Policies Regarding Acceptable Use
Turn Key Technologies.Inc. acceptable use policies ("Policies") set forth below define acceptable practices while using any of Turn Key Technologies.Inc. services that provide access to the Turn Key Technologies.Inc. network (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively "Users"), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, IMAIL postings, chatting, and browsing.
You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to indemnify, defend, and hold Turn Key Technologies.Inc., its subsidiaries, affiliates, officers, directors, employees, agents, licensers, consultants, suppliers, and any third party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Turn Key Technologies.Inc. defense of any claim. Turn Key Technologies.Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Turn Key Technologies.Inc.. You agree immediately to notify Turn Key Technologies.Inc. of any unauthorized use of your account or any other breach of security known to you.
General
These Policies are designed to assist in protecting the Service, our Users,
and the Internet community as a whole from improper and/or illegal activity
over the Internet. Users are generally expected to behave in a reasonable fashion
and to adhere to commonly accepted practices of the Internet community.
For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.
Rights of Turn Key Technologies.Inc.
If Users engage in conduct while using the Service that is in violation of the
Policies or is otherwise illegal or improper, we reserve the right to suspend
and possibly terminate the Service or the User's access to the Service. In most
cases, we will attempt to notify you of any activity in violation of the Policies
and request that the User cease such activity; however, in cases where the viability
of the Turn Key Technologies.Inc. network is threatened or cases involving UCE/SPAM,
mail relaying, alteration of your source IP address information, denial of service
attacks, illegal activities, harassment or copyright infringement, we reserve
the right to suspend your Service or the User's access to the Service without
notification. In addition, we may take any other appropriate action, legal or
otherwise, against a User for violations of the Policies, which may include
termination of the Service. We do not make any promise, nor do we have any obligation,
to monitor or police activity occurring via the Service and will have no liability
to any party, including you, for any violation of the Policies. We reserve the
right to refuse service to anyone for any reason.
Billing and Charges
Monthly Dues must be paid on a timely basis to maintain Users membership
privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable)
will continue regardless of your use unless and until you expressly cancel the
auto-billing, which you may do at any time, unless bound by a specific term
or agreement. To stop AUTO-BILLING from being charged to your credit card, your
account must be cancelled by calling support number (1-315-437-4390); cancellation
by e-mail is not sufficient.
When paying by check, or credit card, User expressly authorizes Turn Key Technologies.Inc.
to collect from User a penalty fee of up to $25.00 for a returned check or Credit
Card chargeback. Turn Key Technologies.Inc. reserves the right to suspend access
to service for Users account upon an indication of credit problems including
delinquent payments or rejection of any credit card charges.
USER IS SOLELY RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE USE OF Turn Key Technologies.Inc. SERVICES. Turn Key Technologies.Inc. WILL NOT REIMBURSE ANY LONG DISTANCE CHARGES YOU MAY INCUR. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS Turn Key Technologies.Inc. SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.
Refunds
There are No Refunds unless Turn Key Technologies.Inc. loses numbers in your
calling area.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere
with or compromise the normal functioning, operation, or security of any network,
system, computing facility, equipment, data, or information. A User may not
use the Service to engage in any activities that may interfere with the ability
of others to access or use the Service or the Internet. A User may not use the
Service to monitor any data, information, or communications on any network or
system without authorization. A User may not attempt to gain unauthorized access
to the user accounts or passwords of other users.
Spoofing/Fraud
A User may not attempt to send e-mail messages or transmit any electronic communications
using a name or address of someone other than the User for purposes of deception.
Any attempt to impersonate someone else by altering a source IP address information
or by using forged headers or other identifying information is prohibited. Any
attempt to fraudulently conceal, forge, or otherwise falsify a User's identity
in connection with use of the Service is prohibited.
E-Mail Relay
Any use of another party's electronic mail server to relay e-mail without express
permission from such other party is prohibited.
IMAIL Postings
All postings to IMAIL groups must comply with that group's charter and other
policies. Users are prohibited from cross posting to unrelated news groups or
to any news groups where the post does not meet that group's charter. Continued
posting of off-topic messages, including commercial messages (unless specifically
invited by charter), is prohibited.
Violations
The following violations of etiquette are grounds for immediate
suspension of service pending investigation by Turn Key Technologies.Inc. and
will result in termination of the account if the investigation determines to
have originated or transmitted these types of traffic.
(a) Any attempt to post a single article or substantially similar
articles to an excessive number of newsgroups (ie, 20 or more) or continued
posting of articles which are off-topic according to the newsgroup charter or
the article provokes complaints from the regular readers of the newsgroup for
being off-topic. This will result in a charge to User in the amount of $250.00.This
also applies to the usage of e-mail relays on other networks which provoke complaints
from the recipients.
(b) Sending unsolicited mass emailings (i.e., to more than 50 users) which provoke
complaints from the recipients. This will result in a charge to User in the
amount of $250.00.
(c) Engaging in either (a) or (b) from a provider other than Turn Key Technologies.Inc.
and using an account on Turn Key Technologies.Inc. as a mail drop for responses.
This will result in a charge to User in the amount of $250.00.
(d) Continued harassment of the other individuals on the Internet after being
asked to stop by those individuals and by Turn Key Technologies.Inc..
(e) Impersonating another user or otherwise falsifying ones user name
in E-mail, IMAIL postings, or IRC, or with any other Internet or BBS service.
(This does not preclude the use of nicknames in IRC or the use of anonymous
remailer services.)
Users whose accounts are terminated for any of the above infractions are also
responsible for the cost of labor to cleanup and respond to complaints incurred
by Turn Key Technologies.Inc..
Illegal Activity
Users agree to use the Service only for lawful purposes. Use of the Service
for transmission, distribution, retrieval, or storage of any information, data,
or other material in violation of any applicable law or regulation (including,
where applicable any tariff or treaty) is prohibited. This includes, without
limitation, the use or transmission of any data or material protected by copyright,
trademark, trade secret, patent, or other intellectual property right without
proper authorization and the transmission of any material that constitutes an
illegal threat, violates export control laws, or is obscene, defamatory, or
otherwise unlawful.
Other Prohibited Activities
The following activities are also prohibited:
Attempting to intercept, redirect, or otherwise interfere with
communications intended for others.
Intentionally transmitting files containing a computer virus or corrupted data.
Any other inappropriate activity or abuse of the Service (as determined by us
in our sole discretion), whether or not specifically listed in these Policies,
may result in suspension or termination of the User's access to and use of the
Service.
Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and other parties
involved in investigating claims of illegal or inappropriate activity.
Privacy
Because the Internet is an inherently open and insecure means of communication,
any data or information a User transmits over the Internet may be susceptible
to interception and alteration. Subject to our On-line Privacy Policy, we make
no guarantee regarding, and assume no liability for, the security and integrity
of any data or information a User transmits via the Service or over the Internet,
including any data or information transmitted via any server designated as "secure."
Modifications
We reserve the right to modify these Policies from time-to-time in our sole
discretion. We will notify you, our Customer, of any such modifications either
via e-mail or by posting a revised copy of the Policies on our Web site.
Excessive Usage
All access numbers are deemed unlimited, EXCEPT access numbers designated with
a *. All access numbers with a * are limited to 150 hours in a consecutive 30
day period. All access numbers are subject to policy on auto redialing and 6.0
hours continuous connection. This service is intended for reasonable use by
consumers. Limitations apply to excessive usage such as excessive number of
calls during a fixed period, heavy usage during business hours or heavy usage
concentrated over consecutive days. Users accessing the Service via a dial-up
connection may have the user session terminated if the User is connected for
over 6.0 hours continuous. Anyone attempting to remain on line continuously
by automatically redialing after being disconnected may be cancelled in order
to protect our network resources and maintain Service availability for others.
Restrictions on Use of Account
It is your responsibility to keep your password secure. A User may not share
your password or user account with any other party. A User may not resell or
lease the Service or any portion thereof. A User may not log-on to more than
one user session at a time. A User may not offer any public information service
via the Service (including running a Web server or FTP server).
Inactivity Disconnects
A User may keep a user session connected only when the User is actively using
the Service. We may disconnect the user session if there appears to be no interactive
activity within a 30 consecutive minute time period. Activity that is automatically
generated by the User's computer system through automated programs, scripts,
re-dialers, or any other software or hardware device will not be considered
"interactive." The use of any automated method to avoid inactivity
disconnects or to automatically reinstate an inactive connection is prohibited.
Transfer of Account
A User may not transfer your account to anyone without our prior written consent.
Local & Long Distance Charges
User is responsible for all local and long-distance telephone charges for connecting
to Turn Key Technologies.Inc., including the cost of their own data/phone line.
AS IS
Turn Key Technologies.Inc. service is provided on an as is, as available
basis. No warranties, expressed or implied, including, but not limited to, those
of merchantability or fitness for a particular purpose, are made with respect
to Turn Key Technologies.Inc. or any information or software therein. This in
no way includes any reimbursement for losses of income due to disruption of
service by Turn Key Technologies.Inc. or its providers.
Neither Turn Key Technologies.Inc. nor its Providers are responsible for any damages arising from Users use of Turn Key Technologies.Inc. or by Users inability to use Turn Key Technologies.Inc. service.
Turn Key Technologies.Inc. reserves the right to change without notice the Turn Key Technologies.Inc. service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
Turn Key Technologies.Inc. is not responsible for Users personal files residing on Turn Key Technologies.Inc.s servers. User is responsible for independent backup of his/her data stored on Turn Key Technologies.Inc.. Turn Key Technologies.Inc. is not responsible for any e-mails or data from personal websites that are lost.
Turn Key Technologies.Inc. reserves the right to delete Users personal files after one or both parties terminates agreement.
Turn Key Technologies.Inc. reserves the right in its sole discretion to delete any information entered into Turn Key Technologies.Inc. by User. Turn Key Technologies.Inc. and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this agreement.
Reselling of your web space is prohibited unless expressly contracted with Turn Key Technologies.Inc..
In the event the User defaults on this agreement, Turn Key Technologies.Inc. may suspend or revoke the Users membership privileges and the User may have to reapply for membership at the price Turn Key Technologies.Inc. is charging to new members.
The User agrees to pay Turn Key Technologies.Inc.s reasonable attorneys fees and court costs, where permitted, in collecting the amount due in the Users agreement including credit card chargebacks and returned check.
Sexual images and illegal material on your web pages are prohibited.
Communication systems are subject to degradation of service from phenomena such as so-called Line-Noise interference and other causes beyond the reasonable control of Turn Key Technologies.Inc..
Turn Key Technologies.Inc. may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
Turn Key Technologies.Inc. may offer credits to users who refer additional users who sign up for and keep Turn Key Technologies.Inc. accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or customer ID number of the user who referred them.
Non-Enforcement of any section of this Agreement does not constitute consent and Turn Key Technologies.Inc. reserves the right to enforce this Agreement at its sole discretion.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Users and Turn Key Technologies.Inc.s agreement on all other paragraphs shall remain valid.
If you become aware of any violation of these Policies by any
person, including Users that have accessed the Service through your account,
please notify us at abuse@Turn Key Technologies.Inc..com.
We will notify you, our Customer, of complaints received by us regarding each
incident of alleged violation these Policies by your Users of the Service. You
agree to promptly investigate all such complaints and take all necessary actions
to remedy any actual violations of these Policies. We may identify to the complainant
that you are investigating the complaint and may provide the complainant with
the necessary information to contact you directly to resolve the complaint.
You shall identify a representative for the purposes of receiving such communications.
We reserve the right to install and use, or to have you install and use, any
appropriate devices to prevent violations of these Policies, including devices
designed to filter or terminate access to the Services provided by us.