1) QcConnect exercises no control whatsoever over the content of the information passing through our computer systems and networks. QcConnect makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. QcConnect also disclaims any warranty of merchantability or fitness for any purpose whatsoever. QcConnect will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via QcConnect is at your own risk. QcConnect specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2) QcConnect services may only be used for lawful purposes. Transmission or solicitation of any material in violation of any United States or state regulation is prohibited. This includes, but is not limited to; copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret, patent, or material that is libelous.
3) Any access to other networks connected to QcConnect must comply with the rules and regulations appropriate for that other network. This specifically, but not exclusively, includes the National Science Foundation Network (NSFNET). Use of QcConnect itself may be for any lawful purpose. Use of QcConnect for lawful commercial purposes is both permitted and encouraged. Connectivity is provided for your use only. Resale or redistribution, of direct Internet Protocol (IP) connectivity to other individuals, companies, or organizations is prohibited.
4) You agree to indemnify and hold harmless QcConnect and its owners from all claims, which are a result of your usage, without limitation.
5) Not withstanding the above, should we be found liable in a court of law for any action or lack of action related to your use of QcConnect computer systems, our liability is limited to the unused portion of your subscription fee.
6) The security of your account, including the password, is your responsibility. All use, which emanates from your account, is considered undertaken by you, unless it can be shown to have been an unauthorized intrusion. You will notify QcConnect immediately if you believe your account has been, or is being compromised.
7) The right to use QcConnect is not transferable. ACCOUNTS ARE FOR YOUR USE ONLY! Loaning your account to others, connecting a system used by multiple persons via any class of service described here and group use of user logins, and consuming more than one modem line are explicitly prohibited. Violation of this policy will be dealt with as theft of service and will result in back billing at organizational rates to the inception of your subscription. QcConnect may also prosecute these violations under civil and criminal law. We are interested in provocatively working with you and coming to mutually agreeable terms for multiple user accounts, and do have organizational rates available to groups, BBS systems, and companies. Please contact us if you need to discuss specific connectivity requirements.
8) Service is invoiced (if approved) in advance and my be canceled in writing by letter, E-mail, or FAX, with 30 days notice, no penalty, and shall terminate at the end of your account period. QcConnect reserves the right to change rates by notifying you 60 days in advance of the effective date of the rate change.
9) You agree to pay all subscription fees, service fees, or merchandise purchases according to the payment method and rates selected by you. Payment is due 30 days after date of invoice. Accounts are in default if payment is not received within 30 days after date of invoice. If your check is returned to us unpaid, you are immediately in default, and we will bill you for a returned check charge of $25, plus the late payment charges. QcConnect has the right to instantly terminate service for any unpaid or partial paid subscriptions. Such interruption does not relieve you from the obligation to pay the charge. Only a written request to terminate your service relieves you of your obligation to pay the account charge. Accounts in default will be billed a late payment charge of $10 and an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay QcConnect its reasonable expenses, including attorney and collection agency fees incurred in enforcing its right under these Terms and Conditions.
10) Payments to QcConnect are non-refundable. No refunds shall be given for canceled accounts, returned merchandise or PPP installations unless the account, merchandise, or installation was clearly defective.
11) In the event of account termination for any reason, the customer agrees not to hold QcConnect liable for any damages or inconvenience associated with QcConnect deletion of the account.
12) You are responsible for providing any and all equipment, soft ware and telephone services needed to access the QcConnect system.
13) QcConnect will attempt to maintain 99% uptime. Unscheduled shutdowns may occur without prior warning. We will attempt to inform each customer by E-mail and/or the system "message of the day" facility of planned shutdowns 7 days before they occur. The customer waives all liability regarding damages involved from shutdowns or loss of materials that might occur in our normal operations. Scheduled shutdowns are as needed, each night at 3:00am until 4:00am for Domain Name Service (DNS) updates and to remove any hung process. Our weekly system maintenance period is as needed, each Sunday from 4:00am until 6:00am, for system patches, backups, system configuration changes, etc.
14) Minor accounts (those under 18 years of age) will not be activated until we receive a signed parental agreement form.
15) Electronic Communications Privacy Act (ECPA) Notice: We reserve the right to monitor any and all communications through or within the QcConnect facility. QcConnect facilities are NOT to be considered a secure communications medium for the purposes of the ECPA, and that no exception of privacy is afforded.
16) You agree not to obstruct the systems identification procedures in electronic communications that you initiate. Anonymous services may be used, provided that you do not attempt to impersonate others.
17) The transmission of unsolicited advertising through mass (SPAM) electronic mail, Users Network (USENET) postings to inappropriate groups, or other direct transmission is strictly prohibited. However, posts to appropriate USENET groups as well as general commercial use of QcConnect is encouraged.
18) You will not abuse the system and its resources, including any quotas on disk usage that may be imposed and policies on the use of resources (such as USENET), which reach beyond this system. You agree not to attempt to violate the security of this system or its authentication and accounting procedures.
19) You will not attempt to flood the network or compromise the security or integrity of sites and equipment connected, directly or indirectly, to the Internet by virtue of traffic volume or other access metric.
20) You will not make any deliberate attempt to cause traffic levels to QcConnect or other networks to rise without reason or for malicious purpose. Examples of this include, but is not limited to transmitting large files to people for malicious or vicious purposes, mail bombing, transmissions intended to raise the cost of another network provider's access through excessive traffic levels, etc.).
21) You will not engage in any cracking or system compromise to which a QcConnect system or network facility is a part or in any way involved.
22) You may not use any user-compiled software on our servers, which accesses the Internet prior to its being cleared for use by QcConnect management. This includes facilities such as route tracing, divergent-path name lookup systems, etc. This restriction exists to limit the load we place on our network and will be strictly enforced.
23) You agree not to attempt to defeat any idle timer or system tool intended to prevent your connection from being nailed up continually. This includes, but is not limited to, ping-bot or other methods of avoiding timed disconnection.
24) If in doubt about the affiliation of sites and any acceptance use policies that may apply, please contact our office or send e-mail to Admin@QcConnect.com prior to accessing the resource in question.
25) We will cooperate fully in any investigation which is requested by parties alleging to be impacted by your behavior while using QcConnect, and reserves the right to turn over any evidence of illegal activity which we discover in these investigations to the appropriate authorities.
26) QcConnect reserves the right to change the terms and conditions at any time, as well as the services offered. Posting of the new terms and conditions, or service changes on the system in a conspicuous place shall constitute proper notice.
27) You agree to notify us if you move or otherwise change your mailing address. You further agree to provide a regular postal address, which is your primary legal residence. QcConnect will not disclose this information to any third party, except upon the presentation of a valid warrant or court order. We reserve the right to use this information for internal QcConnect purposes and to advise you of new service and product offerings by QcConnect or its subsidiaries. We do not sell our mailing lists to other companies without subscriber consent.
28) Violations of any of the terms and conditions of service may result in the immediate, no-notice cancellation of your subscription and the forfeiture of the remainder of your subscription fee. Serious violations may result in civil or criminal prosecution.
29) QcConnect may discontinue any or all classes of service at its discretion. Should QcConnect exercise this right, subscribers with more than a one-month subscription remaining will receive a prorated refund. Monthly subscriptions are not refundable under any circumstances.
30) These Term and Conditions supersede any and all previous representations, understandings and agreements. These Terms and Conditions shall prevail not withstanding any variance with terms and conditions of any order submitted.
31) By using your account, you agree to all the terms and conditions contained therein.