BorderlandNet : Acceptable Use Policy and Terms of Service Agreement

The subscriber agrees that use of BorderlandNet's Internet services constitutes the acceptance of all stated terms contained in Acceptable Use Policy and Service Agreement.

The subscriber understands that any use of BorderlandNet's services deemed, in the sole discretion of BorderlandNet, to be destructive, obstructive or otherwise contrary to these Policies, including, but not limited to, criminal and illegal activities, sending or posting fraudulent or harassing electronic messages, spamming (sending unsolicited mass emails), intentional propagation of computer viruses, worms, Trojan Horses or similarly malicious code, possession in subscriber's account of programs used to shut down the system, defraud other customers or gain unauthorized access to computers, networks or servers, collecting or harvesting of BorderlandNet usernames and possessing pictures containing nudity in subscriber's BorderlandNet WWW directory shall be subject to immediate termination of BorderlandNet's services. In the event of such termination, BorderlandNet shall not be responsible for the forwarding of any email, preservation of data stored on BorderlandNet's systems, losses of connectivity, or any other losses, direct or indirect.

Subscriber shall not violate any copyright, patent, trademark, or other proprietary rights in their use or posting of information to the Internet. The subscriber shall be responsible for any and all such violations or infringements and shall hold BorderlandNet harmless therefrom.

Refunds for accounts closed due to a direct violation of BorderlandNet's Acceptable Use Policy will be at the discretion of BorderlandNet.

BorderlandNet may transparently filter incoming or outgoing email messages to reduce unsolicited spam, or email-based viruses. BorderlandNet reserves the right to filter or block email messages by message content and/or source email address. The subscriber understands that virus and spam filtering services provided by BorderlandNet are not infallible, and the system may incorrectly identify and filter email messages as containing malicious or unsolicited content. These services are provided “as is” without warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

The subscriber understands that no spam filtering mechanism can completely eliminate unsolicited spam email and the system may filter legitimate email messages, either explicitly or through automated means.

The subscriber understands that no virus filtering mechanism can completely eliminate all viruses. The subscriber acknowledges that is the subscriber’s responsibility to employ all prudent anti-virus measures, including operating an up-to-date virus software package on their home personal computer or business workstation.

Account Terms of Service

Standard BorderlandNet dial up accounts are limited to one PPP login per account at any given time. Multiple login accounts, which allow for multiple concurrent logins to a single PPP account, are available from BorderlandNet for an additional cost.

BorderlandNet's standard account provides access to the Internet. A standard account may not be used to run a server such as a WWW or an FTP server and it is understood that the account will be connected only when a subscriber is actively using the Internet. Automated programs to keep the account active while the subscriber is not utilizing it are in violation of this agreement and those subscribers will have their connection terminated and/or accounts suspended. BorderlandNet offers dedicated Internet access for an additional cost.

BorderlandNet's subscribers may use up to 10 Meg of disk space for a personal website, as long as they contain no commercial content. Commercial content is defined as any material placed on the site for the purpose of making a profit by selling products or services or advertising a business. Any websites containing commercial content will be subject to an additional monthly service charge.

Technical Support

BorderlandNet offers free technical support to assist subscribers with the setup and configuration of BorderlandNet Internet accounts. There is no charge for the phone based technical support. It is to be used when a subscriber requires assistance with problems involving the process of dialing into the system and establishing an Internet connection as well as with problems concerning the sending and receiving of Internet email. Subscribers may also contact BorderlandNet technical support by email at support@BorderlandNet.net. Email messages are answered based on priority (email regarding connection problem or system problems will be answered prior to questions regarding setting up WWW pages, for example). Most messages will be responded to by the following business day at the latest.

BorderlandNet is not responsible for the performance of services provided by organizations outside of BorderlandNet; the speed of the Internet connections not owned or operated by BorderlandNet; and the operation or reliability of any Internet server or computer not owned or operated by BorderlandNet.

BorderlandNet is not responsible for any long distance charges incurred when using our dial up numbers. It is the sole responsibility of the subscriber to check with their local telephone provider to ensure that calling any of our access numbers is a local call.

Billing Policies

To activate a new account, a minimum of the first month's charges and setup charge is required. BorderlandNet Internet service is a month-to-month service and no contract is needed. Charges are billed on the customer’s telephone bill. The monthly billing cycle for Internet is the 26 th to the 25 th.

Any time a check is returned due to insufficient funds, the customer will be contacted and the account holder will be given 5 days to clear the problem through Niagara Telephone Company's billing department. The account will also incur a service charge in addition to the amount specified on the returned check. If the problem is not cleared within the 5-day period the account will be deactivated.

Cancellations: You may email a cancellation request to support@BorderlandNet.net or call the Niagara Telephone Company business office.

Past due balances will be turned over to a collection agency at the discretion of Niagara Telephone Company.

BorderlandNet reserves the right to modify this document at any time in an effort to better serve our customers.