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Acceptable Use Policy - Terms and Conditions


ACD.net is an interactive online service provider for internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of ACD Internet. Subscriber henceforth agrees to compliance with all terms of service. THIS POLICY APPLIES TO ACD AND ACD TELECOM INC. THIS POLICY REPLACES AND OVERRIDES ANY PREVIOUS POLICIES OFFERED BY ACD.NET, ACD TELECOM, Quantum Connections or QTM.net, IA4U.NET, TECHNET, OR SOJOURN SYSTEMS, LTD. This policy applies current and prospective customers where applicable. "Person" refers to either a company or an individual, where applicable.

User Agreement:

ACD.net strives to protect network resources and preserve the privacy and security of our customers while recognizing our position in the Internet community as a whole. By becoming a subscriber to ACD you agree to this Acceptable Use Policy. You agree to indemnify and hold harmless ACD from any claims resulting from your conduct and/or use of the service which damages you or another party. If you are dissatisfied with your service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service by canceling your account by contacting ACD at 517.333.0998 or toll-free at 877.422.3638. Accounts left active will be billed accordingly.

ACD.net will make all possible efforts to maintain our network and deliver the best quality service, and does not take responsibility for Acts Of God or other circumstances outside of our direct control (phone company issues, backbone provider issues, or customer hardware/software issues).

ACD.net service is provided on an "as is" and "as available" basis. ACD does not warrant that the service will be error-free or that any information, software, or other material accessible via the internet will be free of viruses, worms, trojan horses, or other harmful components. ACD does not guarantee the quality and reliability of networks outside of our direct control. ACD is not responsible for the performance of any services provided by organizations outside of ACD.net, including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by ACD.net, and the operation or reliability of any Internet server or computer not owned or operated by ACD. This provision will survive termination of service with ACD.

ACD.net is not responsible for long distance and/or toll charges or any other charges incurred when using our dial-up numbers; the customer must check with their local telephone service provider to ensure that calling any of our access numbers is a local call.

ACD.net makes no expressed or implied warranties or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information, or service provided through ACD or on the internet generally. No advice or information given by ACD.net, its employees, affiliates or contractors shall create a warranty. This provision will survive termination of service with ACD.

Under no circumstances shall ACD.net, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any:

  • Use of your account or the service or your inability to use the service Access of the internet or any part thereof Your reliance on or use of information, services, or merchandise provided on or through the service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. ACD. failure to enforce strict performance of any provision of this Policy shall not be construed as a waiver.
  • Any conduct that violates the law, regulations, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. ACD reserves the right at all times to prohibit activities that damage our commercial reputation and goodwill or that of our customers and users.
This provision will survive termination of service with ACD.

DIALUP ACCOUNT LIMITATIONS
Standard ACD accounts are limited to one PPP login per account at any given time.

ACD.net advertises unlimited use dial-up accounts. "Unlimited use" does not imply a connection that is kept open 24-hours a day. Unlimited Use is defined as the amount of time the average individual can be active online in a given day. Currently, this is considered to be an average of 8-10 hours per day. Repeated use above this time could result in additional hourly charges. As a subscriber to ACD you acknowledge that your service is intended for periodic, active use of email, newsgroups, file transfers, online chat, online games, and browsing the World Wide Web. You also agree not to use your service in a non-active or standby basis in order to maintain a connection. ACD retains the right to terminate any connection following an extended period of inactivity. Accounts are available for such a connection on a different billing plan.

Multiple or simultaneous log-ins are not permitted, nor are connections using proxy servers or other shared-access devices. ACD dial-up accounts are for one computer, one connection. Use of proxy servers, software, or other shared-access devices (including Windows 98 SE's Internet Connection Sharing) with standard dial-up accounts is strictly prohibited. Accounts are available for such situations on a different billing plan. Multiple or simultaneous logins, as well as connections that are held open for eight (8) hours by automated methods or server software in violation of this agreement,  will constitute forfeiture of the account and your account will be terminated. 

EMAIL LIMITATIONS
ACD is dedicated to an ongoing effort to protect you, the customer and the ACD network from spam, e-mail viruses, and other unwanted e-mails. Therefore, we impose a limit on the number of outgoing e-mail that you can send per day from the ACD outbound e-mail servers. This limit will have no effect on web access or on the ability to download and read e-mail. This reduces spam and increases the safety of the network.

Currently, an ACD customer can send e-mail to 300 recipients per hour per IP on the outbound e-mail servers. Once a user has reached the limit, their e-mail will be refused by the e-mail server for the next hour. Since the average user sends mail to less than 50 recipients per day, most customers will never be aware of the limit. However, many are surprised by the limit since they know they are not sending e-mail to more than 300 recipients per hour. In many cases these customers have a virus on their computer which causes their computer to send spam. Typically, infected customers are unaware that their computer is being used in this way.

Business customers who would like to send more than 300 emails per hour using our mail servers will need to obtain special permission and/or utilize our domain services.

LAWFUL USE
ACD.net service is provided for use in strict accordance with all federal, state and local laws, ordinances and regulations. Use of ACD service to assist any other person or entity to violate any federal, state or local laws, ordinances or regulations is prohibited. Such activities may include but are not limited to: transmittal of any material that violates any applicable local, state or federal law (such as copyrighted material), intentionally spreading computer viruses, gaining or attempting to gain unauthorized access to any network, or conducting or participating in illegal gambling. 

ACD.net service is not to be used in any manner that infringes upon the rights of any third party, including but not limited to intellectual property rights or publicity rights (e.g., the unauthorized reproduction, distribution or misappropriation of copyrighted material, such as downloading software, music and video files or audio sounds and video images), threatening the physical or mental safety of another individual or group of individuals, or blackmail. ACD service is not to be used to invade the privacy of any third parties, for example gathering electronic mail addresses, passwords, or other personal contact information without their express consent. 

ACD. Network Abuse Policy is Posted Here.

COMMERCIAL USE
ACD residential dial-ups and residential DSL connections are provided for just that: residential use. Residential service may not be used for commercial purposes without the express written consent of ACD. This includes operation of commercial web, email or ftp servers, or to operate other commercial services.

MONITORING OF CONTENT and/or MALICIOUS USE
ACD.net does not routinely monitor service to examine content transmitted through it or stored by users on it. However if ACD is made aware of content that in ACD. sole discretion violates this Acceptable Use Policy, our Network Abuse Policy, local, state, or federal laws, ACD has the right, but not the obligation, to monitor traffic, and/or to edit, remove, or deny access to such content. ACD also may elect to block incoming and/or outgoing content that it believes, in its sole discretion, constitutes an unsolicited electronic mail message (SPAM), chain letter, virus, Trojan horse, or other content that threatens ACD. customers, service, and/or equipment.

When necessary to properly operate ACD service, to protect ACD. rights or the rights of third parties, or as may be required by law, regulation, government agency or court order, ACD may electronically monitor the ACD service. ACD may disclose content or records concerning your account as required to satisfy any law, regulation, government request or court order. 

Subscribers agree to make reasonable efforts to respond to any request by a government agency, copyright holder or its agents, or industry association regarding alleged violations of federal, state, or local laws.

Denial-of-Service attacks, pinging, flooding, attempts to breach authentication or security measures, or any unauthorized attempts to gain access to any other account, host, or network--including the use of port scanners--is prohibited.

Using any account or server to send unsolicited e-mail messages, or SPAM (commercial or otherwise), or to collect the responses from unsolicited e-mail messages, is prohibited.

Using accounts with other providers or networks to send unsolicited e-mail messages promoting a web site or domain hosted by ACD is strictly prohibited.

ACD.net reserves the right to make the determination whether a given message violates the newsgroup of mailing list charter. In most cases we will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of the newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.

Conduct in connection with e-mail, IRC, Usenet news, etc., that is an obvious nuisance (such as mail bombing and other denial-of-service attacks) or that would be unlawful in other contexts (such as threats, harassment, defamation, or software piracy) is prohibited.

Falsifying addressing information or otherwise modifying message headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Acceptable Use Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous re-mailers for any legitimate purpose.

TECHNICAL SUPPORT
ACD.net offers free technical support to assist customers with the setup and configuration of ACD Internet accounts. Phone based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. 

Phone based support is not to be used for questions regarding setting up or writing html pages, nor is it to be used for assistance on how to use any operating system, including (but not exclusive to) Windows, MacOS, or Unix.

CREDIT CARD BILLING
ACD.net subscribers who elect to have their monthly service(s) billed automatically to their credit card are billed for the full monthly service on startup. Your credit card will be billed on the first of each month if your service was setup to be prorated at inception. All other accounts will have their credit card charged on or about the fifteen of each month that service becomes due, regardless of the day in the month the service expires.

CANCELLATION POLICY
ACD.net offers a 30-day money back guarantee on dialup accounts. A full refund is available to any customer who is not able to get connected to the Internet or is not completely satisfied with ACD. service and cancels within their first 30 days of service and first 10 hours of on-line use. (Customers with contract agreements may not be eligible for this money-back guarantee.)

If you are a dialup customer you must call our Customer Service department at 1-877-422-3638 or 517-999-9999 between the hours of 6:00am and Midnight (Eastern) Monday through Friday or make your request in writing.

Customers who cancel after more than 30 days of service will not receive a refund. Customers who choose quarterly, semi-annual or annual billing and cancel before the end of their pre-paid time will not receive credit for unused services. Customers who cancel prior to the service start dates will be responsible for any costs associated with service.

For all non-dialup accounts, if not otherwise stated in your contract terms, a minimum of at least 30-days written notice is required for all cancellations. All non-dialup accounts will be billed through the end of the following billing cycle in which the 30-day written notice was received.

CHANGES IN SERVICE PLAN
Changing of service on accounts will not be credited retroactively. Accounts will be rounded up to the end of the billing interval, and time spent using the old service will be calculated using the standard monthly rate of that service, not the discounted rate, with the remainder applied to the new service.

Refunds for accounts closed due to a direct violation of ACD. Acceptable Use Policy will only be if the customer makes a request for refund in writing and will be granted at the discretion of ACD.net

RETURNED CHECKS
At any time a check for payment for services is returned due to insufficient funds, an E-mail will be sent to the account in question indicating that the account holder will be given five (5) days to clear the problem through the ACD.net Accounting Department. There will also be a $25.00 service charge in addition to the amount specified on the returned check which will be payable if the account holder requests the account re-opened.

PRIVACY POLICY
The e-mail addresses of subscribers are not for sale or commercial distribution. They are not available to third parties without the express prior consent of the subscriber. ACD will not share or disclose your personal information except: (A) when required by law or legal process, (B) in emergencies where someone's safety is at risk, (C) when in our sole discretion believe it reasonably necessary to protect ACD. rights or property or (D) when a member is violating ACD. Acceptable Use Policy and disclosure is required.

Using facilities to engage in activities that violate the Terms of Service of any other network access provider is prohibited. For example, sending unsolicited commercial e-mail through our facilities to the subscribers of any Internet online service provider that disallows unsolicited commercial e-mail is prohibited.

This policy does not apply to third party web sites, newsgroups and other public forums linked directly to ACD. site or its customers. ACD is not responsible for the privacy practices, content or use of private information obtained by any third parties. We strongly urge our customers to use caution when deciding to disclose private information to third party sites or public forums. Be sure to review the privacy policy of any third party site before disclosing any private information and contact them directly if you have any questions.

Violation of this Acceptable Use Policy by a customer may result in temporary suspension or permanent termination of service, at the sole discretion of ACD.

COLLOCATION BANDWIDTH
Bandwidth on collocation are calculated using the 95th percentile rule calculated monthly. Any overages will be billed at the then going per Mbps rate multiplied by the calculated monthly, less the commit. Please call for current rates.

BILLING DISPUTES
In case of any billing disputes, you must notify, in writing, the Billing Department no later than 30 days after the date the alleged billing error first arose, whether on invoice or a charge against your credit/debit card. Failure to do so will waive your right to further contest of the charge(s).

LAW & FORUM:
All contracts & transactions between ACD and purchaser and/or user shall be governed by and constructed in accordance with the laws of Michigan and the parties hereto shall submit to the jurisdiction of the Michigan courts. In addition, any controversy or claim, whether occurring under contract or common law, will be settled by arbitration/mediation in the county of Ingham in the state of Michigan, by an arbitrator/mediator in accordance with the procedure set forth in the commercial rules of the American Arbitration Association. Any liabilty

Limitation of Liability: NEITHER ACD NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES OR SUPPLIERS SHALL BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACD liability for all claims of any kind arising out of or related to this Agreement, whether based on contract, tort, including without limitation, strict liability and negligence, warranty or on any other legal or equitable principles shall be limited to strict money damages and shall not exceed in the aggregate, fees paid by Customer to ACD during the one (1) month period immediately preceding the event given rise to liability. ACD may disclose user information if required by a governmental agency, or by operation of law, or, if necessary, in any proceeding to establish rights or obligations under this Agreement.

ACD.net reserves the right to modify any provision of this Acceptable Use Policy at any time without notice.

Violation of this Acceptable Use Policy and/or our Network Abuse Policy may result in temporary suspension or permanent termination of service(s), at the sole discretion of ACD.

Questions regarding acceptable use of ACD should made in writing to ACD.net, Attn: Legal, 1800 N Grand River Ave, Lansing MI 48906