Acceptable Use Policy : Terms and Conditions
Last Updated : 12/09/2004

Acceptable Use Policy : Terms and Conditions

I. Introduction

This constitutes a System-wide policy for the management of computer data networks and the resources made available by RediLynx™, as well as stand-alone computers that are owned and administered by RediLynx™ , the RediLynx™ Broadband Internet Partnership, hereafter referred to as RediLynx™. The policy reflects the ethical principles of the RediLynx™ community and indicates in general, what privileges and responsibilities are characteristic of the RediLynx™ computing environment. RediLynx™ reserves the right to change the policies at any time and it is the customer's responsibility to periodically review and agree to adhere to these policies. Use of RediLynx™ facilities in any way constitutes acceptance of these terms and conditions of acceptable use.

By use of RediLynx™ Network services and or facilities, all users are assumed to have read and agreed to the terms and conditions stated herein. Further, prospective customers are assumed to have read and agreed to the terms and conditions referenced herein prior to installation and commencement of service.

II. Acceptable Use

This represents a guide to the acceptable use of the RediLynx™ Network. Any RediLynx™ customer - in order to use the network or any other networks which are used as a result of their RediLynx™ connection - must comply with this policy and the stated purposes and Acceptable Use Policies of any other networks or hosts used. Failure to comply or deliberate acts of misuse, or illegal use will result in one or more of the following: suspension of account privileges, termination of account, reimbursement of expenses incurred (legal, resources consumed, and other relevant expenses), and possible criminal prosecution. RediLynx™ reserves the right to modify or change these policies and customers must, on a periodic basis, review these policies.

1.        To respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user, or to download or attempt to download RediLynx's password file(s) or access control information.

2.        To respect the legal protection provided by copyright and license to programs and data.

3.        To respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system. Unsolicited email and newsgroup posting is considered harassment unless it is done by RediLynx™ for purposes of updating customers and potential customers of services provided by RediLynx™.

4.        To not use the system for any purpose when it interferes with production usage. Any experimental use requiring modification to router software or protocol layers, uses any script other than client-side scripts or the use of FrontPage extensions, requires prior review by RediLynx™.

III. Policy and Guidelines

The following policies and guidelines will be applied to determine whether or not a particular use of RediLynx™ is appropriate:

1.        The intent of this policy is to make clear certain uses which are consistent with the purposes of RediLynx™, not to exhaustively enumerate all such possible uses.

2.        At its sole discretion, RediLynx™ may at any time make determinations that particular uses are or are not consistent with the purposes of RediLynx™. Please note that the web space provided for personal use associated with a personal account is not for commercial purposes. If you require space to promote a product, service, or business, an upgrade to a Business package is required.

3.        Malicious use is not acceptable. Use should be consistent with the ethical standards accepted by the community. RediLynx™ may not be used in ways that violate applicable laws or regulations. Use of RediLynx™ and any attached network in a manner that precludes or significantly hampers its use by others is not allowed. Examples of unacceptable use include, but are not limited to, the following:

1.        Harassment of other users

2.        Libeling or slandering other users

3.        Destruction of or damage to equipment, software, or data belonging to RediLynx™ or other users

4.        Disruption or unauthorized monitoring of electronic communications

5.        Unauthorized copying of copyright-protected material.

6.        Violation of computer system security

7.        Unauthorized use of computer accounts, access codes, or network identification numbers assigned to others

8.        Use of computer communications facilities in ways that unnecessarily impeded the computing activities of others (such as randomly initiating interactive electronic communications or e-mail exchanges, overuse of interactive network utilities or e-mail, and so forth)

9.        Violation of software license agreements

10.     Violation of another user's privacy

11.     Automated network programs such as robots, infobots, and the like.

12.     Public Posting of Offensive material: pictures, graphics, video, audio, text or language (e.g. Hate Speech, Pornography, etc...We make this determination.).

13.     Excessive email spools (IMAP email stored on our server 10MB is allocated for each user account).
 

4.    Connections or content which create routing and usage patterns that are inconsistent with the effective and shared use of the RediLynx™ network may not be established.

5.        Spamming Policy "Spamming" is the act of distributing mass unsolicited messages to email addresses or newsgroups. Spamming wastes the time and money of all users of the Internet. RediLynx™ customers should not have to bear the cost of receiving, relaying or processing unsolicited messages to or from any user on any network, nor should they have to deal with the messages themselves. "Spamming" is a violation of the RediLynx™ Acceptable Use Policy, and will be dealt with accordingly. Attempting to use RediLynx™ network facilities for the purposes of relaying E-Mail for Non RediLynx™ customers will be considered a criminal intrusion and will be dealt with accordingly. It is contrary to RediLynx™ policy for any user of an RediLynx™ service to participate in any of the following activities through a RediLynx™ provided service:
 

1.       To send a single message, article, or advertisement to more than ten Usenet or other newsgroups, message boards, chat areas, mailing lists, FAX machines, pagers or other groups or lists.

2.        To send off-topic messages to any Usenet or other newsgroups, message boards, chat areas, mailing lists, FAX machines, pagers or other groups or lists as determined by the charter, FAQ, owner, or description of the group or list.

3.        To send unsolicited mass e-mail to more than twenty-five e-mail addresses if the messages provoke complaints from any or all of the recipients.

4.        To falsify information provided to RediLynx™ or other users of RediLynx™ products and services.

5.        To engage in any of the preceding activities using the services of another provider in conjunction with one or more RediLynx™ services.

Violations of RediLynx Spam Policy may result in a charge of $25.00 for each spam complaint and $1.00 for each message determined to be ‘Spam’.

IV. Security

RediLynx™ will assume that users are aware that electronic files are not necessarily secure. Users should inform themselves of the methods available for protecting information on RediLynx™ from loss, tampering, unauthorized search, or other access. Levels of obtainable security will vary depending on the computer system. Secure file transfer methods employed by RediLynx™ may be available to users at additional costs.

RediLynx DOES NOT guarantee security of E-Mail stored on our servers. E-Mail may be deleted or lost at any time due to maintenance or equipment issues. Users are required to back up their E-Mail data onto their personal computers on a regular basis. RediLynx is not responsible for lost E-Mail

RediLynx IS NOT responsible for E-Mail defined as SPAM per RediLynx Rules or E-Mail detected as containing Virus Signatures or carrying potentially harmful attachments. Such files may be deleted from the RediLynx network and will not be relayed.

Firewall and Virus Protection

RediLynx™ does not supply "Firewall" technology for its users; however, RediLynx™ does scan ALL e-mail messages relayed by RediLynx™ servers. RediLynx™ users must be aware that any E-Mail messages that contain or appear to contain virus's, trojans, or other malicious code will not be relayed and will be deleted without further action or notification. RediLynx™ assumes no liability for messages not delivered to the intended recipient due to this activity. Although RediLynx™ does scan all E-Mail messages, users are responsible for their own protection and are urged to obtain and employ anti-virus software on their own. RediLynx assumes no liability for E-Mail mistakenly identified and deleted  as malicious.

Confidentiality
In general, RediLynx™ will treat information stored on computers as confidential (whether or not that information is protected by the computer operating system). Requests for disclosure of information will be honored only under one of the following conditions:

1.        When authorized by the owners of the information;

2.        When required by U.S. Federal or Arizona State law.

Except when inappropriate or prohibited by law, users will receive notice of such disclosures. (Viewing of information in the course of normal system maintenance does not constitute disclosure.)

Warning
Users of electronic mail systems should be aware that electronic mail in its present form cannot be secured and is, therefore, extremely vulnerable to unauthorized access and modification.

Responsibility of Users

The user is responsible for correct and sufficient use of the tools available for maintaining the security of information stored on each computer system. The following precautions are strongly recommended:

1.        Computer accounts, passwords and other types of authorization that are assigned to individual users should not be shared with others.

2.        The user should understand the level of protection each computer system automatically applies to files and supplement it, if necessary, for sensitive information.

3.        The computer user should be aware of computer viruses and other destructive computer programs, and take steps to avoid being a victim or unwitting distributor of these processes.

Ultimate responsibility for resolution of problems related to the invasion of the user's privacy or loss of data rests with the user.

V. Remedial Actions

When RediLynx™ learns of possible inappropriate use, RediLynx™ staff will notify the customer responsible, which must take immediate remedial action and inform RediLynx™ of its action. In an emergency, in order to prevent further possible unacceptable activity, RediLynx™ may temporarily disconnect or suspend the account of that customer from RediLynx™. Violators of this policy will be subject to the termination of their account. Violations of the policies described above for legal and ethical use of RediLynx™ will be dealt with in a serious and appropriate manner. Failure to comply or deliberate acts of misuse, or illegal use will result in one or more of the following: suspension of account privileges, termination of account, reimbursement of expenses incurred (legal, resources consumed, and other relevant expenses), and possible criminal prosecution. Illegal acts involving RediLynx™ may also be subject to prosecution by the proper authorities at the discretion of RediLynx™ or the proper authorities. 

Specific remedial actions: Any RediLynx™ customer violating the RediLynx™ Acceptable Use Policy will have their services immediately disabled pending a review of the alleged violation. If a violation of this policy is found, a fee of $250.00 per hour will be charged for time spent resolving the violations. RediLynx™ reserves the right to terminate service to any customer it deems in violation of RediLynx™'s Acceptable Use Policy.

VI. Disclaimer

The Internet provides access to information, including without limitation, numerous websites, chat rooms, conferences, lists, bulletin boards, electronic mail solicitations and information servers (the "Sites"). Some of the Sites may contain objectionable and/or offensive material. RediLynx™ cannot and does not take any responsibility for the content of the sites. Please be aware of the potentially objectionable and/or offensive material found on the Internet. Your authorized access to, and use of the Internet is conditioned upon your recognition that RediLynx™ neither assumes responsibility for, nor endorses, any of the content found in any of the Sites. RediLynx™ MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SITES OR THEIR CONTENT. The software RediLynx™ may supply and the accompanying files (the "software") are distributed "as is" and without representations or warranties of any kind, whether express or implied. RediLynx™ specifically disclaims all warranties regarding the software, including any warranties as to performance, merchantability, or any other warranties whether express or implied. Using the software and accessing the Internet through RediLynx™ are contingent upon your agreement to release RediLynx™ and its officers, directors, shareholders, employees, agents, successors and assigns (the "released parties") from any and all claims and liabilities resulting from your use of the software or the Internet, including without limitation, any claims or liabilities for damage to your computer system or data files. By using the software and accessing the Internet, you are assuming the entire risk of using the software and the Internet. You further agree to indemnify and hold harmless each of the released parties from any claims or liabilities resulting from your use of the Internet including your publishing of any information on the Internet.

VII. Billing Policy

RediLynx™ bills its customers on a monthly basis. Customers are expected to pay for their service in a timely manner.

Billing Procedures

Customers paying by credit card will automatically be charged on the first of each month. Account balance, amount charged, and invoice detail information may be made available to customers on the RediLynx™ web site. Customers paying by cash or check will receive a mailed invoice on or around 15th of each month, and are expected to send RediLynx™ a check for the full amount due within 15 days from the invoice date. Payment is due PRIOR to the first day of the month service is provided. All customer accounts and credit card charge authorizations will be automatically renewed each month unless RediLynx™ receives a written cancellation notice.

Declined or Rejected Credit Cards and NSF Checks

If a credit card charge is rejected because of a lost/stolen card or a closed/canceled credit card account, the customer's RediLynx™ account will automatically be suspended. If a credit card charge is declined due to insufficient funds, an expired card, or incorrect card number, the credit card charge will be re-tried. If 3 successive attempts to charge the customer's credit card result in declines, the customer's account will be immediately suspended. If a customer submits a check for payment of RediLynx™ services that is returned for insufficient funds, the customer will be notified and his/her RediLynx™ account will be charged a $100 fee.

Delinquent Payments

RediLynx™ bills its customers on a monthly basis. Payment is due by the 1st of each month preceding service, whether payment is made by check, cash, or credit card. All consumer accounts more than 45 days past due will be suspended. In order to release the account, the customer must pay the total outstanding balance and a $45 re-activation fee. If an account that has been suspended for nonpayment reaches 60 days past due, it may be canceled and turned over to a collection agency. A customer wishing to restart a RediLynx™ account after being terminated for nonpayment must pay the $45 re-activation fee.

Refund Policy

RediLynx™ will refund 100% of the first month Access Fees if a customer is not able to get connected to the Internet or is not completely satisfied with RediLynx™'s service within 30 days or 1 hour of on-line use.  Beyond this time period, service and equipment fees are non refundable. Installation Fees are non-refundable after the installation has been completed and connectivity demonstrated. No refunds will be issued for violation of these acceptable use terms, or any termination for cause of non-payment or delinquency in account.

RECAP:

Payment is due by the 1st of each month preceding service.

Your account is delinquent if payment is not received within 15 days of the due date.

You may be charged 1.5% per month after 30 days late.

Your service may be disconnected after 45 days, this is your written notice.

Disconnected service is subject to a $45.00 reconnect fee after all delinquent amounts and interest applied are paid.

A Deposit or Credit Card (NOT A DEBIT CARD) may be required for chronically late accounts.

VIII. Support

The primary purpose of RediLynx™'s support desk is to provide help to our customers in the following areas:

·         Getting connected to our service

·         Installing RediLynx™ provided software

·         Solving Service Related Issues

Because the software available from the Internet is nearly boundless, we are unable to provide help with software and operating systems we either do not supply or are unfamiliar with. RediLynx™ does not charge for normal support calls, however, RediLynx™ reserves the right to charge for calls and support that is outside the areas listed above.

IX. Wireless Network

Customers accessing the Internet or Intranet services via RediLynx™ Wireless Network do so subject to the following conditions:

 

• No computer shall be connected to the network without an account and IP address specific to that computer or device. Users are expected to, when able, use DHCP to automatically assign themselves an address. The Address will be reserved for each user on a MAC level, and is in-fact, static. The use of DHCP allows RediLynx™ to make dynamic changes to our network infrastructure without re-programming all users.
   
• Use of a NAT device, connection sharing, a router or other device is subject to a 4 computer limitation per IP address, per account If additional computers are required through a shared connection, we must be notified of the presence, type, operating system and intended use (Server or Workstation) of each additional computer or device. An additional fee will apply either per additional computer attached for Home and SOHO users, or a commercial rate will be charged for Business and Commercial users. 
• No user shall directly serve a Web site, Mail Server or other Internet connected facility without a commercial 640K account and specific authorization. Use is subject to bandwidth availability. Excessive traffic may be limited, packet shaped or spooled at the discretion of the RediLynx™ Network Manager. 
• Any user connecting with a commercial account, Business / Residential Gateway, Wireless Office Router, or other standalone device must provide power to that device 24 hours per day. Users in Solar powered installations may request permission to power down their systems when not in use. 
• Any user connecting with a commercial account, Business / Residential Gateway, Wireless Office Router, or other standalone device permits the installation of additional network equipment in support of the network infrastructure that may or may not be required in the provision of service to their account. Further, such customers must not obstruct, modify, move or alter any antennas added in connection with this additional equipment. Ownership of your wireless equipment does not negate this requirement.
• Any user with a commercial account, by use of that account, consents to the use of their facilities for the provision of services from their location, which may include the installation of additional 'cell site' equipment to insure coverage in other areas that may or may not be required in the provision of service to their account. Ownership of your wireless access equipment does not negate this requirement.
• RediLynx™ and their representatives must be allowed access at any reasonable hour for maintenance services to RediLynx™ supplied equipment or co-located common network equipment.
• Direct or indirect file sharing utilities and services are expressly prohibited from the Wireless Network and may result in suspension and/or termination of service. RediLynx™ reserves the right to throttle any user to a CIR of 32Kbps in instances where such users excessive and continuous use precludes other users on any segment from obtaining rated throughput. While RediLynx will not divulge any personal or identifying information for any user, Digital Millennium Copyright Violation Notifications which contain information that identifies specific users or addresses with the dissemination of copyrighted material will be responded to with the responsible parties contact information, that is your name and address. RediLynx is not a shield from behind which to carry out illegal or unethical activities and will not protect the identity of users who practice such. RediLynx will not justify or defend any activities that are contrary to the acceptable use policy set forth herein. RediLynx specifically reserves the right to block access to services such as Napster and BitTorrent.
• It is a violation of the RediLynx Usage Policy to allow the use of any File Sharing software, server, system or scheme that may permit the unlawful sharing, remote user downloading or dissemination of copyrighted material from the RediLynx Network or associated user computers and systems. It is also Illegal.
• Wireless Co-Op Sites (Certain Offices or Shared Residential Area Network Systems ) are supplied with an aggregate shared amount of bandwidth. The nature of the system is cooperation between users on such systems. No Commercial use, ie. FTP or Web Servers, is permitted. Excessive downloads are also discouraged as this prevents Co-Op partners from accessing there fair share of the shared bandwidth allocated to such cells. Abuse of such privileges may result in suspension and/or termination of services. Users on all systems understand that bandwidth may be throttled to assure fair distribution of bandwidth to all users.
• All bandwidth throttling is performed using Stochastic Fairness Queuing and Token Bucket methods.
• NON COMPETE / MULTI USER CLAUSE - NO USER, UNDER ANY CIRCUMSTANCES, SHALL OFFER FOR RESALE, EVEN AT A ZERO RATE, ANY SERVICE PROVIDED BY REDILYNX. THE USE OF 'HOT SPOTS" SHALL BE LIMITED TO ONE ACCESS POINT AT THE USERS PLACE OF BUSINESS, AND SHALL ONLY BE USED BY DIRECT CUSTOMERS AND EMPLOYEES OF THE USER, AT THE USERS PLACE OF BUSINESS. USERS PROVIDING A HOT SPOT SERVICE ARE REQUIRED TO HAVE A COMMERCIAL ACCESS ACCOUNT. ANY USER SHARING ACCOUNT ACCESS WITHOUT PERMISSION  WILL BE IMMEDIATELY TERMINATED, AND A FEE EQUAL TO ONE ACCOUNT FOR EACH USER THE SERVICE WAS SHARED WITH WILL IMMEDIATELY BE CHARGED TO THAT CUSTOMER AND FORWARDED FOR COLLECTION. HOME AND BASIC USERS MUST NOT SHARE THE ACCOUNT ACCESS UNDER ANY CONDITION, EXCLUDING THE USE OF AN IN HOUSE WIRELESS OR CABLE/DSL ROUTER FOR USE WITHIN THE USERS HOME. ANY USER ALSO PROVIDING A COMPETING SERVICE, REGARDLESS OF THE DATA STREAM SOURCE, WILL BE TERMINATED. VIOLATORS OF THIS AGREEMENT AGREE TO A $1000.00 FEE PER OCCURRENCE.