of the
Agreement, or other claims against Hennessee Internet Services arising
from this Agreement. Hennessee Internet Services' failure to perform this
Agreement, resulting from any event(s) not specified above, shall cause
it, to be liable to Subscriber in a maximum aggregate amount not to exceed
the cost of service paid for by Subscriber at the time of failure, if
any, and still unused by Subscriber. This shall be the exclusive remedy
hereunder.
Privacy
It may be necessary for Hennessee Internet Services employees to examine
system accounting logs and other records to resolve system problems. Hennessee
Internet Services reserves the right to access an account's mailbox to
resolve system problems or mail system errors:
In addition, Hennessee
Internet Services will cooperate with the appropriate legal authorities
in investigating claims of illegal activity, including but not limited
to illegal transfer or use of copyrighted material, postings or e-mail
containing threats of violence, or other illegal activity.
Hennessee Internet
Services makes no guarantee and assumes no liability for the security
of any data on any server including "secure servers."
Our customers are
reminded that no computer system should be considered safe from intrusion.
E-mail may pass through many computer systems, and should not be considered
a secure means of communication unless encrypted. Even then, information
is only as secure as the encryption method.
Rationale
This document provides a general understanding of Hennessee Internet Services'
policy on the Appropriate Use of Hennessee Internet Services. Common sense
and judgement are a necessary part of any system of rules, and this policy
is no exception. Of course, flagrant or repeated violations of the Policy
are viewed in a very different light than minor infractions.
Protection of our
customers and our resources, the ability to provide quality service to
our customers, conformance with existing law, and the protection of our
reputation as a service provider are all contributing factors to decisions
on policy violations.
It is our intention
to all Hennessee Internet Services customers access to everything the
Internet has to offer with minimal or no interference. Our belief in Free
Speech is a firm commitment to our customers. However, Free Speech does
not include the right to shout "Fire" in a crowded theater.
In an analogous manner, certain activities are considered inappropriate
by the Internet community at large, and cannot be permitted under the
guise of Free Speech.
Hennessee Internet
Services does not censor the content of any newsgroups. We believe such
choices should be left to the individual. We do advise our users that
tools, such as Cyber Patrol, are available to screen an account's access
to newsgroups one considers offensive. It is the account owner's responsibility
to make use of such tools if desired.
Hennessee Internet
Services does not monitor the activity of accounts except for measurements
of system utilization and billing records. However, in our efforts to
promote good citizenship within the Internet community, if we become aware
of inappropriate use of Hennessee Internet Services, we will respond.
If a Hennessee Internet
Services account is used to violate the policy, we reserve the right to
terminate service without notice. Our preferred course action would be
to advise the account owner of the inappropriate behavior and corrective
action necessary. However, flagrant violations of the policy will result
in immediate termination of service.
In the event that
an account is temporarily inactivated as a result of any prohibited activities,
the account may be subject to reactivation charges and/or deposit requirements
to be determined by Hennessee Internet Services.
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