This document is a list of rules and policies for the Internet Channel. Any user of the Internet Channel must follow these rules and policies in order to keep their membership in good standing.
These rules are not intended to penalize you but, protect us, our users, and the Net. We do not mean for these rules to seem harsh or unfair, but we just want to make sure that the rules of our system are clear. Typically, most users will never come close to a situation where these rules will affect them.
We have tried to keep our regulations to a minimum, so these are the ones that must be obeyed. Failure to comply may result in immediate termination of your account without refund. Please do not try to be creative about getting around the rules. These rules and policies are here to protect you as well as us, so if you have any questions please feel free to contact us.
Remember this:
You are responsible for your account. Your account is your account and should only be used by you. This means that we expect you to maintain a reasonable degree of security and not to share your password or leave it where others can make use of it. Unless we have some reason to believe that your account has been broken into by means essentially beyond your control, we have to hold you responsible for anything done under your username.
Internet Channel: Acceptable Use Policy and User Agreement
General
Use of Internet Channel for illegal activities of kind, including unauthorized use (or attempted Unauthorized use) of Internet Channel's machines or other machines on the Internet, forging header information or user identification informa tion, and software piracy is prohibited.
Sending harassing or mass unsolicited e-mail is prohibited. Forging header inforamtion in e-mail is prohibited. Use of programs such as mflash or storage of such programs on Internet Channel's servers is prohibited.
For more information on Internet Channel's e-mail policies, see paragraphs 21 and 22 of the user agreement, below.
Internet Relay Chat
Use of IRC bots or storing them on Internet Channel's servers is prohibited. Impersonating other users by forging one's email address is prohibited.
Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.
World Wide Web
Use of web pages for advertising purposes requires an Internet Channel commercial account. Reselling web space, selling advertising on a web site, or taking credit card orders requires an Internet Channel commercial account. For more in formation, see the Internet Channel Commercial Services page.
Use of text or images created by others without their permission is copyright infringement and is prohibited.
For information about charges which may apply to high-traffic web sites, see Internet Channel's information about setting up home pages.
Sites which receive extremely high traffic may be required to move from the user web server to another Internet Channel web server.
Public FTP Sites
Use of Internet Channel's FTP server for advertising purposes requires an Internet Channel commercial account. Reselling FTP space is prohibited.Using Internet Channel's FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited. See paragraph 19 of the user agreement for more information.
Storage/Transferring of Files
Quotas are in effect on storage space in your shell account. 10Mb is the limit, but you can go up to 15Mb for a period of 14 days. Additional space is available in 10Mb blocks for $5 per block. Please contact us at 212-243-5200 if you are interested in obtaining a larger storage space. We can work with you to suit your needs.Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Internet Channel file that is not located in the user's own directory structure and owned by the user is prohibited. This includes but is not limited to sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.
Hacking/Cracking software, utilities, or files
Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.
The Internet Channel User Agreement
Internet Channel agrees to provide and User agrees to receive access to the
Internet Channel Internet, telnet, or dial-up service according to the following
terms and conditions:
1. All provisions of Internet Channel's Service Agreement ("Agreement") apply 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 Internet Channel 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.
3. User agrees to use the service in a 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, Internet Channel reserves the right to cooperate with
all or any law enforcement agencies.
4. User agrees to follow the Acceptable Use Policy of any network User
connects to, including Internet Channel's system.
5. 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).
6. Use of Internet Channel for advertising or promotion of a commercial product or
service without an Internet Channel business account is prohibited. Reselling
of web space on the Internet Channel server is prohibited.
7. User is responsible for all use of User's account(s) and confidentiality
of password(s). Internet Channel 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. Internet Channel is not liable
for any usage and or charges prior to Internet Channel making the necessary
account alteration.
8. User is responsible for all local and long-distance telephone charges
for connecting to Internet Channel.
9. User agrees to pay Internet Channel 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.
10. User is responsible for charges at the time the service is used and
Internet Channel may apply the amount due to User's credit card at any time.
11. Internet Channel reserves the right to change prices on 30 days notice
published Online.
12. Internet Channel 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.
13. The Internet Channel 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 Internet Channel or any information or software therein. This in no
way includes any reimbursement for losses of income due to disruption of
service by Internet Channel or its providers.
14. Neither Internet Channel nor its Information Providers are responsible for any
damages arising from User's use of Internet Channel or by User's inability to
use Internet Channel service.
15. Internet Channel reserves to right to change without notice the Internet Channel
service, including, but not limited to, access procedures, hours of
operation, menu structures, commands, documentation, vendors and
services offered.
16. Internet Channel is not responsible for User's personal files residing on
Internet Channel. User is responsible for independent backup of his/her data
stored on Internet Channel.
17. Internet Channel reserves the right to delete User's personal files after one
or both parties terminates agreement.
18. Internet Channel reserves the right in its sole discretion to delete any
information entered into Internet Channel by User. Internet Channel 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
Internet Channel 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 Internet Channel.
20. Internet Channel, at its sole business judgment, may terminate this membership
Agreement immediately or suspend User's access to the service upon any
breach of this membership Agreement by User, including, but not limited
to, refusal or failure to pay for services provided or by sole judgment
of Internet Channel that User may be performing activities harmful to Internet Channel
or its Users, employees, vendors, business relationships or any other
users of the Internet.
21. The following violations of "netiquette" are grounds for immediate
suspension of service pending investigation by Internet Channel 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 emailings (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 Internet Channel and
using an account on Internet Channel as a mail drop for responses.
(d) Continued harrassment of other individuals on the Internet after
being asked to stop by those individuals and by Internet Channel.
(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 Internet Channel, whether on our IRC server or any
other. Such software may not be stored on Internet Channel.
22. Users whose accounts are terminated for any of the above infractions
are also responsible for the cost of labor to cleanup and respond to
complaints incurred by Internet Channel.
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
New York.
24. Internet Channel may modify these terms and conditions upon notice published
Online via Internet Channel. User's use of Internet Channel 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 Internet Channel 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 Internet Channel's agreement on all other
paragraphs shall remain valid.
27. Monthly Dues must be paid on a timely basis to maintain User's membership
privileges. Monthly dues 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. An account will be suspended if payment
is not received within 30 days from the due date. All files, information and
mails under the account will be preserved for 45 days from the date the payment
is due. If the payment is not received after 45 days, all files, information, and
mails under the account will be deleted. If one wishes to use the service again,
he/she must re-apply as a new user.
28. When paying by check, User expressly authorizes Internet Channel to debit
User's checking account for the amount of a check returned unpaid
by User's bank, plus up to a $30 returned check fee.
29. The User is in default of this Contract if: 1. Any User covered by
this contract fails to obey any present or future Internet Channel 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.
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, Internet Channel may suspend
or revoke the User's membership privileges and the User may have to
reapply for membership at the price Internet Channel is charging to new members.
The User agrees to pay Internet Channel's reasonable attorney's fees and court
costs, where permitted, in collecting the amount remaining in the User's
contract as stated in the sales order.
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 Internet Channel.
33. Internet Channel may assign this order, its rights hereunder 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. Internet Channel reserves the right to terminate or change priority of any
process started by said user.
36. Internet Channel reserves the right to collect damages (software, hardware &
man hours) if any harm is done to Internet Channel which requires repair or
reconfiguration of any kind.
37. Internet Channel 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 Internet Channel to cancel during the trial period and
receive verification that cancellation has occurred. Failure to use
the account(s) does not constitute cancellation.
38. Internet Channel unlimited interactive usage dialup connections are not
intended to be full-time dedicated connections and will be disconnected
after 20 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. Internet Channel reserves the right
to impose a restriction on accounts it deems to be in violation of
these conditions.
39. In the event of cancellation of service, User is responsible for the
full current month's charges unless cancellation is received by
Internet Channel by the end of the 20th of the month. Cancellation
notice must be submitted by U.S. mail, email to billing@inch.com, or faxed
to 212-243-8465. If you are submitting your cancellation via US Mail, you must
write ATTENTION CANCELLATION on the envelope.