Online Dot Net - Downloads

PURPOSE

The Purpose of the ONLINE DOT NET User Terms of Service is to provide a public framework and disclosure of policies in effect and enforced by ONLINE DOT NET.

CONTENTS

1. ACCEPTABLE USE POLICY

2. STATEMENT OF RESPONSIBILITY

3. NEW ACCOUNTS

4. ACCESS TO NETWORK

5. BILLING FOR SERVICES

6. TRANSFERS, CANCELLATIONS, AND REFUNDS

7. SETUP FEES

8. TRIAL PROGRAMS

9. PRICE GUARANTEES

10. LATE PAYMENTS / RETURNED CHECKS / CHARGE FAILURE

11. CUSTOMER SUPPORT

12. INTERNET ACCESS

13. E-MAIL AND UNSOLICITED BULK E-MAILS (SPAM)

14. WEB HOSTING

15. FTP ACCESS

16. DOMAIN NAMES

17. USENET

18. DIALER/CONFIGURATION SOFTWARE

19. THIRD-PARTY CONTENT

20. REFERRAL PROGRAMS

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1. ACCEPTABLE USE POLICY

ONLINE DOT NET sets forth an Acceptable Use Policy (AUP) with our Terms and Conditions of Service with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by ONLINE DOT NET users. The following policy is non-exclusive; any action about which there is doubt should be referred to ONLINE DOT NET for evaluation. ONLINE DOT NET reserves the right to alter this document from time to time, as need dictates.

Any user found violating the terms of service might be terminated or suspended at any time without prior notification.

2. STATEMENT OF RESPONSIBILITY

Each ONLINE DOT NET account has a password that is the key to gain access to the network and e-mail accounts. The customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner's responsibility to safeguard the account password(s) and to ensure that the ONLINE DOT NET Terms and Conditions of Service are honored. ONLINE DOT NET will hold the account owner responsible for any violations of the Acceptable Use Policy.

Sites directly attached to the ONLINE DOT NET server are expected to adhere to the ONLINE DOT NET Acceptable Use Policies. The individual who signed up for service is responsible for educating site users on Acceptable Use Policies. Violations of the AUP and Terms of Service by directly attached sites will be referred to the party responsible for the account for resolution.

ONLINE DOT NET enforces these policies with respect to ONLINE DOT NET customers only. ONLINE DOT NET is not responsible for abusive actions that originate from others sites or networks on the Internet.

3. NEW ACCOUNTS

New accounts are billed as active from the date of signup, regardless of usage, except for in the event of a free trial period promotion, in which case the account is billed as active as set in the ONLINE DOT NET Free Trial Policy. ONLINE DOT NET takes no responsibility for delays caused by the postal service for mailing of software and setup information.

If the activation date is not on the 1st of the month, billing is prorated daily to the end of the first month. If the customer is paying monthly, one additional month will be billed when the account is created.

All new accounts are subject to this Terms and Conditions of Service and Acceptable Use Policy from the time of account creation. It is the sole responsibility of the account owner to read and follow this policy.

New Accounts may be subject to a one-time setup fee as outlined in the Setup Fees section of this document unless otherwise stated.

4. ACCESS TO NETWORK

Acceptable use of the ONLINE DOT NET network facilities does NOT include: attempting to circumvent user authentication or security of any host, network, or account on ONLINE DOT NET systems or the Internet at large ("cracking"); use of ONLINE DOT NET systems or networks (willfully or negligently) in a manner that encumbers disk space, processors, bandwidth, or other system resources so as to interfere with others' normal use of services on ONLINE DOT NET or other systems and networks ("denial of service" attack); activities which violate local, state, or federal statutes.

5. BILLING FOR SERVICES

All ONLINE DOT NET accounts are self-renewing. If cancellation procedure has not been followed by the start of the next billing cycle, the account will be charged for that billing cycle.

All ONLINE DOT NET accounts are billed periodically for a term determined at signup. Preferred billing is credit card or automated withdrawal (ACH). Postal mail billing is available for a monthly fee.

Accounts are billed 14 days prior to the 1st of the month when the account is due. If payment is not collected within 15 days of the 1st of the month the account is considered past due.

Past due notices are sent out on the 10th, with the account deactivated on the 15th day past due. An account deactivated for being past-due may be reactivated if payment is made and a re-connect fee is collected.

6. TRANSFERS, CANCELLATIONS, AND REFUNDS

Any ONLINE DOT NET customer has the right to cancel their service. All cancellation requests must be made in writing and submitted via postal mail, fax, or may be done through an Account Manager. All cancellation requests must include the current date, the date as of which cancellation is effective, and must be signed by the account owner. While not required, we would appreciate the reason for cancellation, so that we might have the opportunity to improve service for continuing and future customers.

Cancellations must be made no sooner than 5 business days before the next bill date to insure not being charged for the next month of service.

When a cancellation has been confirmed by one of the methods stated above, the cancellation may take effect any time within 5 business days of the cancellation. Should a user decide to defer cancellation to a later date, they will need to call back at that later date to cancel the account.

Should an account owner cancel service, there are no refunds given for credits on the account or time remaining in the current paid for billing cycle.

In the case of an account that is charged by usage, any charges for time beyond that included in the monthly rate will be charged on a final bill for the cancelled account.

An account owner may choose to transfer their service to a third-party. In this case, the transfer must be done through an ONLINE DOT NET Account Manager. Any usernames, e-mail addresses, credits on the account, etc., would then be transferred to the new party. Prior to transfer, payment arrangements for future use of the account must then be made with the new account owner. The new account owner would then be subject to the regular Terms and Conditions of Service.

Accounts that are terminated may have all e-mail deleted and any usernames and e-mail account names may then be made available for public use.

Any accounts that are terminated for breaking the ONLINE DOT NET Terms and Conditions of Service and Acceptable Use Policy will not be eligible for a refund or transfer of remaining time or credits. ONLINE DOT NET retains the right to cancel any account at any time for any reason.

7. SETUP FEES

New accounts may be charged a one-time setup fee at the start of regularly billed service.

Existing accounts switching from one rate plan or service to another rate plan or service may be charged a one-time setup fee.

Setup fees are typically waived when changing from one rate plan to a higher rate plan within a certain service class (for example: switching from a less-featured dial-up plan to a more-featured dial-up plan would typically not have a setup fee charged, while switching from a specific dial-up plan to the equivalent DSL plan would have a setup fee charged.)

Setup fees for initial signups may be waived from time to time during time-specific or ongoing promotions.

8. TRIAL PROGRAMS

ONLINE DOT NET may from time-to-time and solely at their singular discretion offer a trial period for certain new signups. For the terms and conditions of the trial programs, the following free trial policy applies:

THE NUMBER OF FREE TRIAL DAYS BEGINS AT TIME OF SIGNUP AND ENDS THAT MANY DAYS AFTER, REGARDLESS OF USAGE BETWEEN THE DATE OF SIGNUP AND THE END OF THE TRIAL PERIOD. TO AVOID BEING CHARGED A MONTHLY FEE, SIMPLY CANCEL SERVICE BEFORE THE TRIAL PERIOD ENDS.

Premium or additional services that carry surcharges and communication surcharges may apply in AK, even during trial time. Additional telephone and/or long distance toll charges may apply. It is the customer's responsibility to check with their phone company to determine if additional phone charges may apply. Available to users in the US, age 18 or older; a payment method accepted by ONLINE DOT NET (such as a major credit card) is required at time of signup. Trial is available to new users of ONLINE DOT NET only. Trial is not applicable to users brought into ONLINE DOT NET through the acquisition of another Internet provider. Trial may not be transferred to another party after or during use. Trial may not be used in conjunction with another free service giveaway from ONLINE DOT NET.

9. PRICE GUARANTEES

ONLINE DOT NET may from time-to-time and solely at their singular discretion offer a price guarantee for new signups. For the terms and conditions of the price guarantee programs, the following Price Guarantee policy applies:

Price guarantee is available to new ONLINE DOT NET customers only within the 50 United States. After any applicable trial period and until you cancel your account or select an alternative plan, you will be charged the monthly rate specified at the time of signup until the number of years included in the price guarantee after signup has passed, and thereafter you will be charged the current rate for the plan you are using.

10. LATE PAYMENTS / RETURNED CHECKS / CHARGE FAILURE

Any ONLINE DOT NET account that is past due may be considered with the intent of cancellation at the sole discretion of ONLINE DOT NET. The account may be terminated as of that date, and the account owner will be billed a prorated final bill covering the period up to that date.

Should the account owner wish to re-activate the account, they will need to have their account paid up as current, go through the sign-up process again, and will be required to pay for their account through an automatic payment process - either via credit card or ACH (where available).

Returned checks will be subject to a $35.00 returned check fee on the account, and other payment arrangements will need to be made on the returned check, otherwise the account will be treated as past due from the original invoice due date.

In the event that an automatic payment, such as charged via credit card or ACH, fails to process, the account may be re-processed until such time the due charge is accepted, including beyond account deactivation. In the event that the charge is not accepted, the account holder will be notified to arrange an alternative for payment. If the account holder cannot be reached, ONLINE DOT NET may, at their sole discretion, cancel the account until payment arrangements can be arranged, treat the account as past due from the date of the uncharged invoice, or transfer the account to a billed option, with any billing charges due on the account.

ONLINE DOT NET reserves the right to add a service charge of 1 1/2% per month, 18% APR, to all overdue accounts.

Should ONLINE DOT NET be required to use a legal or collection service to collect on a past due account, the account holder will be liable for all applicable legal and/or collection fees.

11. CUSTOMER SUPPORT

ONLINE DOT NET provides technical support via e-mail, web site, and/or telephone. Support is limited strictly to support of Internet access and connections, along with related services such as e-mail and web browsing. No warranties and guarantees, either expressly stated or implied, are offered in conjunction with support. Support is not guaranteed in cases where a problem is due to user-error, computer malfunction, software conflicts, or problems with the connecting unit (such as the phone or DSL line). Support is not guaranteed on all operating systems or platforms.

Support may be denied in the case where a problem is not covered under the standard realm of our support offered, when a caller becomes irrationally irate or profane, or in a case where support is not included with a particular service.

12. INTERNET ACCESS

ONLINE DOT NET does not restrict access to any web sites, and as such claims no responsibility for content, either desirable or undesirable, which may be viewed.

Revealing your account password to others or allowing use of your account by others (other than authorized users) is prohibited.

12.1 DIAL-UP INTERNET ACCESS

There is an automatic disconnect set for users that are idle for a period of time decided solely at the discretion of ONLINE DOT NET. Idle time is defined as a period during which no input or output is sent or received across the modem connection. ONLINE DOT NET claims no responsibility for auto-disconnect settings set individually on the users' computers, or for disconnections due to external factors, such as user modem problems or line noise.

Access to the ONLINE DOT NET dial-in servers is limited to access primarily from a single location and/or from a single dwelling unit of users. Multiple simultaneous logins to a single ONLINE DOT NET dial-up account are prohibited, except in the case where an account is specified for MPPP [bonded analog lines] access. Allowing third-party access to one's ONLINE DOT NET account is grounds for immediate termination of access.

Use of ONLINE DOT NET dial-up service as a dedicated modem connection through use of redialers and idle-time traffic generators is prohibited.

Use of software or any device that would allow your account to stay logged on while not actively using ONLINE DOT NET services is prohibited. Using a dial-up account for high volume use is prohibited. Dial-up services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Accordingly, ONLINE DOT NET maintains the right to terminate any member's connection following any extended period of inactivity as determined by ONLINE DOT NET. Accounts found in continued violation of this section will be charged a higher rate for service or may have their account terminated.

Selection and use of a local (non-toll) access number is the sole responsibility of the end-user. ONLINE DOT NET accepts no responsibility for any toll charges that might occur on a phone bill. If the end-user is unsure whether or not they are accessing a local call number, they should check the number they are dialing with their telephone company.

13. E-MAIL AND UNSOLICITED BULK E-MAILS (SPAM)

All ONLINE DOT NET dial-in accounts include a certain number of e-mail accounts, which may be separate from the dial-in user name. It is the responsibility of the account owner to insure that the AUP and Terms and Conditions of Service are upheld for all e-mail account users within the main access account.

Acceptable use of e-mail does NOT include: sending unsolicited mass mailings of any nature, including those with a "negative option" for continuation (the negative option is inviting those who do not wish to receive more email to reply to you); sending a large number of email messages, or singularly large email messages, to a single address in order to flood someone's mailbox; forging email headers to obscure the true originator of the message; creating or participating in pyramid schemes or chain letters; sending harassing email, either by language, size, or frequency (this includes sending email or real time messages to a person who has asked explicitly that you do not); activities which violate local, state, or federal statutes.

ONLINE DOT NET has a strict policy against spamming (unsolicited mass mailings). Any user who is found to be spamming, either directly using the ONLINE DOT NET e-mail servers and accounts, or indirectly by relaying to an off-network e-mail server, will have their account terminated immediately, and without warning.

13.1 E-MAIL VIRUS SCANNING

The contents of incoming and outgoing ONLINE DOT NET e-mail accounts are processed through an e-mail virus scanning server before delivery. Any messages found to contain known virus code will not be allowed to send or be delivered but will have a notification sent to the sender and recipient.

E-mail virus scanning is offered as a benefit but carries no warranties or guarantees of service.

13.2 E-MAIL SPAM FILTERING

The contents of incoming ONLINE DOT NET e-mail accounts are processed through an e-mail content scanning server before delivery with the purpose of determining whether the message is likely to be considered spam (bulk/junk e-mail). This determination is done on a weighted content point system. Messages that indicate as potential spam are flagged in the message header and may be re-routed into a web mail folder to prevent direct delivery into the e-mail inbox.

E-mail spam filtering is offered as a benefit but carries no warranties or guarantees of service.

14. WEB HOSTING

Under no circumstance may a site hosted on ONLINE DOT NET, either personal or commercial, host illegal or explicit content. ONLINE DOT NET reserves the right to remove ANY content hosted on the ONLINE DOT NET web server.

Should any site, whether a personal web site, commercially-hosted site, or other, create an excessive load on the ONLINE DOT NET server or data bandwidth, ONLINE DOT NET may, at their own discretion, make arrangements with the site creator to raise the cost of hosting the site or remove the content that is creating the excessive load.

ONLINE DOT NET reserves the right to request a Web Service by ONLINE DOT NET logo at the bottom of the main index page for any site hosted on the ONLINE DOT NET servers. This logo will not exceed 350 x 100 pixels in size.

Acceptable use of ONLINE DOT NET web/FTP space does NOT include: distribution of pornographic or otherwise indecent or offending materials; distribution of restricted software or materials in violation of copyrights or distribution licenses; distribution of materials which violates local, state, or federal statutes.

15. FTP ACCESS

ONLINE DOT NET does not provide public FTP access. It is the responsibility of the account owner to restrict usage of FTP to adding, changing, or deleting web site content. Any account found to allow public use of their FTP account for any purpose will be terminated without warning.

16. DOMAIN NAMES

ONLINE DOT NET provides domain name service for some site hosting customers. Keeping registry information updated and accurate is the responsibility of the domain holder and not ONLINE DOT NET. Acceptable use of the ONLINE DOT NET domain name service does NOT include falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts.

ONLINE DOT NET customers requiring changes to their domain service and/or records may contract directly with ONLINE DOT NET to make changes with the proper authorities.

17. USENET

Acceptable use of ONLINE DOT NET Usenet News service does NOT include: posting unsolicited messages to a large number of Usenet newsgroups either by cross-posting or posting to individual groups ("spamming"); attempting to cancel, supersede, or otherwise interfere with Usenet posts other than one's own; blatant posting of articles which violate the named charter for specific newsgroups; publishing someone's real-world data (such as phone number, address, social security number, etc.) in such a way as to cause the person trouble or to incite others to do so; forging Usenet header information to obscure the true originator of the message; activities that violate local, state, or federal statutes.

ONLINE DOT NET makes no claims that a specific news server or group shall be accessible from the ONLINE DOT NET network nor to length of time specific messages may be available from the news server.

18. DIALER/CONFIGURATION SOFTWARE

All software provided by ONLINE DOT NET for use in account configuration, general or specific use of the Internet is governed by individual license agreements. ONLINE DOT NET neither makes claims to functionality of any software piece, nor does ONLINE DOT NET offer any warranties for use, availability, or compatibility of software with a given computer.

19. THIRD-PARTY CONTENT

Some content provided on the ONLINE DOT NET web site, along with affiliate web sites, software content and the like, may be provided by third-parties not directly associated with ONLINE DOT NET. ONLINE DOT NET makes no claim to ownership of third-party content, nor responsibility for contents, links, views or opinions therein.

20. REFERRAL PROGRAMS

ONLINE DOT NET may from time-to-time and solely at their singular discretion offer a referral program for certain new signups. For the terms and conditions of the referral programs, the following general referral policy applies:

A referral is considered to take place when a new customer account signup has indicated the ONLINE DOT NET e-mail address of another valid ONLINE DOT NET member when prompted in the sign-up process and when said customer has paid their first Internet bill. Customers in their free trial period (if applicable) or who have not otherwise paid on their account are not considered a valid referral until such a time that any such trial has ended and/or their first payment has been processed.

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ONLINE DOT NET RESERVES THE RIGHT TO RESTRICT OR TERMINATE SERVICE WITHOUT REFUND IN THE EVENT OF A TERMS OF SERVICE/ACCEPTABLE USE VIOLATION. ONLINE DOT NET ALSO RESERVES THE RIGHT TO TAKE ACTION ON ABUSE THAT IS NOT SPECIFICALLY NAMED IN THIS AUP AT OUR SOLE DISCRETION. USE OF THE ONLINE DOT NET SYSTEMS AND NETWORK CONSTITUTES UNDERSTANDING AND AGREEMENT OF THESE POLICIES. THE POLICIES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE, WITH THE MOST RECENT VERSION OF THIS POLICY POSTED TO OUR WEB SITE.