NORTHWINDS NET
POLICY AND TERMS OF SERVICE

(Updated May 17, 2004)

AGREEMENT FOR NORTHWINDS NET INTERNET SERVICE
Northwinds Net is an Internet Service provided by Top Ten Video, subject to your compliance with the terms and conditions set forth below. These terms and conditions may be modified at any time by Northwinds Net, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your subscription to the service shall be deemed your conclusive understanding and acceptance of the modified agreement.

Conditions
Person(s) applying for service must be 18 years of age or older. Minors can be authorized to use this service with the consent of an adult; however, the account must be in the adult's name. It is the adult's responsibility to ensure that the bill is paid in a timely manner.

The customer is responsible to keep all registration information current, including your address and billing information.

Charges and Payments

  • All new subscribers must prepay the first month's access fee before service will be activated. Subscriptions beginning after the 10th of the month will be prorated.

  • All subscribers will be billed at the beginning of each month with payment due by the 10th. Any payments received after the 25th of the month may not appear on your next months bill.

  • Northwinds Net reserves the right to suspend accounts if payment has not been received or if a credit card has expired.

  • If your account has been suspended due to lack of payment, a fee of $10.00 along with all prior balances and the current months access fees must be prepaid at Northwinds Net before reactivation.

  • Subscribers can change their username &/or password at Northwinds Net, Monday - Friday from 10am to 6pm. All changes require a signature and an administration fee of $5.00.

    Services
    Under this Agreement, Northwinds Net will provide the following:
    Implementing a subscriber to Modem ratio of 8-1, Northwinds Net will provide attended dial-up access to the Internet, an e-mail account & a web page (depending on service package). The customer will provide the computer, the modem, any software that may be needed and the phone connection.

    Northwinds Net's free technical support extends to initial configuration of Internet access and e-mail accounts. Other issues resulting from web-site specific applications may not be supported.

    Northwinds Net will make every effort to notify all of our customers via the home page for any scheduled downtime. There may be a few rare exceptions when Northwinds Net will not be able to notify you of downtime due to circumstances beyond Northwinds Net's control.

    Terms

  • Unlimited Attended ("attended" refers to you being in front of your computer) Dial-up Access is defined as an on-demand, temporary connection to the Internet. Using artificial means to maintain a continuous connection is not permitted. The following are not considered as active uses: setting your computer to automatically receive streaming services such as audio or video, continous news service & /or setting your computer to automatically check your email (while you are away from your computer). Northwinds Net has the right to terminate any connection left unattended for more than 20 minutes or any connection lasting more than 8 consecutive hours. Repeated violations will lead to a suspension of the service.

  • Northwinds Net does not allow concurrent use of accounts. Any accounts attempting to double log (two computers logging in with the same username and password at the same time) will be suspended.

  • Sharing of your unlimited attended use account from Northwinds Net with other people that do not reside in your household is strictly prohibited. Northwinds Net strongly recommends that the customer not share his or her password with anyone.

  • Northwinds Net strictly prohibits spamming and bulk e-mail. ("Spamming" refers to the act of sending unsolicited bulk e-mail. Bulk e-mail is defined as a high volume of messages.) If a person is suspected of spamming or sending bulk e-mail, their account will be immediately deactivated.

    NOTE!
    Northwinds Net is not responsible for any material that is posted to a web page that infringes upon copyrights, trademarks, and other liabilities. Northwinds Net will work with law enforcement officials and will release information that is necessary for any investigations. If Northwinds Net notices abuses, Northwinds Net will promptly notify the subscriber(s). Upon notification, immediate corrective action should be taken by the subscriber(s) or Northwinds Net will suspend the account(s). The party(s) involved are responsible for charges that accrue while the account is suspended.

    Some web sites charge access fees and/or sell products and/or services. These fees are not imposed by Northwinds Net but by the party hosting the web site. Charges incurred by visiting such a web site and/or purchases that are made are the sole responsibility of the subscriber.

    Some web sites host adult and/or inappropriate material on the Internet. Northwinds Net is not responsible for the material on any of these sites. Northwinds Net reserves the right to suspend home page(s) and/or account(s) that distribute material(s) in violation with the law.

    Northwinds Net is not responsible for any damage caused to a computer by opening email, downloading software, or viewing web pages which contain viruses. Additionally, Northwinds Net is not responsible for any software or system failures encountered during the installation or use of software provided by Northwinds Net.

    Canceling Service
    Cancellation of service requires the subscriber to fill out a disconnection form at Northwinds Net. In the event that a subscriber cancels service after the 5th of the month, the subscribers account, e-mail account, and web page will be set to be canceled on the last business day of the month and will be charged the full month's access fee.

     

    Northwinds Net Acceptable Use Policy Addendum - May 15, 2004

    This document is intended to describe, in general terms, what is acceptable use of the Northwinds Net Services ("Service(s)") by any Customer of Northwinds Net, their employees, users, or assigns ("Customer(s)"). By using the Services all Customers agree to abide by the rules and conditions below.

    In the most basic terms, any use of the Services that violates the law, regulation, or any of the generally accepted norms of the Internet community, whether or not specifically mentioned in this document, would be considered prohibited and unacceptable use. Northwinds Net, at it's sole discretion, may determine the acceptability of a particular use on a case by case basis. The following are some examples of use that would be considered unacceptable:

    Unsolicited E-Mail
    Unsolicited e-mail, commonly known as Spam, is an unacceptable use of the Services and will not be tolerated. Quite simply, JUST DON'T DO IT! Spam wastes a tremendous amount of Internet resources as well as time and effort for the recipients that need to deal with it. It is a major abuse of the Internet. Anyone determined to be transmitting Spam will be subject to immediate disconnection from the Service, charges for early termination of any contract, charges for the time and effort to deal with any complaints, and any other costs related to the transmission of the Spam.

    Illegal Material
    Posting, transmitting, disseminating, or receiving illegal material is an unacceptable use of the Services. Again, JUST DON'T DO IT! As with any violation of our policies, you would be subject to immediate disconnection from the Service, charges for early termination of any contract, charges for the time and effort to deal with any complaints or legal matters, and any other costs related to the matter.

    Telco Charges
    It is the sole responsibility of Customer to ascertain and pay any telco charges billed directly to Customer for use of any of the Services. In general, this applies to dial-up services. Northwinds Net is not responsible for any telco charges incurred by Customer in using the Services.

    Offensive or Objectionable Content
    Northwinds Net provides the Services "As-Is". With the exception of Spam and Virus filtering for e-mail, Northwinds Net does not in any way block or filter web content. It is the sole responsibility of the Customer to filter any content they deem offensive or objectionable. There are many software packages on the market that Customer may use to assist in filtering such content. Any Customer disseminating such material to recipients who do not wish to receive such material will be subject to the same policies as those sending Unsolicited e-Mail or Illegal Material.

    Worms, Viruses, and other Malicious Code
    Northwinds Net now requires that all Customers utilize anti-virus software and/or firewalls to protect their computer or network. It is the sole responsibility of Customer to protect their system(s) from any such attacks. In the event a Customer system is determined to be infected with or otherwise transmitting a worm, virus, or other malicious code, Northwinds Net may, at it's sole discretion, suspend Service to Customer until the problem is resolved by Customer. If it is ultimately determined that Customer intentionally transmitted such information, the Services will be immediately terminated and the appropriate authorities will be notified. Further, in such instance, Customer will be solely responsible for all charges and costs associated with the early termination of the Services, cleanup of any damage caused, legal costs, and any other costs related to the matter.

    The above is by no means a complete list of unacceptable use.
    This is an addendum to the Northwinds Net policy and terms of service located at
    http://www.northwinds.net/policy.htm

    By utilizing the Services, Customer agrees that Northwinds Net, at it's sole discretion, may determine on a case by case basis if a particular Use is unacceptable and Customer will be subject to the consequences of any such action. These policies are not intended to prevent legitimate business and personal use of the Services and Northwinds Net will make every reasonable effort to avoid doing so.