Acceptable use Policy

... Acceptable Use Policy

iNTOUCH Internet (tm) may only be used for lawful purposes. Transmissions of any material in violation of any US or state statute is prohibited.This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

You agree to indemnify and hold harmless iNTOUCH Internet / iNTOUCH Onsite Computer Consultants from any claims resulting from your use of the service which causes damages to you or another party.
Any access to other networks via iNTOUCH Internet must comply with the rules or Acceptable Use Policy appropriate for that network. Use of iNTOUCH Internet for lawful commercial purposes is both permitted and encouraged.

iNTOUCH Internet agrees to provide and User agrees to receive access to the iNTOUCH Internet(tm) service(s) according to the following terms and conditions:

1. All provisions of iNTOUCH Internet's Customer Agreement applies to the User's Principal Account and Associate Accounts billed to the Principal Account.

2. The benefits or rights conferred by this agreement are nontransferable. Use of iNTOUCH Internet accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. Resale of IP connectivity and/or access to iNTOUCH Internet resources to other individuals or organizations is prohibited.

3. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, iNTOUCH Internet reserves the right to cooperate with any and all law enforcement agencies.

4. iNTOUCH Internet reserves the right to suspend or terminate services and/or access at its sole business discretion. Business reasons may include, but are not limited to: Failure or refusal of monies due to iNTOUCH Internet regardless if unrelated to a specific charge due; activities harmful to iNTOUCH Internet / iNTOUCH Onsite Computer Consultants, its employees, users, business relationships, and other users of the Internet; and violations of other networks and their respective Acceptable Use Policies.

5. User agrees to follow the Acceptable Use Policy of any network user connects to, including iNTOUCH Internet's system. User agrees to provide any information regarding activity on his account should a Federal Bureau of Investigations or other governmental agency seeks assistance in obtaining information for purposes of supplying information leading to an arrest of any person being charged of a crime.

6. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).

7. Use of iNTOUCH Internet for advertising or promotion of a commercial product or service without a iNTOUCH Internet business account is prohibited. Reselling of web space on the iNTOUCH Internet user server is prohibited.

8. User is responsible for all use of User's account(s) and confidentially of password(s). iNTOUCH Internet will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. iNTOUCH Internet is not liable for any usage and or charges prior to iNTOUCH Internet making the necessary account alteration.

9. User agrees to pay iNTOUCH Internet all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING AN INITIAL ACTIVATION SETUP FEE, unless otherwise noted, or waived.

10. User is responsible for charges at the time the service is used and iNTOUCH Internet may apply the amount due to User's credit card, direct payment, or checking account at any time.

11. iNTOUCH Internet reserves the right to change prices upon notice published Online, or by email to it's customers.

12. iNTOUCH Internet reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges. Customer will be charged any charge-back fees associated with a credit card purchase that’s has trouble processing and is imposed a charge-back fee from our merchant card institution.

13. The iNTOUCH Internet service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to iNTOUCH Internet or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by iNTOUCH Internet or its providers.

14. Neither iNTOUCH Internet nor its Information Providers are responsible for any damages arising from User's use of iNTOUCH Internet or by User's inability to use iNTOUCH Internet service.

15. iNTOUCH Internet reserves to right to change without notice the iNTOUCH Internet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

16. iNTOUCH Internet is not responsible for User's personal files residing on iNTOUCH Internet. User is responsible for independent backup of his her data stored on iNTOUCH Internet.

17. iNTOUCH Internet reserves the right to delete User's personal files after one or both parties terminates agreement or any containing virus, intellectual property of others, anything considered illegal or immortal or offensive to others.

18. iNTOUCH Internet reserves the right in its sole discretion to delete any information entered into iNTOUCH Internet by User. iNTOUCH Internet and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

19. User hereby agrees that any material submitted for publication on iNTOUCH Internet through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on iNTOUCH Internet.

20. The following violations of "net etiquette" are grounds for immediate suspension of service pending investigation by iNTOUCH Internet / iNTOUCH Onsite Computer Consultants, and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailing (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than iNTOUCH Internet and using an account on iNTOUCH Internet as a mail drop for responses.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by iNTOUCH Internet.
(e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(f) Use of IRC "bots" on iNTOUCH Internet, Such software may not be stored on iNTOUCH Internet.
(g) iNTOUCH Internet / iNTOUCH Onsite Computer Consultants reserves the right to attach an additional fee of $.25 per E-Mail to any account in cases of SPAM, bulk Mail, or Unsolicited E-Mail. (h) Posting, sending of virus, worms, trojans, spyware, or any file type consuming or absorbing bandwidth to an excessive degree or transmission of above mentioned.

21. If a SPAM message originates from a user on our network, the user is either warned or cancelled depending on the seriousness of the offense. Repeat offenders are cancelled immediately. E-mail full header information to abuse@intouchmail.net.
If the SPAM originates from outside of our network, we contact the offending network administrator and request that the account that it originated from be cancelled. If it is not, we put the originating site on our block list
and do not allow any further emails to come through from that domain. This cannot be done when the originating domain is a national provider that significant amounts of legitimate email come from, such as AOL, MSN, etc. We regret that we can't do more to prevent offensive and annoying email. More drastic measures would require server-side filtering and censoring that many of our customers would find offensive in and of itself.

22. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of man-hour labor costs to cleanup and respond to complaints incurred by iNTOUCH Internet.

23. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Arizona.

24. iNTOUCH Internet may modify these terms and conditions upon notice published Online via iNTOUCH Internet. User's use of iNTOUCH Internet services after such notice shall constitute User's acceptance of the modifications to this Agreement.

25. Non-enforcement of any section of this Agreement does not constitute consent and iNTOUCH Internet reserves the right to enforce this Agreement at its sole discretion.

26. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and iNTOUCH Internet 's agreement on all other paragraphs shall remain valid.

27. Monthly Fees must be paid on a timely basis to maintain User's Internet access
privileges. Monthly fees charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership, which you may do at any time, unless bound by a specific term or agreement. Payments received later than the due date is grounds for suspension of any iNTOUCH services in effect until the account is brought current. Dialup clients shall be imposed a reactivation fee of $25.00 to reactivate their account, or if the service was not suspended, a late fee of $10.00 will be imposed. High Speed clients shall be assessed a fee of $45.00 if their payment is late or reactivated from our side which does not include any Qwest/Upstream Provider related fees for telephone or DSL services.

28. When paying by check, User expressly authorizes iNTOUCH Internet to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $25 returned check fee and any other restitution considered lawful in the state of collection.

29. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future iNTOUCH Internet rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false. A subscribed user must keep us informed of any telephone, or address changes within 30 days.

30. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

31. In the event the User defaults on this contract, iNTOUCH Internet may suspend or revoke the User's membership privileges and the User may need to reapply for membership at the price iNTOUCH Internet is charging to new members, plus a reconnection fee if imposed.

32. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of iNTOUCH Internet, not limited to DSLAM problems, Internet outages, blackouts, server outages etc.

33. iNTOUCH Internet may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

34. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

35. iNTOUCH Internet reserves the right to terminate or change priority of any process started by said user.

36. iNTOUCH Internet reserves the right to collect damages (software, hardware & man hours) if any harm is done to iNTOUCH Internet which requires repair or reconfiguration of any kind.

37. iNTOUCH Internet may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact iNTOUCH Internet to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.

38. iNTOUCH Internet may offer credits to users who refer additional users who sign up for and keep iNTOUCH Internet accounts through at least three billing cycles, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them. Any company wishing to purchase wholesale may need to consult beforehand in setting up accounts 5 or more. (See our wholesale website - you must obtain a referral from our staff to learn of this website location.)

39. iNTOUCH Internet interactive usage dialup connections are not intended to be full-time dedicated connections and will be disconnected after 5-30 minutes of inactivity. User agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the User is actively using it, and not to provide public information services over the connection. iNTOUCH Internet reserves the right
to impose a restriction on accounts it deems to be in violation of these conditions. We are not the software vendor for the SlipStream High-Speed accelerator program, a user must use this software at his own risk, holding iNTOUCH Internet fully harmless from any damages inccured from the undesired use of this freely provided software.

40. In the event user wishes to cancel service, User is responsible for the full current month's charges unless cancellation is received by iNTOUCH Internet by the end of the 25th of the previous month. Cancellation notice must be submitted by U.S. mail, email to accounting@intouchonsite.com , or faxed to 623-326-1190. If you are submitting your cancellation via US Mail, you must write: ATTENTION CANCELLATION on the envelope.

Questions about these policies may be directed to support@intouchmail.net

Our mailing address is iNTOUCH iNTERNET™ PO Box 5844, Goodyear, AZ 85338

Our physical address (by appointment only) is:

iNTOUCH Onsite Computer Consultants, Inc. 1616 N. Litchfield Road, Suite 240, Goodyear, AZ 85338

Our Telephone (623)935-2525 and (310) 309-0424 Toll free for clients and proposed clients (877)593-9189 Fax number is (623)326-1190

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Rev.March 2004