Terms and Conditions – January
25, 2006
Terms and Conditions
These Terms and
Conditions govern all services provided by Olympic Ridge Wireless (“ORW”) to
its customers, including, but not limited to, Internet access, Broadband, IP Address assignments, Email,
Email filters, FTP, Wi-Fi, Wireless, and
World Wide Web services, (the "Services").
We may change these
Terms and Conditions at any time without notice to you, and any changes shall
become effective immediately upon our posting the amended Terms and Conditions
on this Web Page. We encourage you to
regularly check the Web Page for any changes (The effective date at the top of our
Terms and Conditions will be updated to indicate a new revision.). In the event of a conflict between these Terms
and Conditions and any prior agreement or application governing your account or
your use of the Services, these Terms and Conditions, as amended, shall govern.
Operational Tips
Avoid the use of 2.5 gHz Cordless Phones, they may
interfere with your wireless internet signal or the cordless phone may become
unusable due to the wireless internet signal.
Cordless phones using 900 mHz
and 5.8 gHz should not create a problem. Also the use of Microwave Ovens can cause
interference with your wireless internet service.
Installation of a wireless router at
your site may also interfere with your internet signal. Before installing such a device check with
Olympic Ridge Wireless about setup of the device.
General Account Rules
and Practices – Acceptable Use Policy
The Services and any Olympic
Ridge Wireless equipment associated with them may only be used for lawful
purposes. All Customers of the Services
and users of this Web site shall comply with this Acceptable Use Policy (“AUP”)
and all applicable laws and regulations. As used in this AUP, “Customer is a person or
entity that has entered into a commercial relationship with Olympic Ridge
Wireless which is accepted by Olympic Ridge Wireless. Uses of the Services in violation of this AUP
or any applicable law or regulation are prohibited and may result in the
immediate termination of your account and your right to use the Services
without advance notice to you.
1. Improper uses of the
Services include, but are not limited to:
(a) Attempting to accomplish any unlawful purpose, including but
not limited to storing, sending, or disseminating any material by uploading,
posting, email or other means of “Transmission” that is in violation of any
local, state, or federal law or regulation, that is libelous, obscene,
threatening, defamatory, which infringes upon the intellectual property rights
of another, or which constitutes or encourages conduct constituting a criminal offense
or gives rise to civil liability;
(b) Transmission of any material which a reasonable person could
deem to be objectionable, offensive, indecent, pornographic, harassing,
threatening, or otherwise inappropriate, whether or not Transmission of the
material is unlawful;
(c) Transmission of any material that you do not have a right to
make available under any law or under any contractual or fiduciary relationship
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under non disclosure
agreements);
(d) Transmission of any material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(e) Transmission of any material that contains software viruses or
any computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment
or which impedes others’ ability to use the Services;
(f) Impersonating any person or entity, or falsely stating or
otherwise misrepresenting your affiliation with a person or entity, and/or
forging headers or otherwise manipulating identifiers in order to disguise the
origin of any material transmitted through the Services;
(g) Transmission of unsolicited commercial email or the collection
of responses from unsolicited messages;
(h) Transmission of chain letters;
(i) Attempting to probe, scan or test the vulnerability of a
system or network in any form;
(j) Using any method to breach security or authentication
measures;
(k) Engaging in hacking, denial of service attacks, malicious or destructive
behavior in any form.
2. If you use another
organization's networks or computing resources, you are subject to its
permission and usage policies, in addition to this AUP.
3. Olympic Ridge
Wireless shall not host any servers or allow any clients to use any servers on
its services.
4. All Olympic Ridge
Wireless Services are for end-user use only and may not be resold, commercially
or noncommercial, in whole or in part, directly or indirectly, or on a bundled
or unbundled basis. Customer shall not use the Services in the operation of any
business or service which competes directly or indirectly with Olympic Ridge
Wireless, which determination shall be made by Olympic Ridge Wireless in its
sole discretion.
5. You are responsible
for all use of your Olympic Ridge Wireless account and the Services, whether by
you or another person having access to your account.
6. Olympic Ridge
Wireless may take any one or more of the following actions, or other actions
not listed, at Olympic Ridge Wireless’s sole discretion, in response to
complaints:
(a) Issue written or verbal warnings;
(b) Suspend the account;
(c) Terminate the Customer's account;
(d) Bill the Customer or user for administrative costs and/or
reactivation charges, with
a minimum administrative cost;
(e) Bring legal action to enjoin violations and/or to collect
damages, if any, caused by
violations. Olympic Ridge
Wireless reserves the right to cancel your service at any time and for any
reason.
7. Olympic Ridge
Wireless shall not allow the use of Voice over IP (VoIP)
adaptors or internet telephones on its services without permission.
8. Any client VPN
connection must be coordinated and approved by Olympic Ridge Wireless which
does not guarantee the connection.
The AUP is a tool for
use by Olympic Ridge Wireless and does not create a right in any user or
Customer that is subjected to improper use of the Services or a violation of
this AUP.
Responsibilities for
Proper Account Use and Information
1. You represent that
you are at least eighteen (18) years old and that you are accepting this
agreement on behalf of yourself and any person who access Olympic Ridge
Wireless Services at your location. You assume responsibility to ensure that
all such users understand this agreement and comply with its terms and the AUP. You may, at your discretion permit an authorized
user less than eighteen (18) years of age to use Olympic Ridge Wireless
Services and you acknowledge that you are responsible to provide adult
supervision. You will notify Olympic Ridge Wireless of any changes in account
contact information, such as your address or telephone number.
2. Olympic Ridge
Wireless requests that anyone who believes that there is a violation of these
Terms and Conditions direct the information to: wireless@olyridge.net. If available, please provide the following
information:
(a) The IP address used to commit the alleged violation;
(b) The date and time of the alleged violation, including the time
zone;
(c) Evidence of the alleged violation. When reporting an issue
regarding unsolicited mail, please provide a copy of the email messages with
full headers which typically provides all of the above data. Other situations
may require different methods of providing the necessary information.
Disclaimer of Warranties
and Indemnification
1. ALL USE OF OLYMPIC
RIDGE WIRELESS SERVICES AND THE INTERNET IS AT THE USER’S SOLE RISK.
OLYMPIC RIDGE WIRELESS
'S SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS. OLYMPIC RIDGE WIRELESS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF
ANY ASPECT OF THE SERVICES FOR A PARTICULAR PURPOSE.
2. Olympic Ridge
Wireless shall not be responsible for any damages or costs arising out of any
use or installation of the Service or the unavailability of the Services,
including, but not limited to, damages to your home, computer or other network devices,
damages caused by viruses, damages or costs incurred as a result of lost
profits or revenue, loss of clients, loss of use of computer programs, loss of
data, the costs of recovering programs or data, claims by third parties, loss
of data from delays, non-deliveries, misdeliveries, or service interruptions
caused by Olympic Ridge Wireless's own negligence or your errors and/or
omissions. Olympic Ridge Wireless shall
not be liable for any indirect, special, incidental, cover or consequential
damages arising out of the use or inability to use the Services, even if it has
been advised of the possibility of such damages. In no event shall Olympic Ridge Wireless's
liability exceed the amount paid by you for the Services.
3. Some computer and
network device software and applications have the capability to allow remote
access. Olympic Ridge Wireless
recommends that you disable all print and file sharing and other remote access
capabilities that may allow anyone to remotely access your computer or device. If remote access is enabled on any computer or
device you hereby acknowledge and agree that you do so at your own risk and Olympic
Ridge Wireless shall not be responsible for and assumes no liability for any
authorized or unauthorized access by others to your computer or network
devices. You also agree that you are
responsible to take appropriate security measures to prevent unauthorized
access, including, but not limited to keeping all software updated. Failure to take proper security measures may
cause immediate termination of your service, without notice, at Olympic Ridge Wireless’s
sole discretion.
4. Use of any
information or software obtained via the Services is at your own risk. Olympic Ridge Wireless does not control, nor
is Olympic Ridge Wireless in any way liable for, data or content that accessed
or received via the Services. Olympic
Ridge Wireless specifically denies any responsibility for the accuracy,
completeness, timeliness, usefulness, or quality of any information obtained
through the Services. The Internet contains materials which may be false or
Misleading, sexually
explicit or which may be offensive to you. Olympic Ridge Wireless has no control over and
accepts no Responsibility for such materials. Olympic Ridge Wireless is not a publisher of
third-party content that can be accessed through the Services and is not
responsible for any opinions, advice, statements, services or other information
provided by third parties and accessible through the Services. You are responsible for evaluating such
content and for paying all fees and charges from third-party vendors whose
sites, products or services you access, buy or use via the Services.
5. If you use the
Services to access Web sites or content provided by third parties or to
purchase products from third parties, your personal information may be
available from your computer or software to the third-party provider. The way third parties handle and use your
personal information related to the use of their services is governed by their policies,
not Olympic Ridge Wireless’s. Olympic
Ridge Wireless has no responsibility for third party security policies and
practices, general policies, or their compliance with them.
6. You shall indemnify
and hold harmless Olympic Ridge Wireless, its successors or assigns, from any
claims resulting from your use of the Service which damages you or any other
party.
7. The prices for the
Services are set in reliance upon the enforceability of the disclaimers of
warranties and limitations of liability set forth in these Terms and Conditions
form an essential element of the provision of the Services.
Copyright Information
Customers of Olympic
Ridge Wireless and users of the Services shall not transmit any material (by
uploading, posting, email or by any other method) that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party,
including, but not limited to use of this information on radio, television or
printed media, such as newspapers, magazines or newsletters.
Olympic Ridge Wireless
reserves the right to terminate the Services to any customer or user who is
either found to infringe third party copyright or other intellectual property
rights or who Olympic Ridge Wireless believes in its sole discretion is
infringing these rights.
Web Site Usage
Our Web site on the
World Wide Web at the domain http://www.olyridge.net, any other domain or site operated by Olympic
Ridge Wireless is a complimentary information service offered by Olympic Ridge
Wireless at no charge. We may provide links on the Web site to other Web sites
that are not under our control. These
links are provided for convenience only and are not intended as an endorsement
by Olympic Ridge Wireless of the organization or individual operating the Web
site or a warranty of any type regarding the Web site or the information on the
web site.
Technical Support
Olympic Ridge Wireless
664 Olympic Ridge Drive, Port
(360) 437-8087
Olympic Ridge Wireless
provides free-of-charge telephone technical support to its Customers on a
first-come, first served basis, as well as technical support via e-mail at wireless@olyridge.net. Technical support is
not intended to assist with questions not directly related to the Services. You
are responsible for keeping calls to technical support as brief and succinct as
possible. In order to maintain the
highest overall quality of service to Customers, technical support calls of excessive
duration, frequency, or of matters not directly related to the Services may be
handled or rescheduled at Olympic Ridge Wireless's convenience, and may be
subject to a special handling charge.
Privacy
1. Except as provided in
this AUP, Olympic Ridge Wireless will not divulge any of your personal
information unless:
(a) You give Olympic Ridge Wireless explicit, and specific, prior
permission;
(b) The disclosure is required by law or by legal process
authorized by a court of competent jurisdiction or appropriate governmental
agency;
(c) Olympic Ridge Wireless suspects fraud by a Customer involving Olympic
Ridge Wireless, in which case Olympic Ridge Wireless may investigate and report
any evidence, including personally identifiable information, to law enforcement
officials and to the courts in the course of seeking remedies at law and equity
or;
(d) You make an inquiry, request or complaint that requires
follow-up and we share your information with others to satisfy your inquiry.
2. Olympic Ridge
Wireless reserves the right to audit connections to the Services for security
reasons, to enforce its Terms and Conditions and this AUP, and to maintain and
protect its network and its ability to provide the Services. Olympic Ridge Wireless shall have the right
to investigate suspected violations of this AUP or any applicable law or
regulation, including but not limited to, gathering information from the user
or users involved and the complaining party, if any,
examining material on Olympic
Ridge Wireless’s servers and network, and monitoring bandwidth, usage,
transmissions, and content. Olympic
Ridge Wireless will cooperate with law enforcement authorities and system
administrators at other Internet service providers or other network or computing
facilities in the investigation of suspected violations of this AUP and any applicable
law or regulation. This cooperation may include providing personally
identifiable information about you to law enforcement or system administrators,
including, but not limited to, username, subscriber name, and other account information.
3. Olympic Ridge
Wireless may contact Customers or Web site visitors regarding account status
and changes to these Terms and Conditions and other policies or agreements
relevant to customers of the Services or Web site visitors, and may from time
to time contact its Customers with product and or service information. Olympic Ridge Wireless also may create aggregate
reports on user demographics and traffic patterns for its own use. Olympic Ridge Wireless will make reasonable efforts
to keep your entire email private; viewable only by you and the person to whom
you address it. The person to whom you send email is not legally required to
keep it private. Email is sent plain text over a network and Olympic Ridge
Wireless cannot guarantee that others will not view it.
Service Limitations
Usernames, email
addresses and passwords are Olympic Ridge Wireless property, and Olympic Ridge
Wireless may alter or replace them at any time. You may have many (subject to
limitations) email accounts which are limited to 2500 megabytes of server disk
storage each. Incoming email will be
rejected if the storage limit is exceeded. Viruses and executable attachments
may be blocked from our email servers at Olympic Ridge Wireless’s discretion.
Network Address
Assignments
All network address
assignments issued by Olympic Ridge Wireless (such as Class C, subnet, static
and dynamic IP addresses) are the property of Olympic Ridge Wireless. Network address assignments may be changed by Olympic
Ridge Wireless at any time. In the event
your service with Olympic Ridge Wireless is terminated for any reason, any
network address assignments provided by Olympic Ridge Wireless for your use in
connection with the Services shall revert to Olympic Ridge Wireless.
Usenet
Use of any information
obtained by you from the Usenet is at your own risk. You shall adhere to
established Usenet policies and shall not post to any group until you have
familiarized yourself with the group’s subject, guidelines and restrictions. Bulk posting is forbidden. Most newsgroups do
not allow commercial postings, and you shall verify this restriction before
making any postings. Chain letters shall not be posted.
Billing and Payment
Practices
Prices, fees and
services are subject to change without notice. Bills shall be rendered by email on or about
the first of each month of each quarter and payment is due upon receipt. Billing charges are for the previous quarter’s
service. If we do not receive payment by
the last day of the month, your account may be suspended. If no payment is received within thirty (30)
days after suspension of your account, the account will be terminated and any
data associated with it will be deleted. If your account is suspended due to
non-payment, a reconnect charge may apply. The highest rate allowed by law,
whichever is lower. Suspension or
termination of your account does not remove your responsibility under this
agreement to pay all fees due or incurred on the account, including any
collection and attorneys’ fees incurred by Olympic Ridge Wireless. Reconnection will not be allowed until any
past due amounts, if any, have been paid, and a reconnection charge may apply.
Voluntary Suspension
Accounts may not be
suspended and early termination fees may apply. Re-installation of service is subject
to the installation and setup fees in effect at the time of re-activation.
Cancellation
Requests for service
cancellation must be received in writing, or email. Disconnection by telephone must be followed
by a confirming letter, or email. Cancellation does not relieve you of your past
obligations and charges. If you default,
you agree to pay Olympic Ridge Wireless's reasonable expenses, including
attorney and collection fees, incurred in enforcing its rights under these
Terms and Conditions.
Account Inquiries
Account inquiries or
billing questions should be directed to: wireless@olyridge.net,
360-437-8087.
Export
The
Miscellaneous
Your use of the Services
constitutes your acceptance of these Terms and Conditions as amended from time
to time and your agreement to pay for the Services according to the Olympic
Ridge Wireless’s billing policies as amended from time to time. If any part of these Terms and Conditions are
found invalid, the balance of the Terms and Conditions shall remain enforceable.
If, at any time, Olympic Ridge Wireless does not enforce any right or remedy
available to it under these Terms and Conditions, that failure is not a waiver
of Olympic Ridge Wireless’s right to enforce the right or remedy at a later
time.
Copied, microfiche, scanned or other duplicate or electronic images of this Agreement are admissible for all purposes.