|
The Use Agreement
By using Internet connectivity as provided
by HDR Internet Services through www.OnALot.com,
the customer, (you, your family, your
company, your visitors) and HDR Internet
Services and www.OnALot.com, (HDR, OnALot, we,
us) hereby enter into the following agreement.
You agree to hold HDR harmless and free from any and all liabilities
incurred as a result of any or all of the following circumstances:
- loss of revenue as a result of an
interruption or termination of HDR
provided Internet service
- loss of service availability via
your wireless
connection
- termination of service with or without
prior notice
- Infection of your computer system
by what is commonly known as a "computer
virus"
- Any and all costs associated with
removal of said virus and the return
of your computer to its normal operating
condition
- Corruption of any installed software
- Failure of your computer or computer
peripherals
- Any other conditions which render
Internet connections to your computer
useless, either temporarily or permanently
- Since our Wireless Service does not use a telephone line, any phone company charges are not associated with us and are not our responsiblility. Be sure your computer is set up correctly at all times.
HDR Internet Services is an ISP, or Internet Service Provider,
and is in the business of providing access to the Internet via a wireless radio connection. There are circumstances
beyond HDR's control that can interfere with this service, some
of which are outlined here:
- electrical outages
- Internet outages
- equipment failure
- computer failure
- the weather
- incorrect software
- operator error
This is not a complete list. You agree to hold HDR harmless and
free from liability should your Internet service or your ability
to use Internet service be interrupted or terminated, either with
or without prior notice. HDR's sole liability is for the cost of
the service HDR provides for the duration of time that the service
is unavailable, provided that the interruption occurs as a result
of a problem internal to HDR's network, less the value of 3 days.
HDR cannot and will not assume liability for service interruption
due to external problems, such as power line failure, or should your computer cease operation, among
other conditions.
HDR will assist you by answering any questions regarding installing
HDR provided software, and initiating service. At our discretion,
HDR will attempt to assist your in correcting any other problems
you may encounter. This does not constitute a guarantee that any
problems will be resolved by HDR, it is merely an offer of assistance,
and a fee may be charged by HDR for this offer of assistance. HDR
provides a free Technical Support telephone line, 918/652-4586 which
is to be used to handle technical questions at no cost to you. Should HDR be unable to correct
the problem, it will be up to you to seek assistance from a fee-based
computer technician or other outside professional at your own cost. HDR encourages
you to read any and all manuals, documentation and help files as
provided by the manufacturers of your equipment and software. Doing
so will greatly increase your understanding of how computer systems
and software work, and will make your overall experience more enjoyable.
After receipt of payment, HDR will provide the necessary software and wireless equipment
to enable you to gain access to the Internet. Our sole liability
is to ensure that that software works in a normal PC or PC compatible
(X86) computer environment. We do not guarantee compatibility with
Apple or other non-PC compatible computer manufacturers, or operating
systems such as Linux, Unix, C or other non-Microsoft Windows based
systems.
HDR only supports Windows 98, ME, XP, 2000 and Vista. Windows NT may work but is dependant upon the type of computer you have. HDR does not recommend using NT.
Windows 3.11 and Windows 95 are not supported. You should consider buying a new computer to fully appreciate the abilities of the Internet.
Customer Responsibilities
In order for us to provide Internet access, HDR buys high speed data service from several Data Suppliers. The
cost for this service is incredibly high, and is a necessary
expense in order for HDR to provide Internet access. These providers do not
allow a grace period for payment for service, hence the following
conditions apply. You, as a customer of HDR agree to the following:
- HDR's hours of operation are from
9 AM to 8 PM, Monday - Friday, 9 AM - 12 Noon on Saturday, and we are closed on Sunday. During business
hours, we have answering machines for
messages should we be temporarily unavailable.
We will call you back promptly.
- You will pay your bill in a timely
fashion.
- HDR's billing period is from the
first calendar day of the month to
the last calendar day of the month.
Service begins on the first, and ends
on the last day of the month.
- The fee for service is $33.00 - $42.00
per month for Wireless Internet customers,
payable in advance. HDR reserves the
right to change this and all other
fees at any time and without prior
notice.
- HDR invoices on the 10th - 12th of the month,
and your invoice will be mailed to
you at the account name and address
on record. Please advise if there is
a change of address and / or telephone
number. Please keep your account information current with us to avoid late and reconnect fees.
- Payment is due back to HDR no
later than the first business day
of the following month. This
does not mean mailed to us on the
first, but it must arrive in our
office by the first or late fees
apply. Note: The Post
Office can be terribly slow. Mail
sometimes takes as much as 8 days
to reach us. We recommend you mail
your payment by the 22nd of the month
in order for it to reach us in a
timely manner. You may elect to pay
on another date by giving
us prior written notice, but you
cannot avoid a late fee by requesting
a switch when you are already late.
- A late fee of $5.00 applies to payment
received after the first business day
of the month.
- Service will be disconnected if payment
is not received by the 5th day of the
month. There is an additional $10 reconnect fee, plus the late fee, plus the service fee. Please be sure to pay on time!
- On the 10th day of the month, your
account will be fully deleted, including
all emails on our servers. These cannot be retrieved and are permanently lost,
even if you should rejoin.
- There is
no credit for the time when you are
cut off due to non-payment
- If you are a Chronic Late Payer,
meaning you pay late for 3 out of 6
months, HDR may require you to pay
for 3 months of service in advance
- you will no longer be allowed to
pay monthly. If you pay late for 6
out of 12 months, HDR may require you
to pay for 3 months of service using
a credit card as the only accepted
method of payment, with your card automatically
charged every 3 months.
- Check or Money Order payments are
accepted. We accept cash but do not
recommend you send cash through the
mail. You may come to our office to
make a payment, just call us at 918 652-4586
prior to coming. Any change due will
be applied to your next month's bill.
- We also accept Visa, MasterCard and
Discover Card credit cards. If you have a debit card with the Visa or MasterCard holographic symbol on them, they will work. Others will not. We do not
accept e-checks. Your
transaction will be processed through
our secure server for your protection.
- HDR purchases our high speed data
lines in whole month increments,
it is not offered any other way. Therefore,
our service is sold in whole months only.
You will pay the monthly fee even if
you intend to go away on vacation and
not use the service for a week or two.
No partial month's credit or discount
will be given. If you terminate your
account, no partial month's refund
will be issued, however, any outstanding
whole months that were paid for in
advance will be refunded.
- You may suspend your account at no
cost. When you return, you will be
reactivated without a reconnect fee.
However, you must pay for whole months
of service, no partial months will
be billed or credited. You must inform
us of a suspension in advance of your
payment due date or else late and reconnect
fees will apply.
Other Service Information
You agree not to use the service for
illegal activities. Should we detect
or be informed of any illegal activities,
service will be immediately cut off
and the authorities notified.
SPAM, or using the service to generate
unsolicited e-mails, commercial or
private, is strictly prohibited. SPAM
is the electronic equivalent of "junk
mail," and if we detect or are
informed that you are generating SPAM deliberately,
your account will be terminated immediately.
If HDR receives any complaints about
your activities, we will discuss them
with you prior to taking any action.
We expect you to be responsible, and
that expectation extends to all members
of your family, visitors or company
who use our service.
Your computer equipment must be capable
of connecting to the Internet. Much older equipment may not be fast
enough or contain enough memory to
do the job. We recommend you avoid
very cheap, used computers - they are
usually cheap for a reason. We will
be glad to discuss your computer needs
or give advice on a computer you intend
to purchase - call our technical support
line at 918/652-4586.
HDR does not recommend the use of
a computer running at less than 233
MHz speed. HDR does not recommend using
less than 32 Megabytes of RAM, or less
than 1 Gigabyte of Hard Disk space.
HDR does recommend your computer contain
a minimum of 128 Megabytes of RAM,
and as large a Hard Disk Drive and
as fast a processor as you are able
to afford. This will increase your
enjoyment of the Internet by improving
page downloads, minimizing system crashes,
and the ability to store and display
programs and pages.
Please visit our How To page under the Support tab at the top of our Front Page for helpful information on purchasing a new computer.
Right
of Refusal
HDR retains the right to refuse service
to anyone for any reason, without explanation.
If a current customer is refused service,
a refund on pre-paid whole unused months will
be made. Partial months will not be
refunded.
Purchased Wireless Equipment
HDR does not buy back equipment from a customer. HDR is under no obligation to repurchase equipment from the customer. Except for the initial 30 day
trial period, all equipment installed at the customer's location is the
property of the customer, and will not be bought back under any
circumstances should the customer elect to terminate service as provided by
HDR.
Equipment Repossession
Should the customer have an outstanding bill for equipment, or the equipment is not fully paid off, and service is terminated either by the customer or HDR, HDR has the right to repossess the equipment, and the customer forfeits any and all monies previously paid. Should the customer refuse to return the equipment, HDR will contact the Sheriff's Department to arrange for a legal repossession. We will show up at your door with the police to reclaim our equipment. If you no longer have the equipment or are hiding it, we will take you to Court to satisfy the outstanding amount owed.
Certain Websites will be blocked
HDR reserves the right to block websites that cause interference with our system. Music sharing, Video sharing and other P2P websites will be blocked as they become known to us. These sites use our system, and your computer, to send out files to other users on the internet who are not our customers, and this activity uses up all our available bandwidth, causing our customers to be unable to access other websites. We cannot and will not allow unrestricted uploading through our system.
Any illegal websites, such as those displaying child pornography, will be blocked. If you know of any sites that are illegal, please advise us and we will add them to our blocked list.
What
You Get
Wireless
Internet customers will have their
computer configured by us with the
necessary Radio Card Modem, coaxial
cable and external antenna for a
fee, with some restrictions
as noted below.
Your account can have up to 5 e-mail
names. HDR requires
a password for each name. Names and
passwords are all in lowercase letters,
with no punctuation or spaces. Names
that are in poor taste, vulgar, or
imply vulgarity, or are sexually explicit
are forbidden and will not be issued.
Should a name be disguised (such as
a non-English word, for example) and
we become aware that it violates our
policy, it will be removed immediately.
The same holds true for passwords.
These simply do not fit in with community
norms and do not properly reflect on
HDR's image. HDR retains sole discretion
for this policy, with all decisions
final.
HDR issues important messages about
the system, performance, news updates,
billing, etc. This is done via e-mail.
We will send these to your primary
logon account e-mail name. If you do
not use our e-mail system, please let
us know what e-mail you do use and
we will make the change in our records.
HDR has a free Technical Support telephone
line: 918/652-4586.
We ask you to limit your e-mail account
size on our server to 2 megabytes.
Please delete unnecessary messages.
While there is no restriction on the
size of a file that can be e-mailed,
the length of time required to transfer
huge files may be impractical. Should
your e-mail inbox exceed 2 megabytes,
and you do not reduce its size after
being requested to do so, HDR will
delete e-mails to reduce the inbox
size starting with older e-mails first.
You have unlimited use of the wireless system, subject to some restrictions concerning P2P activities.
Your data transfer speed will depend
on the amount of traffic through HDR's
Wireless system at any given time,
up to a maximum of 11 MIPS.
Service Outages
Wireless networks
require antennas mounted up on high
points, which in HDR's case is usually the
top of a water tower or radio transmission tower. High metallic
structures attract lightning. HDR has
installed lightning protectors on our
equipment, however, that does not completely
guarantee that damage will not occur.
In the event of lightning or weather related damage to our equipment, HDR will repair our system as quickly
as possible.
What
You Cannot Do
- Music / Video downloaders: This activity is expressly forbidden if done through a peer-to-peer, or P-2-P, network. Many sites offer pay-per-download music and video, which is OK with us since it is download only. You pay OnALot to download files, and you can do so as much and as often as you like.
However, a P-2-P network turns your computer into a server, which sends your files to other non-OnALot users as well as prematurely wearing out your Computer's Hard Drive. This uploading uses up almost all of our bandwidth, effectively preventing other OnALot users from getting online. And quite often you, the user, are totally unaware of this upload activity since these sites don't advertise it well nor make it easily understood. We actively block P-2-P websites and will contact you if we notice excessive upload activity (which may also be a sign of a virus infected computer). If you are using a P-2-P network, and will not stop your activities, we will cut you off and may terminate your relationship with OnALot.com permanently if you do not agree to comply. There will be no refund on installation or equipment should this occur, so don't ask.
- Bit Torrent programs are forbidden for the same reasons shown above for P2P activities.
- You cannot host any activity. Hosting
includes but is not limited to chat
rooms, web sites, ping sites and
any other commercial or noncommercial
activity where other external Internet
users will be adding or extracting
information from your computer. HDR
is also in the business of hosting
web sites, and you can contract with
us for your needs at www.onalot.net
- You cannot use your computer as
a server with or connect a server
to OnALot.com's service.
- You cannot provide a gateway from
OnALot.com to any other Internet
service or provider. The intent here
is to prevent you from becoming a
reseller of another ISP's services.
- You cannot resell, reuse, transfer
or convey HDR's services, either
for free or for a fee or other compensation.
You are allowed to network the computers
contained inside your home or business
only. HDR offers a 2 account special
should you need a connection at your
home and another at your office.
- You are not allowed to share an
HDR provided Internet connection
by connecting another person or business'
computer to yours when the other
person is not related to you, or
the other business is not owned by
you. You and your neighbor cannot
share an account. Account sharing
of any kind is not allowed, except
by members of the same household
who live under the same roof. All
sharing is to be done on the same
campus, and not in separate locales.
- Should you knowingly pursue an
activity that damages, compromises
or disables HDR's system or systems,
or compromises the privacy of our
other customers, or damages their
computers or other property, or interferes
in any way with anything anyone else
is doing, you will be prosecuted
to the fullest extent of the law.
Hacking is not allowed. Interfering
with the operation of any computer
or electronic system that you do
not own is a crime. Our logfiles
will be given to prosecutors and
our lawyer.
- Intentional creation and / or distribution
of what is commonly known as a "Computer
Virus" is not allowed, and is
a crime.
- Do not ask HDR to provide software,
upgrades or copies of commercially
available products. You are free
to buy those from retail outlets.
- If your Windows operating system
becomes corrupt for any reason, you
should recover it using the original
disks and keys as provided by Microsoft.
If you bought a used computer, and
these disks and keys were not provided,
HDR cannot help you. You should seek
assistance from the person or company
where you obtained the computer.
Speed Reduction, Service Termination and Limitations
HDR's systems are all shared systems, meaning, you and our other customers all share the same radio system, and you each get a portion of the total bandwidth available. If no one else is on, you get it all. If others are on, you will get the maximum throughput that the system will parcel out, which is dependant on the other's activities.
Some customers disregard the needs of our other customers, and disregard HDR's policies on things such as P2P sharing. Once identified, HDR considers them to be abusive users of the system. We define them as follows:
When you have been determined to be an abusive customer, the following actions will be taken against you:
- Your throughput will be severely cut. Your maximum upload speed will be reduced to 16,000 bps, and your maximum download speed will be reduced to 512,000 bps, or less.
- Should you still excessively use the system, we will temporarily cut you off.
- If we return your service, and the abuse continues, your service will be permanently cut off. There is no refund on equipment for any reason if you are cut off due to abusive use of the system.
Your
Privacy
HDR does not and will not sell, give
away, reveal or convey any information
about you, your account, your e-mail
activity or any other activity of yours
that we may be aware of without your
written consent. The sole exception
to this is that HDR will cooperate
with any Law Enforcement agencies regarding
your account.
Your account information, bank preferences,
credit card numbers and any other financial
information is kept confidential.
HDR cannot "see" what you
are doing when you are on the Internet,
and we have no desire to eavesdrop
on your activities. HDR has the ability
to view your e-mail accounts on our
servers, but does not do so unless
you request it. HDR, only at your request,
will open your e-mail account and perform
requested tasks, such as remove viruses,
reduce account size or change account
names. As part of our normal monthly
system maintenance, HDR will reduce
the size of your e-mail inbox to a
maximum of 2 megabytes, but only after
we request you do so and if you do
not comply within a reasonable amount
of time. Size reduction requires we
open your e-mail files and view messages
for deletion.
HDR does not filter or reject e-mail
The
Agreement
By connecting to the Internet using
the system known as OnALot.com provided
by HDR, you fully agree to all of the
above terms and conditions.
HDR reserves the right to modify this
agreement at any time and without prior
notice of any kind. HDR also welcomes
your input on all of the above. If
there are special circumstances that
need to be accommodated, HDR, with
no guarantees and at it's sole discretion,
may make changes as concerns your needs.
A fee may be involved to do so.
|
