Basic Terms of Service

 

The following are the basic terms of service. Actual service may be subject to additional or modified terms. Service may be terminated at any time for any type of abuse. Abuse is determined solely at SRC discretion. Abuse includes, but is not limited to, illegal activity, copyright infringement, harassment, spam, and malware / bot net participation. Infection or bad-actors can cause abuse without the account holder's knowledge. Responsibility is with the account holder even if abuse occurs without their knowledge.

 

PLEASE READ CAREFULLY

Santa Rosa Communications provides its subscribers with access to the Internet only on the terms and conditions set forth herein.  Signing on to our service constitutes acceptance of such terms and conditions. 

Copyright Infringement/Repeat Infringer Policy. Santa Rosa Communications (SRC) respects the intellectual property rights of third parties. Accordingly, you may not store any material or use SRC's network, systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of SRC to suspend or terminate, in appropriate circumstances, the service provided to any user or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights.

 

 

 

In addition, SRC expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if SRC, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights SRC may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows:

Marjorie Spivak
Bennet & Bennet, PLLC
6124 MacArthur Blvd
Bethesda, Maryland 20816
Tel: (202) 371-0012
Fax: (202) 371-1558

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DMCA Copyright Notifications. SRC will process notifications of claimed infringement under the DMCA, as long as such notifications are in writing and provided to the designated agent, and substantially comply with the requirements of the DMCA. Upon receipt of such written notification from the complaining party, SRC will remove or disable access to the material that is claimed to be infringing. In accordance with the DMCA, SRC will take reasonable steps to forward the written notification to the allegedly infringing subscriber to notify the subscriber that SRC has removed or disabled access to the material.

  DMCA Counter Notifications. If a notification of claimed infringement has been filed against you, you can file a written counter notification with SRC’s designated agent (listed above). All counter notifications must substantially comply with the requirements of the DMCA. Upon receipt of an appropriate written counter notification from the subscriber, SRC will provide a copy to the complaining person informing them that SRC will replace the removed material or cease disabling access to it in 10 business days, unless SRC’s designated agent receives notice from that person of the filing of an action seeking a court order to restrain the subscriber from engaging in the infringing activity relating to the material on SRC's system or network.

   Subscriber Contact Information. Any notifications sent by SRC to subscribers will be in writing, and sent by e-mail to the subscriber’s email address of record or sent to the subscriber’s mailing address of record. Subscribers are responsible to promptly provide notification to SRC of any change in contact information.

 SRC may, but is not required to, monitor your compliance, or the compliance of other subscribers, with these Terms of Service. You acknowledge that SRC shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the network, including but not limited to content that violates the law.

 

1. Santa Rosa Communications agrees to provide its Internet Access Service (the "Service") to the applicant named above ("Customer") for Customer's private use.

 

 

 

2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER SANTA ROSA COMMUNICATIONS NOR ANY OF ITS LICENSERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER SANTA ROSA COMMUNICATIONS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY.

 

 

 

3. Customer understands that internet speeds are sensitive due to distance and availability by address. Santa Rosa Communications cannot guarantee speeds. We strive to provision lines up to the maximum speed required to support subscribed service, but actual speeds will vary based on several factors such as condition of wiring inside customer’s home or business, computer quality, network congestion, and the server speed of websites accessed. Initials ______

 

 

 

4. Customer acknowledges and agrees that there are limited technical means available to provide privacy and security on the Internet. Santa Rosa Communications will not intentionally disclose the contents of private files to third parties without Customer's written permission or a court order or subpoena.  However, Santa Rosa Communications reserves the right to inspect electronic mail if necessary to debug electronic mail software or to reroute electronic mail that has been misaddressed or misrouted. System administration tasks may also expose the contents of Customer's files to Santa Rosa Communications personnel. For its part, Customer recognizes that there are unscrupulous people who know how to circumvent system security. Accordingly, Customer agrees to guard its password carefully, move private and important files to its own system if possible, and will not send by electronic mail or keep online anything that it does not want read.

 

 

 

5. Santa Rosa Communications will cooperate with law enforcement officials and with other system administrators in the legitimate investigation of suspicious activity. Intentional violations of privacy of other users by Customer, whether on the Santa Rosa Communications system or at another site, will be grounds for immediate termination of Customer's Service and may make Customer subject to civil or criminal penalties.

 

 

 

6. Santa Rosa Communications reserves the right to immediately terminate service of any customer who jeopardizes the efficiency of the system by sending unsolicited commercial e-mail or any form of abuse.

 

 

 

7. Customer acknowledges that by its nature, use of the Internet means that certain information about Customer and its activities will be visible to other users through well-known system commands. Accordingly, such information will be treated as public information. This includes Customer's name, the fact that Customer has an account, when and for how long Customer is logged in, and the commands Customer runs.

 

 

 

8. Santa Rosa Communications by providing the Service does not control or edit the content of any material placed on the Internet by its subscribers or any third parties, nor does it in any way control, limit or edit the material or its content which Customer may access or become exposed to on the Internet. E-mail filtering is employed on Santa Rosa Communications’ mail server. Santa Rosa Communications blocks e-mail with spam-like characteristics. Customer acknowledges that some e-mail may be undeliverable. Customer is solely responsible for any information which it places on the Internet, which it accesses on the Internet or which it uses through the Service; in particular. Customer is solely responsible for the legality of any such information or the access or use thereof.  Some information accessible on the Internet may be offensive either because of its content (including sexually explicit material), or the language used in expressing ideas. Customer is solely responsible for choosing to read or view any material it accesses on the Internet. Santa Rosa Communications expressly disclaims any and all liability from all claims for damages arising out of, or claimed to arise out of, encountering any such material.

 

 

 

9. The Service may only be used for lawful purposes. Some material available on the Internet may be copyrighted or constitute a trade secret, and some material may have been placed on the Internet in violation of U.S. or other copyright laws. Customer is solely responsible for determining the legal status of any intellectual property it uses or duplicates using the Service. Traffic in access codes, credit card numbers or similar information is unlawful. Any use by Customer of the Service for unlawful purposes will constitute grounds for Santa Rosa Communications to discontinue Customer's Service.

 

 

 

10. All use of the Service must conform to the restrictions associated with Customer's account and as set forth herein. Santa Rosa Communications reserves the right to terminate the Service if Customer violates such restrictions.

 

 

 

11. The sharing of passwords or accounts is strictly prohibited and violators are subject to the cancellation of such Customer's Service without prior notice. The resale of the Service or any other associated services by any and all means is restricted unless approved in advance in writing by Santa Rosa Communications.

 

 

 

12. Customer's billing period begins on the 1st of each month and ends on the 1st of the following month. Santa Rosa Communications will furnish a bill to Customer on a monthly basis. Bills will be sent to the customer by the first of the month with payment due by the 16th of the month. If your bill has not been paid within the 16 days allowed for payment, a termination or disconnect notice will be sent to you at least ten days prior to the date stated on the disconnect notice that service will be disconnected if the bill has not been paid by that date. Sharing the account with persons other than family members residing in an individual Customer's household, whether for compensation or otherwise, is strictly prohibited.

 

 

 

13. Customer is responsible for all actions it takes or causes to be taken in connection with its use of the Service. As a condition of the Service, Customer agrees to indemnify and hold harmless Santa Rosa Communications and their respective officers, board members, employees, agents, and member owners from any claim or cause of action by Customer or any third party for any damages arising out of, or claimed to arise out of, Customer's use of its account, or the use of such account by any person whatsoever, to access the Internet or any information thereon.

 

 

 

14. Santa Rosa Communications’ return check charge is $25.00.

 

 

 

15. Customer may cancel its Service at any time. Customer will be responsible for paying the cost of the Service incurred on a prorated basis. Santa Rosa Communications may terminate the Service at any time upon any violation by Customer of any of the terms and conditions contained herein. Otherwise, Santa Rosa Communications may terminate the Service upon 30 days prior written notice to Customer.

 

 

 

16. Santa Rosa Communications reserves the right to change the rates and otherwise modify the terms and conditions of this Agreement without notice. The current terms of the agreement are on file at Santa Rosa’s Vernon, Texas Office. If Customer does not request its Service to be terminated, it will be conclusively presumed that Customer consents to the new terms conditions and rates as so notified. Initials ______

 

 

 

17. The Internet may contain viruses, which if not eliminated, may destroy parts or all of the data contained in your computer. Santa Rosa Communications has no control over the existence or elimination of any such viruses. Specifically, while Santa Rosa Communications does provide filtering of E-mail to eliminate viruses, this filtering cannot eliminate all viruses. It is the customer’s sole responsibility to provide its own mechanism for checking its computer system for viruses obtained through the Service. Further, Customer agrees not to introduce any virus onto the Internet system or Santa Rosa Communications’ hosts. Further Customer will hold Santa Rosa Communications harmless from, and indemnify Santa Rosa Communications for, any damages resulting from any viruses introduced by Customer onto the Internet or into Santa Rosa Communications systems.

 

 

 

18. The terms and conditions contained herein supersede all previous representations, understandings or agreements and shall supersede any other terms and conditions of any order submitted or prior price quoted.

 

 

 

19. This agreement is made under and shall be governed by and construed in accordance with the laws of, the State of Texas applicable to agreements made and performed in Texas. Any cause of action of Customer or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or it will be barred.