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Subscriber's use of Virtual Networking Services InterNet Access services constitutes Subscriber's acceptance of all Terms and Conditions of Virtual Networking Services. Subscriber is hereby defined as any person or entity utilizing any service on Virtual Networking Services' network. All provisions of Virtual Networking Services Subscriber Agreement ("Agreement") apply to the Subscriber's primary account and any other account(s) billed to the primary account. The benefits or rights conferred by this agreement are not transferable. Use of Virtual Networking Services accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. Unless expressly authorized under terms of written contract, account sharing, for any type of account offered by Virtual Networking Services, is strictly prohibited and shall be cause for immediate termination of service. Subscriber is responsible for all use of account(s) and confidentiality of password(s). Virtual Networking Services will suspend or change access to Subscriber's account(s) immediately upon notification by Subscriber that a password has been lost, stolen or otherwise compromised. Subscriber is responsible for all charges incurred up until notification of password compromise. Any access to other networks through Virtual Networking Services must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass e-mailing, and/or the sending of unsolicited commercial email. (For further information see E-MAIL.) Accounts are contracted with adults of legal age only, and shall be governed by the laws of the State of Washington to use of Subscriber's account(s). Neither Virtual Networking Services nor its access providers are responsible for any damages arising from Subscriber's use of Virtual Networking Services or by Subscriber's inability to use Virtual Networking Services's services. Subscriber is responsible for all equipment and software necessary to connect to Virtual Networking Services. Technical support for InterNet connection is offered to all active subscribers. Virtual Networking Services offers two hours complimentary telephone support per year and fee-for-service on-site support is available on an on-going basis. It is understood that use of Virtual Networking Services' network and/or other InterNet-related services assumes a minimal understanding of the basic operation of a personal computer and that said computer used by Subscriber be in working condition. While Virtual Networking Services will gladly assist Subscriber in setup and configuration of said personal computer to make use of said network and/or services, troubleshooting and/or repair of computer and/or operating system problems is beyond the scope of complementary telephone support. Use of Virtual Networking Services for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Virtual Networking Services machines or other machines on the InterNet, forging header information or Subscriber identification information, and software piracy or illegal distribution of copyrighted material is prohibited.
Virtual Networking Services InterNet access accounts are defined as follows: Non-Dedicated Dial-up Connection
Defined as a client based single-Subscriber "attended access" account. Attended access is defined as
interactive use of an established InterNet connection by the account holder. Interactive use requires the
physical presence of the account holder; in other words, attended access.
Two types of non-dedicated dial-up accounts are available: Use-Based-Billing
whereby the Subscriber is billed for actual on-line time used (see current price
list for rates) and Flat-Rate Billing whereby the Subscriber is billed a
fixed amount each month for up to 250 hours of on-line time.
Reselling of web space on the Virtual Networking Services Subscriber server without a prior resale agreement is prohibited. Personal Home Pages which get extremely high volumes of traffic are subject to surcharges of $10 per 1,000 MB, which apply after 500 MB of traffic per month.
Bandwidth charges for Commercial Web Pages are shown in Virtual Networking
Services' current price list for Web Hosting. You can monitor this traffic with the monthly reports provided by Virtual Networking Services. The number
of "hits" reported by this report includes accesses on individual graphic images. If you have a page which
contain four separate images, then it takes five "hits" to load the page on a graphic browser (assuming the
images aren't already cached by that browser). If one image is repeated throughout a document (such as a
bullet or icon), it is only loaded once per page.
Virtual Networking Services reserves the right to require an upgrade of an account to a higher-end server for
sites which receive extremely high traffic, i.e. for bandwidth, server load, or other considerations.
A Personal Home Page or Commercial Web Page may not be used for any illegal activity,
or any other activities prohibited by Virtual Networking Services or Washington State
or Federal Law.
Storage space for a Personal Web Page is offered at no additional monthly charge for our
Dial-Up, DSL and WDSL account subscribers. Personal Web Page traffic is limited to 500 MB per
month, total of all protocols. Accounts exceeding this traffic level will
accessed bandwidth charges as noted above.
Sending harassing, bulk and/or mass unsolicited email, commercial or otherwise, is prohibited. Bulk email is defined as the same or similar email message sent to more than 25 recipients. Virtual Networking Services offers e-mail list server services for bulk distribution of solicited email materials. Washington State Law prohibits some types of unsolicited commercial e-mail (UCE) as well and you are expected to abide by this law. Harassment of other users of the Virtual Networking Services Network or employees of Virtual Networking Services or it's representatives is grounds for immediate termination of service. In this event if any credits exist on the subscriber's account, refunds will not be made for a partial month in the event less than a month is remaining. All Virtual Networking Services Subscribers agree to use and use only the e-mail address as confirmed at time of sign-up for their "Return" and/or "Reply-To" InterNet email address. The use of a "fake" e-mail address, e-mail address belonging to another InterNet Subscriber, or no e-mail address as a "Return" and/or "Reply-To" InterNet e-mail address is prohibited and such use will be grounds for account termination. Spamming is sending 20 or more unsolicited e-mails of the same message(s). This is prohibited. E-mails that are "spam" originating from Virtual Networking Services will be cancelled by Virtual Networking Services and the originator may be charged for the cost of clean up and responding to complaints. SEE ALSO USENET NEWS GROUP, Breidbart Index. Subscriber shall be held liable for any and all costs incurred by Virtual Networking Services as a result of Subscriber violation of these Terms and Conditions; including but not limited to attorney fees and costs resulting from Postmaster responses to complaints from and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The use of programs such as packet sniffers, host and/or service monitoring, and other similar programs is forbidden. Virtual Networking Services electronically monitors all network services around the clock.
Use of IRC bots or storing them on Virtual Networking Services' servers is prohibited. Impersonating other Subscribers by forging one's email address is prohibited. Flooding, cloning, spoofing, harassment, nuking or otherwise hindering the ability of others to properly use IRC is prohibited.
Reselling FTP space is prohibited.. Using Virtual Networking Services' FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited
Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Virtual Networking Services file that is not located in the Subscriber's own directory structure and owned by the Subscriber is prohibited. This includes but is not limited to sending via FTP, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the Subscriber.
Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.
Use of the Virtual Networking Services news server for software distribution, cross-posting messages to more than 10 news groups, and the posting of off-topic messages to newsgroups are prohibited. "Spamming" is posting 20 or more copies of the same article; continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy). Articles, which are "spam" originating from Virtual Networking Services, will be cancelled by Virtual Networking Services and the originator may be charged for the cost of cleanup and responding to complaints. Excessive crossposting is prohibited. The Breidbart Index (or BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article was crossposted to. BI weights multiposting heavier than crossposting for good reason. Crossposting is easily dealt with at the server and newsreader level. Most news servers can be configured to drop crossposts beyond a certain threshold, and many of the better newsreaders can use killfiles (or other more sophisticated filtering) to automatically hide articles cross-posted to too many groups. Any decent newsreader will also mark a crossposted article as 'read' in all the groups it is posted to after a single reading. Multiposting is different because there is no low-impact way to filter it out in transport or at the client level. Multiposting was the original source of the term 'spam' for net-abuse, coined after a bozo lawyer posted 4000+ individual copies of an ad for immigration services, each to 2 groups. The result was reminiscent of the classic Monty Python 'spam' skit in which every item on a restaurant included the glorious pink meat-like stuff (sometimes many times over, like the "Spam, Spam, Spam, Spam, Spam, Spam, Baked Beans & Spam"); every group one tried to read included a copy of the 'Green Card' spam article. Current Spam thresholds and guidelines: This article is intended to describe the current consensus spam thresholds and ensure that the definitions of these terms are available. It is believed that most, if not all, spam cancellers use these terms and definitions in their work; however, many other people use the terms inappropriately, which leads to confusion in discussions. This is an informal FAQ aimed at clarity and understanding, not anal-retentive correctness. Excessive Multi-Posting (EMP) has the same meaning as the term "spam" usually carries, but it is more accurate and self-explanatory. EMP means, essentially, "too many separate copies of a substantively identical article." "Substantively identical" means that the material in each article is sufficiently similar to construe the same message. The signature is included in the determination. These are examples of substantively identical articles: Byte-for-byte identical messages otherwise identical postings minimally customized for each group it appears in advertising the same service. Articles that consist solely of the same signature articles which consist of inclusions of other user's postings, but are otherwise identical. Cross-posting means that a single message appears in more than one group. Most newsreaders allow you to specify more than one group in a posting. Excessive Crossposting (ECP) also known as "Velveeta", refers to where a "lot" of postings to more than one group each have been made. Some people think cross-posting is "bad". In and of itself, it's good behavior - it allows you to reach more groups with less impact on the net. Especially if you set the followup-to: header to one group. It is "bad" when it's done to provoke flamewars (like cross-posting how to cook a cat between alt.tasteless and rec.pet.cats), but this is not the topic of this FAQ. A spam, EMP, or ECP refers to a posting that has been posted to many places. There is a consensus that there is a point at which it is abuse, and is subject to advisory cancellation.
Spam cancels are non-content based. They're not based on whatwas said, they're based only on how many
times it was said. Administrators wishing to ignore spam cancels can "alias out" the site "cyberspam", and the cancels
will not affect your system. This is normally done at your feed site, but patches are available for
INN to allow you to reject spam cancels on your own system.
Subscriber is solely responsible for any and all local or long-distance telephone charges for connecting directly to Virtual Networking Services or indirectly via any access broker or access intermediary. Charges: Subscriber agrees to pay Virtual Networking Services all charges relating to use of Subscriber's Account(s). 1. Subscriber acknowledges that there is a 30 day minimum subscription period, which means no full or partial refund of the initial month's service fee and activation fee will be given if service is canceled within the initial 30 day subscription period. 2. All cancellations become effective at the end of the current billing period for subscribers. 3. There are no refunds issued for a partial month of service. Other Charges: Charges such as usage, traffic, maintenance, and/or other charges based on monthly usage will be invoiced on occurrence or at the first of each month and shall be due upon receipt. 4. In the event service is suspended for non-payment of any fees due Virtual Networking Services, there will be a reconnect fee equal to one month's service at the highest billing rate or $25, whichever is higher, to reestablish service. 5. If action is required on the part of Virtual Networking Services to respond to complaints arising from copyright and other issues related to content on Subscriber's home page or commercial web site, Subscriber will be liable for any costs incurred by Virtual Networking Services. NOTE: It is the sole responsibility of the subscriber to track his or her own on-line connection time. This may be accomplished by logging on to the Customer Support page with Subscriber Registration Number and its associated password at https://rodopi.vircom.net/olsplus/CustomerSup.html Taxes: Sales taxes, use taxes and all other applicable taxes which are pertinent to the provision of services shall be borne by Subscriber regardless of whom the taxes and levies are or were imposed upon. Credit Limits: Access may be subject to credit limits and/or security deposits as established by Virtual Networking Services. Virtual Networking Services reserves the right to suspend Subscriber's access to our services if Subscriber exceeds his/her credit limit. Activation Date: Your service activation date will be listed as the first day of your monthly billing cycle. Subscribers will be invoiced will be invoiced on the first day of the next billing cycle for all standard base service rates. Invoicing: Service is invoiced monthly in advance for base Plan(s) and the following billing period for bandwidth and/or usage charges. Invoice Delivery: Invoices are delivered by electronic mail (e-mail) or fax. Invoices delivered by any means other than e-mail are sent only on request, and an additional fee (currently $5.00) may be charged for each invoice. Late Payment: Accounts remaining unpaid 10 days after due date of invoice (InterNet invoices are Payable on Receipt and due no later than ten days from date of issuance) will incur a late payment fee of 1-1/2% per month (18% per annum), or $5.00 which ever is greater, experience service interruption, and shall be subject to termination and collection if unpaid after 30 days. Such interruption does not relieve you from the obligation to pay the monthly account charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. FAILURE TO USE THIS ACCOUNT(S) DOES NOT RELIEVE the Subscriber of payment obligations, except as otherwise specified in this Agreement. Declined or NSF: If your payment instrument is returned unpaid for any reason, including but not limited to overlimit, expired, or otherwise not available to make payment, you will be notified of such by telephone and/or email. Checks and/or money orders that are returned by the bank for any reason will incur a $25 returned check fee; declined credit card will incur a $10 fee. It is the sole responsibility of the Subscriber to insure their payment instrument information is maintained current and available for payment of incurred fees. Suspended Service: Virtual Networking Services reserves the right to suspend access to service for Subscriber's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges. A defaulted account accelerates payments to be due immediately as credit will no longer be extended. See previous section regarding reconnect fees. Default: If you default, you agree to pay Virtual Networking Services its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions. Cancellations become effective at the end of the current billing period. Cancellation notice must be received prior to the end of the current billing cycle. There are no refunds issued for a partial month of service. Written requests will be accepted via US Postal mail or facsimile. Verbal requests via telephone are not accepted. Rates: Virtual Networking Services reserves the right to change its rates and/or services by notifying you 30 days in advance of the effective date of change. Subscriber is notified of these changes by email, fax, and Virtual Networking Services Web Pages.
Information available on Virtual Networking Services' network is the property of Virtual Networking Services, its Information Providers, or other Subscribers. Subscriber shall not redistribute, reproduce, or commercially exploit such information without express written permission of its owner. Information Providers shall have the right to assert and enforce such copyright provisions directly on their own behalf. Subscriber submitting information owned by Subscriber for distribution on Virtual Networking Services grants Virtual Networking Services non-exclusive permission to distribute the information product worldwide. Subscribers retain all rights Subscriber may have to such information and should expressly state such rights in conjunction with said information.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO HESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Neither Virtual Networking Services nor its Information Providers are responsible for any damages arising from Subscriber's use of Virtual Networking Services or inability to use Virtual Networking Services. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests. Virtual Networking Services IS NOT RESPONSIBLE FOR SUBSCRIBER'S FILES RESIDING ON Virtual Networking Services SERVERS. SUBSCRIBER IS RESPONSIBLE FOR INDEPENDENT BACKUP OF ALL SUCH DATA AT A SITE DETERMINED BY SUBSCRIBER. Virtual Networking Services cannot and does not exercise any control whatsoever over the information passing through its network or through the InterNet. Subsciber may, AT THE SUBSCRIBER'S DISCRETION, elect to employ anti-spam filtering made available by Virtual Networking Services. VIRTUAL NETWORKING SERVICES IS IN NO WAY RESPONSIBLE FOR ANY LOST MAIL OR E-MAIL PROBLEMS CAUSED BY SUBSCRIBER'S MISCONFIGURATION OF SAID SPAM FILTERS. Due to the potential threat of viral attack, Virtual Networking Services highly recommends the practice of safer computing to protect against computer viruses. Virtual Networking Services is in no way responsible for any data loss or damage arising from viral infection from the InterNet. Subscribers undertake browsing and downloading of InterNet files at their own risk. Consult with your local computer reseller, systems analyst, consultant, and/or management information systems personnel to determine the anti-viral protection program best suited to your needs. Subscriber is hereby warned that some InterNet sites accessible via Virtual Networking Services allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Virtual Networking Services is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each Subscriber closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Virtual Networking Services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret. Virtual Networking Services reserves the right to cooperate with all or any law enforcement agencies You agree to indemnify and hold harmless Virtual Networking Services (AKA Flash2, Flash2.Net, RCIA, RCIA InterNet Access, RCIA.Com, Vircom, VIRCOM.NET, Virtual Communications Corporation, virtualcomm.com) from any claims resulting from your use of the service, which damages you or another party. Virtual Networking Services and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. The services provided by Virtual Networking Services are data transport and storage. These services are contracted with adults of legal age only, and shall be governed by the laws of the State of Washington, are the responsibility of the service Subscriber and not Virtual Networking Services. All Subscribers are expected to abide by the laws of the State or Country within which they reside. Upon notification of violation of law, Virtual Networking Services may at its discretion immediately terminate the account without refund.
Virtual Networking Services reserves the right to change its services without notice including but not
limited to access procedures, hours of operation, menu structures, commands, documentation, and services
offered. Notice of modifications to these Terms and Conditions will be posted to the Virtual Networking
Services Web page. Subscriber's use of Virtual Networking Services after such notice shall constitute Subscriber acceptance of such modifications.
Subscriber understands that Virtual Networking Services may be interrupted for several reasons, including
but not limited to malfunctions, maintenance, improvement or as required to protect network resources in
the event of malfunctions or misuse. Subscriber understands that it may not receive advance notification of
any such interruption of service. Scheduled outages will be publicized on-line. Virtual Networking Services
shall not be liable for any delay in or failure to perform the services caused by circumstances entirely
beyond its control such as those occasioned by acts of God or other causes or which it could not have
reasonably foreseen or any other cause which similarly impedes the providing of service.
There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.
At its sole discretion, Virtual Networking Services may elect to provide a pro rata or additional/extension
of service refund for service interruptions of greater than 24 hours.
Subscriber hereby agrees that any material, text or images, submitted for distribution on Virtual Networking
Services through Subscriber's Account(s) does not violate or infringe upon any copyright, trademark, patent,
statutory, common law or proprietary rights of others, or contain anything obscene, objectionable, or
libelous. Subscriber is responsible for any fees incurred by Virtual
Networking Services to respond to legal complaints.
Virtual Networking Services at its sole discretion and judgment may immediately suspend Subscriber's access
to the service upon any breach of any of the Terms and Conditions by Subscriber, including, but not limited
to, refusal or failure to pay for services provided or disruptive on-line behavior.
Virtual Networking Services reserves the right at its sole discretion to delete any information entered
into Virtual Networking Services computer systems by Subscriber. Virtual Networking Services and its
authorized representatives shall retain the right, but shall not be obligated, to review/accept/ reject
publicly viewable information.
Virtual Networking Services reserves the right to disconnect non-dedicated dial-up connections with
inactivity for more than 20 minutes ("time-out"). Virtual Networking Services reserves the right to
delete Subscriber's files for which a storage fee has not been paid. Virtual Networking Services reserves
the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion.
Virtual Networking Services reserves the right to enforce this Agreement at its sole discretion.
Non-enforcement of any section of this Agreement does not constitute consent. If any one or more
paragraphs in this Agreement are found to be unenforceable or invalid, Subscriber and Virtual
Networking Services' agreement on all paragraphs shall remain valid.
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