Internet Café, is an access point to the global Internet.
TERMS AND CONDITIONS FOR INTERNET ACCESS SERVICE
This agreement represents the complete agreement and understanding between Internet Café. (herein in after referred to as Internet Café) and Customer and supersedes any other written or oral agreement. Upon notice published online via Internet Café, may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change services offered.
PROVISION OF SERVICES
Internet Café will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. Internet Café services are defined as the use by Customer by computing, telecommunications, software and information services provided by Internet Café. These services also include the provision of access to computing, telecommunications, software and information by others via the World Wide Web computing network known as the Internet.
ACCOUNT AND AGREEMENT TERMS
This agreement shall remain in effect until Customer terminates his/her account or Internet Café cancels Customer's account. Internet Café may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify Internet Café in writing or by email of any changes in the account information, such as address or phone number.
All accounts described below are for personal, nontransferable access. Note that signing on with more than one concurrent session through our modem pool is explicitly prohibited, as is lending or giving your account password to others. This is to protect the account holder and insure each user of Internet Café services has read this agreement.
Internet Café reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by Customer after the effective date constitutes acceptance of the new terms and conditions. If the Customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving Internet Café proper written notice in accordance with the terms and conditions stated herein.
Internet Café also reserves the right to terminate an account at any time for any reason.
BILLING/TERMS/TERMINATION
Internet Café will bill Customer monthly, semi annual or annual subscription and connection fees as set forth in Internet Café's current rate schedule. This schedule may be modified by Internet Café upon 30 days notice in writing or by email to Customer.
Internet Café will not enable Customer's Internet access until customer completes the Internet Connection Services Order Form. It must be signed and dated by the Customer's parent or legal guardian if Customer is less than 18 years of age.
Internet Café does not recommend sending cash through the mail: we are not responsible for the loss of your funds. We prefer payment via personal check, money order, credit card web base, or cash.
The Internet Café accounting period is one month and the accounting cycle begins on the first and fifteenth of each month. The initial account billing will cover that portion of the month for which the account is established. Fees will be prorated for the first month.
Service payments will be submitted in advance of receiving services. Accounts are considered delinquent after 5 days and are suspended until payment is received. If an account is delinquent for 15 days, Internet Café reserves the right to delete the account and all associated files. Once deleted, all record and files in your account are never accessible or recoverable. There is a $25.00 service charge for each returned check. If you have your account reset-up their will be a $10.00 service charge.
Internet Café will invoice all accounts via E-mail. You are responsible for remitting payments to Internet Café before the next billing cycle to extend your subscription. Note that if your account expires due to nonpayment and you remit payment after, YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of your payment. That is, if your account expires on March 1st and we receive payment on March 30th for one additional month, your new expiration date will be April 1st, NOT April 30th.
Customer is responsible for all fees up to the date of termination of the services, except where Internet Café is unable to provide services under this agreement.
SECURITY OF ACCOUNTS
Internet Café Email, Internet PPP/SLIP and Dedicated Dial-in accounts are for individual users, unless prior written arrangements are made and Customer therefore agrees not to share the password or use the account with others, including but not limited to business associates. Only one login session per account is allowed at any one time. Customer acknowledges that Internet Café may terminate the account without notice if the Customer does not comply. Customer agrees not to use any Internet Café service to obtain the passwords of customers of Internet Café or other systems. Customer agrees not to use Internet Café services to make unauthorized attempts to access the systems and networks of others.
USE OF MATERIAL
Customer agrees not to use Internet Café services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.
ABUSE OF INTERNET SERVICES
Customer agrees to:
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Use the services provided by Internet Café only as permitted by local, state and federal laws.
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Not use these services to conduct any business or activity to solicit the performance of any activity that is prohibited by law.
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Refrain from mass posting of the same message to many inappropriate newsgroups (spamming).
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Refrain from mass, unsolicited e-mailings.
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Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising.
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Respect the conventions of the newsgroups, lists and networks which the Customer is posting, including rules more restrictive than but not limited to the above.
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Abide by Internet Café interpretation of the above. Internet Café technical staff are available for assisting the Customer with the interpretation or application of the any of these rules.
ABUSE OF INTERNET CAFÉ SERVICES
Any use of Internet Café system resources that disrupts the normal use of the system for other Internet Café customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time and staying connected to modems while not really actively online.
Depending upon the nature and severity of the abuse, the user may receive an email warning, have their processes halted or have their account suspended by Internet Café technical support. If the misuse in unintentional, the suspension may be rescinded following discussion with Internet Café technical support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Internet Café management and may require the payment or a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Internet Café management.
DISCOVERING AND REPORTING ABUSE
Violation of the Internet Café Conditions of use is unethical and in some cases may be criminal offenses. You are asked to report to Internet Café any information you may have concerning instances in which the conditions of use have been or are being violated. Direct any email concerning abuse to staff@radcafe.com . When Internet Café becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible activity, Internet Café may suspend access to services to the individual account in question. This is done to protect the account owner in case the account security has been compromised. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Internet Café management following payment of a reconnection charge. If it is found that the account security was breached by no fault to the Customer, the account will be deleted and a new one created at no additional charge.
Internet Café reserves the right to monitor Customer activities when it is necessary to determine whether or not the account is being used in violation of the Conditions of Use.
OFFENSIVE OR ADULT MATERIALS
Internet Café exercises no control over the content of materials accessed through Internet Café. Some of the materials located on the Internet may be offensive or adult in nature. Customers less than 18 years of age MUST have a parent or legal guardian cosign this agreement verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.
WARRANTIES
Internet Café makes no warranties of any kind, whether expressed or implied, for it's services. Internet Café specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Internet Café will not be responsible for any losses or damages resulting from delays, non-deliveries, miss-deliveries, service interruptions or Customer's errors or omissions. Internet Café will not under any circumstances be responsible for consequential damages.
JURISDICTION
The validity, construction and performance of this agreement shall be governed by the laws of the State of Kentucky.
SEVERABILITY
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
EFFECTIVE DATE
This agreement shall become effective when the Customer's Internet access is enabled.