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 Terms of Service and Acceptable Use Policies

Thank you for choosing WTS OnLine Inc. dba Brownwood OnLine as your Internet Service Provider. When using Brownwood OnLine's service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure that you and all other Brownwood OnLine customers have a high quality service that is being used appropriately by all customers. By establishing and using your Brownwood OnLine account, you agree to all of the Terms and Policies set out in this document.

Terms of Service and Acceptable Use Policies 

Thank you for selecting WTS OnLine Inc. (hereinafter “WTS Online” or “Online”), DBA WTS OnLine, Comanche OnLine, Coleman Online, Gustine Online, or one of our other OnLine domains as your Internet Service Provider.  When using our service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times.

These Terms and Policies have been developed in order to ensure that you and all of our other customers have a high quality service that is being used appropriately by all customers.  By establishing and using your account, you agree to all of the Terms and Policies set out in this document.

1. General Terms and Policies.

WTS OnLine is a private company providing a commercial gateway to the Internet. Our equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise enjoy all legal aspects of the Internet, subject to the Terms, Conditions and Policies shown herein (referred to as the “Service”).

Our services are provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you").  Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service. WTS OnLine grants you a non-exclusive right to access, use and display the Service on any computer or other electronic display device of which you are a primary user. You may not assign, sub-license or transfer any right or obligation of the Service without the express written consent of WTS OnLine. 

2. Coverage.  

If you are an individual Subscriber, these Terms, Conditions and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms, Conditions and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms, Conditions and Policies by anyone using your account will be imputed to you.

3. Term. 

The Service is provided to you on a month-to-month basis. WTS OnLine must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 3 days prior to end of a month, or the Service will be provided and charged to you for the following month. 

 Email termination may be sent to webmaster@bwoodtx.com.

  4. Payment Terms and Conditions and Special Charges:

WTS OnLine charges are as follows:

 a.  Special Charges: if you send out Unsolicited Bulk E-mail ("Spam"), we will charge you $300.00 + $1.00 per message sent + $100.00 per complaint received by WTS OnLine.  These charges are necessary for a number of reasons.  Many providers maintain a black list of those Providers who allow UCE to be sent.  We charge what is necessary to clean up the mess that is always caused by someone sending UCE. 

b.  Charges for all services are due and payable upon receipt of our email or regular mail invoice, as sent by sent by Electronic Mail (e-mail) unless you specifically request for an invoice to be sent by US Mail.  At our option, we may impose a charge of $1.00 to send an invoice by US Mail.

 c.  Any checks returned by the issuing institution will be charged a processing fee of $25.00. 

d.  If you fail to pay for your account within10 days of the date of the invoice, WTS OnLine may, without further notice, deactivate your account. Termination does not remove your responsibility to pay all fees incurred for the month or partial month for which the Service was provided.

 e.  If WTS OnLine incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel and/or a collection bureau; those fees and costs will be added to the amount you owe to the extent provided under Texas Law. 

5. Grounds for Suspension and Termination:    

You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these      Terms, Conditions and Policies or other rules and regulations as noted herein, may serve as cause for WTS OnLine to suspend or terminate your account. You agree that WTS OnLine has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

 Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);

 Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (spamming"); the suspension or termination which will result from spamming is entirely separate from and in addition to the fees which will be placed on your account due to such activity;

Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient;

Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;

Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, download traffic of fifty (50) megabytes or more per day for the Subscriber's Web page or site, sending e-mail traffic in excess of fifty (50) megabytes per day, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;

Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups;

Using the Service to operate server programs, including but not limited to mail servers, IRC serves, ftp servers or web servers;

Using the Service to promote or solicit competing Internet services;

Using the Service for unauthorized relays through any third party systems;

Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;

Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;

Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s) or the Internet. connectivity, including but not limited to syn flood attacks and smurfing;

Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);

Using the Service to forward or post "chain letters" (multiple forwarding) of any type;

Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;

Engaging in harassment, whether through language, frequency, or size of messages;

Using a login/password combination on two or more machines at the same time, however: this restriction does not apply to those who have purchased services from us that allow such connections at an additional charge per month;

Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information. This includes furnishing false information by telephone to obtain services;

Failure to pay charges due on your account.

 6. Security.

You agree not to access or attempt to access private areas of the Service. You agree to notify WTS OnLine as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

 7. Intellectual Property.  

WTS OnLine does not undertake to examine or review messages, files, or other materials that are accessible through, pass through, or reside on our equipment. If WTS OnLine is informed of an alleged copyright or trademark infringement, WTS OnLine will attempt to notify the affected Subscriber(s) of those allegations and secure a response. WTS OnLine may, at its sole discretion, remove, on a temporary or permanent basis, materials that WTS OnLine believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against WTS OnLine for any such removal.

WTS Online may, at its sole discretion, elect to charge any third party organization a fee for research to determine if there are any messages, files or other materials residing on our equipment that may or may not potentially violate trademark or copyright laws. 

 8. Liability. 

You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by WTS OnLine. Neither WTS OnLine nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. WTS OnLine neither endorses nor is responsible for the accuracy of such material, and you agree that WTS OnLine is not responsible for any loss or damage caused by your use of, or reliance on, such material;

You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on WTS OnLine's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless WTS OnLine and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree to be liable for any damages or loss of service, which results in damages to WTS OnLine as a result of any spamming, or other violations of Section 5 above. These damages include, but are not limited to; system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that WTS OnLine may pursue any such claims against you in the District Court of Dallas, Texas, and you hereby consent to the jurisdiction and venue of said court. 

9. Warranty.  

WTS ONLINE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY WTS ONLINE OR ITS EMPLOYEES SHALL CREATE A WARRANTY. 

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY WTS ONLINE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; WTS ONLINE DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. WTS ONLINE DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE. 

10. Content. 

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible.  WTS OnLine has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable. 

11. Dial-up Connection.

WTS OnLine may terminate a dial-up Subscriber's connection following 20 minutes of inactivity as determined by WTS OnLine equipment. We want users to stay on line, but if you are going to be away from the computer for over 20 minutes, please terminate your connection.

Each individual user session will be limited to 8 consecutive hours in length. You may login again after each 8 hour session, as long as your computer is in use and attended. Any means to maintain a permanent connection to WTS OnLine equipment on regular dialup accounts will be grounds for immediate termination. 

12. Privacy.

The Electronic Communications Privacy Act (ECPA) requires we notify you if we do not offer the privacy of email and files accorded paper mail. You are so notified. Although we tend to be sticklers for privacy, you should assume that any email or other communications may be seen by others, because of software problems or misdirected e-mail. We will go to extremes to protect your privacy and will not disclose any information we may see due to software errors or misdirected e-mail. If we see evidence of illegal activity being conducted through this system, we will take all steps possible to stop it up to and including involving law enforcement. If you require greater privacy, put it on paper, stick it in an envelope and attach a stamp.

  WTS OnLine commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. WTS OnLine will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. WTS OnLine may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. WTS OnLine may provide aggregate data on Subscribers to third parties.

13. Changes/Updates.

These terms of service and acceptable use policies may be changed at any time and for any reason by WTS OnLine.  Any revision of our Terms, Conditions and Policies or other rules and regulations, will be posted at the web site, http://www.bwoodtx.com/aup and at our office 517 West Commerce Street, Brownwood, Texas 76801.  Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform billing@bwoodtx.com at once, and your account will be closed, with a refund of any unpaid amounts pro-rated as of the date of account closure.

 


Office:  517 W. Commerce (Commerce Square).  Office Hours: Monday-Friday 9:00 a.m. - 6:00p.m. Saturday 10:00 a.m. - 5:00 noon. Technical Support Hours: 24 Hours a day.

For more information or comments. Email us at: webmaster@bwoodtx.com
(915) 641-0144 or Toll Free (877) 987-4638