Comteck of  Indiana Acceptable Use Policy

This Agreement made by and between Comteck of Indiana  (herein after called Comteck) and Internet User, (herein after called User, shall apply to all access, transport, system or service Account billed to a designated User.

  1. The rights of access conveyed by this Agreement are non-transferable.
  2. User agrees to use this service in a manner consistent with any and all applicable laws, state, federal or international treaty.
  3. User agrees to follow the Acceptable Use Policy of any network User connects to, including Comteck’s system.
  4. User is responsible for user of his/her account(s) and the confidentiality of password(s). Comteck will suspend access or change the password for a User’s account within 24 hours or less after notification by User that his/her password has been lost, stolen or otherwise compromised.
  5. User agrees to keep Comteck informed of current legal address. It is Comteck's policy that we DO NOT disclose, release or sell, customer information, including E-Mail addresses, to anyone, for any reason, without a court order, or to collect a debt owed to Comteck.
  6. The equipment used by the User at the User’s location shall be furnished by the User at the User’s expense. Comteck does not guarantee the compatibility of User’s equipment.
  7. User represents that he/she is 18 years of age or older.
  8. User is responsible for any and all local or long-distance telephone charges connecting to Comteck regardless of how or why the long distance charges were incured.
  9. User agrees to pay Comteck for any and all charges relating to the use of the User’s Account(s) at the time the service is used. Comteck reserves the right to cancel service at any time for non-payment of past due bills. Comteck reserves the right to suspend access to service for User account(s) upon an indication of credit problem, including delinquent payments. User agrees to reimburse Comteck for all charges Comteck incures investigating violations of AUP, and damages.
  10. Accounts that are paid yearly and are cancelled before the year's term will be refunded prorated at the current montly rate.
  11. Comteck provides unlimited access for it’s Users. The term "unlimited" access is defined as "unlimited ATTENDED" use. Being present at your computer while you are on-line. You are not permited to use any program or method which maintains your connection while your PC is unattented for a period exceeding 15 minutes. This includes running ftp servers, IRC bots, Proxies, continually checking E-Mail, Web servers, Pingers, Keep-Alives, etc. You are not permitted to run servers without our consent, This includes web, mail, ftp/filesharing servers. Online usage greater than 75% of the total hours available in any 30 day period constitutes full time/dedicated access and you will be billed for dedicated access. Multiple simultaneous-use/login (sharing) of the same ID/PW is not permitted and login authentication will be denied if attempted. Multiple use/sharing can be set up for those requesting it, but each additional use of the same ID/PW is considered another account for billing purposes.
  12. Comteck reserves the right to change the price after a 30 day notice via Comteck email.
  13. Neither Comteck nor its Information Providers are responsible for any damages arising from Users’ use of Comteck or User’s inability to use Comteck’s Service.
  14. Comteck is not responsible for User’s personal files residing on Comteck equipment. User is responsible for backup of data stored at Comteck.
  15. Comteck will delete the User’s personal files (web pages and unread email) after one or both parties terminate service.
  16. Comteck shall not be liable for an consequential, incidental, indirect, or special damages arising out of or caused by mistakes, omissions, interruptions, delays, error, or defects or otherwise occurring in the course of furnishing service. Comteck’s liability for direct damages shall in no event exceed an amount equivalent to the proportionate net charge to User for the period of service during which such mistakes, omissions, interruptions, delays, errors, or defects occur.
  17. System abuse is prohibited. Comteck may terminate or modify service immediately and bill for any resulting support charges if the User engages in system abuse. System abuse is defined but not limited to:
  18. Attempting to circumvent user authentication or security of any host, network, or account on Comteck or the Internet at large
  19. Denial of Service attacks
  20. Pinging with packets larger than 65,535 bytes
  21. Attempting, in any way, to interfere with or deny service to any user or any host on the internet.
  22. Forging email or USENET posting header information
  23. Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one’s own
  24. The User shall not do any of the following or permit any of the Users authorized users to do any of the following:
  25. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation U.S. export control laws and regulations.
  26. Post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component.
  27. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the service which is protected by copyright or other proprietary or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
  28. COMTECK INTERNET’S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, OR INCLUDING, BUT NOT LIMITED TO, THOSE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO COMTECK INTERNET OR ANY INFORMATION OR SOFTWARE THEREIN. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY COMTECK INTERNET OR ITS PROVIDERS.
  29. THE USER HEREBY AGREE THAT ANY MATERIAL SUBMITTED FOR PUBLICATION OR STORAGE ON COMTECK INTERNET’S EQUIPMENT THROUGH CUSTOMER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
  30. Comteck, at its sole business judgement, may terminate this Agreement immediately or suspend User’s access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgement of Comteck that user may be performing activities harmful to Comteck or its Customers, employees, vendors, business relationships or any other users of the Internet.
  31. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. Comteck is not liable for protection or privacy of electronic mail and information transferred through the Internet.
  32. User shall not use Comteck electronic mail or other internet related facilities for the distribution of mass mailings, whether unsolicited or through a controlled distribution list.
  33. This Agreement shall be governed by the laws of the State of Indiana.
  34. Comteck may modify these terms and condition upon notice published on-line or via electronic email from Comteck. User’s use of Comteck services after such notice will constitute User’s acceptance of the modification to the Agreement.
  35. User understands that Comteck acts as a gateway in providing access to the Internet and is not responsible for content on the Internet.