RadiusNorth

Acceptable Use Policy & Service Terms

RadiusNorth offers Internet access and related services through its system to its subscribers. RadiusNorth does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These terms and conditions of sale set forth the basic rules and conditions that apply to the use of RadiusNorth's services and its system. RadiusNorth at its sole discretion may change these terms and conditions in the future upon notice published on-line or otherwise provided by RadiusNorth. By using RadiusNorth’s services and system, a subscriber agrees to comply with the terms and conditions of sale as published on-line or otherwise available from RadiusNorth from time to time. If any change to the terms or conditions of sale, RadiusNorth’s services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.

1. Lawful Use: Customers of RadiusNorth are expected to observe all lawful regulations of the state of New Hampshire or other governing body which has jurisdiction over the customers location. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the terms of the service agreement. The subscriber and permitted users specifically agrees not to upload, post, or reproduce in any way materials protected by copyright without permission of the copyright owner. Without limiting the foregoing, RadiusNorth’s services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through RadiusNorth’s system must comply with the rules for such other networks. RadiusNorth will co-operate fully with any legal order of search and seizure by an authorized agency regarding use of any account with RadiusNorth.

On-line Conduct...Any action by a subscriber or other user of RadiusNorth’s services or system who in the sole opinion of RadiusNorth, LLC restricts or inhibits other subscribers or users' use and enjoyment of the RadiusNorth services and system is strictly prohibited and may result in the immediate termination. Actions such as: the use of vulgar language, committing or discussing with the intention to commit, illegal activities is strictly prohibited. Specifically, RadiusNorth prohibits the dissemination of pornographic images over its network. Definition of pornography is solely at the discretion of RadiusNorth.

2.Changes to Service: The services provided by RadiusNorth can and will change over time. RadiusNorth reserves the right to change any service offered or the features of any service offered or its system without notice at any time at it's sole discretion.

3.Usage: Service may not be resold in any way, including, but not limited to, reselling the connection, reselling disk space, reselling web services, or hosting web pages for third parties.

Speed...Many factors determine the speed at which a dial-up or wireless connection is made. As such, RadiusNorth does NOT guarantee the speed at which a customer will connect to the internet.

Telephone Charges...RadiusNorth, LLC assumes no responsibility for any phone charges incurred by our subscribers while accessing or using any of our services. Any disputes regarding phone charges are strictly between the customer and their local phone company or long distance provider. It is customer's responsibility to verify or confirm that RadiusNorth’s phone number is a local toll-free call for the customer.

RadiusNorth makes no representation about your cost to dial any number. To find out about access charges, contact your telephone company.

Dial-up Usage Restrictions...RadiusNorth reserves the right to use idle timers which detect when a connection has been idle for greater than a set period of time and then disconnects the user. RadiusNorth reserves the right to terminate service to anyone who intentionally circumvents the idle time-out mechanism. Flat Rate dialup services (a.k.a. unlimited in the industry and if offered) are based on interactive non-commercial usage of up to 250 hours a month (approx. 8.5 hours a day). Any account goes over 250 hours for 2 consecutive months or 350 hours (approx. 13 hours a day) in a one-month period, might be disconnected at peak hours or be terminated.

Each dial-up account is allowed one connection at a time and can not be shared, unless multiple connection service has been purchased!

Spamming is Prohibited...RadiusNorth prohibits the mail practice known as 'spamming'. For this purpose 'spamming' has been defined as follows:

To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;
To post to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
To send unsolicited mass emailing to more than twenty-five (25) email users, if such unsolicited emailing provoke complaints from the recipients;
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an RadiusNorth account or remailer, or using an RadiusNorth account as a maildrop for responses;
To falsify user information provided to RadiusNorth ,or to other users of the service in connection with use of a RadiusNorth service.

RadiusNorth considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, RadiusNorth’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender's account and/or access to RadiusNorth services. In addition, RadiusNorth reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. Any attempt to circumvent the security mechanisms of our system will be considered an abuse of our service. Any deliberate action, which results in a denial of service to other users of our system, will be considered an abuse of our service. Therefore, RadiusNorth’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices will result in termination of the offender's account and/or access to RadiusNorth services. Nothing contained in this policy shall be construed to limit RadiusNorth’s actions or remedies in any way with respect to any of the foregoing activities. RadiusNorth reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the RadiusNorth service, and levying cancellation charges to cover RadiusNorth’s costs in the event of disconnection of dedicated access for the causes outlined above.

Customer agrees to pay minimum $250 as server clean-up fee for spamming others!

4.Payment Terms: All fees for RadiusNorth services are to be paid in advance. Payments not made within 5 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Delinquent accounts will be transferred to our collection agency. Customer is responsible for any and all collection costs.

Returned checks are subject to a $25 returned check fee!

5.Termination and Suspension: A customer may terminate the service of an account at any time after their initial contract has expired . When a customer initiates termination, the customer is obligated to make such notification in writing. This may take the form of an e-mail to billing@RadiusNorth.com, the current invoice sent via US Mail with the word CANCEL clearly written on it, or other letter indicating the cancelation date. It is the responsibilty of the customer to make sure that the letter is received by RadiusNorth at least 10 days prior to then next scheduled payment date, or in such a time frame as to afford RadiusNorth and its correspondant bank a reasonable opportunity to act upon it. When termination is initiated by RadiusNorth, except in the event of non-payment, RadiusNorth will send the reason for the termination via US Mail to the last known address of the account holder. RadiusNorth may delete all data, files or other information that is stored in subscriber's account upon termination at RadiusNorth's convenience.

Suspension or Termination does NOT release liability for charges due.

6.Software: As a courtesy to subscribers, RadiusNorth may accumulate a library of software that is "freeware" or "shareware". RadiusNorth is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. RadiusNorth makes NO warranty of any kind, either expressed or implied, with respect to freeware or shareware available to subsribers. RadiusNorth accepts NO liability of any kind with respect to such software or any damages resulting from use thereof. Subscriber and any other user assumes ALL risk of any kind with respect to such software. The user, and NOT RadiusNorth, must pay all shareware license fees. No subscriber or permitted user will assert any claim against RadiusNorth with respect to any software obtained through RadiusNorth.

7.No Warranty: The customer shall hold RadiusNorth harmless for any and all damages that may result to the customers equipment, data or services that result from the use of the RadiusNorth network. RadiusNorth does not warrant that the network will be availible at all times for use by the customer, nor does RadiusNorth guarantee that the network will function to a customers expectations. Use of the Internet is at the customers sole risk. It is the customers responsibility to protect thier equipment and data from hostile external sources, such as computer viruses and unauthorized entry.

8.Indemnity: The subscriber agrees to indemnify and hold harmless RadiusNorth, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account whether or not authorized.

9.Non-Transferability: Subscriber's account and rights to use RadiusNorth’s services and system is not transferable without RadiusNorth’s consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. Use constitutes 1 use per subscription at any subscribed point in time.

10.Confidentiality: Electronic mail and other transmissions passing over the Internet and through RadiusNorth’s system are not confidential. Accordingly, RadiusNorth does not guarantee the protection or privacy of any information of any subscriber or permitted user using RadiusNorth’s services or system. RadiusNorth and its agents will not disclose any information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

11.Interpretation: These terms and conditions set forth here supersede all other written and oral communications or agreements with regard to this subject matter. A waiver or modification of these terms and conditions shall only be effective if in writing signed by an authorized officer of RadiusNorth. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of New Hampshire without regard to choice of law principles.