Sunrise Internet Services (SIS)

http://www.sisp.net

Acceptable Use Policy 4/2/2010

General Provisions

1.        Customer's use of Sunrise Internet Services (hereby referred to as SIS) network services constitutes Customer's acceptance of all Terms and Conditions of Sunrise Internet Services. Customer is hereby defined as any person or entity utilizing any service on the SIS network. All provisions of this Sunrise Internet Services (SIS) Acceptable Use Policy apply to all accounts that the Customer has with SIS.

2.        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. Connection to and/or use of SIS constitutes acceptance of these Terms and Conditions.

3.        All individuals accessing SIS represent to SIS that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access SIS unless the express written agreement of such individual's parent or legal guardian has been furnished to SIS. Certain material available through SIS may not be suitable for individuals under the age of 18. 

4.        It is the sole responsibility of the customer to determine if the provided SIS access telephone number(s) will be a local telephone call. Customer is responsible for all phone charges incurred in connecting to SIS. These include local messages units that may be applied to certain measured residential and business telephone lines.

5.        Conferred rights and benefits thereof are non-transferable. Use of SIS network is expressly limited to Customer. Non-Dedicated Dial-up Connection (Standard SIS Dial-up Account) Defined as a client based single-user attended access account. Attended access is defined as interactive use of an established Internet connection by the account holder; more than 300 hours online per month may be considered excessive usage. Interactive use requires the physical presence of the account holder; in other words, attended access. Pings, bots, and auto-checkers used to keep connections running for unattended use are prohibited. Single-user is defined as one concurrent login per access account holder. Multiple concurrent logins for a single-user account will be considered a request for an additional Internet access account and will be billed accordingly. Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user local area network (LAN) to the Internet is expressly prohibited. Dedicated Connection: (SIS Broadband) Defined as client and/or server-based multi-user attended or unattended access account. A dedicated Internet access account connection may be utilized for the purpose of running Internet web servers. Excessive bandwidth usage may be grounds for a restricted or limited connection at SISís determination.            

6.        SIS reserves the right to suspend or terminate Customerís account upon any breach of this Acceptable Use Policy, including, but not limited to: failure to pay for services, multiple connections, sending unsolicited e-mail, excessive bandwidth usage, performing acts harmful to SIS, SIS customers, SIS employees and SIS business relationships or any other user of the Internet.

7.        SIS is not responsible for the protection or privacy of any information held by Customer or transferred through the Internet by Customer.

8.     All computer systems accessing the Internet must be protected by adequate anti-virus protection.

Payment Terms and Conditions

1.        Customer agrees to pay all charges incurred through access of customer account. The right to use the service is not transferable. Payment for all services is to be prepaid in advance, due on the first day of the month, whether or not a printed or email invoice has been provided. Accounts are in default if payment is not received by us within 10 days after the first day of the month due. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 or declined credit card charge of $10 from SIS in addition to any fees charged by your bank. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge in full. First months service may be prorated at the following rate: (1/30) x (monthly charge) x (days of service). A credit card processing fee will be added to any credit card transactions made in person or over the telephone.

2.        SIS reserves the right to CHARGE a LATE FEE and/or suspend Customers account(s) if payment for services is not received by the 10th day after such payment is due. No credit will be issued for time an account is suspended. Charge will be added any future months invoice remains unpaid, at out option. Service may be terminated any time after due date.

3.        SIS reserves the right to suspend or terminate Customers account(s) upon any indication of credit problems including, but not limited to, delinquent payments, rejection of credit card authorization or charges, disputed credit card charges or returned checks. A $10.00 activation fee plus any due fees or charges will be required to reinstate service.

4.        Cancellation of services per customer request must be made in writing before the last business day of the month. No credit or refund will be given for service paid in advance.

5.        (Wireless Broadband Customers Only)  - After one year of service any equipment on loan or rented by SIS shall become property of the client and SIS claims no responsibility for the service, performance or warranty of any equipment. Broadband service reactivation for any reason may be subject to a $100 re-connection fee.

Limited Connection Guarantee

1.        Dial-up Service - SIS provides a limited connection guarantee to new customers. Due to millions of combinations of software and hardware that exist, a small percentage of computer systems are unable to run TCP/IP networking software, or have incompatible hardware, and can not connect to the internet. Customers must contact customer support for assistance within five days of signing up, or receiving SIS software,before any adjustment will be made. If after following all instructions, customer cannot connect to the Internet, the account will be cancelled and a full refund including setup fee will be made. Customer must cooperate fully with SIS Customer Support including following all instructions. SIS reserves the right to inspect or observe the problem prior to granting a refund. Guarantee is void if customer uses software other than that provided or approved by SIS. Connection shall be considered valid if customer can connect to the SIS mail server and send and receive messages, and connect and "surf" on the World Wide Web.

2.        Broadband Service Ė SIS will provide a pre-inspection before installation to measure wireless line-of-sight signal strength. If any problem develops within 5 days after successful installation making the service unavailable, SIS will make a full refund including all hardware, setup and installation fees. SIS reserves the right to inspect or observe the problem prior to granting a refund. Customer must cooperate fully with SIS Customer Support including following all instructions. Guarantee is void if customer uses software other than that provided or approved by SIS. Connection shall be considered valid if customer can connect to the SIS mail server and send and receive messages, and connect and "surf" on the World Wide Web.  Transfer speeds are not guaranteed and may be reduced because of excessive data transfer as determined by SIS. Because of possible new construction, land movement, tree or vegetation growth; there is no Guarantee that connections will be available in the future.

Limitation of Liability, Warranty and Suitability

1.        Unless expressly authorized under terms of written contract, account sharing, for any type of account offered by SIS is strictly prohibited and shall be cause for immediate termination of service.

2.        It is SIS's policy to make reasonable efforts to maintain customer confidentiality, and as such, will not to provide, sell, or in any way disclose customer information to any organization, advertiser, or third party, except when legally ordered to by an officer of the court. Notwithstanding, SIS disclaims any obligation or warranty to maintain the confidentiality of customer information or identity, and shall not be liable for any accidental disclosure by other services located on the Internet, the customer, or any other individual or user of the Internet. Customer shall assume all responsibility for taking precautions to avoid being placed on mailing lists or receiving unsolicited email ("SPAM"). SIS also reserves the right to filter mail deemed abusive to the network in order to provide reliable service for our customers.

General User Conduct

1.        SISís services may only be used for lawful purposes. Users are prohibited from storing or transmitting information, data, or images that violate national or state regulation or law. Violations include but are not limited to material protected by copyright, trademark, patent, trade secret, proprietary rights, common law, or any other local, state, or national statute. Users are prohibited from allowing such illegal materials to be downloaded from their computer. SIS reserves the right to remove such illegal materials from its servers and to terminate customer accounts that violate this agreement.

2.        Users are prohibited from transmitting on or through any of SISís services any material that is unlawful, abusive, obscene, hateful, threatening, or libelous or that encourages conduct that would constitute a criminal offense, precipitate civil liability, or otherwise violate any local, state, national or international law.

3.        Users are prohibited from reselling any SISís services unless specifically permitted and documented in a written agreement.

System and Network Security

1.        Users are expressly prohibited from attempting to circumvent user authentication or security of any computer, network, or account (commonly referred to as "cracking"). Users are also prohibited from accessing data not intended for user access, logging into computers or accounts for which authorization has not been granted, or probing the security of SISís network or any other network.

2.        Users are prohibited from attempting to disrupt service to any individual user, computer, or network (commonly referred to "denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a computer.

3.        Users who attempt to violate or who indeed violate the security of any computer host or network may incur criminal or civil liability. Individuals who violate SISís security will be prosecuted to the full extent of the law. SIS will also cooperate fully with investigations of violations of computer or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

World Wide Web Homepage and E-mail

1.        Personal web pages or Homepage space may be used for personal homepage, advertising, business purposes, and/or taking orders for products and services. Web space must not exceed the allotted size, limited to 2,000 MB of traffic per month.

2.        Support for Personal web pages are limited to email, and will be answered by the Webmaster during business hours only. Free live technical support via telephone is not available for free Personal Web Pages.

3.        Users are prohibited from making text, images, or other materials available on their website, web page, homepage or server that violate or infringe on any copyright, trademark, patent, statutory, common law, proprietary rights, or trade secrets of others.  Website, web page, homepage or server must not contain adult-oriented materials or anything not suited for all ages including children.

4.        Users are prohibited from sending e-mail that is abusive, obscene, hateful, threatening, or libelous.

5.        Users are prohibited from sending harassing e-mail, whether through language, size, or frequency of messages.

6.        Users are prohibited from sending unsolicited e-mail.

7.        Users are prohibited from sending unsolicited bulk e-mail messages, commonly referred to as "Spam". This includes but is not limited to bulk mailing of advertisements, get-rich-schemes, informational announcements, political comments, and religious tracts. Such messages can only be sent to individuals who have requested the information. An e-mail message is considered "Spam" if a single message or substantially similar messages is/are sent to more than 10 addresses.

8.        Users are prohibited from initiating or propagating chain letters.

9.        Users are prohibited from sending "mail bombs" (flooding a user or service provider with very large messages or numerous pieces of e-mail).

10.     Any violation of e-mail policy will result in the cancellation of all accounts held with SIS.

USENET News  (not included)

1.        SIS does not provide a news feed. SIS is not responsible for the content (either textual or graphical) of any USENET News post.

2.        Users must comply with the written charters, FAQís, and netiquette of the various newsgroups.

IRC (Internet Relay Chat)

1.        The content in IRC is uncensored. SIS is not responsible for the content (either textual or graphical) of any IRC post, regardless of whether the post was made by an SIS user.

2.        Users are prohibited from running IRC robots (commonly referred to as "bots" or "clones").

3.        Users are prohibited from attempting to impersonate another individual or use IRC anonymously by disguising either their hostname or username.

4.        Users are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host.

5.        Users are prohibited from engaging in communication or other activities (e.g., "flooding", "flashing", "takeovers", and "ignore") that are intended to harass other users. SIS reserves the right to ban any user from its IRC server who engages in disruptive activities. Such determination will be at the sole judgment of SIS.

FTP (File Transfer Protocol)

1.        Reselling FTP space is expressly prohibited, unless specifically permitted and documented in a written agreement.

2.        Users are prohibited from storing files that contain pornographic images on SISís FTP server.

3.        Users are prohibited from storing pirated software or software designed to facilitate copyright infringement, unauthorized access to computer systems, credit card fraud, or any other illegal activity.

Falsification of Identify

1.        Users are prohibited from impersonating another user or falsifying their user name in e-mail messages, USENET News postings/replies, IRC, or any other service provided by SIS.

2.        Users are prohibited from forging header information contained within e-mail messages and USENET News postings/replies.

Warranties

1.        SIS makes no warranties of any kind, whether expressed or implied, for the services it is providing. SIS also disclaims any warranty of merchantability or fitness for a particular purpose. SIS reserves the right to refuse or discontinue service to anyone for any reason.

2.        Customer shall backup all data on their computer prior to calling for assistance from SIS technical support. SIS will not be responsible for a customerís inability to restore damaged or lost data. SIS will only assist with configuring software used for Internet use. If SIS provides any other assistance it is as a courtesy and is offered as a suggestion only. If in doubt, always consult the manufacturer of the equipment or software in question.

3.        Customer shall use information obtained through the Internet at Customerís own risk and Customer indemnifies and holds harmless SIS, SIS customers, SIS employees and SIS business relationships from any claims resulting from the use of information obtained through the Internet.

4.        SIS reserves the right to modify this Acceptable Use Policy without notifying Customer. The most current version of the Acceptable Use Policy will be posted on our Web Site located at: http://www.sisp.net/setup/useragre.htm . Customersí use of services shall constitute Customers acceptance of the current Acceptable Use Policy between SIS and Customer.

5.        Non-enforcement of any items in this Acceptable Use Policy does not constitute consent and SIS reserves the right to enforce the Acceptable User Policy between SIS and Customer at its sole discretion.

6.        This Acceptable Use Policy and the legal relationship between SIS and Customer shall be governed and interpreted in accordance with the laws of the State of California.

7.        Use of SIS services constitutes acceptance of this Acceptable Use Policy.

 

Questions regarding this Acceptable Use Policy should be sent to webmaster@sisp.net

Activities that violate any part of this Acceptable Use Policy should be reported to abuse@sisp.net