Acceptable Use Policy

1. Acceptable Use Policy
2. Legal Information

COL Networks, Inc. and its affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (e-mail) packages and services, World Wide Web hosting arrangements, and other online and Internet-related services.

It is contrary to COL Networks, Inc. policy for any user of any of these services to effect or participate in any of the following activities through an COL Networks, Inc. provided service. COL may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on http://www.carolina.net/legal.htm, electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership in writing either via email to accounts@carolina.net or via postal mail. Your continued use of the COL Service following notice of any modification of this agreement shall be conclusively deemed an acceptance of all such modification(s).

1. To post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
2. To post to any Usenet or other newsgroup, forum, e-mail 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;
3. To send unsolicited e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings could reasonably be expected to provoke complaints;
4. To falsify user information provided to COL Networks, Inc. or to other users of the service in connection with use of an COL; and
5. To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through an COL account, re-mailer, or otherwise through an COL service or using an COL account as a mail-drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect an COL service.
6. COL Networks, Inc. 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, these practices are prohibited by COL's terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to COL services.
7. In addition, COL Networks, Inc. reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
8. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, COL's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and COL will respond as appropriate to these other activities as well.
9. Nothing contained in this policy shall be construed to limit COL's actions or remedies in any way with respect to any of the foregoing activities, and COL 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 COL service, and levying cancellation charges to cover COL's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, COL reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

If you have any questions regarding this Policy, please contact support@carolina.net

Legal

1. Acceptable Use Policy
2. Legal Information

1. Parties. This agreement is between COL Networks, Inc. ( PROVIDER ) and the party as specified in the application ( CLIENT).
2. INTERNET Services only. This agreement covers the INTERNET services only. Not covered by this agreement are the hardware, the communication lines and/or the software for access to the INTERNET, although the provider can sell those to the client subject to a different contract.
3. Communication lines ( if needed ). PROVIDER will assist CLIENT getting the communications lines installed and activated by a telco company at no extra charge.
4. Price change. PROVIDER has the right to change the price of the services at any time.
5. Start of services. The Services will be activated usually the same or next working day provided that the CLIENT has everything to be on the Internet. A schedule will be provided otherwise. The Schedule for line installation, domain activation, equipment and software setup and services activation is an estimate only.
6. Quality of Services. PROVIDER will make the best efforts to provide quality and uninterrupted services.
7. Fees. CLIENT agrees to pay setup fee, monthly fee, usage fee (if any), and web traffic fee (if any). The setup fee and first month fee is due upon sign up. PROVIDER will present a fee schedule to CLIENT before sign up. PROVIDER reserves the right to charge a $25.00 setup fee to upgrade or downgrade existing accounts.
8. Collateral. CLIENT's servers and other equipment located at PROVIDER's premises will be used as collateral for unpaid bills and penalties. Such servers and equipment will not be released until CLIENT pays his bills and/or penalties in full.
9. Late Payment. CLIENT agrees to pay a one time penalty of 6% of the amount due plus 1.5% per month for delayed payments.
10. Billing information updates. CLIENT agrees to provide to PROVIDER any changes to the billing information promptly. This includes credit card info, address, phone, checking account info etc.
11. Acceptable use policy. CLIENT agrees to comply strictly with PROVIDERS "Acceptable use policy". CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the "Acceptable use policy". Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. Services provided by PROVIDER may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. PROVIDER reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. PROVIDER reserves the right to collect from CLIENT any and all fees related to defending PROVIDER in litigation resolving from CLIENTS violation of Acceptable Use Policy. PROVIDER reserves the right to change the "Acceptable use policy" from time to time to reflect the dynamic nature of the Internet. "Acceptable use policy" is available on-line any time or as a hard copy by request only.
12. Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
13. Account sharing. CLIENT agrees to keep his account information confident. PROVIDER shall not be responsible for lack of privacy, large overtime bills or any other consequences of account sharing. Sharing of unlimited accounts is not allowed. PROVIDER will cancel without any compensation any unlimited account used by more than one user.
14. Unlimited usage accounts. All unlimited usage accounts are subject to the following restrictions: A. only for personal use. B. any kind of reselling, sharing, service providing to other parties, public use, hook up of servers, use of software for purposes other than regular Internet browsing etc. is strictly prohibited. C. CLIENT must only be connected to PROVIDER's network when actually being used. This does not include automated tasks such as “stay connected” utilities or automated mail checking utilities. D. Customers utilizing COL partner networks will be limited to 200 hours or less on partner network.  E. Violators accounts can and will be canceled without compensation.
15. Right of refusal. PROVIDER has the right to refuse services to anyone
16. LIMITED LIABILITY. PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, PROVIDER will not censor any content on the INTERNET. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage.
17. No returns. PROVIDER will not return collected fees for services.
18. Cut off period for billing errors. 90 days cut off period is set for billing error claims. CLIENT agrees that he has no rights to claim any billing errors for period earlier than 90 days from the date of the claim. All bills are final after 90 days.
19. Terms. CLIENT can terminate the services with 30 days advance notice in writing only to the billing department by mail or e-mail accounts@carolina.net. CLIENT understands that there will be no reimbursement and no pro-rate if he decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. PROVIDER can terminate this agreement at the end of a billing period. PROVIDER can terminate the agreement immediately without any compensation if CLIENT does not comply with the "Acceptable use policy" available on-line at this address http://www.carolina.net/aup_legal/index.html
20. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
21. Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
22. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
23. Separability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
24. Governing Law. This Agreement was entered into in the State of North Carolina and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of North Carolina applicable to contracts entered into and performed entirely within the State of North Carolina.
25. Choice of Forum. Any action at law or in equity arising under this Agreement shall be filed only in Courts of the State of North Carolina for the County of Robeson or the United States District Court for the Southern District of North Carolina. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
26. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
27. Advice of Legal Counsel. Each party acknowledges and represents that, in executing this Agreement, it has received advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of this Agreement. Further, each party and their counsel have cooperated in the drafting and preparation of this Agreement. It shall be deemed their joint work product and may not be construed against any party be reason of its preparation or word processing.
28. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
29. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
30. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.
31. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
32. Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
33. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
34. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
35. Recitals. The recitals above set forth are incorporated herein by reference.
36. Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association.
37. TradeMarks & Copyrights. CLIENT warrants that is has the right to use the applicable trademarks, if any, and grants PROVIDER the right to use such trademarks in connection with services offered to CLIENT by PROVIDER.