Last modified June 2000
The Internet is a collection of interconnected computer networks from around the world that share information and files, providing a wealth of information on nearly any topic you can imagine. The Internet can be used to talk with friends, conduct business and perform research, among many other functions.
These Rules and Regulations, together with the Member Service Agreement (hereinafter the "Agreement"), define the terms and criteria for membership with Vance Net and the protocols for proper usage of your member account.
The Internet is shared among millions of users. Each user of the Internet must bear responsibility for proper usage of the Internet to all other users. Vance Net cannot, and has no intention to, supervise or edit information or data stored on or transmitted over its computer network system (the "Vance Net System"), although improper usage of the Vance Net System may result in termination of your member account and deletion of all data and information stored by you on the Vance Net System. We ask you to use good judgment in using the resources of the Vance Net System. A flexible, friendly atmosphere can be achieved and maintained if everyone uses the Vance Net System with care.
Vance Net (the "System") consists of computing and information services and software, information and other content provided by Vance Net. In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the System. These Rules and Regulations are provided to make on-line information usage and communications a positive and secure experience for subscribers.
These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
These Rules and Regulations are part of the terms of your Service Agreement with Vance Net, and you are bound by them. Vance Net may modify these rules at any time by publishing the modified rule(s) over the System and by sending copies of the revised Rules with their regular monthly mail communications with Subscribers.
Your right to use the Vance Net System is personal to you. You may not assign, sell or transfer your member account without prior authorization from Vance Net.
Do not use your member account to feed a Local Area Network or any other network with information processing data. Access to the Vance Net System is limited to single host communication.
You can choose any login name for your member account provided there is no duplicates in the user name list. Your login name is subject to technical limitations of the system (restricted to a maximum of eight characters). Your login name will be how others will identify you on the Internet, and will always appear in your news group posting, for forwarding electronic mail, and for any other purposes of receiving information on-line through the Vance Net System. Vance Net reserves the right, however, to maintain certain user names for internal uses only.
Subscribers shall not take any action to hinder, delay, damage, undermine or disrupt the Vance Net System or any components or peripherals thereof, or any other member's use of the Vance Net System or the confidentiality of any other member's data or information stored on the Vance Net System.
Standard business dial-in accounts are for commercial, non-transferable, casual use. You agree not to use shared resources to such a degree that such use adversely impacts the availability of the network. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Standard business users agree that at no time will you maintain more than one simultaneous modem connection.
Business customers who require on-demand or permanent connections may do so by setting up their account with resources dedicated to their use. Likewise, business customers may also choose ISDN connections in lieu of analog modem access. These enhanced services are available for additional charges.
You agree that Vance Net may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat idle time-out.
Copyrighted material must not be placed on the System without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the System.
Subscribers may download copyrighted material for their own use. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Vance Net and the owner(s) or such authorized person(s), if other than Vance Net. Permission must be specified in the document, on the System, or must be obtained directly from Vance Net and the owner(s) or such authorized persons(s), if other than Vance Net. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.
Any subscriber may upload public domain programs to the System. Any subscriber may download public domain programs for their own use or non-commercially redistribute a public domain program. Subscriber assumes all risks regarding the determination of whether a program is in the public domain.
Subscriber agrees not to publish on or over the System any information, software or other content which violates or infringes upon the rights of any others or which would be abusive, profane or sexually offensive to an average person, or which, without the approval of Vance Net, contains any advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict subscriber from utilizing e-mail in the conduct of a legitimate business except that subscriber may not, without the approval of Vance Net, send unsolicited advertising or promotional material to other Vance Net subscribers.
Subscriber agrees not to use the facilities and capabilities of the System to conduct any business or activity or solicit the performance of any activity which is prohibited by law or to solicit subscribers to become subscribers of other competitive information services.
Vance Net reserves the right in its sole discretion to edit or delete any information, software or other content appearing on the System, regardless of whether it violates the standards for content.
If you are going to use a credit card, you must at all times maintain a credit card account to which Vance Net will have the automatic right to charge access fees and any other costs or charges related to your member account and usage of Vance Net Services. You must provide Vance Net with a currently valid credit card account number and expiration date upon application for your member account. You will have the duty to update credit card information from time-to-time during the term of your Agreement.
All access fees are due in advance of monthly services. You authorize Vance Net to automatically charge your account for the monthly access fee.
Vance Net reserves the right at any time to terminate your Agreement and to discontinue your use of the Vance Net System for any or no reason, without notice to you. Vance Net also has the right to terminate your Agreement prior to expiration of the Term for any defaults or breach of the terms of the Agreement or these Rules and Regulations, and to pursue the remedies provided for in the Agreement. These remedies include, but are not limited to, the right to collect a Cancellation/Termination Fee upon termination.
You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that Vance Net is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the Internet through your Vance Net account. You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials retrieved via Vance Net's facilities. To support you in this responsibility Vance Net alerts you to tools available from third party vendors, such as SurfWatch, to help you along these lines.
Vance Net exercises no control whatsoever over the content of the information passing through the System. Vance Net makes no warranties of any kind, whether expressed or implied, for the service it is providing. Vance Net also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although Vance Net's current practice is to utilize reasonable efforts to maintain such confidentiality. Vance Net will not be responsible for any damage you suffer from use of the System. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via the System is at your own risk. Vance Net specifically denies any responsibility for the accuracy or quality of information obtained through its System.
Subscriber agrees to indemnify and hold Vance Net harmless from any claims and expenses, including reasonable attorney's fees, related to subscriber's violation of the Service Agreement, including these rules or any information, software or other content placed on the System by the subscriber.
The use of the System to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since Vance Net exercises no control whatsoever over the content of information passing through its System, the entire burden of complying with such laws and regulations rests with its subscribers. You agree to comply with such laws and regulations and to indemnify and hold Vance Net harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.