INTRODUCTION
We are committed to complying with the Children's Online Privacy
Protection Act. Accordingly, if you are under the age of 13,
you are not authorized to provide us with personally identifying
information, and we will not use any such information in our
database collection activities. We appreciate your cooperation
with this federally mandated requirement.
By using this Internet service ("Service") or by establishing
an account, you agree to be bound by this Agreement and to use
the Service in compliance with this Agreement, our Acceptable
Use Policies and all other use policies (collectively, the "Terms
of Service"). If you do not agree to the Terms of Service,
including any future revisions, you may not use the Service,
and if you have an account you must terminate it as provided
herein. We, your Internet Service Provider ("BAY CREEK
COMMUNICATIONS"), reserve the right to revise the Terms
of Service and you accept sole responsibility for periodically
reviewing them for any and all changes. Your continued use of
this Service following the posting of any revisions to the Terms
of Service constitutes your acceptance of those revisions.
1. SUBSCRIBER OBLIGATIONS
(A) End users establishing an account with BAY CREEK
COMMUNICATIONS ("Members") must be at least 18 years
old.
(B) Members must (i) provide BAY CREEK COMMUNICATIONS with accurate
and complete billing information including legal name, address,
telephone number and credit card/billing, and (ii) report to
BAY CREEK COMMUNICATIONS all changes to this information within
30 days of the change. Members are responsible for all charges
to their account.
(C) Members are billed each month for the basic service and
any additional usage or services. Members are responsible for
paying all charges billed to their account in the manner and
method prescribed on their invoice. BAY CREEK COMMUNICATIONS
is not responsible for any charges or expenses (overdrawn accounts,
exceeding credit card limits, etc.) resulting from charges billed
by BAY CREEK COMMUNICATIONS.
(D) If BAY CREEK COMMUNICATIONS has failed to pay any underlying
service provider all amounts owing for your account - whether
or not you have paid BAY CREEK COMMUNICATIONS - your account
will be subject to suspension or cancellation until you or BAY
CREEK COMMUNICATIONS has paid all amounts due.
(E) Delinquent accounts may be suspended or canceled at BAY
CREEK COMMUNICATIONS' sole discretion; however, charges will
continue to accrue until the account is canceled. BAY CREEK
COMMUNICATIONS may bill an additional charge to reinstate a
suspended account.
2. A SPECIAL NOTE CONCERNING MINORS
Protecting children's privacy is especially important
to us. It is our policy to comply with the Children's Online
Privacy Protection Act of 1998 and all other applicable laws.
BAY CREEK COMMUNICATIONS recommends that children ask a parent
for permission before sending personal information to BAY CREEK
COMMUNICATIONS, or to anyone else online.
3. MEMBER'S ACCOUNT, PASSWORD AND SECURITY
Members receive a user name, password and account designation
upon registration. You and members of your household are the
only authorized users of your BAY CREEK COMMUNICATIONS account
and must comply with this Agreement. You must keep your password
confidential so that no one else may access the Service through
your account. You must notify BAY CREEK COMMUNICATIONS within
24 hours of discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g.,
revenue generation, advertising, etc.) is prohibited. Email
accounts exceeding 10MB in size may, at BAY CREEK COMMUNICATIONS'
discretion, be transferred to a compressed temporary file or
storage. BAY CREEK COMMUNICATIONS may delete the temporary file
from the server 60 days after notifying you. Any Member Web
site exceeding 5MB of disk space or 250MB of data transfer will
be billed for excess usage. You may establish a commercial or
high-volume account through BAY CREEK COMMUNICATIONS.
Usernames, passwords and email addresses are BAY CREEK COMMUNICATIONS'
property and BAY CREEK COMMUNICATIONS may alter or replace them
at any time.
4. MONITORING THE SERVICE
BAY CREEK COMMUNICATIONS has no obligation to monitor the Service,
but may do so and may disclose information regarding the use
of the Service for any reason if BAY CREEK COMMUNICATIONS, in
its sole discretion, believes that it is reasonable to do so,
including but not limited to: satisfy laws, regulations, or
governmental or legal requests; operate the Service properly;
or protect itself and its Members. Please see our Privacy Policy.
BAY CREEK COMMUNICATIONS may immediately remove your material
or information from BAY CREEK COMMUNICATIONS' servers, in whole
or in part, which BAY CREEK COMMUNICATIONS, in its sole and
absolute discretion, determines to infringe another's property
rights or to violate our Acceptable Use Policy.
5. DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY
IDENTIFIED AS BEING OFFERED BY BAY CREEK COMMUNICATIONS, BAY
CREEK COMMUNICATIONS DOES NOT CONTROL ANY MATERIALS, INFORMATION,
PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS
UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. BAY CREEK COMMUNICATIONS HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME
FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE
INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS AND OTHER
INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BAY CREEK COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER
HARMFUL COMPONENTS. BAY CREEK COMMUNICATIONS MAKES NO EXPRESS
WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH BAY CREEK COMMUNICATIONS
OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY
BAY CREEK COMMUNICATIONS OR ITS REPRESENTATIVES SHALL CREATE
A WARRANTY.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BAY CREEK COMMUNICATIONS,
EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE
PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE
OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,
MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN
IF BAY CREEK COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
BAY CREEK COMMUNICATIONS' LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by BAY CREEK COMMUNICATIONS, you agree
to defend, indemnify and hold harmless BAY CREEK COMMUNICATIONS
and its subsidiary and other affiliated companies, and their
employees, contractors, officers and directors from all liabilities,
claims and expenses, including reasonable attorneys’ fees
that arise from your use or misuse of this site. BAY CREEK COMMUNICATIONS
reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with BAY CREEK COMMUNICATIONS
in asserting any available defenses.
8. SOFTWARE LICENSE
BAY CREEK COMMUNICATIONS grants to each Member a limited,
non-exclusive, non-transferable and non-assignable license to
install and use the BAY CREEK COMMUNICATIONS access software
(including software from third-party vendors that BAY CREEK
COMMUNICATIONS distributes) (in object code format), its associated
documentation and any updates thereto ("Licensed Programs")
in order to access and utilize the Service. Each Member agrees
to use the Licensed Programs solely in conjunction with the
Service and for no other purpose. BAY CREEK COMMUNICATIONS may
modify the Licensed Programs at any time, for any reason and
without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary
information of BAY CREEK COMMUNICATIONS and BAY CREEK COMMUNICATIONS'
licensors and embody trade secrets and intellectual property
protected under United States copyright laws, other laws and
international treaty provisions. All right, title and interest
in and to the Licensed Program, including associated intellectual
property rights, are and shall remain with BAY CREEK COMMUNICATIONS
and BAY CREEK COMMUNICATIONS' licensors. Member shall not translate,
decompile, reverse engineer, distribute, remarket or otherwise
dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export the
Licensed Programs or any underlying information or technology
except in full compliance with all United States and other applicable
laws and regulations. By installing or downloading the Software,
you represent and warrant that you are not located in, under
the control of or a national or resident of any country on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders.
9. WEBSITE USAGE and OTHER WEB SITES
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because BAY
CREEK COMMUNICATIONS has no control over such sites and resources,
you acknowledge and agree that BAY CREEK COMMUNICATIONS is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree
that BAY CREEK COMMUNICATIONS shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through
any such site or resource.
Some portions of the Website are made available for the free
exchange of ideas by participants and are not regularly monitored
nor moderated by BAY CREEK COMMUNICATIONS. BAY CREEK COMMUNICATIONS
assumes no responsibility and makes no warranty that it will
undertake to screen or remove such material. You agree to hold
BAY CREEK COMMUNICATIONS harmless from all claims based upon
the materials posted by others. Also, in exchange for availing
yourself of the opportunity to upload or provide information
to this site and any associated chat rooms or discussion areas,
you will indemnify BAY CREEK COMMUNICATIONS from any claims
made by third parties regarding the material that you provide.
Personal information posted by you to the Website is posted
at your own risk. BAY CREEK COMMUNICATIONS will have no liability
arising from use of that information. You shall not use the
Website to distribute or publish any advertising of goods or
services, solicitations for funds or other commercial messages.
You agree that you will not post, upload or otherwise introduce
a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material
to BAY CREEK COMMUNICATIONS to use on the Website, will be deemed
to be a grant by you to BAY CREEK COMMUNICATIONS of a perpetual,
non-revocable, worldwide, non-exclusive license to the material
to include the material on the Website and to reproduce, publish,
distribute, perform, display and transmit the material and to
prepare derivative works as reasonably necessary to do so, and
you waive all rights of attribution and integrity with respect
to the material.
10. TERM OF AGREEMENT
Continued use of the Service constitutes acceptance
of this Agreement and any future versions. If you are dissatisfied
with the Service or any related terms, conditions, rules, policies,
guidelines or practices, your sole and exclusive remedy is to
discontinue using the Service and, if you are a Member, to terminate
your account.
11. TERMINATION
BAY CREEK COMMUNICATIONS reserves the right, in its
sole discretion, to terminate your account, your password and
your use of the Service, with ten (10) days’ prior written
notice if you have breached this Agreement or for any other
reason, the Acceptable Use Policy or BAY CREEK COMMUNICATIONS'
other user policies posted on BAY CREEK COMMUNICATIONS' website.
You may terminate your account at any time and for any reason
by providing notice of intent to terminate to BAY CREEK COMMUNICATIONS
by:
(a) telephone calls directed to Customer Service at (757) 331-8101;
or
(b) registered or certified mail, return receipt requested addressed
to BAY CREEK COMMUNICATIONS.
Email termination of your basic Internet access account will
not be accepted. If your account included space on BAY CREEK
COMMUNICATIONS' servers, anything stored on this space will
be deleted upon termination. Section 2, the third paragraph
of Section 3, and Sections 5, 6, 7, 12 and 13 of this Agreement
shall survive termination of this Agreement.
12. THIRD PARTY BENEFICIARY
YOU AGREE THAT INTEGRATED BROADBAND SERVICES, LLC IS
A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED
TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT
TO BAY CREEK COMMUNICATIONS DESCRIBED HEREIN.
13. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy
Policy and BAY CREEK COMMUNICATIONS' other user policies posted
on BAY CREEK COMMUNICATIONS' website constitute the entire agreement
between you and BAY CREEK COMMUNICATIONS with respect to your
use of the Service.
BAY CREEK COMMUNICATIONS may revise, amend or modify this Agreement,
the Acceptable Use Policy and any other user policies, at any
time and in any manner. Any revision, amendment or modification
will be effective immediately after BAY CREEK COMMUNICATIONS
posts it at its website.
Acceptable Use Policy 1. INTRODUCTION
This Acceptable Use Policy ("AUP") governs your
use of the Internet services ("Service") provided
by us (the "BAY CREEK COMMUNICATIONS"), whether
you subscribe to the Service or not, and you agree to all
the terms set forth herein.
Generally, BAY CREEK COMMUNICATIONS does not monitor or edit
the content posted by users of the Service or other Internet
services that may be available on or through the Service (e.g.,
newsgroups, chat rooms, message boards, etc.). However, BAY
CREEK COMMUNICATIONS and its agents reserve the right at their
sole discretion to remove any content that, in BAY CREEK COMMUNICATIONS'
judgment, does not comply with the AUP or is otherwise harmful,
objectionable, or inaccurate. BAY CREEK COMMUNICATIONS is
not responsible for any failure or delay in removing such
content.
In addition, BAY CREEK COMMUNICATIONS may cooperate with
legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrong. Your violation
of this AUP may result in the suspension or termination of
either your access to the Service and/or your BAY CREEK COMMUNICATIONS
account. You agree to indemnify, defend and hold BAY CREEK
COMMUNICATIONS harmless from any claims resulting from your
use of this service, which damages you or another party. At
our sole discretion, we may revoke your access for inappropriate
usage. Use of any information obtained via the Service is
at your own risk. BAY CREEK COMMUNICATIONS is not responsible
for the accuracy, quality, or content of information obtained
through the Service. This AUP should be read in conjunction
with our Internet Service Agreement and other policies.
2. VIOLATIONS
The following constitute violations of BAY CREEK COMMUNICATIONS'
AUP:
(A) Using the Service to gain unauthorized access to any
computer systems.
(B) Using the Service to transmit any material (by email,
uploading, posting or otherwise) that, intentionally or unintentionally,
violates any applicable local, state, national or international
law, or any rules or regulations promulgated there under.
(C) Using the Service to interfere with access to the Internet
by other parties or disrupt the network used by BAY CREEK
COMMUNICATIONS.
(D) Using the Service to harm, harass, degrade or intimidate
an individual or group of individuals on the basis of religion,
gender, race, ethnicity, age or disability.
(E) Using the Service to transmit any material (by email,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
(F) Using the Service to harass, threaten, embarrass or cause
distress, unwanted attention or discomfort upon another.
(G) Using the Service to make fraudulent offers to sell or
buy products, items or services or to advance any type of
financial scam such as "pyramid schemes," "ponzi
schemes" and "chain letters."
(H) Adding, removing or modifying identifying network header
information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited commercial
email or unsolicited bulk email is prohibited. Activities
that have the effect of facilitating unsolicited commercial
email or unsolicited bulk email, whether or not that email
is commercial in nature, are prohibited.
(J) Using the Service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of BAY CREEK COMMUNICATIONS or another entity's
computer software or hardware, electronic communications system,
or telecommunications system, whether or not the intrusion
results in the corruption or loss of data.
(K) Using the Service to transmit any material (by email,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights
of any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and distribution
of photographs from magazines, books or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the Service without BAY CREEK COMMUNICATIONS'
authorization.
3. REVISIONS BY BAY CREEK COMMUNICATIONS OF THIS AUP
BAY CREEK COMMUNICATIONS reserves the right to revise, amend
or modify this AUP, our Internet Service Agreement and our
other policies at any time and in any manner. Any revision,
amendment, or modification will be posted in accordance with
the terms of the Internet Service Agreement.
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Internet Service Agreement
