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.