General Terms and Conditions Listed below are full texts of Waymark Communications' General Policies. Acceptable Use Policy Basic Policies Web Site Policies Dial-up Account Policies DSL Service Policies Other Limitations Billing / Accounting Policies Cancellation and Refund Policy Disclaimer Acceptable Use Policy: The transmission or illegal possession of any material in violation of any federal or state law or regulation is strictly prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged by Waymark Communications to be inappropriate or improper. This specifically includes, but is not limited to, unsolicited bulk or commercial e-mail messages. Customer is hereby put on notice that Waymark Communications has a zero tolerance for unsolicited bulk or commercial e-mail messages and reserves the right to terminate Customers services without notice in the event Waymark Communications becomes aware that Customer, or persons using Customer's services, are using Waymark Communications' network or facilities for the distribution of unsolicited bulk or commercial e-mail messages. Waymark Communications reserves the right to monitor, from time to time, Customer's activity to insure that Customer is in compliance with the terms of this agreement. It is expressly understood that the services provided are furnished on the condition that they will be used only for authorized and lawful purposes. The services are furnished subject to availability of facilities and may be limited from time to time for reasons beyond the control of Waymark Communications. Waymark Communications has the right to limit the manner in which any portion of its telecommunications and or data network is used in order to protect the integrity of the network. Customer must abide by Waymark Communications' Terms and Conditions of Use (Acceptable Use Policy) at all times. Any deviation or violation of Waymark Communications' Acceptable Use Policy shall constitute grounds for immediate suspension of Services hereunder without advance notice to Customer. Such services shall remain suspended until, at Waymark Communications' sole discretion, Customer's actual or proposed use of Waymark Communications' Services conforms to Waymark Communications' Acceptable Use Policy. In the event services are suspended for violation of Waymark Communications' Acceptable Use Policy, Customer shall not be entitled to any credit, offset or other abatement of charges payable under this agreement. Basic Policies Criminal Activity: Waymark Communications is required by law to report any criminal activity that we become aware of. Any account with such activity is subject to suspension and/or termination. Network Monitoring: Waymark Communications cannot and will not monitor ALL activity on our network. In order to continue the quality of operations we currently provide to our customers, we will monitor appropriate pieces of our network including but not limited to traffic, bandwidth, e-mail, files, or any other item related to the legality, performance, and security of our network. Unauthorized Access / Hacking: Waymark Communications prohibits any and all activity that appears to be a search for unauthorized access to our system, or any other system accessible through our network. SPAM / U.C.E.: Waymark Communications prohibits any unsolicited actions including, but not limited to, mail bombing, "spamming", unsolicited e-mailing, or any other action deemed as unwanted or solicitations across any medium including but not limited to e-mail, newsgroups, the World Wide Web, chat boards, and file transfer protocol. Using our services to support spam or bulk mail services is prohibited; methods include, but are not limited to, the facilitation or providing the means to send e-mail or spam through services such as web sites, dns, and mail gateways. Misuse of Services: Waymark Communications prohibits any action considered out of the bounds of a certain medium including but not limited to posting un-moderated messages to moderated newsgroups, uploading information to another site without prior permission, and using anonymous FTP sites as temporary storage for any files, pirated or not. Censorship: Waymark Communications does not have a censorship policy in place for accessing the rest of the Internet. We believe that our customers should have access to all information the Internet has to offer, within legal boundaries. Filtering: Waymark Communications will not be held responsible for any material transmitted from outside the boundaries of our network. If you have an interest in prohibiting certain material, contact our offices for more information. Privacy: Waymark Communications will not release any information about any of its customers without appropriate written legal documents requiring so, i.e., a court order. Web Site Policies Traffic Monitoring: Waymark Communications monitors Web site traffic to provide quality service to our customers. Primary Commercial sites are limited to 500 Megabytes transferred per month, Secondary Commercial sites are limited to 100 Megabytes transferred per month, and personal sites are limited to 50 Megabytes transferred per month. Waymark strictly prohibits any adult or illegal material to be posted on a Web site where Waymark appears anywhere in the URL. Waymark does police the Web sites on our network and if adult or illegal content is found it will be removed immediately and the account will be suspended. Backups: Waymark Communications does perform regularly scheduled backups on the Web servers, however, Web site backup is the responsibility of the customer. Waymark Communications reserves the right to suspend any Web site with unusual usage that effects the performance of our network when not previously made known to Waymark Communications. Dial-up Account Policies All Basic Policies apply. Unlimited dial-up accounts are intended for unlimited interactive access to the Internet. You can dial into Waymark Communications' system at any time. While we do not put an actual time limit on dial-up 33.6K, 56K or ISDN accounts, we do monitor usage. Dial-up accounts are intended for use only as needed, and are in no way intended to be connected when not being used by the subscriber, or to run automated programs, or for any extended period of time. Metered dial-up accounts connected for more than the allotted hours per month will be billed additional service fees according to the then current rates. Use of a dial-up account in a dedicated manner is sufficient authorization for Waymark Communications to charge the customer dedicated rates and collect such charges. Dial-up accounts are used for sending and receiving e-mail, browsing the World Wide Web, transferring files (FTP), chatting, reading and posting within the Newsgroup forums, and other basic Internet activities not listed in the policy. Dial-up accounts must not be used by anyone other than the one person whose name is on the account. Personal Web pages are intended for personal use only. Commercial sites are prohibited in the forum of personal Web pages. Dial-up accounts inactive for 20 minutes will be disconnected. Dial-up accounts cannot be kept alive with pinging programs, e-mail clients that check for mail on regular intervals, or any other program used to keep the connection alive past the inactive time limit. Specific use of auto redial programs is prohibited. Use of ANY Internet Server Software (including but not limited to SMTP, POP, HTTP, FTP, etc...) is strictly prohibited on dial-up and residential services. User IDs and passwords are intended for use solely by the purchaser. The purchaser is responsible for any activity that occurs over their connection. Waymark will not be held responsible for any charges incurred by the consumer. This includes but is not limited to long distance charges, items or services purchased on the Internet, and or damages to your computer from software or viruses from the Internet. DSL Service Polices All Basic Policies apply. Dial-up accounts with DSL service is a metered service and if connected for more than the allotted hours per month will be billed additional service fees according to the then current rates. Residential DSL accounts are used for sending and receiving e-mail, browsing the World Wide Web, transferring files (FTP), chatting, reading and posting within the Newsgroup forums, and other basic Internet activities not listed in the policy. Commercial servers are strictly prohibited on residential connections. Waymark does police the network and if a residential subscriber is caught running commercial servers or reselling their residential DSL connection they will be immediately charged for commercial services and the charges will be back billed to the time the account was established. DSL or Dial-up accounts must not be used by anyone other than the one person whose name is on the account. Personal Web pages are intended for personal use only. Commercial sites are prohibited in the forum of personal Web pages. Dial-up accounts inactive for 20 minutes will be disconnected. Use of ANY Internet Server Software (including but not limited to SMTP, POP, HTTP, FTP, etc...) is strictly prohibited on dial-up and DSL residential services. User ID's and passwords are intended for use solely by the purchaser. The purchaser is responsible for any activity that occurs over their connection. Waymark is not responsible for equipment used for DSL services. If you have trouble with your DSL equipment you will need to contact the manufacture of the equipment. Waymark will provide basic technical support for DSL equipment purchased through Waymark at the time you ordered your service. Waymark will not be held responsible for any additional charges incurred by the consumer. This includes but is not limited to long distance charges, items or services purchased on the internet, and or damages to your computer from software or viruses from the Internet. Waymark does not guarantee availability of services. In the event of an outage Waymark will not be held responsible for any charges, loss or damages incurred by the consumer. Bandwidth, Data Storage and Other Limitations Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgment of Waymark Internet Services, Inc.) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Waymark's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services. Waymark residential customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Waymark. For example, you cannot provide Internet access to others through a dial-up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed. You may not use Waymark's residential service for commercial purposes. Waymark's residential service offering is a consumer product designed for your personal use of the Internet. For example, the service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with Waymark's residential service, nor may you provide network services to others via Waymark's residential service. Examples of prohibited uses include, but are not limited to, running servers for mail, dns, http, ftp, irc, and dhcp, and multi-user interactive forums. For information about commercial or network services purposes, including commercial-grade remote LAN access, please e-mail sales@waymark.net. Billing / Accounting Policies All accounting questions should be addressed to our office at 972-503-1100 in Dallas, 972-529-6275 in McKinney, and 817-336-6275 in Ft. Worth. 25.00 service fee will be assessed for all returned checks. A $6.00 service fee will be assessed for all credit card or bank draft declines. Accounts with a declined credit card or bank account are subject to immediate suspension and or permanent termination. Invoice payments are due within 25 days. Any account delinquent on or after the 25th day is subject to service interruption and or termination. Reconnect charges may apply. All accounts past due more than 25 days will be assessed a one-time late payment fee not to exceed 5% on all outstanding charges. A $5.00 minimum fee will be assessed. Cancellation Policy Although we would like you to remain a Waymark Internet Services, Inc. subscriber forever, we realize there are situations in which you may want to cancel your Waymark Internet service. Please call 972-503-1100 to request a cancellation of service. Cancellation requests MUST be received thirty (30) days in advance of termination in order to avoid additional charges to your account. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE! Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice. Refund Policy: Waymark Communications guarantees satisfaction. All connectivity accounts are covered by a thirty-day (30) guarantee. This entitles an unsatisfied new user to a refund of unused services within the first 30 days of service. Cancellations after 30 days time will not be eligible for a refund. Rewewing accounts may be cancelled and refunded up to 30 days after renewal and be granted a pro-rated refund (less the monthly rate and early termination fees). No refund will be offered on any setup, reactivation fees or accounts established longer than 30 days. All domain name registration fees are NON REFUNDABLE, NO EXCEPTIONS. Termination Policy: We reserve the right to terminate accounts for failing to use service in accordance with our terms and conditions, billing policies, or our Acceptable Use Policy. Subscribers that are discovered to blatantly abuse our Acceptable Use Policy regarding SPAM or Unsolicited Commercial e-mail will be charged a $100 hourly network administrative fee and terminated immediately. Any terminated account must be paid in full before reactivation. Reactivation fees will also apply to accounts that expect to be recreated. Disclaimer Policies are subject to change without notice, or update to Web site. Only officers of Waymark Communications are authorized to modify prices or policies. Any policy listed herein may be superceded by individual contract signed by both Waymark Communications and the customer of record. Waymark reserves the right to enforce policies on an as-needed basis. Waymark will not be held responsible for the recovery of mail kept on mail server at any given time. Mail storage is limited to 10 MB per account and mail kept on the mail server is subject to be deleted after 60 days. Waymark will not be held responsible for any additional charges, loss or damages incurred by the consumer. This includes but is not limited to long distance charges, items or services purchased on the Internet, and or damages to your computer from software or viruses from the Internet. Waymark does not guarantee availability of services. In the event of an outage Waymark will not be held responsible for any charges, loss or damages incurred by the consumer. ACQUISITIONS | SALES AND MARKETING | TERMS AND CONDITIONS | ACCEPTABLE USE POLICY | SITE MAP | HOME © 2004 Waymark Internet Services, Inc. All Rights Reserved.