
Outerbounds's Acceptable Use Policy
Section 1 - Introduction: This Acceptable Use Policy ("Policy") is designed to
protect Outerbounds Internet, it's subscribers and the Internet community from
irresponsible and/or illegal activities. You should read and interpret this
Policy in conjunction with the Outerbounds Internet Subscriber Agreement.
Outerbounds Internet supports the free flow of information and ideas over the
Internet. Outerbounds Internet does not actively monitor or exercise editorial
control over the content of any web site, electronic mail transmission, mailing
list, news group or other material created or accessible over Outerbounds
Internet's services. However, Outerbounds Internet reserves the right to remove any
materials it becomes aware of that are potentially illegal, could subject
Outerbounds Internet to liability, or violate this Policy. Violation of this Policy
may result in the suspension or cancellation of your services.
Section 2 - Policies: The following are violations of Outerbounds Internet's
acceptable use policies:
Using a personal account for high volume or commercial use. If you would like to
receive high-volume or commercial services, please contact Outerbounds Internet's
Customer Care Center at 1-715-204-9423 for information about establishing a
commercial account. Activities which are prohibited as high volume include, but
are not limited to:
Any mailbox exceeding 10MB may, at Outerbounds Internet's discretion, be
transferred to a compressed temporary file or storage. Members will be notified
of the change and given with further information. Outerbounds Internet reserves the
right to delete the temporary file from the server.
Exceeding 5MB of disk space for free Web sites. Any free Web site exceeding 5MB
will be suspended until the customer brings the disk space usage under 5MB.
Exceeding 250MB of traffic in a one month period for free Web sites. Any free
Web site exceeding 250MB of traffic will be billed for the excess traffic.
Pricing information may be obtained by calling 1-715-204-9423.
Using Outerbounds Internet services for illegal purposes or in support of illegal
activities. Outerbounds Internet reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrong. Activities prohibited as illegal include, but are not
limited to:
Unauthorized copying of copyrighted material.
Exporting software or technical information in violation of U.S. export control
laws.
Posting or e-mailing of scams such as 'make-money-fast' schemes or
'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services.
Attempting to access the accounts of others, or attempting to penetrate security
measures of Outerbounds Internet's or other entities' systems ("hacking"), whether
or not the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages to the same e-mail address.
'News bombing' constitutes sending more than 10Mb of data to a newsgroup.
Revealing your account password to others or allowing use of your account by
others (other than authorized users in your household). At no time can there be
simultaneous use of the same username and password combination.
Distributing viruses to or from Outerbounds Internet systems.
Use of software or any device that would allow your account to stay logged on
while you are not actively using Outerbounds Internet or use of the account for the
purpose of operating a server of any type.
Posting articles to any USENET or other newsgroup, mailing list or similar forum
which are off-topic according to the charter or other public statement of the
forum.
Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious
postings.
Engaging in any of the above activities using the service of another provider
but channeling such activities through a Outerbounds Internet account or re-mailer,
or using a Outerbounds Internet account as a mail drop for responses.
Section 3 - No Liability: Outerbounds Internet has no practical ability to restrict
all conduct, communications or content which might violate this Policy, nor can
Outerbounds Internet ensure prompt removal of any such communications or content
after transmission or posting. Outerbounds Internet does not assume liability to
subscribers or others for any failure to enforce the terms of this Policy.
Section 4 - Revisions to this Policy: Outerbounds Internet reserves the right to
modify this Policy at any time. Notice of modifications to this Policy may be
given to subscribers by posting such changes to the Outerbounds Internet homepage
(http://www.obii.net), by electronic mail, or by conventional mail.
--------------------------------------------------------------------------------
Outerbounds's Subscriber Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO
YOU BY Outerbounds INTERNET. BY CLICKING THE "YES" BUTTON AT THE END OF THIS
DOCUMENT, DOWNLOADING, OR USING THE COMPANY'S INTERNET SERVICES, YOU AGREE TO BE
BOUND BY THIS AGREEMENT, THE COMPANY'S SOFTWARE LICENSE AGREEMENT, ACCEPTABLE
USE POLICY, AND SUCH OTHER USER POLICIES AS THE COMPANY MAY ESTABLISH FROM TIME
TO TIME.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE
SERVICE, SHOULD CLICK THE "NO" BUTTON, AND, IF YOU CURRENTLY HAVE AN Outerbounds
INTERNET ACCOUNT, YOU MUST CONTACT OUR OFFICES AS SPECIFIED IN SECTIONS 10 AND
11 WITHIN 30 DAYS OF RECEIPT OF THIS DOCUMENT.
Outerbounds Internet provides the Service, defined below in Section 1, subject to
your compliance with this Agreement. Other services provided by Outerbounds
Internet will not be subject to this Agreement unless this Agreement is
expressly incorporated into any other agreement regarding those services.
Section 1 - Service: The Service includes: Internet access; Electronic mail
("e-mail") and up to three electronic mail addresses; and, up to 5 megabytes on
Outerbounds Internet's server.
Any means of identification assigned to you by Outerbounds Internet (including
usernames and e-mail addresses) will remain the property of Outerbounds Internet
and at its sole discretion may be altered or replaced at any time.
Outerbounds Internet makes no guarantees as to the continuous availability of the
Service or any specific feature of the Service. Outerbounds Internet reserves the
right to change the Service or any of its features at any time without notice.
Section 2 - Subscriber Registration Requirements: You must be at least 18 years
old to register for the Service. By accepting this Agreement, you represent that
you meet this age requirement. Minors who use the Service are assumed to have
parental or guardian consent to do so.
You agree to provide Outerbounds Internet with accurate and complete billing
information including your legal name, address, and telephone number. All
changes to this information must be reported to Outerbounds Internet within 30 days
of the change.
By accepting this Agreement, you agree that you are responsible for all charges
posted to your account until you cancel the account as specified in Section 14.
Section 3 - Fees: Outerbounds Internet does not issue pro rata refunds for fees
paid in advance.
LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE
RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR Outerbounds INTERNET DIALUP
NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. Outerbounds
INTERNET IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY
YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL
TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES
FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH
YOUR ACCOUNT.
Current prices for Outerbounds Internet services may be obtained by calling
1-715-204-9423. Outerbounds Internet reserves the right to change prices and
institute new fees.
A service charge of $25.00 will be assessed to your account for each check that
is returned for insufficient funds.
Payments for all charges are due within 30 days of the month in which the
charges are incurred. If your account is delinquent, your account may be
suspended or canceled at Outerbounds Internet's sole discretion If your account is
suspended, regular charges continue to accrue until you cancel your account.
Outerbounds Internet may charge a fee of $10.00 to reinstate a suspended account.
You agree to pay all sales and use taxes, duties, or levies which are required
by law as well as all attorney and collection fees arising from efforts to
collect any unpaid balance on your account.
If you believe that Outerbounds Internet has billed you in error, you must contact
the Billing Department within 60 days of the invoice or transaction date of the
charge. Refunds or adjustments will not be given for any charges which are more
than 60 days old.
Section 4 - Use of Service: You and any members of your household are the only
individuals who are authorized to access the Service through your Outerbounds
Internet account. You must not permit anyone else to access the Service through
your account and must ensure that all authorized users of your account comply
with this Agreement.
You are responsible for maintaining the confidentiality of passwords used by you
or members of your household .
You are responsible for all charges assessed as a result of use of your account.
However, Outerbounds Internet will not hold you responsible for charges
attributable to an unauthorized user's access to your account without your
permission, provided that you notify Outerbounds Internet within 24 hours of
discovering any such unauthorized use and the unauthorized use is not
attributable to the failure of any authorized user to exercise reasonable
efforts to maintain the confidentiality of the account or password.
Except for software provided by Outerbounds Internet, you are responsible for
providing and maintaining all equipment and other software necessary to access
the Service.
You will not use the Service or permit others to use the Service through your
account in any way that violates any law or regulation; subjects Outerbounds
Internet to liability; or is in contravention of this Policy. You agree to
comply with all security procedures and standards and to be bound by the terms
and conditions of the End User License Agreement for any software provided to
you.
Section 5 - Monitoring the Service and Disclosure of Member Information:
Outerbounds Internet has no obligation to monitor the Service but may do so and may
disclose information regarding your use of the Service to satisfy laws,
regulations or governmental requests; to operate the Service properly; and, to
protect itself and its members. However, Outerbounds Internet will not disclose
member information to outside persons or entities for the purpose of soliciting
Outerbounds Internet members.
Outerbounds INTERNET, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY
INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE,
UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
Section 6 - No Warranties Provided by Outerbounds Internet: Except for certain
products and services specifically identified as being offered by Outerbounds
Internet, Outerbounds Internet does not control any information, products or
services on the Internet and except for such Outerbounds Internet-identified
content, all merchandise, information and services offered, made available, or
accessible on the Internet are by third parties who are not affiliated with
Outerbounds Internet.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET
BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Outerbounds INTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER
HARMFUL COMPONENTS. Outerbounds INTERNET MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH Outerbounds INTERNET OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION
GIVEN BY Outerbounds INTERNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL
CREATE A WARRANTY.
Outerbounds INTERNET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL
MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET.
THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.
YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH
YOUR ACCOUNT AT YOUR OWN RISK. Outerbounds INTERNET HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY FOR SUCH MATERIALS.
Section 7 - Subscriber Remedies: If you are dissatisfied with the Service your
sole and exclusive remedy is to terminate this Agreement and discontinue using
the Service by canceling your account by one of the methods outlined in Section
14.
UNDER NO CIRCUMSTANCES SHALL Outerbounds INTERNET, ITS EMPLOYEES, AFFILIATES OR
CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR
THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY
PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
Section 8 - Indemnify: You agree to defend, indemnify, and hold Outerbounds
Internet and 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 you or those who access the Service through your
account; AND, the use of the Service or the Internet and the placement or
transmission of any message, information, software, or other materials on the
Internet by you or by those who have access to the Service through your account.
Section 9 - Term of Agreement: This Agreement is effective from your acceptance
thereof or upon the first use of the Service through your account, whichever is
first. If you are a current Outerbounds Internet member when this Agreement is
activated, your continued use of the Service constitutes your acceptance of this
Agreement.
Section 10 - Termination of Agreement: Your termination will only be complete
upon your receipt of a confirmation number from Outerbounds Internet. You will
receive verbal confirmation if you cancel by telephone, and a written reply
through U.S. mail if you cancel by mail or webform. E-MAIL CANCELLATIONS WILL
NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive
your confirmation number. Outerbounds Internet does not issue pro rata fee refunds.
Outerbounds Internet may terminate this Agreement: at any time without cause upon
30 days prior notice; or, immediately upon notice if you, or any person who has
access to the Service through your account, commit a material breach of this
Agreement, including but not limited to a breach of any obligation imposed under
Section 4 or you fail to pay any charges within 40 days of the date they accrue.
Upon termination of this Agreement all rights granted to you and your authorized
users under this Agreement shall immediately cease and terminate; and, you must
destroy or return to Outerbounds Internet all copies of software and documentation
that you received from Outerbounds Internet.
Termination of this Agreement does not release you from the obligation to pay
all accrued charges under this Agreement.
Section 11 - Notice: You may change or cancel your Outerbounds Internet account by
the following methods only: first-class registered or certified mail, return
receipt requested addressed to Outerbounds Internet, Billing, P.O. Box 38,
Boyd, Wisconsin 54726 or telephone calls directed to Customer Care
Center at 1-715-204-9423.
Outerbounds Internet may provide notice to you by the following methods: Electronic
mail (e-mail) addressed to your e-mail account; general posting to Outerbounds
Internet's web site at http://www.obii.net; or by US Mail or courier service
at the address you provided Outerbounds Internet when you registered for the
service. All notices or other communications to you shall be deemed effective on
the first (1st) calendar day following the date of electronic mailing or posting
or on the fourth (4th) calendar day following the date of first-class mailing or
deposit with a commercial courier service.
Section 12 - Miscellaneous: Neither this Agreement, nor any of your rights or
obligations arising hereunder, shall be transferable by you to any third party
without Outerbounds Internet's prior written consent.
This Agreement and the Acceptable Use Policy constitute the entire agreement
between you and Outerbounds Internet with respect to the Service.
Outerbounds Internet reserves the right to alter, amend or modify this Agreement at
any time upon thirty (30) days notice. No amendment or modification to this
Agreement by you shall be valid or binding on Outerbounds Internet unless made in
writing and signed by both parties.
If you require further assistance, please call our Support Group at 1-715-204-9423 or send an e-mail to
support@obii.net
|