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.