Terms and Conditions
|Ramshaw Media Services Policies and Terms of Acceptable Use
1. General. This document defines the policies and responsibilities adopted by Ramshaw Media Services (herein described as RMS) in the administration and operation of Quickhosts as an Internet Service Provider. These conditions pertain to Quickhosts customers, as well as anyone using Quickhosts' service directly or indirectly. Policies described herein are to be adhered to during ANY transaction of data or services with any service or portion of a service provided by Quickhosts, regardless of being a paying customer of, or being bound by contract with Quickhosts. All customers, prospective customers, and indirect users of the Quickhosts Service are expected to read and understand these terms as a condition of any services provided to them by Quickhosts or any services or content which reside or are transmitted through a computer or network held by Quickhosts. The acceptance of any billing or business contract with Quickhosts also implies the acceptance of these policies.
(a) Ramshaw Media Services. In this document, Quickhosts will refer to the company of Ramshaw Media Services, its employees, intended services, computer systems, networks, and in certain context, its customers.
(b) Service refers to any type of service Quickhosts provides to its customers or third party, during any transaction of information over the internet, or modem, using any resources for which Quickhosts is responsible. This includes connectivity and authentication to Internet, electronic mail (email), web hosting, file transfer, internetworking, advertising, network configuration, billing, consulting, technical support, and troubleshooting.
2. Local Modem Dialup Access. Quickhosts provides local dialup access to various service areas. Although Quickhosts can provide numbers believed to be local to a given area code and prefix, Quickhosts cannot guarantee that the dialup number provided is without toll. Therefore, it is the customer's responsibility to verify any access number provided by Quickhosts is in fact local to their calling area by checking in the front of their telephone company's telephone book "white pages" or by confirming with a local telephone operator.
3. Boundaries of Decency. Quickhosts does not permit any material, files, or graphics on its hardware which describes, or graphics which depict, acts which are illegal within any region of the United States of America. This includes, but is not limited to, child pornography, pornography of adults represented as minors, beastiality, or necorophilia. Quickhosts does not permit any pictures or stories of rape or unconsentual sex acts.
4. Quickhosts liability of content. Quickhosts will not be held liable for any content available on, or transmitted by a server belonging to Quickhosts which was placed on the server by a customer, or agent of a customer. Customer agrees that it will protect, indemnify, save and hold Quickhosts harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney's fees declared against Quickhosts, its representatives, its customers, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Quickhosts against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with Quickhosts' services, any material furnished by customer encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation and any defective products sold to customer from Quickhosts' services. All content is the sole responsibility of the customer.
5. Legal use of computer systems. Quickhosts' computer systems are only to be accessed by those authorized to do so. Direct paying customers of Quickhosts are allowed to use the servers only for their intended purpose and those which they are assigned to use. These systems include web server(s), mail server(s), Unix shell server(s), and dialup modem/ISDN server(s). Non-paying customers of Quickhosts, which include customers or members of other internet service providers, companies or organizations which have Internet access, who knowingly access a service of Quickhosts (mail, web, and modem servers) are bound to policies of Quickhosts, laws local to Quickhosts and the user's organization or Internet access provider(s). These conditions take effect at time of account signup or when a user accesses the Quickhosts service, whichever is first.
6. Rights of Quickhosts. Quickhosts has the right to refuse or terminate service or any subset of the service to anyone. This is not limited to Quickhosts subscribers, and can include anyone who accesses Quickhosts' service in any way. Quickhosts has the right to charge an individual or organization for services rendered if it has been determined that the individual or organization has knowingly used the services with or without the express permission of Quickhosts under service contract. This includes, but is not limited to, network bandwidth, modem usage, system usage, disk storage, employee compensation to investigate or intervene, and any associated downtime caused by abuse of Quickhosts' services.
7. Individual Services
(a) E-mail - Customers of Quickhosts shall use email within reasonable limits. Reasonable limits include sending no more than about 100 emails per day, and not totaling more than about 20 megabytes per day. Receiving email is not bound by any limitation except the limit of 10 megabytes of disk space for the individual's incoming mailspool (delivered mail waiting on our mailserver to be picked up the email client). - 'Spamming', or Unsolicited Bulk/Commercial Email, is a severe misuse of the Quickhosts service. Quickhosts customers found spamming any group of users, of Quickhosts or any other internet service provider or organization without consent of the receiving parties will have their contract with Quickhosts terminated immediately with no possibility of refund. - Forwarding of "chain letters" constitutes spam and is not a permitted activity for Quickhosts users. - Users of Quickhosts, or other parties sending email to users of Quickhosts, who have willingly sent such Unsolicited Bulk/Commercial Email, violating this policy, may face civil charges of harrassment, or be billed for damages and use of the service beyond the allowed limits. - Users of Quickhosts or any outside internet service provider, or organizations whose users have been found using the Quickhosts service as either a mail relay or as a target for spamming will be charged reasonable fees for use of the Quickhosts service. This includes $1.00 for each mail message relayed or received through Quickhosts, or $2 for each megabyte of bandwidth used during the mailing, whichever is greater, in addition to wage compensation for Quickhosts staff who must respond to complaints from the victim(s) of the attack and/or take corrective action to stop the attack. - A recent bill has been passed in the State of California which prohibits sending email to or from any institution in California, where there has been an obvious attempt to hide the sender's identity, or to mislead the recipient's interpretation of the actual sender of the message. The law provides legal grounds for Quickhosts to charge as much as $50.00 (US) for every message received which has forged email addresses, email headers, hides the identity of the actual sender, uses a fraudulent name, or does not facilitate a way for a customer or employee of Quickhosts to reply to the email.
Quickhosts HOLDS AN AGRESSIVE POSITION AGAINST EMAIL SPAM AND USENET SPAM.
(b) Usage - Users of Quickhosts should limit their time connected via modem, ISDN, DSL or other forign connection method, to no longer than 12 hours in a single 24-hour period, even under the "Unmetered" access plan. If more than 12 hours per day are required, you will be asked to be changed to a dedicated access plan, where a connection is allowed 24 hours per day, with no disconnection.
(c) Dialups - The modems Quickhosts uses to serve its customers are not an unlimited resource. Users of Quickhosts may only use one dialup connection per account/login ID at a time. If multiple modem logins are noticed for the same account, those connections will be reset within 10 minutes, and an email will be sent to that particular user describing the duplicate logins. It is the user's responsibility to ensure that their dialup account is used in this appropriate manner.
(d) Quickhosts servers. - Users may not (ab)use these services or the system itself in a way that may cause damage to the system or data contained on the system, or which may affect performance of the system or any services the system runs. This includes reasonable memory, disk, and processor usage.
- Users may not use Quickhosts to harass other users of the system or users of any other system, either within Quickhosts, or indirectly connected via any other internet service provider or organization connected to the internet.
- While using the Quickhosts server to access any outside Internet service provider or organization's services, users must also abide and respect all rules and laws of that organization and its locality.
- Unacceptable use of Quickhosts services is considered, but not limited to, the following: Any denial-of-service attacks, 'pingflooding', 'SYN- flooding', email harassment or bombing, IRC harassment, running IRC bots, sharing an account with a non-Quickhosts user, causing or allowing to cause access to the Quickhosts server by any unauthorized individual with intent to use the Quickhosts service, email harrassment, spamming, mailbombing, and causing or allowing to cause access to any other service of any organization without authorization, with intent to cause damage or to gain access beyond that allowed by the organization. Quickhosts will firmly react to any use or attempted use of an Internet account or computer without the owner's permission. Password cracking, security hole scanning and other related uses will not be tolerated. Any unauthorized use of accounts or computers by a Quickhosts' customer, whether or not the attacked account or computer belongs to Quickhosts, will result in action against the assailant. Possible responses include warnings, account suspension or nullification, and civil or criminal legal action, according to the severity of the attack.
8. Payment Policies. Setup fees and quarterly or yearly payments must be prepaid for any of Quickhosts' services and are non-refundable. Payment is due each anniversary month, quarter, year, or year(s) period following the date the account was established. 10% late fee will apply to accounts past due more than 1 calendar day from the due date. Any account not brought current within 10 days of due date is subject to suspension and/or termination. There will be a $50.00 USD ($100.00 USD in the case of Dedicated Servers or Co-Location) charge to reinstate accounts that have been terminated. The customer is responsible for all currency owed on the account from the time it was instituted to the time that the customer notifies Quickhosts in writing for a request for termination of services.
9. Cancellation. Quickhosts will NOT reimburse customers canceling their Internet accounts for unused portions of pre-paid Internet service. Customers will continue to be charged for service for which they initially subscribed, in accordance with the current payment schedule until such time they close their account in writing. (e-mail, letter, FAX)
10. Your rights as a Customer of Quickhosts as a paying customer of Quickhosts, you have specific rights that we try our best to honor.
- Quickhosts will not release any personal information of its contractually-bound customers to any outside organization for any reason other than cooperation with law enforcement and other legal investigation, and then only with proper authority. A person who breaks their contract with Quickhosts, or who has not agreed to these policies effectively gives up this right. Information within Quickhosts is restricted to employees on a "need to know" basis.
- Email is kept private and confidential. This includes the content of your email residing and flowing through Quickhosts, as well as your actual email address. We do not give out or sell lists of our customers' email addresses for any reason.
© Copyright 2000 RMS