Terms of Service

I. Introduction

This constitutes InterComm's policy for use of our computer data network and the resources that we make available to our users. The policy reflects the ethical principles of the InterComm community and indicates, in general, what privileges and responsibilities are characteristic of InterComm's users. InterComm's users will directly benefit if our service is used in ways which will build overall system effectiveness, maximize accessibility to the system, minimize unnecessary network traffic and provide a non-threatening environment for all users. To that end InterComm expects that all of its users will adhere to the following Acceptable Use Conditions.

1. InterComm provides a sub-network to the Internet. All users of this network connect to InterComm via a modem through public telephone lines to establish further Internet communications.

2. The number of public network connections to the Internet provided by InterComm is finite. We provide optimum connectivity to the Internet. However, in order to provide optimum Internet access for all users, all users must become aware of their responsibilities as a part of this network. Therefore, users must be aware they are first, a part of a network and second, their use of the network affects others on the network. Therefore, Internet practices that prevent other users to gain access to the network, or engaging in practices which substantially tax Internet bandwidth abnormally must be prevented.

3. General Terms of Service.

• Peak times. Peak times are usually 7pm to 9:30pm, Sunday through Thursday.
• No busy signals. InterComm provides sufficient phone lines such that busy signals should never occur, even at peak times.
• System Failure: We do our best to keep our system running at all times, but do not guarantee 100% reliability, nor will we be responsible for your damages if our system is "down."
• Continuous Access. Use of programs that enable your unattended computer to maintain a continuous connection is prohibited. Whenever necessary to prevent busy signals, we will temporarily or permanently disconnect customers who have been connected more than 10 hours that day, or who employ pinging software, unattended ICQ, auto-dialers and/or other prohibited methods of maintaining an Unattended connection.
• Excessive usage: We reserve the right to refuse further service to any customer for any reason, including customers who are unprofitable due to continuous heavy use of our network.
• Bandwidth limitations. During peak times we discourage continuous use of the Internet for downloading files, and encourage that such downloads be done between 10pm and 9am.
• Idle Timeouts. Idle timeouts are usually set at 60 minutes, but may be as low as 15 minutes during peak times.
• Email Limitations and Spam.  InterComm expressly prohibits users of it's network from mass emailing and has set the maximum number of email messages sent in any 24 hour period to 300.  
• Termination of service: In the event that service is terminated by us, we will promptly refund the prepaid balance of the service period. In the event that service is terminated by the customer, and there is a prepaid balance of 30 days or more, we will promptly refund the entire prepaid balance.

Section II provides further Terms of Service for InterComm.

This represents a guide to the acceptable use of InterComm. Any InterComm customer - in order to use the network or any other networks which are used as a result of their InterComm connection - must comply with this policy and the stated purposes and Acceptable Use Policies of any other networks or hosts that they access. 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 by User's action (legal fees, resources consumed, and other relevant expenses), and possible criminal prosecution.

NOTE: InterComm reserves the right to modify this policy at any time.

III. Policy and Guidelines

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

1. The intent of this policy is to make clear certain uses that are consistent with the purposes of InterComm, not to exhaustively enumerate all such possible uses.
2. InterComm may at any time make determinations that particular uses are or are not consistent with the purposes of InterComm.
3. Malicious use is not acceptable. Use should be consistent with the ethical standards accepted by the community. InterComm may not be used in ways that violate applicable laws or regulations. Use of InterComm 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 or abuse of other users or InterComm staff
2. Libeling or slandering other users
3. Destruction of or damage to equipment, software, or data belonging to InterComm 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. Transmittals of mass E-mailings or Usenet postings.
12. Distribution of unsolicited materials Marketing or advertising material may not be "broadcast" or otherwise sent on an intrusive basis to any user of the network or any directly or indirectly attached network.
13. Using e-mail to impersonate another user
14. Abusive language to our personnel
    
    
4. Connections that create routing patterns that are inconsistent with the effective and shared use of the network may not be established.

IV. Security

InterComm will assume that users are aware that electronic files are not necessarily secure. Users will be informed of methods available for protecting information on InterComm from loss, tampering, unauthorized search, or other access. Levels of obtainable security will vary depending on Users computer system and type of account.

Confidentiality

In general, InterComm 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 Nevada State law.

Except when inappropriate, computer users will receive prior 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
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. User should understand the level of protection each computer system automatically applies to files and supplement it, if necessary, for sensitive information.
3. The microcomputer 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 User's privacy or loss of data rests with User.

V. Remedial Actions

When InterComm learns of possible inappropriate use, InterComm staff will notify the User responsible. The User is then responsible for taking immediate remedial action and informing InterComm of its action. In an emergency, in order to prevent further unauthorized activity, InterComm may temporarily disconnect or suspend the account of that User from InterComm's network. Violations of the policies described above will be dealt with in a serious and appropriate manner. Failure to correct with 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 fees, resources consumed, and other relevant expenses), and possible criminal prosecution.

VI. Disclaimer

As part of the services available through InterComm, InterComm provides access to a large number of conferences, lists, bulletin boards, and information servers. Some of these may contain objectionable material. For those facilities for which InterComm has control, the policies described here apply. InterComm takes no responsibility for the content of those entities overwhich it has no control. Please be aware of the potentially offensive material found in those archives and use the system with the recognition that InterComm neither assumes responsibility for, nor endorses, any of the content found therein.