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Avalon Acceptable Use
Policy
01. Terms and Conditions for Internet Access Services
02. Provision of Services
03. Account and Agreement Terms
04. Account Types
05. Billing/Payment Terms
06. Termination of Subscriptions
07. Technical Support
08. Security of Accounts
09. Use of Material
10. Personal Web Sites
11. Abuse of Internet Services
12. Abuse of Avalon Networks' Services/Resources
13. Discovering and Reporting Abuse
14. Offensive or Adult Materials
15. Warranties
16. Severability
17. Effective Date
Purpose
The purpose of Avalon Networks, Inc., hereafter referred to as Avalon, is to provide dial-up and high-speed Internet access, email, Usenet news, web and virtual domain hosting.
1. Terms and Conditions for Internet Access Services
Use by Subscriber after the effective date constitutes acceptance of the new terms and conditions. If subscriber does not agree to the new terms and conditions, Subscriber may cancel this agreement at any time by giving Avalon proper written notice in accordance with the terms and conditions stated herein. Upon notice published in writing or on-line via email or Avalon's website www.avalon.net Avalon may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered by notifying Subscriber in writing or by email at least thirty (30) days in advance of the effective date of the change..
2. Provision of Services
Avalon will provide services on its host computing systems to Subscribers in exchange for payment of fees and for compliance with the terms and
conditions of this document. Avalon's services are defined as the provision of computing, telecommunications, software, and information services
provided by Avalon. These services also include access to computing, telecommunications, software and information services provided by others via the
world-wide computer network known as the Internet.
Avalon will not enable Subscriber's Internet access account until a completed "Avalon Networks, Inc. Subscriber Enrollment Form" and
payment for the first month of service is received from Subscriber. The enrollment form must be signed and dated by Subscriber and
by Subscriber's parent or legal guardian if Subscriber is younger than 18 years of age.
3. Account and Agreement Terms
This agreement shall remain in effect until Subscriber terminates his/her account or Avalon cancels Subscriber's account.
Subscriber shall notify Avalon, in writing or by email, of any changes in the account information, such as credit card expiration date, address, or
phone number. Notification of such changes shall be in timely fashion as related to Avalon's billing cycle.
Temporary suspension of Subscriber's account may occur if Avalon has been given any indication that Registration or Account information is incorrect.
All accounts described below are non-transferable. Note that logging in through the modem pool with more than one concurrent session is explicitly
prohibited. Lending or giving others one's account password is also prohibited.
EACH INDIVIDUAL PERSON WHO USES services of Avalon MUST HAVE HIS/HER OWN ACCOUNT.
Avalon reserves the right to terminate an account at any time for any reason. In such cases, Subscriber will not receive a refund for any prepaid or unused time.
4. Account Types/Rate Schedule
Basic Package:
This account is limited to twenty-five (25) hours per calendar month (first to last day of the month). If Subscriber exceeds twenty-five (25) hours
monthly, over-time charges will accrue at $.75/hour and be billed on Net-30 terms. The Basic Package is $9.00 per month.
Plus Package:
Plus accounts includes full access to Internet services. Access is not timed. Subscribers will be logged out after five (5) continuous hours, but may
reconnect immediately at that time; in some circumstances, at Avalon's discretion, the five-hour period can be extended. The Plus Package is $19.95 per
month.
***Note: With both the Basic and Plus Packages, additional "email-only" accounts are available for up to three (3) additional family members at no extra charge (a total of four email addresses per subscription). Thirty (30) megabytes of space on the server for web page development is also provided for both Basic and Plus Packages.
While connection time for Plus account is unlimited, the connection is not dedicated or guaranteed. Such connections are available with Dedicated Modem
Line or DSL accounts.
Virtual Domains:
www.YOURCOMPANYNAME.com. Virtual domains include up to two hundred (200) megabytes of disk space and up to twenty (20) POP email accounts. Web
hosting is available for: $20.00 annual domain registration, $20 for Avalon's set-up fee. Two packages are available: 1) Basic Web is $14.95/month and includes
100 megabytes of disk space, 10 email boxes, Webmail and Viewable Access Logs; 2) Standard Web is $24.95/month and includes 200 megabytes of disk space, 20 email
boxes, FrontPage Extensions, Perl, CGI, PHP, Webmail, SSI, Viewable Access Logs, JServ. Neither package includes dial-up access, but that can be added to your
hosting package for $9/month for Basic Dialup or $15/month for Unlimited Dialup.
DSL:
For complete information about DSL connection and pricing options, please visit our Web Site at: www.iowadsl.net. (click here
for more information)
If Subscriber wishes to change the type of subscription, he/she must notify Avalon in writing at least ten (10) working days before the next payment is
due. That change will take effect beginning with the following billing cycle.
Avalon's account packages offer numerous value-added services. Package rates will not be pro-rated should Subscriber opt not to use any of those services.
5. Billing/Payment Terms
Avalon will bill Subscribers for monthly subscriptions and related fees as set forth in the current rate schedule. Avalon may modify this schedule upon
thirty (30) days' notice, either in writing or by email, to Subscribers.
Avalon does not charge a setup fee on Basic or Plus accounts. Payment for the first month of service must, however, be submitted in advance of receiving
services.
Avalon's accounting cycle begins on the 1st day of the month and ends on the last day of said same month, i.e., the accounting period is one calendar
month.
Avalon accepts VISA, Master Card, Discover, checks, money orders, automated clearinghouse (ACH) withdrawal from checking or savings accounts, and cash. Subscriber must have a signature form on file for automated clearing-house withdrawals. If Subscriber uses a
credit card or automated clearing-house withdrawal, the subscription fees will be billed to the account on the 15th of the current month.
We do not recommend sending cash through the mail; Avalon is not responsible for the loss of any cash payments remitted in said manner.
Subscribers paying by check or money order are requested to note the login/user name on the front of the check or money order to ensure credit to the
proper account.
There will be a $25.00 charge for each returned check, rejected credit card and/or rejected ACH withdrawal.
Basic accounts opened after the fifteenth day of the accounting cycle will be pro-rated to one-half of the monthly fee. Plus accounts opened after the
first week of the accounting cycle will be pro-rated at a rate of $5.00 per week remaining in that month. Other accounts opened after the beginning of
the accounting cycle will be pro-rated on the basis of the monthly fee.
Avalon will send invoices, via email, during the first week of the month. Paper invoices and faxed invoices are available for a fee of $1.00/month.
Payment is due on the last day of said same month. As noted on the invoice, payments received after the last day of the month will not be recorded and will appear as a past-due amount on
the following month's invoice.
If Subscriber wishes to change the method of payment, she/he must notify Avalon at least fifteen (15) working days before the next payment is due.
Accounts not paid by the beginning of each accounting cycle will be considered past due. Accounts that are past-due two (2) months are considered
delinquent and will be deactivated at the beginning of the next accounting cycle. Reactivation of the account will occur once the account is paid in
full, including the current month or a total of three months of service. Accounts will not be pro-rated for such periods of deactivation.
6. Termination of Services
Avalon must receive requests for termination of accounts in writing, via email, fax, U.S. Postal Service, or in person. Avalon will confirm the
cancellation in writing via email, fax, U.S. Postal Service, or receipt.
An email forwarding address will be provided for Subscribers who are terminating service. There is no charge for this service. Forwarding addresses will
be valid for thirty (30) days. Only email arriving after forwarding takes effect will be forwarded. Thirty (30) days after expiration, the forwarding
order will automatically expire, and mail will be returned to the sender, undelivered.
Subscriber is responsible for all fees through the confirmed date of termination of the service.
7. Technical Support
Avalon's Technical Support is solely for connecting to Avalon's services. Support for Internet access will be limited to: 1) assisting in the setup of
supplied programs; and 2) logging into Avalon's host computers.
Programs supplied by Avalon for access to Avalon's modems are either shareware or freeware, and support for those programs must be obtained from the
original authors.
Any installation disks supplied by Avalon have been tested and work with Avalon's computers. Occasionally there are configurations that will conflict with the proper operation of supplied software. Avalon will try to assist in resolving such conflicts, but Subscribers may need to contact the specific hardware vendor, operating system vendor, software author, or phone company to resolve such conflicts. Avalon will not contact a 3rd party hardware or software vendor on behalf of the Subscriber.
8. Security of Accounts
Avalon's dial-up and UNIX accounts are for individual Subscribers. Therefore, Subscriber agrees to share neither the password nor use of the account
with others, including but not limited to other family members or business associates. Subscriber acknowledges that Avalon may terminate the account
without notice if Subscriber does not comply.
Subscriber agrees:
a) To maintain a secure and robust password to the account (a minimum of six characters, two of which are alphabetic and one numeric);
b) Not to use any of Avalon's services to obtain the passwords of Subscribers on Avalon's or other systems;
c) Not to use Avalon's services to make unauthorized attempts to access others' systems and networks.
9. Use of Material
Subscriber agrees not to use the services of Avalon to violate copyright or other intellectual property rights of any author or publisher. For example, Subscriber may not upload or download commercial software in violation of software agreements.
10. Personal Web Sites
Personal Web Space is offered for those who want to dabble in Web Page development. Personal Web Space is for personal information and fun. Use up to 30
megabytes of space, free of charge. Subscribers own the files in the public_html directory. Update them often and remember to keep back-ups of any
work.
Avalon also provides upload instructions for your personal website.
Avalon encourages Subscribers to do their homework (particularly in the use of UNIX), to work through the instructions, and to learn as much as possible. If you are unable or unwilling to do this, Avalon will be happy to refer you to web designers.
The following restrictions are placed on all Web Pages residing on Avalon's servers:
a) No CGI scripts (unless provided by Avalon) for Personal Accounts at this time;
b) No resale of your personal Web Page or of other Web Pages residing on Avalon's servers;
c) No transfers greater than one (1) Gigabyte per month;
d) No copyrighted materials for which the Subscriber does not hold the copyright or related permissions.
Officers and Managers of Avalon reserve the right to review all Web Pages for content and/or remove said pages without warning. Explanations for any such removal will follow within fourteen (14) days.
11. Abuse of Internet Services
Subscriber agrees to use the services provided by Avalon as permitted by applicable local, state, and federal laws, and therefore agrees not to use
these services to conduct any business or activity, or to solicit the performance of any activity, that is prohibited by law.
Subscriber agrees:
a) To refrain from the mass posting of the same message to many inappropriate Usenet newsgroups or (spamming);
b) To refrain from sending any unsolicited emails;
c) To post advertisements only where appropriate and in venues that specifically encourage or allow advertising;
d) To respect the conventions of the newsgroups, lists and networks to which the Subscriber is posting, including rules more restrictive than, but not
limited to, the above.
Subscriber agrees to abide by Avalon's interpretation of the above. If Subscriber needs help interpreting or applying these terms, Subscriber should consult with Avalon's Officers, Managers, and/or Technical Support Staff.
12. Abuse of Avalon's Services
Any use of Avalon's system resources that disrupts the normal use of the system for other Avalon Subscribers is considered to be abuse of system
resources and is grounds for administrative intervention.
Some examples of system abuse include:
a) Spawning dozens of processes;
b) Consuming excessive amounts of memory or CPU over long periods of time;
c) Staying connected to modems while not active on the line;
d) Connecting to more than one modem at a time.
Depending on the nature and severity of the abuse, Subscribers may receive an email warning, have processes halted, have the account suspended by
Avalon's Technical Support Staff, and/or be prosecuted to the fullest extent of the law.
If the misuse is unintentional, the suspension may be rescinded following discussion with Avalon's Technical Support Staff.
If the misuse is intentional, the suspension may be rescinded at the discretion of Avalon's Managerial Staff, and may require the payment of a $25.00 service reconnection charge. Occasionally, unintentional misuse is incorrectly classified as intentional misuse. Subscribers who believe their activity has been incorrectly classified may appeal to Avalon's Officers or Board of Directors.
13. Discovering and Reporting Abuse
Violations of the conditions of use are considered to be unethical and may, in some cases, be criminal offenses. Subscribers are expected to report to
Avalon any information concerning instances in which the conditions of use have been, or are being, violated.
When Avalon becomes aware of possible violations, an investigation will be initiated. At the same time, in order to prevent further possible
unauthorized activity, Avalon may suspend access of services to the individual account in question. Confirmation of violations may result in
cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Avalon's Officers or
Board of Directors, following payment of a reconnection charge.
When necessary, Avalon reserves the right to monitor Subscribers' actions to determine whether or not the conditions of use, herein, are being
violated.
Please submit all reports of suspected abuse to: abuse@avalon.net.
14. Offensive or Adult Materials.
Avalon exercises no control over the content of materials accessed through Avalon's services. Some materials located on the Internet may be offensive or adult in nature. Subscribers younger than 18 years of age must have a parent or legal guardian co-sign this
agreement, verifying that the parent or legal guardian understands that Subscriber may have access to such materials and accepts responsibility for monitoring and/or controlling such access.
15. Warranties
Avalon makes no warranties of any kind, whether expressed or implied, for its services. Avalon specifically disclaims any implied warranties of
merchantability or fitness for any particular purpose.
Avalon will not be responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Subscriber's errors or omissions. Nor will Avalon, under any circumstances, be responsible for related consequential damages.
16. Severability
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force, and effect.
17. Effective Date
This agreement shall become effective when Subscriber's Internet access is enabled.
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