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General Terms and
Conditions of Service
This agreement represents the complete understanding between Bay Area
Internet Solutions and the account holder and supersedes any other written or oral
agreement. Upon notice published online by Bay Area Internet Solutions, Bay Area
Internet Solutions can modify or amplify these terms and conditions, modify
service prices, as well as discontinue or change any of the services offered.
Continued use of Bay Area Internet
Solutions services constitute agreement to the terms and conditions and any
modifications to these terms and conditions thereof. If you do not agree to these terms and
conditions, please notify our Accounting department at 800.495.0092, so we may initiate
closure of your account and refund your initial set-up fees if notification is within
7 days of sign up.
Provision of Services
- Bay Area Internet Solutions will provide services on its host computing systems to
individual account holders in exchange for payment of fees and compliance with the terms
and conditions of this document.
- Bay Area Internet Solutions
services are defined as the use by the account holder
of computing, telecommunications, software, and information services provided by Bay Area
Internet Solutions. These services also include the provision of access to computing,
telecommunications, software, and information services provided by others using the
Internet.
- Bay Area Internet Solutions services include access to the complete USENET
discussion groups (newsgroups) and chat groups. Some of the discussions contain language
or pictures about subjects intended for adult audiences. Account holders less than 18
years old must have a parent or legal guardian agree in writing on the registration form
to these conditions to indicate acceptance, and the parent or legal guardian agrees to be
responsible for payment of the account.
- Bay Area Internet Solutions exercises no control whatsoever over the content of the
information passing through. Bay Area Internet Solutions makes no warranties of any kind,
whether expressed or implied, for the service it is providing. Bay Area Internet Solutions
also disclaims any warranty of merchantability or fitness for a particular purpose. Bay
Area Internet Solutions is not responsible for any damage you suffer. This includes
loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions
caused by its own negligence or your errors or omissions. Use of any information obtained
using Bay Area Internet Solutions services is at your own risk. Bay Area Internet Solutions
specifically denies any responsibility for the accuracy or quality of information obtained
through its services.
- Bay Area Internet Solutions will publish a notice of fee increases 30 days before
such increases take effect.
- The service starting date is the day on which Bay Area Internet Solutions activates
the account. The set-up fees and first month fee, as outlined in the Bay Area Internet
Solutions Registration Form, are refundable if the account holder cancels within 7
calendar days of the service starting date.
- Account holder understands that the service period extends for 1 month and is
automatically renewed unless terminated by the account holder or by Bay Area Internet
Solutions. Bay Area Internet Solutions reserves the right to change its fees at any time,
but must inform the account holder in writing at least 30 days prior to the new rate. Fee
changes take effect at the time of renewal. Bay Area Internet Solutions reserves the right
to terminate any account in violation of any term of this agreement.
Use of Material
- Public Domain materials
(for example, images, text, and programs) may be downloaded or
uploaded using Bay Area Internet Solutions services. Account holders may also
redistribute materials in the public domain. The account holder assumes all risks
regarding the determination of whether the material is in the public domain.
- As provided by United States
federal law and by international treaties, copyrighted
materials (for example, images, text, and programs) cannot be uploaded using Bay Area Internet
Solutions services without the permission of the copyright holder. Copyrighted materials
may be downloaded for personal use. Except as expressly permitted, materials under
copyright cannot be distributed to others. Copyrighted material cannot be changed nor
can the author attribution notices nor the copyright notices be modified.
Use of Services
- The account holder agrees to maintain a secure password to the account. Secure
passwords are those that are between 6 and 8 characters long, contain upper and lower case
letters and numbers or other characters, and cannot be found in direct or reverse order in
a dictionary, without regard to the language of the dictionary.
- The account holder agrees to use the services provided by Bay Area Internet
Solutions as permitted by applicable local, state, and federal laws. The account holder
agrees, therefore, not to use these services to conduct any business or activity or
solicit the performance of any activity that is prohibited by law.
- The account holder agrees not to use any process, program, or tool
using Bay Area
Internet Solutions services for guessing the passwords of account holders on this or other
systems. The account holder agrees not to use the services to make unauthorized attempts
to access the systems and networks of others.
- Bay Area Internet Solutions and connecting networks
can be used by account holders
to conduct legal businesses. These businesses should, however, not impinge upon the use of
Bay Area Internet Solutions services by other account holders. Services should not be used
to send bulk unsolicited advertising or promotional materials to other network users.
Electronic mail and appropriate USENET newsgroups can be used in the conduct of legitimate
businesses, but you cannot flood the USENET with a single post to a large number of
newsgroups not related to the topic of your article.
- Account holder will not post advertisements to USENET newsgroups unless the
newsgroup specifically states in its FAQ that advertisements are acceptable.
- No unsolicited email should be sent by account holder. Unsolicited
email is
construed as email sent to an individual or group where the recipient or recipients have
not specifically requested information or a response. Email includes information of any
kind, advertisements, literary works, graphics, voice and video files, and any other
material that can be contained in current or future implementations of email.
- Account holder cannot use their Internet account to harass or abuse other members
of the Internet community or for any unlawful purpose.
Indemnification
- The account holder acknowledges that Bay Area Internet Solutions makes an honest
effort to keep the information available on Bay Area Internet Solutions' systems accurate.
However, Bay Area Internet Solutions can make no warranty of any kind, either expressed or
implied, regarding the quality, accuracy, or validity for the data and/or information
available. Use of information obtained from or through Bay Area Internet Solutions is at
the risk of the account holder.
- The account holder also acknowledges that the information available through the
interconnecting networks may not be accurate. Bay Area Internet Solutions has no ability
or authority over the material. Bay Area Internet Solutions can make no warranty of any
kind, either expressed or implied, regarding the quality, accuracy, or validity of the
data and/or information residing on or passing through these networks. Use of information
obtained from or through Bay Area Internet Solutions services is at the risk of the
account holder.
- The account holder agrees to indemnify and hold Bay Area Internet Solutions
harmless from any claims, including attorney's fees, resulting from the account holder
receiving Bay Area Internet Solutions services which cause direct or indirect damage to
another party.
- Bay Area Internet Solutions
is not responsible for any materials stored
on their hosts systems.
Payment of Fees and Penalties
- The Bay Area Internet Solutions accounting cycle begins on the 1st of each
month. Invoices are mailed on the 1st day of each billing cycle, and payment is due upon receipt of
our invoice. Monthly charges for new accounts are prorated.
- All payments for service are required in advance of receiving services.
- Delinquent accounts are those that remain unpaid at the beginning of the next
accounting cycle.
- Accounts that are delinquent on the 15th are put on
"accounting hold" and cannot be used. Accounts that are unpaid for two
accounting cycles automatically have their files archived. Accounts that are unpaid for
three accounting cycles have their files purged. Bay Area Internet Solutions accounts
continue to accrue charges while they are on hold.
- Bay Area Internet Solutions
charges an
administration fee for non-payment of account. The account
holder acknowledges responsibility for the account until payment in
full is made. For each user ID, this administration fee is as
follows: Dial-up: $10.00; email: $1.00; DSL: $20.00; and T1,
Co-locations, and other services: $150.00.
- There is a $20.00 service charge for each returned check.
- Charge card processing is done on the 1st of each month for the upcoming month.
Charge notification is sent to the account holder each month by
email.
- Account holders are
sent notification about charge cards that expire. Failure to respond with new credit
card information will result in a $10 charge, and the account is subject to
accounting hold.
Account Cancellations
- Cancellation requests for
Bay Area Internet Solutions accounts must be received in
writing by email (to billing@bayarea.net), fax, or postal service at Bay Area
Internet Solutions main office. Such requests must be received by 4 p.m. Pacific time on the
29th of the month to be processed by the beginning of the next accounting
cycle. Charges for terminating accounts are not prorated. All accounts are closed at
the end of the month. If you cancel services at the beginning of the month, you will still be
charged for that month and your account will be closed at the end of that month.
- All Bay Area Internet Solutions accounts must be paid in full before the
cancellation is considered complete.
- Term / Cancellation:
Customer agrees to maintain Services for the length of term agreed
to on the original contract from the service activation date (the
"Initial Term"). If service is not maintained for the
agreed length of term, the standard service activation/cancellation
fee agreed to on the original contract or service order, will be
billed and payable upon cancellation. After the Initial Term,
Services shall automatically renew for successive periods equivalent
to the Initial Term. Customer may terminate the Services at the end
of the Initial Term or any renewal term by providing written notice
to BAIS, Inc. not less than thirty (30) days prior to the expiration
of the term. Termination notice must be sent to: BAIS, Inc. 2650 San
Tomas Expressway, Santa Clara, CA 95051.
- Early
Termination: Customers who terminate Services prior to the end of
the Initial Term, may be liable for any or all of the following:
(1) standard activation/cancellation fee;
(2) an amount equal to the monthly recurring charge multiplied by
the number of months remaining on the Initial Term;
(3) an additional termination charge in an amount equal to any
promotional credit, discount, or fee waiver (if applicable) provided
to the Customer; and
Termination charges are billed in one lump sum and shall be due and
payable immediately upon termination.
Abuse of Services
- Any use of Bay Area Internet Solutions system resources that disrupts the normal
use of the system for other Bay Area Internet Solutions customers is considered to be
abuse of system resources and is grounds for administrative intervention. Some examples of
system abuse include, but are not limited to such things as spawning dozens of
processes and consuming excessive amounts of memory
or CPU for long periods of time.
- Depending on the nature and the severity of the abuse, the user may receive an
email warning or the user's account may be suspended by Bay Area Internet Solutions
Technical Support. If the misuse is unintentional, the suspension may be rescinded
following discussion with Bay Area Internet Solutions Technical Support. If the misuse is
intentional, the suspension may be rescinded at the discretion of the Operations Manager,
and may require the payment of a service reconnection
charge. Occasionally, unintentional misuse is misclassified as intentional misuse.
Customers who believe their activity has been misclassified can appeal to the Operations
Manager.
- Violations of any of the Bay Area Internet Solutions
terms and conditions of use are
unethical and can be criminal offenses. You are expected to report to Bay Area Internet
Solutions any information you may have concerning instances in which the terms
and conditions of use
have been or are being violated. When Bay Area Internet Solutions becomes aware of
possible violations, we will initiate an investigation. At the same time, in order to
prevent further possible unauthorized activity, Bay Area Internet Solutions can suspend
access to services to the individual account in question. Confirmation of violations
can result in cancellation of the individual account and/or criminal prosecution. The account
suspension may be rescinded at the discretion of the Operations Manager, following payment
of a reconnection charge.
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