Internet Services for Northern Nevada

Terms & Policies
Revised: April 28, 2000

Acceptable Use Policy
The The-OnRamp.Net Acceptable Use Policy has been formulated with the following goals in mind:

• Ensure security, reliability and privacy of The-OnRamp.Net's systems and network, and the networks and systems of others
• Avoid situations that may cause The-OnRamp.Net to incur civil liability
• Maintain the image and reputation of The-OnRamp.Net as a responsible provider
• Preserve the value of Internet resources as a conduit for free expression
• Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
• Preserve the privacy and security of individual users

The Acceptable Use Policy below defines the actions that The-OnRamp.Net considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to The-OnRamp.Net customers. If you are unsure whether any contemplated use or action is permitted, please send mail to policy@the-onramp.net and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by The-OnRamp.Net, or connected by the The-OnRamp.Net network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement at http://www.ftc.gov .

Conditions of Use

The-OnRamp.Net services and all other services provided to the subscriber may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use The-OnRamp.Net services for any illegal or unlawful purpose.

The customer is responsible for keeping his billing data with The-OnRamp.Net up-to-date and accurate. You can view your account information at our Account Maintenance area.

The customer is also responsible to ensure that they are dialing the correct telephone number for their location (i.e. Winnemucca, Golconda - 625-1010; Battle Mountain - 635-4800; Imlay, Unionville, Lovelock - 538-7070; Ely, Ruth, McGill – 289-5040.) The-OnRamp.Net is not responsible for any long distance charges that may be incurred by the customer.

Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of The-OnRamp.Net products and services is not allowed, unless specifically permitted and documented in a written agreement by The-OnRamp.Net.

Prior to your due date, The-OnRamp.Net sends an invoice to those customers who prefer to pay for their account by cash/check. However, all customers of The-OnRamp.Net are responsible for paying for their account when their account is due, whether or not they receive an invoice.

The-OnRamp.Net is not responsible for Post Office errors. Customers can view their statements online Account Maintenance. The-OnRamp.Net shall bill customers for services rendered at The-OnRamp.Net standard rates for such services as they are in effect from time to time. All payments are due upon expiration date. Payments not received by the expiration date will result in interruption of services.

A setup fee may be charged to the subscriber to reconnect the services.

Returned checks will be charged a $25 fee. MONTHLY SERVICE IS NOT PRORATED.

Taxes and third party charges will be separately stated on the invoice. The-OnRamp.Net will give customers advance notice of any change in The-OnRamp.Net service charges. Payment is due on the customer’s anniversary date.

Accounts on The-OnRamp.Net, and other services provided by our company, can be cancelled at any time by mail to the following location: P.O. Box 789, Winnemucca, NV 89446. Cancellation notices received by email will not be recognized. Please notify us of your request to cancel prior to the following month in which you wish to cancel; otherwise you will be charged for an additional month. It shall be the responsibility of the subscriber to keep our company informed as to a valid forwarding address to which notice can be sent.

The-OnRamp.Net shall have the right to suspend service to the subscriber at any time, and for reasonable cause, without notice

In the event The-OnRamp.Net is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of our reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Company.

The subscriber agrees that The-OnRamp.Net has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with The-OnRamp.Net is terminated, for any reason, by either The-OnRamp.Net or the subscriber.

No refunds are offered. When you signup for a plan, the plan will stay in force until it has expired, unless you upgrade to a new plan where you account balance will be forwarded to your new account.

The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber. The subscriber on any system account can use no more than one login session at any time unless specified in your plan. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation

Any of the following breaches of policy can result in immediate termination of your account.

Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).

Customers may not attempt to interfere with service to any user, host, or network ("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 host.

Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Users who violate systems or network security may incur criminal or civil liability. The-OnRamp.Net will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Harassment, whether through language, frequency, or message size is prohibited.

Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.

Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.

The-OnRamp.Net will not download any of your email onto one or our computers. If you have a "stuck" email message, The-OnRamp.Net can not see whom the message is from, only the size and date the message was sent. The-OnRamp.Net reserves the right to delete excessively large messages as we see fit.

Forging of header information is not permitted.

The-OnRamp.Net accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.

These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below.

It is required to have an option for users to remove themselves from mailing lists.

The-OnRamp.Net provides uncensored news feed. As such, The-OnRamp.Net does not control the content of the newsgroups available to its customers. The-OnRamp.Net is not responsible for the content of any USENET posting, whether or not a customer of The-OnRamp.Net made the posting.

Postings to USENET newsgroups must comply with the written charters or FAQ’s for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQ explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross posting or multiple posting, also known as "USENET spam").

Customers are prohibited from posting chain letters of any type.

Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.

Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

A customer may not solicit mail for any other address other than that of the customer's The-OnRamp.Net account or service, with the intent to harass or collect replies after The-OnRamp.Net service has been terminated.

The-OnRamp.Net defines unlimited access as follows: A customer is at their computer, interacting with the internet. There should be no programs running to keep the connection active; such as ICQ, Yahoo Messenger, AOL Instant Messenger, Chat Programs, Mail Programs, etc., while you are not physically at your computer. As long as this type of connection is made, then hours are unlimited.

If The-OnRamp.Net determines that you are maintaining your connection with one such program, we will contact you and give you a chance to fix the problem. If the problem is not resolved, you will go into the "Penalty Box."

The-OnRamp.Net defines the "Penalty Box" as a plan in which online sessions are limited to off-peak (10pm-5pm) hours, and sessions are limited to two hours, with a minimum of two hours between each session. The user will be in this "Penalty Box" until they contact The-OnRamp.Net and assure us that the problem has been resolved. If The-OnRamp.Net finds the problem has, in fact, not been resolved, we reserve the right to terminate your account immediately.

The-OnRamp.Net dialup accounts are intended for use by an individual. Multiple logins are prohibited, except as allowed by your plan.

The-OnRamp.Net dial-up accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and online time. The use of resource-intensive programs that negatively impact other system users or the performance of The-OnRamp.Net systems or networks is prohibited, and The-OnRamp.Net staff may take action to limit or terminate such programs.

Password security is the responsibility of the individual user. Users are expected to keep their passwords private. Good passwords should be a minimum of six characters long and contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others. If The-OnRamp.Net finds a user to be logged on twice, we will immediately change the user’s password and notify them of the change.

Interruptions in Service

The-OnRamp.Net is not liable for any errors or interruption in service, whether within or outside of the reasonable control of The-OnRamp.Net. Service may be temporarily unavailable for scheduled maintenance, either by The-OnRamp.Net or third party providers, or because of other causes. The-OnRamp.Net is not required to warn users before these upgrades. The-OnRamp.Net does not refund any money for downtime.

If a customer delivers any equipment to be connected to the The-OnRamp.Net network at the The-OnRamp.Net premises, the customer will have only a license to occupy a space that The-OnRamp.Net may assign or reassign from time to time, and no bailment, rental agreement, or lease is created. The license does not confer upon the customer any right to enter The-OnRamp.Net premises. The-OnRamp.Net may terminate the lease at any time and for any reason with or without notice. The customer assumes all risk associated with locating the equipment at the The-OnRamp.Net premises. The customer is responsible for ensuring that it has made back-up copies of all data on its equipment. The customer is responsible for carrying appropriate insurance on its equipment. The customer assumes the risk that it's equipment may be damaged due to causes within or outside of the responsible control of The-OnRamp.Net. The customer will be responsible for any damage caused to The-OnRamp.Net or other The-OnRamp.Net customers as a result of any malfunction of its equipment. The-OnRamp.Net shall be liable for damage done to customer equipment only if the damage results from gross negligence or willful misconduct. In any event, the The-OnRamp.Net liability for damage to customer equipment shall be limited to replacement of the equipment with comparable equipment or payment of the fair market value of the equipment, without regard for the value of any data stored in the equipment.

Customers are responsible for protecting their password(s) and for any authorized or unauthorized use made of customer password(s). Customers will not use or permit anyone to use The-OnRamp.Net services to guess passwords or access other systems or networks without authorization. The-OnRamp.Net will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. The-OnRamp.Net may change your password if we deem it necessary, with or without contacting the user first.

Customers are expected to be familiar with and to practice good Internet etiquette (Netiquette). Customers will comply with the rules appropriate to any network to which The-OnRamp.Net may provide access. Customers should not post, transmit, or permit Internet access to information they desire to keep confidential. Customers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against The-OnRamp.Net by offended users. The-OnRamp.Net reserves the right to refuse or terminate service at any time. Customers will indemnify The-OnRamp.Net and hold The-OnRamp.Net harmless from any damage to the The-OnRamp.Net business, service, equipment, network, operations, or reputation resulting from customer actions including without limitation any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other sort.

Registration of a domain name confers no legal right to that name. Customers will indemnify The-OnRamp.Net and hold The-OnRamp.Net harmless from any claims associated with the use of customer domain names. When a customer decides to discontinue service with The-OnRamp.Net, the customer will be responsible for arranging for a new name service immediately.

Unless otherwise prearranged with The-OnRamp.Net before the start of service, customers must return all IP addresses issued by The-OnRamp.Net to the customer if the customer discontinues service with The-OnRamp.Net. This is required in an effort to cooperate with the Internic CIDR program to manage router table expansion.

Use of The-OnRamp.Net services is granted at customers’ own risk. The-OnRamp.Net makes no warranty, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. The-OnRamp.Net shall not be liable for any loss or other damage, including but without limitation special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. The-OnRamp.Net has no control whatsoever and shall not be responsible to you for the content of any third party material passing through any network, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

Customers authorize Nevada Bell and any other applicable local telephone service company to allow The-OnRamp.Net access to the Internet portion of your billing records. The-OnRamp.Net will use such information solely to corroborate its billing procedures.

These Terms of Service shall be enforced in accordance with the laws of the State of Nevada. Any notice pursuant to this agreement shall be in writing and shall be deemed given when actually received or, if earlier, three days after deposit into the United States Mail. Notice given by electronic mail shall be deemed received one (1) business day after it is posted to the recipient’s E-mail address. The parties shall submit any dispute relating to the subject matter of this agreement to binding arbitration pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any arbitrary dispute to a court or jury, or to appeal to a higher court. There shall be no arbitration of any claim that would otherwise be barred by a statute of limitations if the claim were to be brought in court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to awards costs and reasonable attorney feed to the prevailing party.

Breach of the attached Terms and Conditions shall constitute breach of this Contract authorizing the Company to immediately terminate the subscriber's internet services with The-OnRamp.Net; forfeit all paid subscriber fees and pursue such other legal remedies as are herein provided. The Company reserves the right to amend the Terms and Conditions from time to time and any such amendments shall become effective upon promulgation. Subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Terms and Conditions, to terminate the Contract, (upon written notice by certified mail) and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Terms and Conditions.

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