Baysat's Acceptable Use Policy

Section 1 - Introduction: This Acceptable Use Policy ("Policy") is designed to protect Baysat Internet, it's subscribers and the Internet community from irresponsible and/or illegal activities. You should read and interpret this Policy in conjunction with the Baysat Internet Subscriber Agreement.

Baysat Internet supports the free flow of information and ideas over the Internet. Baysat Internet does not actively monitor or exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Baysat Internet's services. However, Baysat Internet reserves the right to remove any materials it becomes aware of that are potentially illegal, could subject Baysat Internet to liability, or violate this Policy. Violation of this Policy may result in the suspension or cancellation of your services.

Section 2 - Policies: The following are violations of Baysat Internet's acceptable use policies:

Using a personal account for high volume or commercial use. If you would like to receive high-volume or commercial services, please contact Baysat Internet's Customer Care Center at 1-866-638-2211 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:
Any mailbox exceeding 10MB may, at Baysat Internet's discretion, be transferred to a compressed temporary file or storage. Members will be notified of the change and given with further information. Baysat Internet reserves the right to delete the temporary file from the server.
Exceeding 5MB of disk space for free Web sites. Any free Web site exceeding 5MB will be suspended until the customer brings the disk space usage under 5MB.
Exceeding 250MB of traffic in a one month period for free Web sites. Any free Web site exceeding 250MB of traffic will be billed for the excess traffic. Pricing information may be obtained by calling 1-866-638-2211.
Using Baysat Internet services for illegal purposes or in support of illegal activities. Baysat Internet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities prohibited as illegal include, but are not limited to:
Unauthorized copying of copyrighted material.
Exporting software or technical information in violation of U.S. export control laws.
Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services.
Attempting to access the accounts of others, or attempting to penetrate security measures of Baysat Internet's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. 'News bombing' constitutes sending more than 10Mb of data to a newsgroup.
Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same username and password combination.
Distributing viruses to or from Baysat Internet systems.
Use of software or any device that would allow your account to stay logged on while you are not actively using Baysat Internet or use of the account for the purpose of operating a server of any type.
Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
Engaging in any of the above activities using the service of another provider but channeling such activities through a Baysat Internet account or re-mailer, or using a Baysat Internet account as a mail drop for responses.

Section 3 - No Liability: Baysat Internet has no practical ability to restrict all conduct, communications or content which might violate this Policy, nor can Baysat Internet ensure prompt removal of any such communications or content after transmission or posting. Baysat Internet does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.

Section 4 - Revisions to this Policy: Baysat Internet reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to subscribers by posting such changes to the Baysat Internet homepage (http://www.baysat.net), by electronic mail, or by conventional mail.


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Baysat's Subscriber Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY Baysat INTERNET. BY CLICKING THE "YES" BUTTON AT THE END OF THIS DOCUMENT, DOWNLOADING, OR USING THE COMPANY'S INTERNET SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE COMPANY'S SOFTWARE LICENSE AGREEMENT, ACCEPTABLE USE POLICY, AND SUCH OTHER USER POLICIES AS THE COMPANY MAY ESTABLISH FROM TIME TO TIME.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE, SHOULD CLICK THE "NO" BUTTON, AND, IF YOU CURRENTLY HAVE AN Baysat INTERNET ACCOUNT, YOU MUST CONTACT OUR OFFICES AS SPECIFIED IN SECTIONS 10 AND 11 WITHIN 30 DAYS OF RECEIPT OF THIS DOCUMENT.

Baysat Internet provides the Service, defined below in Section 1, subject to your compliance with this Agreement. Other services provided by Baysat Internet will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.

Section 1 - Service: The Service includes: Internet access; Electronic mail ("e-mail") and up to three electronic mail addresses; and, up to 5 megabytes on Baysat Internet's server.

Any means of identification assigned to you by Baysat Internet (including usernames and e-mail addresses) will remain the property of Baysat Internet and at its sole discretion may be altered or replaced at any time.

Baysat Internet makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Baysat Internet reserves the right to change the Service or any of its features at any time without notice.

Section 2 - Subscriber Registration Requirements: You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

You agree to provide Baysat Internet with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Baysat Internet within 30 days of the change.

By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 14.

Section 3 - Fees: Baysat Internet does not issue pro rata refunds for fees paid in advance.

LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR Baysat INTERNET DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. Baysat INTERNET IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.

Current prices for Baysat Internet services may be obtained by calling 1-866-638-2211. Baysat Internet reserves the right to change prices and institute new fees.

A service charge of $25.00 will be assessed to your account for each check that is returned for insufficient funds.

Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at Baysat Internet's sole discretion If your account is suspended, regular charges continue to accrue until you cancel your account. Baysat Internet may charge a fee of $10.00 to reinstate a suspended account.

You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

If you believe that Baysat Internet has billed you in error, you must contact the Billing Department within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

Section 4 - Use of Service: You and any members of your household are the only individuals who are authorized to access the Service through your Baysat Internet account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.

You are responsible for maintaining the confidentiality of passwords used by you or members of your household .

You are responsible for all charges assessed as a result of use of your account. However, Baysat Internet will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify Baysat Internet within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

Except for software provided by Baysat Internet, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.

You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Baysat Internet to liability; or is in contravention of this Policy. You agree to comply with all security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

Section 5 - Monitoring the Service and Disclosure of Member Information: Baysat Internet has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Baysat Internet will not disclose member information to outside persons or entities for the purpose of soliciting Baysat Internet members.

Baysat INTERNET, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

Section 6 - No Warranties Provided by Baysat Internet: Except for certain products and services specifically identified as being offered by Baysat Internet, Baysat Internet does not control any information, products or services on the Internet and except for such Baysat Internet-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Baysat Internet.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Baysat INTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Baysat INTERNET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Baysat INTERNET OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Baysat INTERNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

Baysat INTERNET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET.

THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. Baysat INTERNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

Section 7 - Subscriber Remedies: If you are dissatisfied with the Service your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 14.

UNDER NO CIRCUMSTANCES SHALL Baysat INTERNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

Section 8 - Indemnify: You agree to defend, indemnify, and hold Baysat Internet and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

Section 9 - Term of Agreement: This Agreement is effective from your acceptance thereof or upon the first use of the Service through your account, whichever is first. If you are a current Baysat Internet member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

Section 10 - Termination of Agreement: Your termination will only be complete upon your receipt of a confirmation number from Baysat Internet. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or webform. E-MAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. Baysat Internet does not issue pro rata fee refunds.

Baysat Internet may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 40 days of the date they accrue.

Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to Baysat Internet all copies of software and documentation that you received from Baysat Internet.

Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

Section 11 - Notice: You may change or cancel your Baysat Internet account by the following methods only: first-class registered or certified mail, return receipt requested addressed to Baysat Internet, Billing, 2 Bay Street, Chippewa Falls, Wisconsin 54729 or telephone calls directed to Customer Care Center at 1-866-638-2211.

Baysat Internet may provide notice to you by the following methods: Electronic mail (e-mail) addressed to your e-mail account; general posting to Baysat Internet's web site at http://www.baysat.net; or by US Mail or courier service at the address you provided Baysat Internet when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Section 12 - Miscellaneous: Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Baysat Internet's prior written consent.

This Agreement and the Acceptable Use Policy constitute the entire agreement between you and Baysat Internet with respect to the Service.

Baysat Internet reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on Baysat Internet unless made in writing and signed by both parties.

If you require further assistance, please call our Support Group at 1-866-638-2211 or send an e-mail to support@baysat.net