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THIS
SERVICE AGREEMENT AND USE POLICY ("Agreement"),
governs access to and use of facilities, services or resources ("Services", as
hereinafter defined) owned and operated by Chaska.net ("Chaska") and this
Agreement is considered to be entered into and binding upon Chaska and any User
(as User is hereinafter defined) by accessing and/or using the Services User
acknowledges and assents to be bound by the policies, terms and conditions set
forth herein in their entirety, without limitation or qualification, as well as
all applicable laws and regulations, in the same manner as if User had
handwritten User's name on a contract.
DEFINITIONS
"Agreement" means this Service Agreement and Use Policy in its
entirety.
"Chaska" means Chaska.net which is a division of the City of
Chaska, or the City of Chaska depending upon how the word is used.
"Service
or Services" shall mean any data
connection to the Internet, e-mail account, web hosting space and any other
Internet-related items. "User" means any person, company, employee, agent, officer,
director, member, successor or assign of any company accessing or using the
services contemplated by this Agreement and under the terms of this Agreement
may be referred to as User, You, Your, etc.
"Facilities" means any device, transmission
method, equipment location, center, transmission towers and access points owned
and operated by Chaska.
"Account
or Subscription" means either a "Business Account" or a "Personal Account".
"Business
Account" is an account held at a
business address for the purpose of conducting business.
"Personal
Account" is an account for use by an
individual for purposes other than business.
"Processes"
means bots, server processes such as
ftp, telnet, http, ssh, smtp, pop3, etc. running on an automatic or manual
basis.
"Commercial
Web Pages" are web pages promoting or
advertising a service, product or an entity for sale or hire.
"Modem"
means a wireless bridge, PCMCIA card.
DISCLAIMER
Chaska
exercises no control over the content of the information passing through
Chaska. As a User, User is fully responsible for the privacy of, content of
and liability of User's own communications. Persons or organizations,
including Users who publish materials and information which are accessible
through Chaska are solely responsible for the content of such material and
information and are solely responsible to know and comply with all laws
applicable to the publication of such materials and information. Chaska does
not accept responsibility for the content of materials and information
published by others which are accessible through the Chaska networks and Chaska
will not and shall not be responsible for the violation of any laws resulting
from such publication.
With
the exception of information specifically authorized by or created by or on
behalf of Chaska, Chaska does not develop or publish, nor does Chaska review,
censor or edit the materials and information which are accessible through
Chaska, or the materials and information which are accessible through other
computer networks which may be connected to Chaska. Chaska does not censor,
limit or control the information that comes in or out of Chaska's system,
except in accordance with the provisions of this Agreement and applicable law.
An
Account shall be held in the name of a User identified on the Chaska utility
bill.
Your
Account may be used by yourself, members of your immediate family or an
Authorized Representative of your company. Use of your Account by someone
other than yourself, your family members or an Authorized Representative of
your company may cause your service to be terminated.
Processes
run by your Account must be run interactively. Unattended processes will be
terminated.
Operation
of bots, port scanners or denial of service (DOS) tools and spamming are also
strictly prohibited.
Chaska reserves the right to refuse services for
commercial or residential web pages based on content or resource utilization.
CHASKA SERVICES
Chaska
Services are provided on an available basis and Chaska makes no warranties of
any kind, whether express or implied, in connection with the products or
Services provided hereunder. CHASKA SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither Chaska nor any of
its officers, employees, directors, agents or staff shall be responsible for or
liable for any damages you may suffer or others may suffer, which arise out of
or relate in any way to this Agreement or the use of services of others
provided hereunder. This includes, but is not limited to, any liability for
lost profits, loss of opportunity, loss of data, or any other loss including
that which may result from any use, misuse, delay, non-deliveries, missed
deliveries, service interruptions, negligence, errors or omissions. Use of any
information obtained via Chaska's network is at User's own risk. Chaska
specifically denies any responsibility for the accuracy or quality of
information obtained through Services.
It
is the responsibility of all Chaska Users and their family members or
Authorized Representatives or any others who have access to Chaska and the
Services provided pursuant to this Agreement and to the networks of other
providers, to comply with the Chaska Service Agreement and Acceptable Use
Policy and the acceptable use policies governing those networks. It is the
responsibility of all Users and others who have access to Chaska to:
*Use Chaska's Facilities, Services
or resources in a manner which does not violate any applicable laws or
regulations;
*Respect the privacy of other Users
and to not intentionally seek information on, obtain copies of or modify files,
other data or passwords belonging to other Users without permission;
*Respect the legal protection
provided by copyright, trademark, licenses and other laws to programs, data and
documents. Users may not upload to Chaska any data or software that is subject
to distribution or copyright limits. Users have the sole liability for any
data or software uploaded to Chaska;
*Minimize un-authenticated or
anonymous access accounts and the transmission or distribution of messages or
articles from those accounts;
*Use Chaska's Facilities, Services
or resources in a manner which does not interfere with or disrupt other network
users, services or equipment. Such interference or disruption includes, but is
not limited to:
*wide-scale distribution of
messages or unsolicited e-mail (spam) to inappropriate forums, mailing lists or
e-mail addresses through Chaska or another provider.
*using an account on Chaska as a
mail drop for responses to spam, or using spam to draw attention to a web site
housed within Chaska's networks or on a server connected to Chaska's networks;
*propagation of computer worms or
viruses;
*use of the network to make
unauthorized entry to other computational, information or communications
devices or resources. This includes unauthorized security probing activities
or other attempts to evaluate the security integrity of a network or host
system without permission.
*knowingly or unknowingly
maintaining an open proxy server or mail server connected to Chaska's networks
with allows unauthenticated access or an open mail relay; or any server process
such as http, httpd, https, ftp, telnet, ssh and any other such processes and
Chaska.net will conduct regular scans to detect these processes and will take
steps to terminate the process if found.
Unless
under contractual obligation, Chaska Users have the right to cancel their
Accounts at any time, for any reason.
Chaska
reserves the right to suspend and/or cancel any Chaska Account in accordance
with the provisions of this Service Agreement and Acceptable Use Policy or for
any reason not prohibited by law.
If
your Account is suspended or interrupted, you are not relieved of the
obligation to pay the monthly account charges. Only a written notice to cancel
this Agreement relieves you of future charges. If you send us written notice
via e-mail we will contact you or your Authorized Representative by phone to
confirm your decision to cancel this Agreement. If you cancel this Agreement,
payments for pre-paid months beyond the current month shall be refunded, less a
cancellation fee unless under contractual obligation.
User
will be provided with a modem at Service inception which modem shall remain the
property of Chaska. Upon termination of Services for any reason, modem must be
returned to Chaska within ten (10) days of termination of Services. Failure to
return modem or return of a damaged bridge will incur a $150.00 equipment fee
plus state sales taxes.
All
Accounts will be billed monthly for service in advance and same shall be billed
with the monthly Chaska Utility Bills. All invoices are due and payable as set
forth on the Chaska Utility Bill statement. The billing cycle shall be monthly.
Service may be terminated for non-payment.
Chaska
may terminate unattended or inactive connections. The User shall be
responsible for any connection overage charges resulting from extended usage or
failure to disconnect.
Each
Chaska User shall be responsible to distribute, publicize and enforce the
Chaska Acceptable Use Policy at their sites. In addition, each Chaska User
shall provide this policy to appropriate administrative authorities at all
sites connected to theirs via connections not directly supported by Chaska.
It
is acknowledged that Chaska does not review, censor or edit the materials and
information which is accessible on Chaska's network or other networks which may
be connected to the Chaska network; and, if Chaska becomes aware that a User is
in violation of any law or this Service Agreement and Acceptable Use Policy,
Chaska reserves the right to terminate service and any evidence of illegal or
prohibited activities by User may be disclosed to the proper law enforcement
authorities.
This
Agreement is strictly confidential and is not transferable or assignable
without prior written consent of Chaska. User agrees that any change in
liability for any debts incurred to Chaska due to a change in User's form of
business shall not be effective as to Chaska unless and until Chaska receives
actual notice of the change by certified mail.
In
the event Chaska should commence any action or actions or otherwise seek to
enforce this Agreement against User, User agrees to pay reasonable attorney(s)
fees, court costs, collection fees and other expenses incurred by Chaska,
whether or not suit is actually filed.
Service
by any User may be requested in the following manner: (i) execution of an
order form; (ii) completion of an order entry web page; or (iii) submission of
another form of oral or written request for service; and any such request,
regardless of form, will be confirmed upon Chaska's acceptance of such request,
by a Service confirmation statement provided to User by Chaska. The following
terms and conditions govern all dealings between Chaska and the User with
respect to all products and services furnished or to be furnished to User by
Chaska. Additional terms and conditions applicable to particular products and
Services may appear on any corresponding order form, order entry web page, or
service confirmation statement. The term "this Agreement" refers to and
includes the terms and conditions contained in this sheet along with any
applicable order form, order entry web page or Service confirmation statement.
By
signing the order form, clicking the I ACCEPT button on the order entry web
page or by keeping and/or using the Services, User acknowledges and agrees to
the terms and conditions contained in this Agreement. If User does not agree
to all of these terms and conditions, it must discontinue use of the Services
and promptly notify Chaska of its rejection of the terms and conditions.
Chaska reserves the right to change, modify and/or remove portions of these
terms and conditions at any time. Chaska may, at its discretion, provide User
with a written notice of any such changes, and post the changes on Chaska's web
site (Currently accessible at http://Chaska.net). For accounts of a term other
than month-to-month, the version of this Agreement in effect as of the date of
initiation of the initial term or any renewal term shall apply to the
applicable term and this Agreement may be modified only upon the separate acknowledgement
of such modifications by User.
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