Terms & Conditions
Terms & Conditions | Privacy Policy

1. ARNet shall provide You an Internet connection (the "Connection") and other services described on the attached Order Form (the "Order Form") for the price and on the terms as set forth on the Order Form. You shall also be responsible for all inside wiring and Customer Premise Equipment setup and installation unless stated otherwise on the Order Form. The Minimum Point of Entry is defined by the Public Utilities Commission’s demarcation point.

2. Dial-Up Accounts do not have a stated Term, and the Connection is assumed to be in effect until canceled in writing by You as described herein. All other services and Connections are assumed to have a one year Initial Term unless otherwise stated on the Order Form. The Initial Term of the Connection will begin on the first day that data is passed over the Connection to ARNet’s Network. The Connection shall automatically renew for successive monthly periods unless terminated by either party at least 30 days prior to the then current date for termination.

3. This Agreement does not include equipment unless otherwise stated in the Order Form

4. Billing shall commence on the date the Connection is activated. You will be invoiced monthly for all amounts due and owing to ARNet. All payments are due upon receipt of such invoice. All payments required by this Agreement are exclusive of any national, state, municipal or other governmental excise, sales, value-­added and occupational taxes and other levies, all of which You shall be responsible for, and will pay in full, other than taxes based on ARNet’s net income. You will be deemed to be in default hereunder if payment is not received within 30 days after the date of such invoice and in addition to its other remedies, ARNet may charge You an interest rate equal to the lesser of 1-1/2% per month or the maximum amount permitted by the law of Your state.

5. ARNet’s refund policy is that prepaid amounts for the month in which service is terminated are not prorated and refunded. If you have prepaid in advance of the month service is terminated, you will receive a refund of that prepaid amount, minus the cost of service for the month in which you terminated.

6. You agree to pay on demand all costs and expenses, including without limitation collection fees and reasonable fees of attorneys, other experts and court stenographers, and court costs incurred by ARNet in enforcing the Terms and Conditions or in protecting ARNet’s rights and interests in the Terms and Conditions.

7. ARNet reserves the right to change its rates for any Connection or renewal Term by notifying You at least 60 days in advance of the effective date of such rate change.

8. ARNet offers You access to the Internet. You hereby acknowledge that the Internet is not owned, operated, managed by or in any way affiliated with ARNet or any of its affiliates, and that it is a separate network of computers independent of ARNet. Your use of the Internet is solely at Your own risk and is subject to all applicable local, state, national and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond ARNet’s authority and control.

9. ARNet’s network may only be used for lawful purposes. ARNet reserves the right to, from time to time, monitor Your activity. The transmission of any material in violation of any United States or state regulations is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged by ARNet to be inappropriate or improper such as unsolicited bulk e-mail messages. ARNet has zero tolerance for unsolicited bulk e-mail messages and reserves the right to terminate the Connection in the event that ARNet becomes aware that You, or persons making use of Your services are using the ARNet network for the distribution of unsolicited bulk e-mail messages.

10. Access to other networks connected to ARNet’s network must comply with the rules appropriate for that other network. ARNet exercises no control whatsoever over the content of the information passing through its network.

11. Unless otherwise stated in the Order Form, ARNet shall allocate You one IP address. Additional IP addresses will be allocated in accordance with RFC 2050.

12. The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that may be considered obscene or harmful. Customers and subscribers of ARNet's services will not hold ARNet Inc. responsible for sites and postings, which could be considered obscene, lewd, offensive and/or harmful. It is ARNet Inc. policy that individuals are responsible for their own monitoring and viewing habits and those minors in their care. We currently do not filter or screen postings or sites on the Internet as a whole nor do we plan to in the foreseeable future. Customers and subscribers possibly offended by such material are encouraged to explore software options that block or filter sites that may be deemed unsuitable.

13. ARNet MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERRES OR SERVICE INTERRUPTION HOWEVER CAUSED. USE OF ANY INFORMATION OBTAINED BY ARNet’s NETWORK IS AT YOUR OWN RISK. ARNet SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.

14. Routine maintenance and periodic system repairs, upgrades and reconfigurations may result in temporary impairment or interruption in service. As a result, ARNet does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice.

15. In the event of a breach of the provisions of Section 6 hereof, You shall have 5 days from the date ARNet notifies of you such breach to cure the same. In the event of your failure to cure such breach or upon the occurrence of a breach by You of any provision hereunder, ARNet reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services provided to You hereunder. In addition, upon the occurrence of any breach hereunder, 70% of the cumulative total of the balance of all monthly payments remaining on this Agreement shall become due and payable as of that date as liquidated damages and not as a penalty. You acknowledge that the amounts payable pursuant to the preceding sentence are equitable compensation to ARNet, and intended to reasonably compensate ARNet for the losses which are occasioned by Your failure to honor Your obligations hereunder and that the exact amount of damages is difficult or impractical to establish.

16. Each party shall indemnify the other, its affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising from the breaching party's breach of any provision of this Agreement.

17. This Agreement is deemed to be entered into in the State of Texas and shall not become a binding obligation of ARNet until it has been executed by an officer of ARNet. The parties agree that any dispute arising under this Agreement shall have as its venue Potter County, Texas and any such dispute shall be governed by and construed in accordance with the laws of the State of Texas.

18. ARNet may assign this Agreement without Your prior consent and all of ARNet’s rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. This Agreement shall not be assignable by You except with the written consent of ARNet, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

19. These Terms and Conditions may be modified by ARNet at any time, without notification.

20. Any notice required to be given hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified mail, return receipt requested with adequate postage affixed and addressed to the persons set forth in the signature block hereto or to such other address as either party may provide to the other in accordance with the provisions hereof.

ACCEPTABLE USE POLICY

1. ARNet Inc. expressly forbids all forms of mail server abuse. This includes, but is not limited to: Excessive POP sessions - Customers are asked to check for mail at intervals no shorter than every ten minutes. Excessive Mail storage - Customers are asked not to store email on our server. Instead, customers should configure their email client to delete messages once they have been read.

2. Usenet access is provided to all customers of ARNet Inc. Customers are free to subscribe to as many or as few newsgroups as they wish. In conjunction with established Usenet protocols, ARNet Inc. advises customers not to post to newsgroups until the customer has familiarized themselves with the subjects and established guidelines of the newsgroup. Some restrictions of newsgroup postings have been established by Usenet and are respected by ARNet Inc. Customers unconditionally agree to these protocols and policies with their account. These include but are not limited to: Posting articles to groups pertaining to the posting - Inappropriate postings are not appreciated by participants of newsgroups, nor are they allowed under Usenet protocols; Some newsgroups do not allow commercial postings - Users are encouraged to verify this before making any such posting. Irresponsible blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups subject is forbidden; Multilevel (Chain) letters are illegal, and not allowed to be posted; Irresponsible newsgroup postings which result in large numbers of complaints to ARNet News Administrator may result in a customers account being disabled; Only the ARNet News Administrator may create new Usenet groups - Any abuse of this policy will result in a customer’s account being disabled and all other previous agreements rendered null and void.

3. Spamming - It is against ARNet policy for any user of any ARNet service to effect or participate in any of the following activities: To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists; To post to any Usenet or other newsgroup, forum, email 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; To send unsolicited mass e-mailings. ARNet reserves the right to determine what constitutes a mass emailing; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an ARNet account or remailer, or using an ARNet account as a maildrop for responses; To falsify user information provided to ARNet or to other users of the service in connection with use of an ARNet service.

4. ARNet reserves the right, where feasible, to implement technical mechanisms which block multiple spam postings as described in item 3 above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, ARNet's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and ARNet will respond as appropriate to these other activities as well.

5. Users of ARNet Shell Accounts will be subject to additional charges if their site is receiving excessive use. We expressly reserve the right to disable web sites generating excessively significant traffic or which hosts material that ARNet deems offensive. Significantly excessive traffic is defined as any amount of activity that noticeably detriments performance on the server in question.

6. Customers Shall Be Precluded From Doing Any of the Following: Posting or transmitting any transmissions constituting or encouraging conduct which is a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national or international law, including without limitation the U.S. export control laws and regulations; Posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component; Uploading, posting, publishing, transmitting, reproducing, distributing or participating in the transfer or sale, or in any way exploiting any information, software or other material obtained through the Internet which is protected by copyright or other proprietary right or derivative which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.

 

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