Acceptable Use Policy/Internet Service Agreement

Terms and Conditions

Throughout this AUP, Webkraft shall use the terms "Webkraft Member"; "Member" "Account Holder"; "User"; "Customer"; and "Subscriber" interchangeably to describe any individual who has registered to use Webkraft's Internet Service. Additionally, these terms shall also mean a direct reference to Webkraft customer accounts; thereby holding the account holder(s) responsible for all activities that occur through use of these accounts.

1. Registration Requirements:
Any potential Customer signing up for an Webkraft account must be 18 years of age or older and provide current and accurate billing information including legal name, address, telephone number, and billing method. The Customer is responsible for reporting any and all changes, including new or updated credit card and/or bank information. Webkraft is not responsible for any damages, financial or otherwise, which may accrue due to a misrepresentation of or failure to report current and accurate billing information.

2. Privacy; Cooperation with Authorities:
Webkraft maintains a strict privacy policy. Only the Individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. Webkraft has no obligation to monitor the Services. However, Webkraft will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

3. Telephone Numbers & Fees; Ownership of E-mail Addresses, Usernames & Passwords:
Webkraft provides local access phone numbers in select cities. It is the Customer's responsibility to ensure that their computer is dialing a local phone number before using the service. Webkraft shall not be responsible for any long distance charges incurred by those who utilize the dial-up service. If a Member has questions regarding the local/long distance status of Webkraft access numbers, he should consult his long distance carrier prior to connecting to Webkraft. Usernames, passwords, and e-mail addresses are the property of Webkraft, and Webkraft may alter or replace them at any time. In the interest of security, Webkraft prohibits the use of matching usernames and passwords.

4. Billing Deadlines:
Service fees are billed in advance. Invoice Customers must remit payment to Webkraft by the last day of the month prior to the service period. Credit card and direct debit Customers will be billed between the 15th and 20th of the month for service beginning in the following calendar month. Customers making late payments are subject to a $10.00 late fee.
a) Member agrees to provide Webkraft with updated billing information (name, address, telephone number, and credit card information) within thirty (30) days of the change.
b) Webkraft is not responsible for any charges or expenses (e.g. charges for exceeding credit card limits or overdrawn debit accounts) resulting from charges billed by Webkraft.

5. Cancellation:
A request to cancel an account must be received on or before the last day of the current billing cycle in order to cancel effective at the end of that billing cycle. Customers who cancel under these parameters will be eligible for a refund of prepaid amounts for future billing cycles. All others will receive service through the end of their current cycle; service fees already paid will not be returned.

6. Insufficient Funds Fee:
If a check or direct debit is returned marked "insufficient funds" by a Member's financial institution, that Member will be subject to automatic suspension of the account, a $25.00 "insufficient funds" penalty, and a $10.00 account reactivation/late fee.

7. Late Fees:
Accounts not prepaid by the end of the month will automatically be suspended and charged a $10.00 late fee.

8. Appropriate Usage & Indemnification:
Webkraft accounts may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, threatening or obscene material, or material protected by trade secret. Members agree to indemnify and hold harmless Webkraft from any claims resulting from the use of the service which damages a Member or any party.
Webkraft makes no warranties of any kind, whether express or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Webkraft disclaims any warranty of merchantability or fitness for a particular purpose. Webkraft will not be responsible for any damage suffered from use of its service including, but not limited to, loss of data, delays, misdeliveries, or service interruptions caused by Webkraft negligence or User errors or omissions.
Use of any information, programs, or data obtained from or via Webkraft is at the User's own risk. Webkraft specifically denies any responsibility for the accuracy or quality of information obtained through its services.

9. Duration of Connection.
Webkraft's "Unlimited" access accounts are intended for interactive usage only. These accounts are not intended to provide full-time connections, and service may be disconnected after periods of inactivity or after sessions of excessive length. Subscribers may keep the connection open only when actively using it and may not use any automatic method to avoid an inactivity disconnect.

10. Excessive Traffic.
Any free Web site associated with an Webkraft dial-up account, which exceeds the traffic limits (500 megabytes per month) for such Member, will be billed for excessive Web site traffic at $0.10 per megabyte.

11. Multi-Log/Basic Account Policy & Fees:
An individual account entitles the named User to login to Webkraft's Internet service using one dial-up modem or TCP/IP session at a time; however, an account may be used for multiple logins subject to a charge of $1.00 per hour per concurrent connection using the same login identification (username and password). In addition, any Basic Account may be used in excess of its allocated 10 hours per month subject to a charge of $1.00 per hour for each additional hour. It is the Customer's responsibility to maintain his or her password(s) as private and confidential information. These charges will apply regardless of whether the Account Holder knowingly or unknowingly multi-logged or exceeded the Basic Account monthly usage. The multi-log charges will begin after the first minute of any concurrent dial-up modem or TCP/IP session and will be rounded up to the nearest whole dollar amount for each hour or increment thereof that there has been more than one dial-up modem or TCP/IP multi-log session for each such session. Billing hours are calculated by rounding the duration of a simultaneous connection up to the nearest hour, then multiplying the result by the number of connections minus one. (The first connection is the "original" connection and is not considered to be simultaneous.) Simultaneous connections lasting fewer than 60 seconds are not counted toward billing hours.

Example: A Member and two other individuals simultaneously connect to the Member's Webkraft account for a duration of 01:13:39. The billing hours for this duration will be 2 hours multiplied by 2 simultaneous connections (remember, the first connection isn't included), for a total of 4 billing hours.

If an account is purchased through a reseller who in turn pays Webkraft, the reseller must pay all amounts owing for the account. If the reseller fails to pay Webkraft any amounts due-whether or not the Subscriber has paid the reseller-the User's account will be subject to suspension or cancellation until the reseller has paid all amounts due.

12. Termination:
Webkraft reserves the right to refuse or terminate service without notice if the Customer violates this AUP. Termination will terminate this Agreement, Subscriber's account and all information stored in Subscriber's directory on Webkraft's servers.

13. Restrictions:
Webkraft exercises no control whatsoever over the content of the information passing through its systems. Information stored on the Webkraft servers is subject to certain restrictions including, but not limited to, the following situations:

a. Webkraft reserves the right to remove from its servers any Customer-produced information found to be offensive by members of the Internet community, or unlawful by federal and state regulations (specifically, but not only, protected material). Repeated complaints may result in the termination of a Customer's account.

b. Using an Webkraft account to send bulk e-mail to more than 100 users is not allowed. Users sending letters with more than 10 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 10 recipients and unsolicited commercial mail to multiple recipients are strictly prohibited.

c. Commercial postings to noncommercial newsgroups are prohibited. In addition, postings that are directed to more than 20 groups or to inappropriate or unrelated groups are not allowed. The cross-posting of articles into nonrelated newsgroups is strongly discouraged due to the congestion created by this practice. User data must be stored within the User's assigned home directory, or as assigned by Webkraft staff. Usage of other disk space is prohibited, except by Webkraft system programs making temporary use of the system's public file system areas. All accounts are allocated 8 megabytes of disk storage space for e-mail. Unlimited Access Account Users are allocated 15 megabytes of disk storage space for a Web page (excluding promotional accounts). Disk usage in excess of allocation is billed monthly at $1.00 per megabyte (in 5 megabyte increments) over your normal allocation. Usage-based Account Users are not allocated any disk storage space for a Web page.

14. No-Spam Policy:
While Webkraft takes several steps to block the dissemination of spam, it is impossible to completely filter out unsolicited commercial e-mails. Webkraft maintains a strict no-spam policy. Spam shall herein be defined as, but not limited to definition of, items 13.b and 13.c above in this document. By the continued use our service, Webkraft Account Holders agree not to send unsolicited commercial or mass e-mail from any Internet account (through Webkraft or elsewhere) under any circumstances, nor to use Webkraft services for the collection and distribution of address lists, software, or other information to be used for such purposes. The Account Holder further agrees not to associate Webkraft, under any circumstances, with any such mass mailings. Any Individuals who are cancelled for spamming will incur a $200.00 cleanup fee, which is neither negotiable nor refundable. Any damages requiring extensive repairs caused by spam will result in the offending party being billed at a rate of $125.00 per hour until the repairs are completed to the satisfaction of Webkraft.

15. Domain & Site Restriction:
Webkraft reserves the right to block information including, but not limited to, e-mail, Web sites, and newsgroups from domains and sites which have been deemed an unacceptable risk due to spamming of Webkraft or with a history of spam originating from said sites or domains, until such time as the originating sites implement measures to cease outgoing spam.

16. External Network Access:
Users who access other networks through Webkraft must comply with the rules appropriate for that network. Unlawful or intrusive access is strictly prohibited and includes, but is not limited to attempting to penetrate security measures and/or port scanning, whether or not the intrusion or attempt results in corruption or loss of data. Such activities will result in termination of service and/or legal measures.

17. Software License:
Webkraft grants to each Member a limited, nonexclusive, nontransferable, and nonassignable license to install and use the Webkraft access software (including software from third-party vendors that Webkraft distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the services. Each Member agrees to use the Licensed Programs solely in conjunction with the services and for no other purpose. Webkraft may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of Webkraft and Webkraft licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Webkraft and Webkraft's licensors. Members shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
Users may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the software, Users represent and warrant that they are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Contractor/manufacturer is Webkraft, 112 NE 6th Ave.; Williston, FL 32696.

18. Web Site Usage:
Webkraft's site on the World Wide Web with its home pages in the domain www.Webkraft, "Webkraft", or any other site operated by Webkraft (the "Web site") is a complimentary information service offered by Webkraft at no charge to Users.
Webkraft may provide links on the Web site to other Web sites, which are not under Webkraft's control. In general, any Web site which has an address (or URL) that does not contain "Webkraft" is such a Web site. These links are provided for convenience only. Webkraft does not endorse any organization or individual operating the Web site or make a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Webkraft"; (b) the link must "point" to the URL http://www.Webkraft and not to any other pages within the Web site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Webkraft name and trademark(s); (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Webkraft; (e) the link, when activated by a user, must display the Webkraft Web site full-screen and not within a "frame" on the linked Web site; and (f) Webkraft may, in its sole discretion, revoke consent to link to its Web site at any time. All other hypertext links to the Web site must be approved in writing by Webkraft.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Webkraft. Webkraft assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. Users agree to hold Webkraft harmless from all claims based upon the materials posted by others. Also, in exchange for the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, Members will indemnify Webkraft from any claims made by third parties regarding the material provided. Personal information posted to the Web site is posted at the Member's own risk. Webkraft will have no liability arising from use of that information. Users shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. Members agree not to post, upload, or otherwise introduce a virus or other harmful code onto the Web site.
Posting material on the Web site or providing material to Webkraft to use on the Web site will be deemed to be a grant by the User to Webkraft of a license to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so. Users waive all rights of attribution and integrity with respect to the material.

19. Prohibited Activities.
The items listed below, without limitation, constitute violations of this AUP. Webkraft may block access, assess charges, or cancel service to Subscribers who engage in the following activities:

a. Harassment. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another user.

b. Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

c. Threats. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Illegal use. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.

e. Harm to minors. Using the services to harm, or attempt to harm, minors in any way. All use of the services must comply with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Please visit http://www.coppa.org/ for more information.

f. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Modifying headers or using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.

g. Unsolicited commercial e-mail/Unsolicited bulk e-mail. Using the services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited.

h. Unauthorized access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Webkraft's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or trademark infringement. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Webkraft is registered under the Digital Millennium Copyright Act of 1998.

j. Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. News. Webkraft Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Members should familiarize themselves with basic Usenet netiquette before posting to a newsgroup.

l. Network disruptions and unfriendly activity. Using the services for any activity that adversely affects the ability of other people or systems to use Webkraft services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

m. Reselling the services. Reselling the services without Webkraft's authorization is prohibited.

20. Termination:
Members may terminate their account(s) with Webkraft by calling Member Services at 1-352-529-0400.

21. Jurisdiction:
Webkraft's Acceptable Use Policy is governed by Florida law without regard to conflict of law provisions.

22. Complete Agreement & Amendments:
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Webkraft reserves the right to amend, alter, or modify the Acceptable Use Policy at any time and in any way. Any amendment, alteration, or modification is effective immediately upon posting at Webkraft's Web site (http://www.Webkraft.net/aup.htm). Use of Webkraft services constitutes acceptance of these current terms and conditions. Violations of any provision contained herein may result in immediate termination of service with no refund. Webkraft reserves the right to pursue legal action for any damages incurred from violations of these policies.

 

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