Terms of Use Policies

Table of Contents:

Definitions
User Rules and Responsibilities
Illegal Activities
Net Abuse
Intellectual Property
Residential Homepages
Billing Policies and Procedures

 

Culcom.net is the name for the Internet Service Provider (ISP) operating as culcom.net (Culcom, LLC.)

You, as a user of culcom.net, and any users of your account, agree to the following terms of the Residential Service Agreement (RSA) and this Bulletin Agreement (BA). If you do not agree to these terms, contact us immediately. The terms of the RSA and BA may change at any time. The effective date of these terms is at the time of posting of this BA. Please check this page frequently for any updates.

Definitions

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1. Customer is the person or organization who receives services from the Company.

2. Company offering services to the Customer is Culcom.net (Culcom, LLC.) 514 W. Jefferson Street, Culver, Indiana 46511

3. Use: Being physically present at your terminal. Remaining logged in while periodically polling your email but not actively performing other outbound/inbound activities is not an acceptable use of our service.

4. Unlimited access: The ability to logon to culcom.net at anytime without hourly fees for any use, which is consistent with this policy, and the RSA. Culcom.net reserves the right to time-out a customer's connection after 10 minutes of inactivity or after 5 hours of continuous use. If you are disconnected because of a time-out, simply log-on again. Culcom.net reserves the right to restrict access to users who are deemed to be using the services excessively and may terminate the account at it's own discretion without notice. Culcom.net reserves the right to restrict a customer's access when his/her total monthly usage exceeds 500 hours. (Please note that this equals over 16 hours per day) Customers, who continuously remain logged on for 5 hours or more, will receive warnings to refrain from this activity. Disregard for these warnings, may result in termination of the user's account.

5. User: The account holder or any member of their immediate family residing at the service address.

6. Netiquette: Netiquette is the rule of good behavior on the Internet. Disregard of this rule is a violation of Culcom.net policy. All users should refer to the NET ABUSE section of this policy for an explanation of possible consequences for such behavior.

7. Service: Subject to all of the terms and conditions herein provided the Company agrees to provide to the Customer reasonable access to the Internet as determined by the Company from time to time.

8. Personal Web Page: A personal web page can be made available by the Company upon request, for the Customer to create and use his or her own personal homepage for the transmission of information to others over the Internet. This service is restricted to personal use only and excludes commercial use. All users should refer to the Residential Home Pages section of this policy for further explanations and clarifications.

9. Manner of Use: In using the service, the Customer agrees to use the service in a courteous and co-operative manner, and so as not to abuse the service or the custom and user etiquette in place from time to time respecting the use of the Internet, and so as not to violate or affect the rights of others, including, but without limitation, that the Customer agrees not to use the service so as to violate the law, or to misuse the proprietary information or property of others for his or her own purposes or otherwise, and not to make publications which are threatening or defamatory or otherwise injurious to the business or reputation of others.

10. Term: This Agreement is for an initial term of one month (prepaid) which shall automatically renew each month for a further month unless terminated by the Customer or the Company. Five days written notice prior to the end of the term must be given by the Customer for termination. Two weeks notice prior to the end of the term will be given by the Company for termination without cause. No refunds will be given for partial terms, or the initial registration fee.

11. Termination by Company for Customer's Breach: In the event that the Customer breaches this Agreement, the Company may terminate this Agreement and the service to the Customer immediately for cause, in which event the Company will notify the Customer by voice and e-mail.

12. No Representations or Warranties by Company: The Company makes no representations or warranties of any nature whatsoever, whether express or implied, with respect to the provision and the installation and use by the Customer of any computer programs and software and associated manuals and information provided by the Company or on its behalf from time to time, and with respect to the use of the Internet access service and any other services provided by the Company or on its behalf from time to time, including, without limitation, any representation or warranty with respect to the network transmission capacity of the commoncarriers used by the Company, and further including, without limitation, any representation or warranty with respect to accuracy or quality, and the implied warranties of merchantability and fitness for a particular purpose. All items are supplied on an "as is" basis, and all uses are at the Customer's own risk.

13. Limitation of Liability: In any event the Company will not be responsible or liable to the Customer or others for any claim, loss, damages, liability or expenses the Customer or others may suffer or incur as a result of or arising out of or in any way connected with the computer programs and software or the services provided herein, or any use thereof or interruption therein, whether through act or omission, negligence or otherwise, and whether direct or indirect, including, but not limited to, incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if the Company has been advised of the possibility of such claim, loss, damages, liability or expenses by the Customer or others. The Customer assumes all responsibility and liability with respect to the content of any information transmitted to others over the Internet including, without limitation, information placed by the Customer on his or her own personal homepage. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, any determination by a court of competent jurisdiction of liquidated damages owing by the Company to the Customer shall be limited to one month's user fee only.

14. Force Majeure: The Company shall not be liable for any data or software damage or loss, or any service default or breach of this Agreement due to a cause beyond its control including, but not limited to, acts of God or the elements.

15. General Provisions: This Agreement shall be governed by the laws of Indiana. It may be modified solely by the Company on two days notice published on the Company's web site or sent by Fax or E-Mail to the Customer. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiverof any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. The Customer shall be responsible for all of the costs and expenses including, but not limited to, reasonable egal fees and disbursements incurred by the Company in connection with any legal or other proceedings brought by the Company against the Customer related to this Agreement. Neither this Agreement nor any rights here under may be assigned, transferred, shared or delegated by the Customer without the prior written consent of the Company given by e-mail or fax.

16. Customer Indemnification of Company: The Customer shall indemnify and save the Company and its affiliates and their officers and employees harmless from and against all claims, loss, damages, liability or expenses the Company and its affiliates and their officers and employees may suffer or incur directly or indirectly arising out of, resulting from or in connection with the Customer's use of the computer programs and software and the services provided herein including, but not limited to, violations of the law or the rights of any person or entity.

17. Customer Acceptance of Terms and Conditions: By installing the Internet access kit and any other computer programs and software provided by the Company or on its behalf from time to time into your computer and accessing the Internet and commencing and continuing to use the Internet through any of the services provided herein, you accept all of the terms and conditions of this Agreement as stated above, and you agree to abide by all of the rules set out below, which may be changed by the Company from time to time by notice published on the Company's web site or sent by e-mail or fax to the Customer.

18. Customer is End User: The Customer warrants to the Company that the Customer is the end user of the computer programs and software and the services provided under this Agreement.

User Rules and Responsibilities

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The following rules of usage for Culcom.net users are intended to facilitate and insure the easiest, widest range of accessibility to the Internet through our service:

1. Responsible Use: Culcom.net is not responsible for the content of any data originating from our users. You, the account holder, are exclusively responsible for the content of any and all information you or any user of your account may transmit in any format or form.

2. Multiple Users: Concurrent, multiple-user logons on the same account are prohibited by culcom.net. In addition, the account holder is responsible for the activities of any user permitted to use your logon. Multiple members of the same household are permitted to use the same account, but not at the same time (simultaneously).

3. Resource Conservation: Neither Culcom.net, nor any other Internet Service Provider, has unlimited resources (server capacity, modems, disk space) available. Considerate, responsible and mature use of your user privileges permits the widest, most equitable use of our facilities and resources by all of our customers.

4. Email Privacy: Culcom.net cannot guarantee that any transmission or communication is truly confidential or private.

5. Customer Privacy: Culcom.net will not release to individuals any information which you provided in your Account Application including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided unless required to do so by law or in case of emergency.

6. Censorship: Culcom.net does not, as a general rule, practice any form of censorship. (Censorship is understood to mean examination of materials prior to its public posting.) You, the user, are responsible for censoring any information you find offensive, obscene or objectionable.

7. Information Integrity: The risk as to quality, performance and accuracy of any information or software obtained through our service is exclusively with the user. Culcom.net does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data.

Illegal Activities

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All illegal activities will result in the immediate termination of user privileges and possible criminal and civil prosecution. The user specifically agrees to indemnify culcom.net, for any losses, costs or damages including reasonable attorney's fees incurred by Culcom.net, relating to or arising out of any breach of this section.

Unlawful Use: Culcom.net is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. Copyrighted, patented or trade-marked material are subject to the Intellectual Property Provisions of this Policy.

Obscene material, material of a threatening nature or liable to cause civil unrest, or material protected by trade secret are not permitted to be transmitted.

Chain Letters: The same statute which prohibits this activity through the United States Postal Service prohibits it from the Internet. Culcom.net will cooperate fully in the prosecution of any customer so engaged.

Hacking:

  • 1. Knowingly accessing Culcom.net computers without authorization or exceeding authorized access.
  • 2. Attempting to gain access to or to modify any other user's account.
  • 3. Interfering with or attempting to prohibit, restrict or alter the normal operations of culcom.net or any other ISP or provider. Hacking will result in the immediate and permanent termination of your user privileges.
  • 4. Trespass: The use of another user's account without their permission is considered trespassing and, as such, an illegal activity. This is also contrary to Culcom.net policy if the user is not of the immediate, resident family.
  • 5. Forgery: The use of another user's email name and/or password with the intent of assuming their identity is an illegal activity.
  • 6. Law Enforcement: Culcom.net will fully co-operate with any Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving Culcom.net's customers or its service.

Net Abuse

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The following activities are prohibited by Culcom.net and will result in a two-tiered response from Culcom.net. The first such incident will result in temporary suspension of user privileges and a written or verbal warning. A second incident will result in the permanent discontinuance of the user's account without additional warning.

Note: In certain cases, immediate termination of a customer's account may result due to the severity of the incident and resources required to correct the abuse. No prior warnings will be issued.

Unsolicited Email: The mailing of unsolicited, unwelcome and undesirable email to one or more users (not necessarily on Culcom.net's domain), which is often confused with spamming, is prohibited by Culcom.net. It is also considered poor netiquette.

Line Camping, e.g. being connected for excessive periods of time. Customers, who continuously remain logged on for 10 hours or more, will receive warnings to refrain from this activity. Disregard for these warnings, may result in immediate termination of the user's account.

Multiple Users: Concurrent, multiple-user logons on the same account are prohibited by culcom.net. In addition, the account holder is responsible for the activities of any user permitted to use your logon. Multiple members ofthe same household are permitted to use the same account, but not at the same time (simultaneously).

Spamming: Spamming is defined as mass cross-posting to Usenet newsgroups. It is also defined as the posting to multiple-newsgroups or postings of non-relevant, nuisance articles. It is poor netiquette, and not permitted by culcom.net.

Bots and Clonebots: A malicious connection(s) to an IRC Network with the intent to slow down, flood off, or deny other users access to an IRC network. While consuming enormous bandwidth and resources on our machines, this activity denies legitimate users access to IRC networks and eventual banishment from the IRC network(s) involved. This activity will result in the immediate, permanent and unforwarned discontinuance of the offending customer's service.

Flooding: The result of operating bots and clonebots which spew control characters and arbitrary garbage with the intent of forcing legitimate users off an IRC channel. This activity will result in the immediate, permanent and unforewarned discontinuance of the offending customer's service.

Ping Bombs or Floods: Continuously pinging another user, primarily in IRC, with the intent of flooding that user off the network or crashing their machine. This activity will result in the immediate and permanent termination of the offending user's account.

Harassment: Badgering, bothering, taunting or other offensive behavior towards another user either through email, IRC groups, Usenet or other electronic means. This activity may border on criminality depending upon circumstances and could result in the immediate termination of a customer's user privileges.

Spoofing: Usurping or assuming the IP Address of another user. This action not only deprives the rightful owner of that IP Address the use of it but also is considered a hostile act by culcom.net and subject to immediate and permanent termination of the offender's account.

Profanity: Vulgar, sexually-suggestive or obscene language, graphics or pictures are prohibited by Culcom.net in any public forum which specifically bans such activity, including Usenet, newsgroups, BBS, BBS registrations, IRC groups, Web pages, etc.

Commercial Use: Commercial use of a residential Web Page is prohibited by Culcom.net. The offending page must be altered or removed upon a warning being issued or access to it will be denied.

Commercial Postings: Commercial postings to Usenet newsgroups, except those in which it is specifically permitted, is prohibited by Culcom.net.

Impersonation: Attempting to impersonate an IRC Operator, Sysadmin or assume the identity of another individual is prohibited by Culcom.net.

Intellectual Property

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Culcom.net subscribers have access to a vast quantity of information on the Internet. Some of that information is the intellectual property of others which carries restrictions on its copying and use. Intellectual property rights are held by the owners/creators of work and are protected by copyright, trademark and patent law. Many works include the symbols to designate copyright, tm; to indicate trademark, and to indicate a registered mark. The lack of any symbol, however, does not mean that the work is not protected by law. Subscribers who use Culcom.net services from computers within Culcom.net's domain (hostname or address may include .net or Culcom.net.net) must not copy, use, or distribute copyrighted or trademarked works of others without the expressed permission of the right holder.

If you believe that your intellectual property rights have been violated by a Culcom.net user on Culcom.net domain, send notification to rich@culcom.net. The written notification shall include the following:

  • 1. The Internet address (web page address, e-mail, etc.) of the alleged violator so that Culcom.net can find the posting.
  • 2. Documentation demonstrating that you have contacted the alleged violator and requested that the violating material be removed.
  • 3. Proof that you are the holder of the copyright, trademark, etc., including registration number, a copy of the work infringed and a certification, under oath, that the work your property, that your rights in the work have been violated and that the alleged infringer's use of the work is not capable of a defense.When Culcom.net receives the notification, culcom.net will contact the alleged infringer and request a response. If Culcom.net determines that the complaining party has raised a legitimate complaint, the offender's page will be disabled until it is altered. If Culcom.net determines that the complaining party has not raised a valid claim, Culcom.net will permit access to the page.

Residential Homepages

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Culcom.net provides its customers with a pre-defined about of storage space for Residential Homepages. The purpose of the homepage is to give Culcom.net customers the opportunity to create a page on the World Wide Web. Culcom.net is not responsible for the content of any Residential Home Pages. The account holder is solely responsible and by posting a residential home page specifically agrees to indemnify and hold Culcom.net harmless, including reasonable attorney's fees, for any liability arising out of or connected in any manner to the Residential Home Page. Customers are responsible and are solely legally accountable for all liability including but not limited to defamatory comments, copyright and trademark violations.

Culcom.net does not preview any Residential Home page prior to posting. Culcom.net does not verify, endorse, review or otherwise involve itself in the page before its posted. Culcom.net reserves the right to remove any page from the system without warning.

Content Rules for Residential Home Pages:

The following are prohibited:

- Pages which promote Commercial purposes, for example:

  • 1. Advertising products or services whether for profit or not and for which the owner of the residential page is paid.
  • 2. Display of Advertisements, including banner exchange services and for which the owner of the residential page is paid
  • 3. Conducting raffles, lotteries, or contests which violate federal, provincial or municipal laws and regulations.
  • 4. Yard sale-type items are permitted.

- Pages that are patently offensive including but not limited to bigotry, racism, hatred and profanity.

- Pages that promote physical harm or injury to any group or individual.

- Pages that contain nudity, pornography or obscenities of any kind that violate the laws of Indiana, United States or the Local Municipality.

- Password only and restricted access pages.

- Pages with hidden images or pages.

- Use of the page as storage for remote loading.

- Use of the page that would otherwise violate Culcom.net Bulletin Agreement or Residential Service Agreement

Setup of Homepages:

- Customer must have a PPP/SLIP (Full Access) Account.

- FTP to culcom.net

- Use your regular username and password

- Upload home page html file and any associated files

- Rename home page html file to index.html.

- Your home page may be accessed by entering the following URL: http://www.culcom.net/~[username]

Your home page and associated files counts against the disk space allocated to you for a residential account. Anything over the alloted space will be billed at a rate of $2.00/Mb per month.

Billing Policies and Procedures

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It is advisable to be familiar with Culcom.net's billing rules in order to prevent billing disputes. The sooner a billing problem is brought to our attention, the easier it will be to resolve it to everyone's satisfaction. We are unaware of a problem unless it is brought to our attention by either calling Culver Communications, Inc at 219-842-3675 or emailing rich@culcom.net

  • 1. Payment Terms: The Customer agrees to pay the Company for the services provided in advance, in the amount published by the Company from time to time as its current fee amount for the services provided. Payment shall be made on the 1st day of each term by Visa, MasterCard, American Express, or pre-authorized checking. Should accounts become past due the Company may, at its discretion, disconnect Internet service to the Customer and thereafter will charge a reconnection fee of $25.00 upon the Customer's payment of the full amount then due. Should the Customer not reconnect, the Customer remains liable for the full amount outstanding for the term.
  • 2. Password and/or User I.D. Modifications: Password and/or user I.D. modifications to the Customer's account can be made by the Company upon request.
  • 3. Notice: Notices shall be given by way of e-mail. The Company's e-mail address is: rich@culcom.net.
  • 4. Age Limitation: A customer must be a minimum of 18 years of age in order to subscribe to culcom.net service.
  • 5. Anniversary Date: Each month's billing will be done on the anniversary of the signup date.
  • 6. Billing Begins: Billing for services begins 48 hours (two days) after we receive the customer's application whether it be by mail, voice or fax. Service is always billed in advance not in arrears.
  • 7. Telephone Charges: Culcom.net will not be held responsible for any telephone charges including long distance, per-minute surcharges or equipment costs incurred by the user. These charges are exclusively between the user and the telephone provider. The user should always check first with their local telephone company prior to using any dial-up telephone number.
  • 8. Rate Change: Culcom.net reserves the right to change monthly recurring fees, connection fees, equipment fees or to add new fees at any time with 30 days prior notice. If service has been prepaid, the new charges will not become effective until the expiration of the pre-payment.
  • 9. Billing Disagreement: Any disagreement or dispute concerning a bill must be sent by email to rich@culcom.net within 30 days of the billing date. Charges disputed after this period of time will not be considered negotiable.
  • 10. Credit Card Dispute: A $25.00 Credit Card Dispute (the Credit Card Company chargeback) charge will be applied to a customer's account when that customer disputes a charge with their card company prior to bringing the complaint to Culcom.net's attention. Please, always notify us first of any billing questions.
  • 11. Credit Card Use: A user must not attempt to place an order or make a payment to culcom.net with an expired, false, or unauthorized credit card or credit union information. The fraudulent user's service will be terminated and the user will be prosecuted.
  • 12. Credit Card Payments: When a user wishes to change from credit card payments to monthly/quarterly direct invoicing, it is their responsibility to notify our Billing Department. Culcom.net will not authorize chargebacks to credit card companies if we have not received prior notification of his change in billing procedures.
  • 13. Credit Termination: Culcom.net reserves the right to terminate access to Culcom.net accounts immediately without notice, upon the rejection of any credit card charges, non-payment by the bank or credit union of authorized charges or any other indications of credit problems such as bankruptcy filings.
  • 14. Immediate Notification Required: A user must promptly notify Culcom.net of any of the following changes to:

- Expiration Date of a credit card used to make payments for our services.

- Changes in the Credit Union Account used to pay for our services.

- The user's home or billing address.

- Any suspected breaches of security such as: theft, loss or unauthorized use of a credit card, bank or credit union account or ID or password.

  • 15. Service Termination: Culcom.net reserves the right to terminate access to any culcom.net account immediately, without notice upon rejection of any credit card charges, non-payment by the bank or credit union of authorized charges or any other indication of credit problems such as bankruptcy filings.
  • 16. Termination of Service: A customer cannot assume that their account automatically terminates when their payment remittances cease. Culcom.net requires written notification of termination when canceling our service. (See DEFINITIONS section paragraph 10)
  • 17. Introductory Offer: Culcom.net reserves the right to offer introductory rates and specials limited to new customers only. If you have become a Culcom.net customer within the previous 7 days, you are eligible for the introductory specials.
  • 18. Bankruptcy: Upon notice that a customer has filed bankruptcy, at its option, Culcom.net may terminate service or require that customer pay 2 months advance on future service and a $35 administrative fee.
  • 19. Returned-Check: Culcom.net will charge $ 25.00 for any returned check.

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