USE OF WHIZ TO COHO, INC SERVICES CONSTITUTES ACCEPTANCE OF THIS SERVICE AGREEMENT, CONSISTING OF PART 1, ACCEPTABLE USE POLICY AND PART 2, TERMS AND CONDITIONS.
Whiz to Coho, Inc’s Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Whiz to Coho, Inc Internet services ("Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to Whiz to Coho, Inc Services ("Members") - must comply with this AUP.
Our broadband accounts are for reasonable use of unmetered bandwidth. Unmetered means that you are charged a flat rate which is not determined by the amount of bandwidth used; however, it does not mean unlimited bandwidth. Monthly bandwidth limits are listed with information about the various packages. Broadband speed varies depending on service location, phone line/wireless signal quality, computer performance/configuration, internet congestion and other factors; specific speeds are not guaranteed. No web hosting or peer-to-peer file sharing is allowed on wireless accounts. Internet connection sharing within your own house is fine; however, you are responsible for securing your network so that no one outside your home can access your internet connection. For more info on wireless policies, view our wireless service agreement and service call policy document.
We support the free flow of information and ideas over the Internet and do not actively monitor use of our Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through our Services, except for certain proprietary websites. However, in accordance with our Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Whiz to Coho, Inc may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to our Services and/or your Whiz to Coho, Inc account or other actions.
2. Violation of Whiz to Coho, Inc’s Acceptable Use Policy
Members, Visitors or Users may not utilize Whiz to Coho, Inc Services to conduct any activities which Whiz to Coho, Inc determines are injurious to its customers, operations, or reputation or are in violation of it’s Acceptable Use Policy. The following constitute violations of this AUP:
a) Commercial or High Volume Use. Utilizing a personal Whiz to Coho, Inc account for high volume of traffic or commercial purposes. Commercial use is defined as the selling of products or services, solicitations for business and/or exchange of funds or bartering. Accounts with business domain names or domain names registered to businesses (for profit or non-profit) are considered commercial. If you would like to provide high volume or commercial services, please contact Whiz to Coho, Inc for information.
Commercial or High Volume activities prohibited include, but are not limited to:
· Hosting web sites which are commercial, while paying for a personal account. Users who are found to be attempting to use a residental account for business purposes are subject to immediate termination of Services without refund and/or of having their account switched to a commercial account type (this activity is considered authorization to change your account to a commercial account)
· Email left on the mail server longer than 60 days will be considered expired and may be automatically removed.
b) Illegal Use. Utilizing Whiz to Coho, Inc Services for illegal purposes or in support of illegal activities. Using Whiz to Coho, Inc Services to transmit material that, intentionally or unintentionally, violates any applicable local, state, national or international law. Whiz to Coho, Inc reserves the right to cooperate with legal authorities and/or injured parties in the investigation of any suspected crime or civil wrongdoing.
c) Copyright Infringement. Unauthorized copying or usage of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, copyrighted software [including this Internet site], MP3s, or any other legally protected information resource accessible through this Service. Peer-to-peer file sharing of copy-righted material such as music and movies is not legal and we do not condone it.
d) Threats, Harassment and Abuse. Threatening or encouraging bodily harm or property damage to individuals or groups, or transmitting materials that harass another. Accounts of those using foul or abusive language to Whiz to Coho, Inc staff will be subject to immediate termination.
e) Fraudulent Activity. Making fraudulent offers of products, items, or services or advancing any type of financial scam such as “Ponzi schemes”, “pyramid schemes” or “chain letters”.
f) Viruses. Distributing any computer viruses to, through, or from Whiz to Coho, Inc systems.
g) Unsolicited/bulk email. Posting or transmitting unsolicited bulk email messages (“mail-bombing”) or newsgroup messages (“news-bombing”) to a Whiz to Coho, Inc customer or through any Whiz to Coho, Inc server. “Mail-bombing” constitutes sending more than ten (10) similar mail messages to the same email address or sending excessively large emails, perhaps including attachments. “News bombing” constitutes sending more than 10MB of data to a newsgroup.
Using a Whiz to Coho, Inc server connection to send unsolicited bulk email, “mail bombs” or “news bombs” through any other SMTP server is similarly prohibited. Violators are subject to immediate termination of Services. If you send Unsolicited Bulk Mail/Spam, there will be a charge of $500.00 plus $1.00 per message sent plus $10.00 per complaint received plus you will have your account terminated.
h) Bots, servers and keep-alive programs. Running ANY kind of bot or automated script is strictly prohibited. This includes using PING, "keep alive" programs, scripts, bots and automated email checking programs to maintain a connection. Bot is short for Robot. A Bot is typically a program that runs on a computer 24 hours a day, 7 days a week automating mundane tasks for the owner. Bots are used in Internet Relay Chat (“IRC”) and World Wide Web (“WWW”) search engines. IRC Bots are programs that connect to the Internet and interact with the Internet in very much the same way as a normal User does (in fact, IRC servers treat Bots as regular Users). Most IRC bots are used for channel control. Bots have also been called automatons. In WWW searching, bots are also called spiders and crawlers. They explore the WWW by retrieving a document and following all the hyperlinks in it. They then generate catalogs that can be accessed by search engines. Use of Bots of any kind is not permitted on Whiz to Coho, Inc’s computers, nor is utilizing your account for the purpose of operating a server of any type.
i) Fraudulent IP Addresses. Attempting to use an IP address other than the IP address you have been assigned (whether you were assigned that address by manual or electronic means). You are subject to immediate account termination without refund, as this is considered a fraudulent act.
j) Unauthorized Access. Attempting to unlawfully access the accounts of others, or attempting to penetrate beyond security measures of Whiz to Coho, Inc servers or other information systems whether or not the intrusion results in corruption or loss of data. Any Users who attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on Whiz to Coho, Inc’s equipment or on any computer system or network that is accessed by our Services, are subject to account termination and denial of Services.
k) Multiple Modems/Users. Allowing your account to use more than one modem at a time. Having your account be in use by more than one person at a time (i.e being connected to your account while having another User connect to it via modem or telnet).
l) Forgery and Impersonation. Forging (adding, removing or modifying) any message header, in part or whole, of any electronic transmission, originating from, passing through, or whose destination is Whiz to Coho, Inc Services, or employing any other methods in connection with the transmission of email used to disguise or mislead any user name or the source or quantity of transmissions.
Impersonating another User or otherwise falsifying your user name in email, IRC or with any other Internet service. The only exceptions to this are when using deliberately misleading headers in newsgroups to avoid spam email address collectors (please be sure you are using an address that really does not and cannot exist) and aliases (nicknames) in IRC.
m) Password Disclosure. Revealing your account password to others or allowing others to use your account (other than authorized Users in your household). At no time can there be simultaneous use of the same user name and password combination.
n) Collection of Personal Data. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
o) Dedicated Access. Whiz to Coho, Inc defines "Dedicated Access" as maintaining a constant connection for a period of time exceeding that of reasonable personal use and/or maintaining a connection while you are not using your computer. Users who are found to be attempting to use "Dedicated Access" are subject to immediate termination of Services, or having monthly limits applied, or having their account switched to a dedicated account type (this activity is considered authorization to change your account to a dedicated account).
p) News. Cross-posting advertisements for products, items, or services to two (2) or more unrelated USENET newsgroups. Posting articles to any USENET or other news group, mailing list, or similar forum that is off-topic according to the charter or other public statement of the forum. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings. Posting binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).
q) Network Disruptions and Unfriendly Activity. Using Whiz to Coho, Inc Services for any activity that adversely affects the ability of other people to use Whiz to Coho, Inc Services or the Internet. This includes implementing unauthorized installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
r) Reselling Whiz to Coho, Inc Services. Reselling or attempting to resell Whiz to Coho, Inc Services without Whiz to Coho, Inc’s express authorization. This is considered theft of Services and includes, but is not limited to, selling bandwidth which has been purchased for personal use, selling internet access or email accounts, and selling web space on Whiz to Coho servers.
s) Channeling. Engaging in any of the above activities using the service of another provider while channeling such activities through a Whiz to Coho, Inc account or re-mailer, or using a Whiz to Coho, Inc account as a mail drop for responses. Whiz to Coho, Inc Members may not relay e-mail through any third-party systems without authority.
3. Reporting and Taking Action Against Violations
Whiz to Coho, Inc requests that anyone who believes that there is a violation of this AUP to immediately email us email@example.com .
If available, please provide the following information:
· The IP address used to commit the alleged violation;
· The date and time of the alleged violation, including the time zone or offset from GMT;
· Evidence of the alleged violation.
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
Whiz to Coho, Inc may take any one or more of the following actions in response to complaints:
· Issue warnings: written or verbal;
· Suspend the Member's newsgroup posting privileges;
· Suspend the Member's account;
· Terminate the Member's account;
· Bill the Member for administrative costs and/or reactivation charges;
· Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Whiz to Coho, Inc reserves the right to immediately terminate the account, without refund, of any Member in violation of this Acceptable Use Policy, or any Member who we see as a risk to the health and well-being of our system and our other Users.
Users who commit any of the infractions delineated in this Service Agreement are also responsible for the cost of labor to respond to complaints and remove or cure any problems resulting from such infractions including without limit the removal of unauthorized data incurred by Whiz to Coho, Inc. Users who commit these infractions are liable for damages (physical, electronic, or otherwise), whether they are direct, indirect, or consequential results of the acts of the User.
Any and all decisions of Whiz to Coho, Inc staff are final.
PART II: TERMS AND CONDITIONS
Whiz to Coho, Inc (Whiz to Coho, Inc”) provides its Internet services (“Whiz to Coho, Inc Services” or "Services") to all end users who access or use, directly or indirectly, some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to Whiz to Coho, Inc Services ("Members"). Users (“Users”) may be Members, Visitors, or any other individuals using (directly or indirectly) any Internet services provided by any Internet service provider. By using Whiz to Coho, Inc Services or by establishing an account, you agree to be bound by this Service Agreement (“Agreement”) and to use our Services in compliance with this Agreement and any other user policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use our Services, and if you are a current Member, you must
Charges are due and billed automatically and will include all fees due for monthly or annual accounts at that time. All service fees shall be paid in advance for the upcoming usage period, as per your contract type.
a) Members must (i) provide Whiz to Coho, Inc with accurate and complete billing information including (but not limited to) valid email address, legal name, address, telephone number, and credit card/billing information, and (ii) report to Whiz to Coho, Inc all changes to this information within thirty (30) days of the change. Members are responsible for all charges to their account.
b) Members having questions regarding charges to an account should contact Whiz to Coho, Inc at (503) 647-5957. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
c) Charges are billed to Members' credit cards or debit cards, or invoiced for payment by check, as applicable, each month for the basic Service and any additional usage or Services. Whiz to Coho, Inc is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Whiz to Coho, Inc.
If your credit card charge for Whiz to Coho, Inc Services is declined, then your account is in default. Payments declined (NSF, over-limit, account closed, invalid account number, etc.) incur a $20 returned item fee. If payment is not received (within 3 days) your account will be deactivated. Such interruption does not relieve you from paying past due charges.
d) Technical support is not provided to customers whose accounts are past due.
e) If you purchase Whiz to Coho, Inc Services through a reseller who in turns pays Whiz to Coho, Inc, the reseller must pay all amounts owing for your account. If the reseller fails to pay Whiz to Coho, Inc any amounts due - whether or not you have paid the reseller - your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
f) Automatic billing applies to customers not using a prepayment plan.
g) Delinquent accounts may be suspended or canceled at Whiz to Coho, Inc’s sole discretion; however, charges will continue to accrue until the account is canceled. Whiz to Coho, Inc will bill an additional charge of $10.00 to reactivate a suspended account. Service will not be resumed until all charges have been paid in full, including the reactivation fee. All payments should be mailed to:
Whiz to Coho, Inc
12800 NW Bishop Road
Hillsboro, OR 97124
Members receive (or choose) a user name, password and account designation upon registration. You and members of your household (or business, if you have purchased a business account) are the only authorized Users of your Whiz to Coho, Inc account and must comply with this Agreement. You must keep your password confidential so that no one else may access Whiz to Coho, Inc Services through your account.
You must notify Whiz to Coho, Inc immediately upon discovering any unauthorized use of your account, and/or any breach, or attempted breach, of security known to you. You are responsible for ensuring that your computer(s) and/or network(s) is/are configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate activities.
Whiz to Coho, Inc takes no responsibility for the security of the communications transmitted over Whiz to Coho, Inc facilities.
Usernames, passwords, email addresses, and accounts are the property of Whiz to Coho, Inc and Whiz to Coho, Inc may alter or replace them at any time.
4. Server Co-location
Whiz to Coho, Inc will not be held liable for loss or damage (direct, consequential, or otherwise) of hardware, software, or data, relating to co-location. Co-location customers are being leased space, power, and network access only. Whiz to Coho, Inc does not guarantee 100% power or network uptime for co-location customers. Whiz to Coho, Inc employees may need access to the hardware and/or software of any co-location computer or other co-location hardware, and by signing up for a co-location account you agree to allow Whiz to Coho, Inc and its employees, associates, representatives, and personnel access as necessary. Whiz to Coho, Inc has the final authority of what content may (or must) be allowed on co-location equipment.
The co-location room is available to co-location customers from 9am-5pm. There is an emergency pager number for after-hours access which can be arranged with Whiz to Coho, Inc staff. The co-location door is locked from the outside, prohibiting unescorted access.
Whiz to Coho, Inc does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you, your family, or other members of your entity. Whiz to Coho, Inc has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or the Internet.
The Services are provided on an "as is" and "as available" basis. Whiz to Coho, Inc does not warrant that the Services will be uninterrupted, error-free or free of viruses, or other harmful components. Whiz to Coho, Inc makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding any merchandise, information or Service provided through Whiz to Coho, Inc or the Internet generally. No advice or information given by Whiz to Coho, Inc or its representatives shall create a warranty. Whiz to Coho, Inc and it employees are not liable for any costs or damages arising directly or indirectly from your use of the Services or the Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, Whiz to Coho, Inc’s cumulative liability to any member for any and all claims relating to the use of the Services shall not exceed the total amount of service fees paid during a one-year period.
6. Account Termination
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Whiz to Coho, Inc by:
· Filling in the on-line cancellation form at www.coho.net; or
· Calling us at 503-647-5957; or
· Faxing us a written request to terminate your account at (503) 214-5490; or
· Emailing us a written request to firstname.lastname@example.org; or
· Sending us a written request, addressed to:
Whiz to Coho, Inc
12800 NW Bishop Road
Hillsboro, OR 97124
Upon receipt of your termination notice your account will expire effective the last day of the current period’s billing cycle. If you wish to terminate your account, you must provide notice of intent to terminate at least (5) business days before the end of your billing cycle. If you fail to do so, you will be liable for payment for Services for the following billing cycle.
For month-to-month accounts, Service for the next period’s billing cycle is automatically charged to the on-file credit card. You will be responsible for any charges incurred on your account.
If you have a prepaid contract and terminate you account before the contract’s expiration date, you will be refunded monies as follows: you will be reimbursed for the unused portion (months) of the contract excluding any and all set-up fees (either paid or waved upon sign-up) and excluding the regular (month-to-month) price for the retained Service, times the portion (months) you utilized the Service. Refunds are available of full months of Service only.
Please note that it may take up to three (3) weeks for a credit or refund to be posted.
Whiz to Coho, Inc is aware of parental concerns regarding their children’s use of the Internet. For this purpose we have created a “Concerned Parents Page” with useful links to sites offering content control software and other advice for parents who are worried about inappropriate materials reaching their children’s possession. Nevertheless, we firmly believe in and adhere to our position statement regarding censorship, posted below.
Whiz to Coho, Inc is not in the censorship business. Freedom of speech is a fundamental right of every individual, and Whiz to Coho, Inc cannot pass judgement on what may or may not be obscene or immoral. We believe this responsibility rests with individuals and with the parents of minors who subscribe to our Service.
Whiz to Coho, Inc does not allow illegal content on any servers. Our servers are monitored closely, and any Whiz to Coho, Inc Member or domain owner who posts any illegal content will be immediately disconnected. Anyone who attempts to use our network for illegal activities will be prosecuted to the fullest extent of the law, and Whiz to Coho, Inc cooperates fully with law enforcement agencies to assure compliance with legal guidelines.
8. Term of Agreement
Use or continued use of Whiz to Coho, Inc Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with any Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using Whiz to Coho, Inc Services and, if you are a Member, to terminate your account as provided in Section 6.
9. Privacy Statement
Under no circumstances do we sell (or otherwise supply) mailing lists or otherwise distribute private information, including email addresses to outside companies or organizations.
10. System Security
Whiz to Coho, Inc is not liable for the security of your computer. We do not provide a proxy or firewall service to our customers. The intent is to allow our Members full use of the Internet. We recommend use of a firewall product to any our customers who have dedicated or high-speed connections to us
Data stored on Whiz to Coho, Inc's servers (permanently or temporarily) is not the responsibility of Whiz to Coho, Inc. While backups are performed, keeping backups of User/Member/Visitor data is the responsibility of that person/entity.
Whiz to Coho, Inc may revise, amend, or modify this Service Agreement, consisting of Part 1, Terms and Conditions, and Part 2, Acceptable Use Policy, and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective immediately after Whiz to Coho, Inc posts revisions to Whiz to Coho, Inc ’s web sites (http://www.coho.net or http://www.whiz.to).
The federal and state courts located in Oregon alone have jurisdiction over all disputes arising out of or related to this Agreement and Whiz to Coho, Inc Services. You consent to the personal jurisdiction of such courts sitting in Oregon with respect to such matters or otherwise between you and Whiz to Coho, Inc , and waive your rights to removal or consent to removal.