ACCEPTABLE USE POLICY

THE USE OF THE CISP SERVICE BY ANY USER CONSTITUTES THAT USER’S ACCEPTANCE OF THIS ACCEPTABLE USE POLICY (“AUP”) AS WELL AS THE TERMS AND CONDITIONS (“T&C”), AND UNCONDITIONAL AGREEMENT TO BE BOUND BY BOTH.

YOUR VIOLATION OF THIS AUP, OR OF THE T&C MAY RESULT IN THE SUSPENSION OR IMMEDIATE TERMINATION OF YOUR CISP ACCOUNT, AND IT MAY RESULT IN CISP TAKING OTHER ACTIONS CONSISTENT WITH THE T&C, OR THIS AUP, OR BOTH.

If you have any questions about this AUP, or about CISP’s implementation of it, you are welcome to contact us.

In providing it services and in developing and implementing this AUP, CISP is guided by the following business objectives, among others:

Provide dependable, stable service to our customers

Preserve the rights of its customers,

Protect the value of the Internet as a medium of information exchange


CISP is not obligated to, and although it reserves the right to do so, does not actively, assert control over the content of any communications, postings, e-mail transmissions, or other information created or accessible through use of CISP’s services, except to the extent CISP protects its own intellectual-property rights. Likewise, although it reserves the right to do so at any time, CISP does not actively monitor subscriber activity (except for monitoring utilization for billing and related purposes) under normal circumstances and has no obligation to do so.  But CISP may remove any material that, in its sole unfettered judgment, CISP concludes may be illegal, may subject CISP or others to liability, or may violate this AUP.  CISP in its sole discretion may cooperate with legal authorities or others in the investigation of any use of CISP’s services, whether that investigation is in connection with suspected criminal activity or an alleged or suspected civil or administrative wrong.

CISP does not permit the use of its services for any purpose that CISP determines, in its sole discretion, is unlawful or otherwise objectionable.   While in most instances CISP will notify a user of such a use before suspending or terminating access to CISP services, CISP may, in its sole discretion, immediately suspend or terminate services, and take any other appropriate remedial action, in response to any unlawful or objectionable use.  CISP may do so without regard to whether it has done so previously in response to similar uses, by the same or other users.  


VIOLATIONS OF CISP ACCEPTABLE USE POLICY

The following list of of violations of this AUP is non-exhaustive and CISP reserves the right to determine, in its sole discretion, that a use or activity not listed here is unacceptable or otherwise violates this AUP and to take whatever remedial action it determines is appropriate.

1.      Unlawful use: Use of the CISP services for, or in connection with, any unlawful purpose, including criminal uses, civil wrongs, or administrative violations.

2.      Actual or potential harm to, or exploitation of, minors.  Use of the CISP service for, or in connection with, any activity that CISP determines, in its sole discretion, does or may cause or actual or potential harm to minors, or that involves in any way the exploitation of minors. This prohibition includes but is not limited to child pornography and the use or depiction of children in an indecent manner. CISP will respond to any such use in whatever manner it deems appropriate, including, without limitation, referrals to appropriate law-enforcement agencies. 

3.      Harassment: Use of the CISP service to transmit any material, by any method, that harasses another.

4.      Financial or Economic Scams or Frauds.  Use of the CISP service to make fraudulent, misleading, or dishonest offers to sell or buy goods or services, or to advertise or solicit for any illicit or dubious financial or  commercial activity of any kind.

5.      Identity Fraud or Theft, or impersonation: Use of the CISP service in connection with any activity involving identity fraud or theft or similar efforts to impersonate another person, or to facilitate a user’s ability to impersonate another person or steal or use the identity of another person.

6.      SPAM.  Transmission of any unsolicited commercial e-mail or unsolicited bulk email of any kind. is expressly prohibited. Violations of this type will result in the immediate termination of the offending CISP account.

7.      Interference with the Use of the Internet, including e-mail, by others.  Interference with any other person’s use of the Internet and related Internet services, such as e-mail.

8.      Interference with CISP’s business or operations. Use of the CISP service to access any CISP information, to interfere with or invade, CISP’s security protocols or systems, or CISP’s software, hardware, or communications systems.  This includes Denial of service attacks against another network host or individual user. 

9.      Intellectual Property infringements. Use of the CISP service to infringe in any way on the intellectual property rights of any person or entity.

10.   Distribution of Viruses: Use of the CISP service for the intentional dissemination, through any medium, of any software or program that causes, or attempts to cause, damage, compromise, or loss to the data or computer functionality of any other person or entity.

11.   IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

12.   Peer to Peer Software (File Sharing): Use of the CISP service to operate or use Peer to Peer or file-sharing software.


Your Responsibility

You are responsible for the use of your account, and responsible for any misuse of your account.  We recommend that you protect the security of your account by ensuring the security and confidentiality of your password and other account information. 


REPORTING VIOLATIONS OF CISP AUP

CISP requests that anyone who believes that there is a violation of this AUP direct the information to CISP.   Please provide as much information as possible to allow CISP to investigate the allegation.  CISP will investigate to the extent possible and will take appropriate action in response to any violation. abuse@cisp.com

REVISIONS TO THIS ACCEPTABLE USE POLICY

CISP reserves the right to amend this AUP (as well as other policies and agreements) at any time and in any manner. Notice of any amendment will be posted in accordance with the T&C.  All amendments are effective immediately.

TERMS AND CONDITIONS OF SERVICE

            Community ISP, Inc. (“CISP") furnishes services to the Subscriber, subject to and conditioned on the following Terms and Conditions:

1.    Subscriber is at all times bound by these Terms and Conditions (T&C), and by CISP’s Acceptable Use Policy (“AUP”).  Subscriber’s use of the Service is Subscriber’s acceptance of and agreement to be bound by these T&C and the AUP, which are the “Agreement”.  For purpose of these Terms and Conditions, “Service” means any of the services that CISP provides customers, including, without limitation, data storage (backup or primary), content hosting, virtual servers, dedicated servers, Internet access, managed services (e.g., anti-virus, DDoS firewalls, operating system updates, hardware monitoring, etc.), and physical facilities (cubes, phones, pcs, etc.).

2.    CISP may from time to time change its AUP.  Those changes are effective when posted.  Subscriber’s use of the Service after a change in the AUP is Subscriber’s acceptance of and agreement to be bound by the change.  A change in the AUP is not grounds for termination of the Agreement or for Subscriber’s non-performance of obligations under the T&C.

3.    Subscribers may not use the Service to conduct, participate in, assist, or in any way further illegal activity. 

4.    CISP may, at its sole discretion, cooperate fully with any law enforcement agency or individual who requests access to or copies of information in CISP’s possession, custody or control, or otherwise available to CISP, that bears on Subscriber’s use of the Service for any unlawful purpose, and Subscriber waives any right Subscriber has or may have to object to disclosure of such information. Without derogating from any provision in this contract, or any other right CISP has, Subscriber acknowledges that in response to such a request from a law enforcement agency individual, CISP may immediately terminate all Services to Subscriber.

5.         Subscriber agrees to pay for the Service the rates and charges that have been communicated to Subscriber.  Except as otherwise expressly stated to Subscriber in a writing signed by an authorized representative of CISP, CISP may change the rates and charges from time to time.  Those new rates and charges become effective on the date established by CISP and Subscribers’s sole recourse, should it object to paying the new charges, is to terminate the Service on or before the effective date of the new rates and charges.

6.         Payment for Subscriber’s access to the Service is due in advance and must be received by CISP on the last day of the month before the month for which payment for Service is being made.  (E.g., For service in January 2006, CISP must receive Subscriber’s payment by December 31, 2005.) Payment may be made by credit card, wire transfer, or ACH. In addition to the base rate and charges, Subscriber is responsible for payment of all applicable taxes.  Any and all amounts Subscriber owes but fails timely to pay to CISP bear interest at the rate of the lower of eighteen percent per annum, or the highest rate that may lawfully be charged to Subscriber.

7.         If Subscriber fails timely to pay for the Service, or any other rate or charge that is due, CISP may, in addition to other legal or equitable remedies it has or may have, immediately terminate the Service to Subscriber.

8.         CISP is under no obligation to refund any payment Subscriber makes for Service, for connection or re-connection, or for any other purpose, regardless of Subscriber’s usage of the Service.  If Subscriber wants to dispute a charge, Subscriber must do so within 30 days of the time Subscriber knew or could have learned of the charge.  If the disputed charge should not have been made, Subscriber’s sole remedy is to a Service credit

9.         The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

10.     Subscriber may cancel the Service with at least 30- but not more than 60-days advance written notice.  Written notice may be sent to CISP at its place of business or by email to billing@cisp.com or by electronic communication through CISP’s customer service site.  Upon receipt of Subscriber’s written notice of cancellation, CISP will send an email to email address Subscriber has provided CISP.  Completion of the process set forth in that email is required to make cancellation effective.  If Subscriber does not respond to this email within 48 hours, the process is void and Subscriber must reinitiate it to cancel the Service. Cancellation does not relieve Subscriber of the obligation to pay CISP in full for all rates and charges that are due and owing, and Subscriber remains fully liable for those rates and charges, plus accrued interest, penalties, and fees, until all are paid in full.

11.     CISP has no obligation to provide Subscriber with technical support regarding Subscriber’s use of the Service.

12.     Subscriber represents and warrants that neither Subscriber nor any client, affiliate, customer, or other person in any way associated with Subscriber who uses the Service will use the Service for any unlawful purpose, or for any purpose that violates the Acceptable Use Policy.  Subscriber is responsible to CISP for all usage of the Service connected with Subscriber’s account.  Subscriber must indemnify and hold harmless CISP from and against all claims, damages, and losses, including costs and attorney fees, caused by, arising from, or related to Subscriber’s use of the Service, including but not limited to violations of the T&C or the AUP, whether by Subscriber directly or by a person or entity who uses the Service under Subscriber’s auspices, whether the claim, damage, or loss arises directly against CISP or is incurred by CISP as a result of the actions of a third party, including legal actions brought against CISP by third parties.

13.     CISP MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AGAINST INFRINGEMENT WITH RESPECT TO THE SERVICE.  In the event of any breach of this Agreement by CISP, or any failure of the Service whatsoever, CISP is not liable for any direct, indirect, consequential, special, actual, incidental, punitive or any other damages, or for any lost profits of any kind or nature whatsoever, even if CISP has been advised of the possibility of such damage or loss.  Subscriber’s sole remedy in the event of a failure of the Service, or any interruption of Service, regardless of the cause of the interruption, is a service credit, which CISP may in its sole discretion grant. 

14.    If CISP assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address belongs only to CISP and Customer has no right to use that Internet Protocol address except as permitted by CISP in its sole discretion in connection with the Services.  CISP maintains and controls ownership of all Internet Protocol numbers and addresses that CISP may assign to Customer. CISP reserves the sole and unfettered right to change or remove any and all such Internet Protocol numbers and addresses. CISP’s allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

15.    Customer’s bandwidth and disk usage may not exceed the per-month quantity Customer ordered and paid for (the “Contracted Usage”).  All usage, which includes incoming and outgoing traffic, is measured on a calendar month, with partial months prorated on a daily basis.  If Customer’s actual usage exceeds the Contracted Usage, CISP may take the corrective action it determines is appropriate.  This corrective action may include, at CISP’s sole discretion, the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement.  Regardless of CISP’s corrective action, Customer has no right of any kind to a refund of fees or charges paid or assessed before the corrective action.  If CISP elects to charge Subscriber for usage in excess of Contracted Usage, the charge for that amount will be billed automatically immediately upon CISP’s calculation of the amount due. Contracted Usage that is not used during the month is not carried forward to future months, nor may it be shared with other subscribers.

16.    All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by CISP on behalf of the account holder a handling fee will be incurred.

17.    New webhosting accounts which involve the transfer of a domain from another provider to CISP require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by CISP on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

18.    CISP may suspend network access to any Subscriber if in the sole judgment of the CISP such action is necessary to protect the integrity of CISP’s services or to enforce the AUP.  In no such event is Customer entitled to any service credit.

19.    CISP reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of CISP must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

20.    You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

21.    If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term.  If either party waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term.    

22.    Severability.  If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable.

23.    Binding Effect.  This Agreement binds the Parties as well as their heirs, successors, and assigns.

24.    Amendment.  No amendment of this Agreement is valid unless it is in writing and signed by the Parties.

25.    Entire Agreement.  This Agreement is the entire agreement of the Parties.  It supersedes all prior agreements and understandings, whether written or oral.

26.    This Agreement is governed by the substantive laws of the State of Ohio, without giving effect to its choice-of-law provisions. 

27.    Any and all disputes under this Agreement must be resolved in the Court of Common Pleas, Lucas County, Ohio, and the Subscriber irrevocably consents to that Court’s personal jurisdiction over Subscriber and subject-matter jurisdiction over the dispute.

28.    CISP does not take responsibility for published price errors or typos, and will not redeem them. Please contact sales@cisp.com to confirm any pricing.