System Policies
Customer Contract

Acceptable Use Policy

 

 

By Installing or Using  Our Internet Services you agree to be bound by the following Contract.  Please read the contract and fully understand it prior to installing any software or using our service.

 

If you disagree with this contract you may not use our services for any reason.
 Please return any UN-installed software to :
               

Compu-Ad Information Network

Post Office Box 403375

Hesperia, Ca 92340-3375

(760) 542-9388

 

 

This contract is required to obtain and maintain service with Compu-Ad Information Network. It acts as protection for both Compu-Ad Information Network and its customers, and is intended to prevent misunderstandings of policies and appropriate use.

Compu-Ad Information Network services may only be used for lawful purposes. Transmission or solicitation of any material, which violates United States Federal, California State, or other laws, which may apply in this jurisdiction or your local area, is prohibited. This includes material, which is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. You agree not to publish any material which would commonly be considered "indecent" or "appealing to the prurient interest", also commonly referred to as "adult" material.

You agree to indemnify and hold harmless Compu-Ad Information Network in any legal action, which arises as a result of your use of our services, without limitation or exception. This indemnification extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Compu-Ad Information Network makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Compu-Ad Information Network responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Compu-Ad Information Network recognizes that any complete service interruption in excess of a continual 72-hour period within our control,  will justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made.

ECPA (Electronic Communications Privacy Act) NOTICE. Compu-Ad Information Network reserves the right to monitor any and all communications through or with our facilities. You agree that Compu-Ad Information Network is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you may happen to connect to.

You agree to adhere to system policies as published online by Compu-Ad Information Network, including restrictions on services available with each account type, restrictions on certain Web features, and all other policies designed to protect and enhance the quality and reliability of service at Compu-Ad Information Network. You agree to abide by any and all future policy decisions. You agree that the security of your account is first and foremost your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Compu-Ad Information Network immediately via telephone. You agree that if you become aware of misuse of your account, and do not notify Compu-Ad Information Network, you may be held responsible for that misuse. You agree not to transmit unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings. You specifically agree that the use of Compu-Ad Information Network for unsolicited mass mailings or postings (commonly known as "Spam[TM]") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for the damages to Compu-Ad Information Network, both monetary and in reputation.

 

In consideration of the Internet access and services (the "Services") being provided to you by Compu-Ad Internet Services & Got-Internet.com (as herein defined),you agree to the terms and conditions of this Customer Use Agreement (the "Agreement"). If at any time you choose not to agree to all or any of the following terms and conditions, you must notify Compu-Ad Internet Services & Got-Internet.com immediately to cancel your account.

1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING COMPU-AD INTERNET SERVICES & GOT-INTERNET.COM'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.

2. You agree to protect and indemnify Compu-Ad Internet Services & Got-Internet.com against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Compu-Ad Internet Services & Got-Internet.com.

3. You agree that your username and password and changes to both of these items are your responsibility.

4. The modems utilized by Compu-Ad Internet Services & Got-Internet.com to provide the Services are engineered for 56k connectivity. However, Compu-Ad Internet Services & Got-Internet.com cannot guarantee a 56k connection if telephone company facilities are unable to support this connection speed.

5. Compu-Ad Internet Services & Got-Internet.com shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, Compu-Ad Internet Services & Got-Internet.com shall in no event be liable for any long distance charges billed to the customer.

6. You acknowledge that the registration of a domain name confers no legal right(including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

7. Compu-Ad Internet Services & Got-Internet.com reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax Compu-Ad Internet Services & Got-Internet.com a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supercedes all previous representations, understanding, or agreements, written or oral, by or between you and Compu-Ad Internet Services & Got-Internet.com, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.



8. Compu-Ad Internet Services & Got-Internet.com reserves the right to take whatever actions we deem appropriate to enforce these policies. Compu-Ad Internet Services & Got-Internet.com also reserves the right to change these policies without prior notice at any time. The actions Compu-Ad Internet Services & Got-Internet.com takes may include account suspension or termination. Compu-Ad Internet Services & Got-Internet.com does not issue any credits for accounts cancelled due to policy violations. Compu-Ad Internet Services & Got-Internet.com reserves the right to refuse service to anyone at anytime for any reason.

9. You understand that the services provided by Compu-Ad Internet Services & Got-Internet.com may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. Compu-Ad Internet Services & Got-Internet.com shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.

10. You agree that this service is governed by the Laws of the State in which Compu-Ad Internet Services & Got-Internet.com resides. You agree that the County of in which Compu-Ad Internet Services & Got-Internet.com is located shall be the forum for any legal action relating to the services provided.

11. Any Internet activity, which references back to Compu-Ad Internet Services & Got-Internet.com or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to Compu-Ad Internet Services & Got-Internet.com or an account or services provided by Compu-Ad Internet Services & Got-Internet.com will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

12. Use of Compu-Ad Internet Services & Got-Internet.com's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use Compu-Ad Internet Services & Got-Internet.com's services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.

13. There is no discount for Compu-Ad Internet Services & Got-Internet.com to forward your email or website, if you choose to terminate your account with Compu-Ad Internet Services & Got-Internet.com. For this reason, it is recommended that you continue your account with Compu-Ad Internet Services & Got-Internet.com for as long as necessary for forwarding purposes. As long as Compu-Ad Internet Services & Got-Internet.com forwards your email or website, you will need to continue your account with Compu-Ad Internet Services & Got-Internet.com.

14. Compu-Ad Internet Services & Got-Internet.com bills for most services in advance. Purchasers of Compu-Ad Internet Services & Got-Internet.com's services agree to be bound by the Uniform Consumer Credit Code of the State in which Compu-Ad Internet Services & Got-Internet.com resides. A service charge will be charged on all past due amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.

15. Billing statements will be sent via e-mail. If you wish to have your billing statement sent to you via U.S. mail, you will be assessed a $2.50 fee for each bill sent to you.

16. All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by Compu-Ad Internet Services & Got-Internet.com, your account with Compu-Ad Internet Services & Got-Internet.com will be disabled and you will be charged a $40.00 service fee.

17. As a subscriber to Compu-Ad Internet Services & Got-Internet.com's services, you are not permitted to use your Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.

18. With respect to dial-up accounts, Compu-Ad Internet Services & Got-Internet.com's usernames are limited to one dial-in at a time. Multiple concurrent dial-ins using the same username are not permitted. This limitation does not apply to email or any other aspect of your account. Abuse and violation of the rules may result in termination without refund.



19. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not defined as dedicated accounts. Compu-Ad Internet Services & Got-Internet.com reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time (approximately in excess of 150 hours per month). Currently, users are disconnected after approximately 20 minutes of inactivity or after approximately 6 hours of continual use. These parameters may be changed at any time at Compu-Ad Internet Services & Got-Internet.com's discretion. The purchase of a dedicated line is available to any of Compu-Ad Internet Services & Got-Internet.com's customers.

20. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy will result in the immediate termination of your account.

21. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. Compu-Ad Internet Services & Got-Internet.com reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by Compu-Ad Internet Services & Got-Internet.com. A violation of this policy will result in the immediate termination of your account.

22. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.

23. You shall be held liable for any and all costs incurred by Compu-Ad Internet Services & Got-Internet.com as a result of your violation of these terms and conditions. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Compu-Ad Internet Services & Got-Internet.com's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.

24. You are not permitted to resell or redistribute the Internet connection to other parties.

25. In the event you want to cancel the Service, you must notify Compu-Ad Internet Services & Got-Internet.com in writing thirty (30) days prior to such cancellation. This notice must either be faxed or mailed to Compu-Ad Internet Services & Got-Internet.com or otherwise delivered in accordance with Compu-Ad Internet Services & Got-Internet.com’s policies.

Account TerminationCompu-Ad Information Network reserves the right to terminate your account with or without notice.  In the event that you fail to notify us of your intent to terminate your account with adequate notice, you will become responsible for the next months charges, and a termination fee.

 

Although we make every effort to provide our service to you with 100% local access.  You agree to hold Compu-Ad Information Network harmless for any charges you may receive from telephone companies or long distance telephone companies.

 

Account Usage *Limits – Each individual account is limited to 150 hours per month.  Your access may be flagged and/or suspended if you exceed this amount.   Our dial up accounts are for dial up access, and are not intended for constant connectivity.

 

Pre-Paid accounts that are terminated are non-refundable.  Pre-Paid Accounts that are terminated at our request, are subject to regular rates for the entire duration of the term used.  And a pre-paid account termination charge at our discretion.  No refunds will be made for any reason for pre-paid accounts.

 

You further agree that the use of any other service to make such a mailing or posting, with any reference to Compu-Ad Information Network services (including but not limited to mailboxes, mail relaying, autoresponders, and Web pages), shall be grounds for account termination as described above.

You agree that we have the right and responsibility to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you.

You agree to supply a current and truthful name, postal address, and telephone number for our records. Compu-Ad Information Network agrees not to sell or donate its mailing list to any other company, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.

You agree to supply appropriate payment for the services received from Compu-Ad Information Network, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that if you are paying by credit card, Compu-Ad Information Network may apply the amount due to the provided card at any time, and you agree to provide Compu-Ad Information Network  with current credit card information at all times.  If your credit card expires or is not valid, you agree to notify a minimum of ten days prior to the current month end. Compu-Ad Information Network does not provide any type of refunds.  We do not pro-rate new customers and do not provide refunds of any kind.   In the event that your account is terminated or suspended due to non-payment of account, you will be subject to a $15.00 non-refundable setup fee to reactivate your account.  Also, In the event of a returned check/ refused check from our bank due to Non-Sufficient Funds, You agree to pay a $25.00 NSF fee, and you also may be subject to a $15.00 non refundable setup fee to reinstate your account.

 

If we receive a chargeback for any credit card customer, that account will be subject to a reconnect fee, and a $40 chargeback fee.  We reserve the right to charge a nominal late fee for any accounts that are past due.  We reserve the right to charge a termination fee if you fail to terminate your account properly and we terminate your account for any reason.

This contract supersedes any written, electronic, or oral communication you may have had with Compu-Ad Information Network or any representative thereof, and constitutes the complete and total agreement between the parties.

Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Compu-Ad Information Network, at our discretion. Criminal or civil prosecution may result in extreme cases.

 

 

You may not, however setup a Chat Server, Autosponder, Responder, AutoBot, ChatBot, JOXbot or similar Interactive Web application.

 

Interactive Web applications, of the specific type commonly known as "chat", are not allowed on Compu-Ad Information Network servers. For the purposes of this policy, a "chat" system is defined as a Web site or portion thereof that encourages visitors to post messages that are immediately viewable by other users, in order to engage in "real-time" conversation with other visitors at the same site.

 

The Web model is supremely unsuited to this type of application, and the impact on servers is immense.

We recommend the use of a system such as Internet Relay Chat (IRC) for these applications. IRC is designed expressly for this purpose.

 

 

We reserve the right to purge any E-mail not retrieved from our system after 15 days of receipt by the Compu-Ad Information Network.  Also we reserve the right to purge any E-mail over your megabyte limit, per your account status or when the system reaches a 90% capacity or higher at our discretion. We also reserve the right to purge any and all E-mail that has been retrieved at any time at our discretion.  We reserve the right to purge any and all e-mail when your account has been suspended or terminated at our discretion.  We reserve the right to purge any e-mail sent

to you that is corrupt or may cause errors to our system or yours at our discretion.

 

Consumer rate varies depending on your account type.

 (Payment accepted via Billing Cycle - Mail, Additional Charge may apply), We prefer payment from your Credit Card - Discover/Visa/Master Card)

·         Flat monthly rate

·         Up to 150 hours of  Attended Use per month per dial up account

·         No prime time fees

·         No restricted Time Of Day

·         No per hour fee.

·         Some areas you visit may require special membership - this is between you and them

 

 

What does Attended use mean

·         It is for Consumer or Business Attended use

·         You will not leave the keyboard UN-attended except during a FTP download

·         You will not be running a BBS, CHAT, FTP or Web Server

·         It does not mean 24 hours a day

·         It is not for resale to other users

·         It is not to have a home server, publishing web pages

·         It is not to produce Chat (IRC) server

·         It is to talk on a Chat server

·         You can use the account any time of day, any day of the week

·         You can send all the legal email you wish See specifications above (*25 per email limit.  No Spaming)

·         If you receive lots of e-mail, try and read it offline

·         You can download software

·         During prime time or if the system reaches 90 percent capacity we will limit usage. 

 

Payment due dates are cycled every 30 days, In general consumer billing cycles begin on the 1st of each month, and are due and payable prior to the 20th of that month for the next months access. We bill in advance of your access month.  Accounts become late effective the 20th of each month, and may be assessed a late fee anytime thereafter.  We reserve the right to terminate your account with or without notice to you for non-payment. Setup up fees are non refundable.  Late fees are assessed on the 20th of each month at our discretion, and are $5.00 per dial up account, and $15.00 per website.  Late fees are in addition to your regular monthly amounts.  In the event of any subscriber failing to pay fees that are owed to Compu-Ad Information Network, The subscriber agrees to pay all collection costs, and any court fees associated with collecting this debt. that are applicable.

 

Other Information

This is our account Customer Policy. It is fairly standard legalese. Although it may sound harsh, rest assured that we have nothing but good intentions towards our customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.

Please note that the contract can not be modified, without express written consent from the owners of Compu-Ad Information Network.

 

 

 

Windows is a registered trademark of the Microsoft Corporation.  Other names are trademarks or service marks of their respective holders.  The Compu-Ad Navigator Internet Software programs and their inclusive clients and programs are licensed for distribution through Santronics Software.

 

©2002  Compu-Ad Information Network, All rights reserved.                          Rev. 11/02