Hocking Internet Technologies LTD.
This agreement is by and between Hocking Internet Technologies, Ltd., (hereinafter referred to as Hocking Internet) a Limited Liability Company of the State of Ohio, having an office at 19483 Harble Road, Logan, Ohio 43138, and Client. (Hocking Internet is a Registered Trade Name of Hocking Internet Technologies, Ltd.)
By signing this agreement or by using the Hocking Internet system and/or services, Client agrees to all of the provisions, terms, and conditions of this agreement:
1. Hocking Internet will provide Services on its computing and network systems to Clients (individual and corporate account holders) in exchange for payment of fees and compliance with the terms and conditions of this agreement.
2. Hocking Internet Services are defined as computing, telecommunications, and information services provided by Hocking Internet and suppliers to Hocking Internet.
3. When using our network, you are here as our guest. As with any host, we will treat you with respect and courtesy, but we reserve the right, at our sole discretion, to remove you from our system.
4. The Client agrees to maintain a secure password to the account. Secure passwords are those that are a minimum of 8 characters long and contain one or more non-alpha-numeric characters. The Client agrees not to share the password to their account and the Client understands that Hocking Internet will terminate the account without notice if the Client does not comply.
5. The Client agrees not to use any process, program, or tool via Hocking Internet services for guessing the passwords of account holders on Hocking Internet or other systems. The Client agrees not to use Hocking Internet to make unauthorized attempts to access the systems and networks of others.
6. The Client agrees not to post or transmit any information or software which contains a virus, worm, cancelbot, "Trojan horse", or other harmful component including initiation or participation in denial of service attacks on any system.
7. The Client warrants, represents and certifies that he or she is at least 18 years of age. The Client further warrants, represents, and certifies that he or she understands that adult and other materials which may be inappropriate for certain users, including those under the age of 18 years, are available on the Internet. The Client, as parent or legal guardian of a minor or as a school official, shall be fully responsible for the minorís use of Hocking Internetís facilities and shall be solely liable for any misuse by such a minor. Client may wish to purchase Internet Filtering software to assist in carrying out this responsibility. The Client agrees to indemnify and hold harmless Hocking Internet from and against all liability and/or damages, including reasonable attorneysí fees, arising out of or related to the authorized or unauthorized use of the Clientís Hocking Internet account by such minor or any other person.
8. The Client agrees not to post or transmit any unlawful, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any local, state, national or international law, including without limitation the US export control laws and regulations.
9. The Client agrees not to restrict or inhibit any other user from using and enjoying the services provided by Hocking Internet and/or the Internet. Any use of Hocking Internet system resources that disrupts the normal use of the system for other Hocking Internet clients is considered to be an abuse of system resources and is grounds for administrative intervention.
10. Use of a Hocking Internet account for the purpose of harassment, sabotage, or any unlawful activities (be it intentional or otherwise) is prohibited. The Client agrees to use the services provided by Hocking Internet and itís suppliers (including, but not limited to, Verizon) as provided by applicable local, state, and federal laws. The Client agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
11. Hocking Internet shall not be liable for any cost or damage arising either directly or indirectly from use of the Service. It is solely the responsibility of the Client to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through the Service or on the Internet generally.
12. The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose with regard to any merchandise, information or service provided through the Internet. No advice or information given by Hocking Internet, its affiliates or its contractors or its suppliers (including, but not limited to, Verizon) or their respective employees shall create a warranty. Neither Hocking Internet nor its affiliates nor suppliers warrants that the Service will be uninterrupted or error free or that any information, software or other material accessible on the Service is free of viruses, worms, Trojan horses or other harmful components.
13. Under no circumstances shall Hocking Internet be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the Clientís use of or inability to use the Service or to access the Internet or any other part thereof, or the Clientís reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. Such failure of performance includes, but is not limited to, failure to provide the type or quality of service indicated by any representation or interpretation of any representation by Hocking Internet, its affiliates or its contractors or its suppliers (including, but not limited to, Verizon) or their respective employees or representatives concerning the availability or speed of any service, including, but not limited to, any form of Digital Subscriber Line service (ADSL, HDSL, VDSL, or other).
14. Hocking Internet will attempt to keep your material confidential, but can not guarantee the privacy of your mail and/or data. Hocking Interent reserves the right to use your data for any and all purposes, as permitted by law. Hocking Internet will cooperate with all law enforcement officers in the course of their investigations and may perform periodic spot checks of e-mail for appropriateness of content.
Public Domain and Copyright Provisions:
15. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Hocking Internet services. The Client may also redistribute materials in the public domain. However, the Client assumes all risks regarding the determination of whether the material is in the public domain.
16. As provided by the United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Hocking Internet services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed, nor can the author attribution notices nor the copyright notices be modified.
17. Note that some materials available on the global Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the materials for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.
18. The charges for the Service provided to the Client are shown on the currently effective price list which has been provided to the Client. The Client may elect to discontinue his or her Service by notice in writing to Hocking Internet. Should the Client decide to discontinue his or her Service without notification to Hocking Internet, the last unpaid billing period (one month or more) for which the Client had a logon privilege will still be owed by the client at the full, non-discounted monthly rate.
19. Hocking Internet will bill the Client monthly unless a quarterly, semiannual, or annual payment plan, with term discounts as published in the most recent price list, has been requested by the Client. The Hocking Internet accounting cycle begins on the 1st of each month. A partially-discounted-first-month fee (for initial subscriptions) and the first regular month, quarter, semiannual, or annual payment will be submitted in advance of receiving services. Payment is late if not received by Hocking Internet on the 10th of the month. Delinquent accounts are those that are unpaid on the 20th of the month or (for initial subscriptions) two weeks after the first use of the system. Any account that is delinquent will be terminated and payment will still be due to Hocking Internet for the unpaid billing period during which client had access. Termination of an account, whether by Hocking Internet or by Client, will not result in any refunds.
20. This agreement between Hocking Internet and the Client supersedes any prior oral or written agreements or representations. Unless otherwise required by law, this Agreement may be modified only by a written Agreement properly executed and agreed to by Hocking Internet. Notification of any changes made to this agreement by Hocking Internet will become binding on client if client does not object within one week of date of notification. At Hocking Internetís sole discretion, such written notification may be made by E-Mail to the clientís hocking.net account or by US mail. The complete text of this agreement, including any changes, may be made available on the www.hocking.net website. In view of rapidly changing Internet law, Client agrees that Hocking Internet may modify this agreement at any time.
21. A failure by Hocking Internet to enforce any provision of this Agreement on one occasion shall not be a waiver of that provision upon a subsequent occasion. Should any legal authority find any portion of this agreement to be non-binding or to be inconsistent with the law, the remainder of this agreement will remain in force. This Agreement shall be construed in accordance with the laws of the State of Ohio.
Understood and Agreed to by: Signature:___________________________ Date:_______________
Name (Typed or Printed, Please)_______________________________________________
For this Company (if a Company Account): ____________________________________________
Title at above Company: _______________________________ ____Taxable ___Non-Taxable
Note: Taxable businesses will have to add OH sales tax at their County rate to all charges.