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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.

Definitions
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 to you;

d.  Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information;

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.).

or

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 to you.

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:

SpeedyQuick Networks
PO Box 140495
Boise ID 83714
 
 

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