Terms of Service
I. General
Northern Telephone and Data Corporation (henceforth referred to as NTD in this document) offers metered and unmetered (not to be interpreted as unlimited) interactive Internet access and related services, including Web Site hosting. (Refer to Section XII. Webhosting for specifics relating to NTD's webhosting agreement.) Dial-up accounts that use artificial means to remain continuously connected when not interactively in use are prohibited. Therefore, activities such as pinging, automated mail check, maintenance of servers, or any other artificial means to keep an account connected are not considered to be an interactive function and will not be permitted. NTD does not and cannot control the content, quality or accuracy of information available via the Internet. This Terms of Service provides the basic rules which apply to NTD's services and their use. NTD may change this Terms of Service by publishing them online or otherwise at the sole discretion of NTD. By using NTD's services, the subscriber agrees to comply with and be legally bound by the Terms of Service as published online or otherwise. Continued usage of subscriber account after a new term or condition has gone into effect constitutes acceptance of the policy. We encourage subscribers to regularly check the Terms of Service for any changes. Failure to comply with the Terms of Service shall result in action by NTD as deemed appropriate by NTD. If the Terms of Service, NTD's services, or pricing is or becomes unacceptable to the subscriber, said subscriber's only right shall be to terminate their account in accordance with (V.) below. At all times, NTD preserves the right to terminate subscriber's service with five (5) days notice.
II. Lawful Use
All subscribers must be at least 18 years old to register for NTD's Internet Service. NTD's services may only be used for lawful purposes and in a manner which NTD believes, in its sole discretion, to be consistent with the rights of other NTD subscribers and third parties. Content on all NTD hosted Web Sites must comply with federal and state laws and must not infringe upon the rights of any third party. NTD's services shall not be used in a manner which would violate any laws including: infringement of any copyright, trademark, trade secret; infringement of the right of privacy or any other right of any person or entity; or for the purpose of storing material which is obscene, libelous or defamatory. Use and access to other networks through NTD's services must comply with the rules for such other networks. Spamming (the sending of unsolicited mass emails) is not allowed under this Terms of Service and will subject the subscriber's account to termination. Posting inappropriate or off-topic items in Newsgroups is not allowed under this Terms of Service and will subject the subscriber's account to termination.
III. Changes to Service
The services provided by NTD are expected to change from time to time. NTD reserves the right to change any service offered or the features of any service offered without notice, including changes to access and use procedures, such as idle disconnections, and to system hardware and software.
IV. Payment Terms
The subscriber must pay fees per NTD's rate schedule as a condition of obtaining access to NTD's services. Rate changes will be effective when published online or otherwise provided to subscribers. Payment terms of monthly fees are due upon date of account activation and monthly thereafter. Activation fees are not refundable. Delinquent accounts are subject to a 10 day grace period. If payment is not received by the end of the grace period, the account is subject to inactivation. To reactivate, the subscriber must pay the overdue amount, the next month's payment and a $25.00 reactivation fee. If the subscriber wishes to cancel, said subscriber is accountable for the entire month, as monthly charges are not prorated. If payment method is via credit/debit card or automatic check withdrawal and payment is not received by NTD from the card or check issuer or its agents, the subscriber agrees to pay all amounts on demand by NTD. Checks or ACH transactions that are returned for non-sufficient funds are assessed a $25.00 returned check fee. It is the subscriber's responsibility to confirm that their computer dialer is set to the correct POP site. Subscriber acknowledges that local dial-up access numbers may not be available in all areas. It is the subscriber's sole responsibility to determine if use of a particular Northern Telephone and Data Corporation dial-up number will cause them to incur long-distance, toll, or other charges. NTD is not responsible for any long-distance or toll charges incurred by Subscriber's use of NTD's Internet Service. Subscribers are solely responsible for all telecommunications charges including local and long-distance telephone charges for connection to the service by the Subscriber and by those who access the service through the Subscriber's account. NTD is not responsible for any long distance phone charges the subscriber may incur from the use of NTD services.
V. Termination and Suspension
Either the subscriber or NTD may, at its sole discretion, terminate the subscriber's account at any time with or without reason. It is the subscriber's responsibility to contact NTD if the subscriber wishes to discontinue service. Failure to do so may result in the subscriber being responsible for additional charges. NTD also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges are not prorated and prepaid services are non-refundable. Termination or suspension of a subscriber's account does not release liability for charges due. Upon account termination, NTD may delete all data, files or other information stored in the subscriber's account or hosted Web Site. Provisions set forth in sections VI and VII of this Terms of Service survive termination.
VI. Software
As a courtesy to subscribers, NTD has accumulated a library of software, which is "shareware" or "freeware". NTD is not the author of or otherwise responsible for any such software, nor is NTD engaged in the sale or licensing of such software. The subscriber and any other user assumes all risk of any kind with respect to such software. The subscriber is responsible for payment of any licensing fees. No subscriber or user will assert any claim against NTD with respect to any "shareware" or "freeware" obtained through NTD or otherwise.
VII. Warranty; Limitation of Liability
NTD's services are provided on an "as is" and "as available" basis with no warranty of any kind. Under no circumstances is NTD to be held responsible for any indirect, incidental, special or consequential damages arising from the subscriber's use of NTD's service. Reasonable technical support for service-related issues, such as problems sending/receiving email or connection problems, is provided as part of your service. NTD reserves the right to define "reasonable". Technical support beyond "reasonable" bills at prevailing rates. A technician will alert you if your support issue is billable.
VIII. Indemnity
The subscriber agrees to indemnify and hold harmless NTD, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages or expenses (including attorney fees) arising out of or resulting from any and all use of the subscriber's account or the subscriber's Web Site, whether authorized by NTD or the subscriber or not.
IX. Transferability
The subscriber's account is not transferable without NTD's consent. The subscriber agrees to keep confidential their username and password to keep the said account secure from unauthorized users and use.
X. Confidentiality
NTD treats Email messages as private except as outlined in the Electronic Communications Privacy Act of 1986 (ECPA). The ECPA permits NTD limited ability to intercept and/or disclose electronic messages. Subscribers should be aware that electronic messages may be intercepted lawfully or unlawfully outside of NTD's system. NTD cannot guaranty that its system or a subscriber's stored data will be free from unauthorized intrusion or otherwise guaranty the privacy of information for any subscriber.
XI. Interpretation
This Terms of Service supersedes all other written or oral communications or agreements with regard to subject matter, except that a written agreement, specific to a subscriber and signed by an authorized officer or representative of NTD, shall control the terms and conditions of service to be provided to that subscriber. A waiver or any modification to this Terms of Service shall only be valid if in writing and signed by an authorized NTD officer/ representative. This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wisconsin without regard to choice of law principles. Any actions of conduct by NTD should not be interpreted to change or modify any of the written terms or provisions in this service agreement, nor should any such actions or conduct be interpreted as consent or acquiescence to anything other than what is expressly written into this agreement. If any provision is found to be unenforceable or invalid, the remaining provisions shall remain enforceable and valid to the greatest extent permitted by law.
XII. Webhosting Services
All orders are subject to acceptance by NTD. You will receive written confirmation of NTD's acceptance of your order. NTD reserves the right to refuse any order.
You agree to pay all charges up front for the service selected during registration, including all monthly fees, additional product charges and optional charges incurred. You authorize us to automatically charge any amounts due pursuant to the terms of the billing option selected during the registration process.
NTD may change the amount of any charge with thirty (30) days notice to you. Payment for service must be made in U.S. dollars to NTD.
NTD will post any new terms and conditions in the "Terms of Service" section at www.athenet.net and these must be periodically reviewed. Your continued use of the service constitutes acceptance of all changes to the terms and conditions.
NTD will utilize its best performance efforts to maintain acceptable performance of the contracted service, but NTD makes no warranties, express or implied. NTD cannot guarantee continuous service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. NTD will not be liable for the inadvertent disclosure of, or corruption or erasure of data transmitted or received or stored on its system. NTD will not be liable to you for services, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by the fault or negligence of NTD. NTD will not be responsible for your website not being accessible on the Internet due to circumstances not in the direct control of NTD, such as individual Internet user's own equipment capabilities, limitations, Internet Service Provider limitations and /or browser software limitations. In addition, your website will not be displayed while the host server is undergoing maintenance.
NTD may discontinue any service upon (30) days notice to you.
As an Internet Service Provider ("ISP"), NTD offers its subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. NTD also wants its subscribers to be fully informed of their rights and obligations -- and those of NTD -- in connection with their use of the Internet. This Terms of Service policy is intended as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one -- neither NTD, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that NTD cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because NTD cannot monitor and censor the Internet, and will not attempt to do so, NTD cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable or offensive Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that NTD does not review, edit, censor or take responsibility for any information its subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over NTD facilities and may reach a large number of people, including both subscribers and non-subscribers of NTD, subscribers' postings to the Internet may affect other subscribers and may harm NTD's goodwill, business reputation and operations. For these reasons, subscribers violate NTD policy and the Master Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass emailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward NTD, but also because it can overload NTD's equipment and disrupt service to NTD subscribers. Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (referred to as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States. Other Activities, whether lawful or unlawful, that NTD determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet are prohibited.
The responsibility for avoiding the harmful activities just described above rests primarily with the subscriber. NTD will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with NTD policy or applicable law. When NTD becomes aware of harmful communications, however, it may take any of a variety of actions. NTD may remove information that violates its policies, implement screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber's contract with NTD.
NTD also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching NTD's facilities from those subscribers may have been originated by customers of those subscribers or other third parties. NTD does not require its subscribers who offer Internet services to monitor or censor transmissions created by customers of NTD's subscribers. At the same time, subscribers who knowingly transmit materials that violate law or NTD policy are, themselves, in violation of NTD policy. Similarly, NTD anticipates that subscribers who offer Internet services will cooperate with NTD in any corrective action that NTD deems necessary, in order to correct and prevent the transmission of material that is harmful to NTD or its subscribers. Failure to cooperate with such corrective and preventive measures is a violation of NTD policy.
NTD also is concerned with the privacy of online communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, NTD urges its subscribers to assume that all of their online communications are insecure.
NTD cannot take any responsibility for the security of communications transmitted over NTD's facilities. NTD will comply fully, however, with all applicable laws concerning the privacy of its subscribers' online communications. In particular, NTD will not intentionally monitor or disclose any private electronic mail messages sent or received by its subscribers unless required to do so by law. NTD may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NTD may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, NTD may disclose information transmitted over its facilities where necessary to protect NTD and its subscribers from harm, or where such disclosure is necessary to the proper operation of the system.
NTD expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate NTD policy.
Finally, NTD wishes to emphasize that in agreeing to the Terms of Service, subscribers indemnify NTD for any violation of law or NTD policy committed by the subscriber that results in loss to NTD or the bringing of any claim against NTD. Further, if NTD is sued because of activities of the subscriber that violate any law, or this policy, the subscriber will pay any damages awarded against NTD, plus costs and reasonable attorneys' fees.
Storage, Transfer and Usage
Website space and traffic: While most customers will use the web space and traffic for their legitimate website needs, we recognize that others may try to use the space and traffic in ways for which it is not intended. In the best interests of our Users and in an effort to maintain the integrity of our service, the following common sense rules will apply:
User's site must use and store only the information and data that relates to the website, at the IP address provided by NTD Hosting. User may not resell or give away web space under a domain name, nor may User build websites that house "sub-domain" websites on behalf of other companies, groups or individuals. User may not use its website to store files or data for other IP addresses or domain names, nor may User use its website primarily as a repository for file, data or "Warez group" download transfers, nor may User store data or transfer data that is pornographic, adult oriented, shows nudity, links to pornographic or adult oriented sites, pornographic/adult material includes all obscene, illegal, nude, and inappropriate images and material, nor may User use its website to store MP3 files that are in anyway illegal; this includes all files not belonging or copyrighted to the owner of the site. We have the sole right to make this determination, in its sole and absolute discretion. User may not use its website as a storage area for files that are not linked to Users' web pages. (RealVideo/Audio are not permitted in any form at this time in any listed plan - custom plans are available). To ensure proper use, all HTML pages MUST be linked to files (.HTML, .jpg, .gif, etc.) stored on NTD's servers. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not allowed. NTD may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of NTD Users, and to ensure that certain Users do not utilize services to the detriment of other Users. NTD does not allow adult oriented sites, nor do we permit the posting of links, information or banners that reference adult oriented material. We also do not permit sites where 20% or more of the monthly traffic is from file downloads, or sites which in NTD view are detrimental to the enjoyment of NTD's other Users, or are in the sole and final judgment of the Host, detrimental to network or business operations. Those users found in violation of these policies are subject to a $500.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites that NTD must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Policies constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies. Users with websites that do not comply with these simple rules, or who seek to take advantage of our unlimited storage or traffic plan in any other way, will, at the discretion of NTD, have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of NTD. NTD reserves the right to make the judgment call on behalf our other NTD clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact support@athenet.net.
By using the NTD, you agree to comply with our policies. You must be at least 18 years of age to purchase our hosting services. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided.
Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Net abuse, including but not limited to activities such as using a non-existent return email address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. We reserve the right to determine what constitutes net abuse.
Tortuous conduct, including but not limited to posting of defamatory, libelous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Misuse of system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the User's own account; or resale of access to CGI scripts installed on our servers.
The terms and provisions of this service agreement shall not be modified without the express written consent of NTD. Any actions or conduct by NTD should not be interpreted to change or modify any of the written terms or provisions in this agreement, nor should any such actions or conduct be interpreted as consent or acquiescence to anything other than what is expressly written into this agreement.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including NTD and its subscribers, as responsible members of the Internet community.
XIII. Privacy Statement
We take your right to privacy seriously. To that end, we do not disclose information concerning your use of NTD's services nor do we disclose your personal information (name, address, phone number, credit card/automatic check withdrawal numbers, username or password) to any outside companies or government entities except when required to respond to subpoenas, court orders, legal processes or to establish or exercise our legal rights or defend against legal claims. We restrict access to your confidential information to those employees who need to know that information to provide services to you, such as technical support. Only our authorized employees and representatives have access to your account information and they are trained to maintain confidentiality and security. We also have physical, electronic and procedural security safeguards in place.
Third Party Advertising
We use MaxWorldwide and other third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here <http://www.networkadvertising.org/optout_nonppii.asp>.
Third Party Cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.
You can help maintain your privacy with NTD by not sharing your account (logon) password. Also, it is a good idea to periodically change your password. You can do this online by going to www.athenet.net, clicking on "Change Password" and following the prompts. Or call us and we can change it for you. NOTE: DSL customers must NOT change their password. To do so will prevent their DSL service from working. DSL customers should call us if they have password questions or concerns.