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Internet Access
Agreement
1) Introduction
I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein,
Real Easy Internet Service shall provide me (the Subscriber) with certain
Internet access and/or web site hosting services (the Network). By accessing
the Internet through Real Easy Internet Service and its affiliates Networks,
I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly
accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and
I agree to be
bound thereby.
I UNDERSTAND THAT REAL EASY INTERNET SERVICE RESERVES THE RIGHT TO TERMINATE
THIS ACCOUNT AT ANY TIME,
FOR ANY REASON.
2) Provision of
Services/Access
I understand and agree that I am fully responsible for the use of the Networks
by me or by anyone whom I permit to use my account
and that Real Easy Internet Service reserves the right to terminate my
account at any time, for any reason.
Real Easy Internet Service will provide me with analog or digital access to the Internet,
depending upon the rate plan selected,
subject to conditions generally beyond the control of Real Easy Internet
Service, including, but not limited to,
the type and condition of the equipment (personal computer, modem, etc.)
I have.
I understand that simultaneous, multiple logins under the same login identification
are not allowed.
I understand that the Networks may be temporarily unavailable or limited
because of capacity limitations and may be temporarily interrupted or curtailed
due to equipment modifications, upgrades, relocations, repairs,
and similar activities necessary for the proper operation of Networks,
as well as conditions of the Internet beyond Real Easy Internet Service control.
3) My ObligationsAs A Customer
a) I understand
that I am responsible for determining if a Real Easy Internet Service phone number is within
my local calling area, and for any long distance charges I may incur in
connecting to their networks.
b) I understand that I may cancel my
account at any time, but that I am responsible for the entire monthly charge in
the month in which I cancel, in addition to any additional usage charges
accrued though the day I cancel.
c) I understand that Real Easy Internet Service may change its prices from time to time,
and that I will be provided with at least 10 days written or electronic
mail notice of any such changes.
d) I
understand that I can not use or permit other users to use the Network in
ways:
i) that are unlawful; or
ii) infringe the rights of others; or
iii) interfere with users of Real Easy Internet Service Network or other
networks; or
iv) infringe upon the copyrights, trademarks or other intellectual property
rights of others; or
v) otherwise violate the policies referenced in this
Agreement.
e) I understand that I must comply with U.S. export laws
concerning the transmission of technical data and other regulated materials via
the Network (i.e., data encryption software).
4)
Security
I understand that the information available through the Real Easy Internet Service
Network or other interconnecting networks may not be accurate, including
the content displayed on my PC’s desktop.
Iunderstand that some of the information available through Real Easy Internet Service
Network or other interconnecting networks may be intended for adult audiences.
I understand that internet communications are not secure, and may be
subject to interception or loss.
I understand that Real Easy Internet Service makes no warranties of any kind, whether
expressed, implied, or statutory concerning either the security of data
and/or information or its accuracy available through the Real Easy Internet
Service Network, or other interconnecting networks.
5) Term
and Termination
I agree that this Agreement becomes effective upon registration of my login identification
name
and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement.
I further acknowledge that this Agreement shall continue in effect for
consecutive additional terms following
the Initial Term until either Party gives the other party online notice
or other notice of termination
at least ten (10) calendar days prior to the expiration of the then-current
term.
I understand that Real Easy Internet Service reserves the right to terminate my account
at any time,
for any reason, including, but not limited to, my failure to abide by the terms of this agreement
or my failure to pay any fees or charges when due.
If my account is deactivated, I understand that I may be required to pay reactivation charges
and a prepaid deposit in order to reactivate my account.
If my account remains inactive for a period exceeding thirty (30) days
consecutively,
I understand my account may be deleted.
If my deleted account includes content stored on Real Easy Internet Service
servers, anything stored therein will also be deleted.
I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings
and mass advertising, or posting to inappropriate newsgroups,
may cause severe operating difficulties for Real Easy Internet Service,
and would likely be a cause for termination of my account.
I agree to abide at all times by the Real Easy Internet Service current Usage Policies
6)
Pricing/Payments/Credits
If I have given my credit card number to Real Easy Internet Service or
it's affiliated billing services,
I understand that charges will be automatically billed to my credit card each month for the basic service fee
and any additional usage fees.
I expressly authorize this automatic billing by Real Easy Internet Service
and I understand that
Real Easy Internet Service monthly billing cycle runs from the date of
registration to the same date the following month.
I agree and understand that I will be billed for the next month’s basic
service fee onthe anniversary date each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month.
I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date.
I understand and agree that Real Easy Internet Service shall not be responsible for any charges
or expenses that I may incur resulting from overdrawing my bank account
or exceeding my credit card limit as a result of an automatic charge
generated by Real Easy Internet Service pursuant to this authority.
I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service.
I understand there will be no prorating for Service in either the first
or last months of Service.
7) Disclaimer And
Limitation Of Liability
I understand
that the use of my Real Easy Internet Service account, and any data orinformation accessed using that account,
will be completely at my own risk. I understand that the cumulative liability
of Real Easy Internet Service
for any and all claims relating to the services provided by Real Easy
Internet Service, in contract, tort, or otherwise,
shall not exceed that total amount of the basic service fees paid to Real
Easy Internet Service for services within the preceding three months. I
agree that Real Easy Internet Service shall have no liability for any consequential,
indirect, special or incidental damages regardless of the success or effectiveness
of other remedies.
REAL EASY INTERNET SERVICE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES,
FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL REAL EASY INTERNET SERVICE BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS AUTHORIZED USERS’ EQUIPMENT.
SUBSCRIBER HEREBY RELEASES REAL EASY INTERNET SERVICE FROM LIABILITY ARISING
FROM ANY CONTENT ACCESSED VIA THE NETWORK. REAL EASY INTERNET SERVICE PERFORMANCE
UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL
ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL. REAL EASY INTERNET SERVICE SHALL NOT BE
LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION
OR ALTERATION OF SUBSCRIBER'S OR ITS USERS’ EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL REAL EASY
INTERNET SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS
OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE
LIABILITY OF REAL EASY INTERNET SERVICE FOR ACTUAL PROVEN DAMAGES FOR ANY
CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION
OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN
TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT
NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO REAL
EASY INTERNET SERVICE FOR SERVICES WITHIN THE PRECEDING ONE MONTH.
REAL EASY INTERNET SERVICE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS,
EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS
WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF
MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
8) Law And
Jurisdiction
I
understand and agree that the laws of the State of
Michigan govern this Agreement andmy Real Easy Internet account.
I expressly agree that exclusive jurisdiction for any claim or dispute
with Real Easy Internet Service or relating in any way to my account or
my use of Real Easy Internet Service resides in the courts of Michigan.
I further agree and expressly consent
to the exercise of personal jurisdiction in the courts of Michigan in connection with any such dispute, including any claim involving
Real Easy Internet Service or its affiliates, subsidiaries, employees, contractors, officers, or directors.
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9) Indemnity
I
agree to defend, indemnify and hold Real easy Internet Service and all of its affiliates harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys' fees, related to
or arising from, any violation of this agreement by me
or those who access the Network through my account, or the use of the Network
or the Internet whether or not I have knowledge
of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior.
I agree to indemnify Real Easy Internet Service along with any and all
parties from whom Real Easy Internet Service obtains network services,
and to hold them harmless from any claims resulting from the use of the
Network or Networks by me or any authorized users that damage another party
or that violate the law.
10) Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published
Real Easy Internet Service Usage Policies
(incorporated herein by reference as if fully set out) represents the
complete agreement between Real Easy Internet Service and myself with respect
to the subject matter of this Agreement, and supersedes any other written
or oral agreement.
I
understand and agree that Real easy Internet Service may amend or modify this agreement and/or the Real Easy Internet Service Usage Policies, or impose new conditions at any time. Any use of Real Easy Internet Service Network or Affiliated Networks subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the Real Easy Internet Service home page.
11) REAL EASY INTERNET SERVICE Disconnect Policy
Real easy Internet Service reserves the right to disconnect a dial-up account after 20 minutes of inactivity,
as detected by Real Easy Internet Service through electronic means.
This time is approximate and subject to change without notice at Real Easy
Internet Service sole discretion.
Electronic or mechanical means to avoid an inactivity disconnect are strictly
prohibited. Electronic or mechanical means include,
but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection
or repeatedly checking for e-mail by autolog-in to the mail server.
Real easy Internet Service reserves the right to electronically audit connections to enforce the above requirements.
Real Easy Internet Service reserves the right to disconnect a dial-up account after 4 hours of continuous connect time.
This time is approximate and subject to change without notice at Real Easy
Internet Service sole discretion.
Real Easy Internet Services reserves the right to electronically audit
connections to enforce the above requirements.
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.Acceptable Use
Policy
Intent and
Scope
The purpose of this Acceptable Use Policy (AUP) is to inform our customers of our expectations regarding their use of the Internet through the Real Easy Internet Service Network. It is binding on all resellers and end-users of the Real Easy Internet Service Network. This policy should be read in conjunction with the
Real Easy Internet Service Internet Access Agreement,
and all other published Real Easy Internet Service policies.
Notice Any Violation(s) of This Acceptable Use Policy Will
Result In Immediate Suspension or Termination of Your Account.
Illegal Use of Real Easy Internet Service Network:
Real Easy Internet Service neither censors nor precludes any content passing through its network.
However, Real Easy Internet Service will not allow any user to use the
Real Easy Internet Service Network or
Affiliated Networks in a manner that is illegal, or infringes on the rights of others.
Real Easy Internet Service will cooperate with legal authorities in the
investigation of any suspected criminal or civil infringements.
The following
are examples of unacceptable
use:
Fraud:
Fraud is making a knowing
misrepresentation or misleading statement, writing or activity with the intent
that the person receiving it will act upon it.
Child
Pornography:
[18 U.S.C § 2256] defines
child pornography as any visual depiction, including any photograph, film,
video, picture, or computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of sexually explicit
conduct, where (A) the production of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; (B) such visual depiction is, or
appears to be, of a minor engaging in sexually explicit conduct; (C) such visual
depiction has been created, adapted, or modified to appear that an identifiable
minor is engaging in sexually explicit conduct; or (D) such visual depiction is
advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a
minor engaging in sexually explicit conduct.
Such visual
depictions are illegal to possess, produce, receive, transport or distribute by
any means, including computer.
Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property
Rights:
The Digital Millennium Copyright Act [17 U.S.C. § 512(c)] sets forth our
responsibilities and duties as an ISP. The act requires us to take down
any content on our servers that is properly alleged to be a copyright infringement,
and we can only restore the content upon receipt of proper counter-notice.
To notify us of a suspected infringement please contact our Infringement
Notification Department.
Illegal Software Exportation:
All users must comply with
U.S. export laws concerning the transmission of technical data and other
regulated materials via the KA Services Network (i.e., data encryption
software).This list is representative of prohibited activities and is not all
inclusive.
Network Resource Usage:
Real Easy Internet Service will not tolerate any conduct that constitutes
invasions of privacy, or otherwise compromises
the security of our users, our Network or its resources. Such acts include,
but are not limited to:
Hacking/Violation of
Privacy/Unauthorized Use:
Attempting to access the
accounts of others;
Penetrating or attempting to penetrate security measures
of other computer systems,
whether or not the intrusion results in
corruption or loss of data; actual or attempted unauthorized entry and/or use of
another company’s and/or individual’s computer system.
This list is
representative of prohibited activities and is not all inclusive of future
violations. Any of the above acts, or similar acts will result in immediate
termination of your service.
Abusive
E-mail:
E-mailing in bulk, whether
solicited or unsolicited, is prohibited. Sending unsolicited commercial E-mail
(UCE) to multiple recipients, or any other activities that negatively impacts
our mail systems performance will not be tolerated. Examples of prohibited
behavior include:
Posting of messages to newsgroups that is irrelevant or blanket
posting/cross-posting of messages to multiple newsgroups;
Malicious
impediments to another person’s use of electronic mail services or news media
(e.g. Mail Bombing);
Forging any message header, in part or whole, originating or passing through
the Real Easy Internet Service Network;
Ponzi Schemes, Chain
letters, or Pyramid Schemes;
Network Resource Abuse:
The
following are prohibited:
Intentional distributions of
software that attempts to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems;
Use of software or any device that would facilitate a continued connection
with the Real Easy Internet Service Network,
including, but not limited to pinging.
This list is representative of prohibited activities and is not all inclusive
of future violations.
Real Easy Internet Service has a zero-tolerance for E-mail and Network resource violations.
Violators accounts will be promptly terminated without notice.
Third Party
Liability:
All Real Easy Internet Service subscribers and any third parties using
their Real Easy Internet Service access account
are responsible and accountable for any activity that violates this Acceptable
Use Policy.
Disclaimer:
Real Easy Internet Service does not assume liability for our subscribers
violation(s) of this policy.
Real Easy Internet Service reserves the right to make changes to this
policy without prior notification to subscribers. |
Email
Policy
NOTICE...........Any Violation(s) of This
E-Mail Policy Will Result In Immediate Suspension or
.......................................Termination of Your
Account.
E-Mail Abuse respond to
: abuse@realeasynet.com
Real Easy Internet Service maintains a zero tolerance for Spam.
Spam is the Internet equivalent to junk mail or unwelcome telemarketers
calls. Whether solicited or not, bulk e-mailings cause tremendous strain
on our Network resources. Some courts have even held Spam to be an illegal
trespass to an Internet Service Provider's property. In Internet culture
(Netiquette), sending Spam is fiercely frowned upon. In fact, if we do
not strictly monitor it, our upstream Internet access providers will disconnect
us from the Internet for allowing Spam to be passed through our Network.
Spam costs all ISPs - including Real Easy Internet Service and those additional
costs ultimately translate into either increased access costs for you,
or in degraded Internet access service. Neither of these is desirable for
Real Easy Internet Service.
For these reasons, we prohibit all forms of e-mail abuse, including, but
not limited to, the following:
Unsolicited E-Mail:
Posting of messages to
newsgroups that is irrelevant or blanket posting of messages to multiple
newsgroups, or distributing, via our Internet e-mail servers, chain letters or
"junk" e-mail or unsolicited e-mail of a business or commercial
nature;
Mail Bombing/Flaming/Harassing
E-mail:
Malicious impediments to
another person’s use of their electronic mail services or news media by sending
them e-mail numerous times in succession (e.g. Mail Bombing); any mail that is
sent to another that is annoying, harassing, threatening, or otherwise
malicious;
Fraudulent E-Mail:
Forging any message header,
in part or whole, originating or passing through the KA Services
Network.
Please Remember:
You May Become the Target of
Spam as a Result of Electronically Registering a Product, Signing Up For Product
Updates or Otherwise Opting in to an E-Mail list.
E-Mail
Aliases:
An e-mail alias is the name before the @ in your email address (e.g. yourname@realeasynet.com).
The primary e-mail alias is also used as your log-in name. The aliases
are issued to you by Real Easy Internet Service, and are the sole property
of Real Easy Internet Service. When you are assigned your e-mail alias(es),
you are given non-transferable, limited license(s) to use the alias(es)
for so long as you keep active your Real Easy Internet Service access account(s)
associated with the subject alias(es).
Real Easy Internet Service will not issue an e-mail alias that clearly
infringes on another's trade or service mark.
We reserve the right to revoke or rescind any email alias issued to you,
if after it is issued to you,
we become aware that it may be an infringement.
If you surrender the use of an e-mail alias back to Real Easy Internet Service, we are not obligated to hold it for you.
Upon surrender, we will impose a 60-day internal hold on the alias before
it is made available to
Real Easy Internet Service Network users.
E-Mail Storage
and Retention:
We recommend that you set up your e-mail client (i.e. Outlook Express) to remove e-mail messages from our mail server when they are retrieved. However, if you elect to store your read e-mail on our servers, there is a 3-megabyte (MB), 30-day limit.
We will purge all messages over 3 MB or over 30 days old.
Privacy Policy
We are committed to protecting your privacy while you are connected to
the Internet.
This policy outlines how real Easy Internet Service handles information you to us,
as well as facts you need to know to protect your privacy during your online
experience.
We hope that this policy demonstrates our commitment to you and your experiences
on the Internet.
Please read this Privacy Policy carefully.
Remember that no network systems or computers are completely secure.
We do not guarantee the security of data on the Internet, including "secure"
servers.
Use your own common sense. In many cases, the same rules that apply to
everyday life apply to the Internet.
REAL EASY INTERNET SERVICE Customer Information
Disclosure:
Real Easy Internet Service collects and stores customer information in
many ways
Real Easy Internet Service will not sell, trade, or disclose to third parties
your customer information
derived from the registration for or use of an real easy Internet Service
online service
including customer names and addresses without your consent.
When Real Easy Internet Service uses others to perform services on its behalf,
Real Easy Internet Services will ensure that the company protects your
customer information consistent with this Policy.
If Real Easy Internet Service includes your name and any other customer information in a customer directory
that Real Easy Internet Service creates from information we receive as an online service provider,
we will give you the opportunity to opt out of participation in that directory.
Business directories that Real Easy Internet Service creates may, however,
contain information obtained from other sources.
Customer
Choice:
You may choose not to receive direct marketing communications from Real
Easy Internet Service in connection
with Real Easy Internet Internet online services. You may communicate that
choice by e-mail.
Usage Data:
Real Easy Internet Service servers automatically gather information about
which sites customers visit on the Internet
and which pages are visited within a Real Easy Internet Service Web Site.
We do not use that information except in the aggregate.
Security:
Real Easy Internet Service has implemented technology and security features
and strict policy guidelines
to safeguard the privacy of our customer's information from unauthorized
access or improper use,
and we will continue to enhance our security procedures as new technology
becomes available.
E-mail Contents:
We will not read or disclose to third parties private e-mail communications
that are transmitted using Real Easy Internet Service
services except as required to operate the service or as otherwise authorized
by law.
Improper
Conduct:
Real Easy Internet Service may also use customer identifiable information
to investigate and help prevent potentially
unlawful activity or activity that threatens the network or otherwise violates
the customer agreement for that service.
Please Remember
That You May Become the Target of Spam as a Result of Electronically Registering a Product
Signing Up For Product Updates or Otherwise Opting in to an E-Mail list.
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