|TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
These Terms Of Service And Acceptable Use Policies ("Terms and Policies")
are an essential part of your relationship with SpeedyQuick Networks, Inc.
Throughout this document "SpeedyQuick " is synonymous with "SpeedyQuick Networks,
Inc". By using your SpeedyQuick account, you agree to all of the Terms
and Policies set out in this document.
Residential use (Personal use)
Business use (revenue generation, advertising, etc.)
1. General Terms and Policies. SpeedyQuick is a private corporation
providing a commercial gateway to the Internet. SpeedyQuick's equipment
and facilities may be used to send electronic mail, conduct commercial
transactions, access the World Wide Web, newsgroups and private networks,
engage in on-line chat sessions, transfer files, enjoy audio and video
programming, and otherwise participate in all legal aspects of the Internet
(these uses are referred to in this document as "the Service"), subject
to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred
to in this document as "Subscriber" or "you"). Any use of the service
is subject to any restrictions listed below. By using the Service,
you agree to be bound by all of these Terms and Policies. If you
do not agree to be bound by these Terms and Policies, you must cancel your
account immediately and may not thereafter use or attempt to use the Service.
SpeedyQuick grants you a non-exclusive right to access, use and display
the Service on any computers or other electronic display devices of which
you are a primary user. You may not assign, sub-license or transfer
any rights or obligations of the Service without the express written consent
of SpeedyQuick .
2. Coverage. If you are an individual Subscriber, these
Terms and Policies apply to all persons who gain access through your account.
If you are a commercial Subscriber, these Terms and Policies apply to all
your employees, agents and/or customers. In either instance, a violation
of these Terms and Policies by anyone using your account will be treated
as a violation by you.
Unsolicited Bulk E-mail ("spam") cleanup
$200 + $10 per message sent + $100 per complaint received by SpeedyQuick .
--OR-- $150 per hour spent by SpeedyQuick personnel, whichever is greater.
If you SEND spam, this spam cleanup fee WILL be applied and enforced.
If you fail to pay for your account within 5 days of the date of the invoice, SpeedyQuick may without further notice terminate your account and charge cancellation fees if applicable. Termination does not remove your responsibility to pay all fees incurred up to the date that SpeedyQuick terminates your account. If SpeedyQuick incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
Should you wish to resume service after termination of your account,
you will need to initiate a new account, which will result in an Initial
Account Setup Fee of $75. plus re-installation if necessary.
4. Term. After completion of your original contract term the Service is provided to you on a month-to-month
basis. SpeedyQuick must receive written notice of termination (which
may be by first-class mail or by e-mail) from you at least 30 days prior
to end of your monthly billing period, or the Service will be provided
and charged to you for the following month. Termination at any point
during a billing period does not entitle you to a refund of any payment
already made to SpeedyQuick for that billing period.
5. Grounds for Suspension and Termination. You agree to
comply with these Terms and Policies, as well as the applicable rules,
regulations and policies of any network, bulletin board, newsgroup, web
site or Internet Service Provider accessed through the Service. Any
violation of either these Terms and Policies or the other rules, regulations
or policies noted above may serve as cause for SpeedyQuick to suspend or
terminate your account. You agree that SpeedyQuick has the right, with
or without notice, to suspend or terminate your account upon the first
or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any
applicable statute, law, court order, tariff, regulation, or treaty (including,
but not limited to, intellectual property, communications, privacy, criminal
and international law);
b. Using the Service in a manner intended to abuse or violate
the privacy or property rights of others, including but not limited to
sending of unsolicited bulk e-mail ("spamming"); this ground for suspension
or termination is separate from and in addition to the fees which will
result from such activity;
c. Using the Service in an attempt to break security, or so as
to actually break security of any computer network (including the Service
itself), or to access an account, message, or file which does not belong
d. Furnishing false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or other payment
e. Showing suspected signs of system compromise, misconfiguration,
or similar unusual activity, as deemed or determined by SpeedyQuick personnel,
that may disrupt or have the potential to disrupt the Service for SpeedyQuick
and / or its customers (eg. replicating or reproducing Internet worm traffic,
email viruses, distributed DoS attacks, etc.).
f. Providing a mechanism, either intentionally or unintentionally,
that allows unauthorized users to access the Service, or similarly attempting
to bypass the restrictions of these Terms and Policies.
No bill credit will be given for a period of suspension. In the
event of termination of your use of the Service under this section, SpeedyQuick
may at its sole discretion retain any or all amounts you have paid for
use of the Service as liquidated damages for your actions.
6. Security. You agree not to access or attempt to access
private areas of the Service. You agree to notify SpeedyQuick as soon
as you become aware of an unauthorized use of your account and/or any breach
or attempted breach of security on the Service.
7. Liability. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR
OWN RISK. Except for information, products, or services clearly identified
as being supplied by SpeedyQuick , neither SpeedyQuick nor any of its affiliates
controls, provides, operates, or is in any way responsible for any information,
products, or services accessible through the Service. SpeedyQuick neither
endorses nor is responsible for the accuracy of third-party material(s),
and you agree that SpeedyQuick is not responsible for any loss or damage
caused by your use of, or reliance on, such material(s). You agree
to indemnify and hold harmless SpeedyQuick and its officers, directors, employees,
and other customers and subscribers from any claims, losses, costs, liability,
damages or expenses arising out of the use of the Service.
You understand and agree that you have sole responsibility for your
posting of any information or material to any site or newsgroup on the
Internet, including but not limited to postings to Web sites, whether residing
on SpeedyQuick 's equipment or not, postings to newsgroups, and participation
in any on-line chat sessions. You agree to indemnify and hold harmless
SpeedyQuick and its officers, directors, employees, and other customers and
subscribers from and against any claims, losses, costs, liability, damages
or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice
communications, SpeedyQuick is not acting as a telecommunications carrier
or telephone company, that there is no representation made by SpeedyQuick
as to the suitability of the Service for such use, and that all risk of
connection, transmission quality, and accuracy of communications is solely
yours, and that SpeedyQuick has no liability of any sort for the failure
or lack of quality of such use of the Service.
You agree to be liable for any damages or loss of service which results
in damages to SpeedyQuick as a result of any spamming or other violations
of Section 5 above. These damages include, but are not limited to,
system shut downs, retaliatory attacks or data flooding, and loss of peering
arrangements. You agree that SpeedyQuick may pursue any such claims
against you in court in Ada County, Idaho.
You agree that in no event will SpeedyQuick have any financial liability
8. Warranty. SpeedyQuick MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE
OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU
MAY HAVE TOLD SpeedyQuick ABOUT YOUR INTENDED USE OF THE SERVICE. NO
ORAL ADVICE OR INFORMATION GIVEN BY SpeedyQuick OR ITS EMPLOYEES SHALL CREATE
A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY SpeedyQuick ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS; SpeedyQuick DOES NOT WARRANT THAT THEY
WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
SpeedyQuick DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA
WHICH MAY BE STORED ON OR TRANSMITTED VIA THE SERVICE, NOR DOES SpeedyQuick
GUARANTEE THE SAFETY OR SECURITY OF YOUR COMPUTER, ITS DATA, OR ITS CONNECTIONS
TO SpeedyQuick OR ANY OTHER NETWORK.
9. Content. You understand and agree that information and
access available through the Service may include controversial, sexually
explicit, or other material that may be offensive to you or users for whom
you are responsible. SpeedyQuick has no responsibility for or control
over such materials, and you take sole responsibility for using any available
screening software or other methods of limiting access (specifically including
the access of minors) to any material you may find objectionable.
10. Dial-up Connection. SpeedyQuick does not provide any dial-up
connectivity in association with the Service.
11. Privacy. SpeedyQuick commits to follow the controlling
Federal and state laws respecting Subscriber privacy and data access.
SpeedyQuick will not provide names, addresses, telephone numbers, e-mail
addresses, or other personally identifiable information on any Subscriber
to any third party without prior permission from that Subscriber, or as
required under an appropriate court or administrative directive, including
a facially valid subpoena, or as necessary to render the Service.
SpeedyQuick may provide aggregate data on Subscribers to third parties in
the operation of SpeedyQuick 's business.
You agree that SpeedyQuick has the right to monitor or log your use of
the Service solely as a means of protecting its investments, customers,
the Service, and / or to assist law enforcement agencies--without your
prior approval, knowledge, or consent.
12. Disputes. You agree that any dispute between you and
SpeedyQuick arising out of your use of the Service in any way based upon
your subscription to and/or use of the Service which cannot be resolved
between you and SpeedyQuick will be submitted by the aggrieved party for
binding arbitration under the auspices of the American Arbitration Association.
Any demand for arbitration under this Section must be filed with the American
Arbitration Association. The
arbitration must be held in Ada County, Idaho, and the arbitrator
must be a person with experience in online services operation.
13. Governing Law. These Terms and Policies are governed
in all respects under the laws of the State of Idaho.
14. Amendments. These Terms and Policies may be amended
in any respect at any time by SpeedyQuick upon the posting of the amended
Terms and Policies on the "Legal" section of the Service.
Your continued use of the Service will be deemed consent to any such amended
Terms and Policies. If you do not wish to continue to use the Service
as a result of any such amended Terms and Policies, you may provide notice
of your wish to terminate your use of the Service to:
PO Box 140495
Boise ID 83714