East Palestine Internet, Inc.

PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING ANY ACCOUNT WITH
THE EAST PALESTINE INTERNET COMPANY. PLEASE ALSO FAMILIARIZE YOURSELF WITH
THE EAST PALESTINE INTERNET COMPANY ACCEPTABLE USE GUIDELINES.
These Terms and Conditions, in conjunction with the Acceptable Use Guidelines,
represents the complete Agreement and understanding between The East Palestine
Internet Company ("EPOHI") and you, the EPOHI accountholder, and
supersede any other written or oral agreement pertaining to your EPOHI services,
other than applicable software license agreements. By using EPOHI services
or EPOHI software, or both, you agree to be bound by and to comply with this
Agreement, just as if you had signed it. Violation of any provision of this
Agreement is grounds for immediate termination of your EPOHI account.
IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD
IMMEDIATELY END YOUR USE OF EPOHI AND EPOHI SOFTWARE AND NOTIFY THE EPOHI
CUSTOMER SERVICE DEPARTMENT SO THAT EPOHI MAY INITIATE A CLOSURE OF YOUR ACCOUNT.
A list of ways to contact EPOHI and the EPOHI Customer Service Department
is available on the World Wide Web at http://www.epiinternet.com.
Specific questions about this Agreement should be directed to: webmaster@epohi.com.
Upon notice published on-line via EPOHI services, EPOHI may modify the Terms
and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify
the prices of its services, as well as discontinue or change the services
offered. Your continued use of EPOHI services following such notification
will be deemed acceptance of the modification.
1.0 Provision of Services
1.01 This Agreement defines the terms and conditions of service
for all types of dial-up accounts offered by EPOHI, both personal and business,
and the services available through those accounts. EPOHI "services"
are defined as the use of computing, telecommunications, software, and information
services provided by EPOHI. These services also include the provision of access
to computing, telecommunications, software, and information services provided
by others via the global Internet. Types of dial-up accounts available through
EPOHI include but may not be limited to UNIX shell accounts, ISDN accounts,
and compressed SLIP or PPP accounts.
1.02 EPOHI will provide services on its computing systems
to you in exchange for recurring payment of subscription fees and full compliance
with this Agreement.
1.03 EPOHI services include access to many areas of the
Internet, including Web sites, Usenet discussion groups, Personal Pages, and
IRC channels. Some of these areas contain discussion, materials, and pictures
intended for adult audiences. EPOHI accountholders must be at least eighteen
(18) years of age. If you are a minor's parent or legal guardian, you may
authorize the minor's use of your account, but you must assume all liabilities
resulting from the minor's use of EPOHI services.
From time to time EPOHI may offer rating systems and filtering software or
procedures to help you to screen out language or images that you do not wish
to receive through your EPOHI services. Because a rating system may depend
on the content provider's evaluation and self-rating, there is no guarantee
that all adult or other information that you wish to screen-out, will in fact,
be screened.
1.04 EPOHI reserves the right to discontinue any and all
services to you at any time, without prior notice or liability, for any conduct
which EPOHI, in its sole discretion, believes violates these Terms and Conditions
or EPOHI’s Acceptable Use Guidelines, or is otherwise harmful to EPOHI’s
interests or the interests of other accountholders.
1.05 You may only use EPOHI services for lawful purposes,
in compliance with all applicable laws including copyright and trademark law.
Unlawful activities include storing, distributing or transmitting any unlawful
material through EPOHI services, attempting to compromise the security of
any Internet account or site, or making direct threats of physical harm.
1.06 To comply with applicable laws and lawful government
requests, to operate its systems properly, or to protect itself or its accountholders
EPOHI reserves the right to access and disclose any information. This may
include disclosing the username of accounts and other information. EPOHI will
fully cooperate with law enforcement authorities in investigating suspected
lawbreakers, and reserve the right to report to law enforcement any suspected
illegal activity it becomes aware of.
1.07 When EPOHI becomes aware of possible violations of this
Agreement, EPOHI may, in its sole discretion, choose to initiate an investigation.
This investigation may include gathering information from accountholders and
examining material on EPOHI servers. During investigations, EPOHI may suspend
accounts involved in a violation and/or remove the material involved from
its servers. If EPOHI believes, in its sole discretion, that a violation of
this Agreement has occurred, it may temporarily or permanently remove material
from EPOHI servers, cancel newsgroup posts, warn the accountholder(s) involved,
suspend or terminate the account(s) responsible, and take other responsive
action. EPOHI, in its sole discretion, will determine what action will be
taken in response to a violation on a case-by-case basis. Violations of this
Agreement could also subject you to criminal or civil liability.
1.08 You are responsible for obtaining and maintaining any
communications equipment necessary to connect to EPOHI services, including
modems, computer hardware and software, and long distance or local telephone
service. You are responsible for ensuring that such equipment or service is
compatible with EPOHI requirements.
In addition, you are responsible for maintaining the security of your account,
password, files, and any information you disseminate through EPOHI services
or other Internet services, and for all use of your account with or without
your knowledge or consent.
1.09 Any use of EPOHI software or third-party software distributed
by EPOHI is governed by the End-user License Agreement that accompanies such
software. Use of such software indicates your acceptance of the terms therein.
2.0 Payment of Fees
2.01 A list of current monthly and set-up fees for EPOHI
services can be found on the Web at http://www.epiinternet.com EPOHI will
publish an online notice of fee increases at least 30 days before such increases
take effect. NO refunds for First month of service. NO refunds for accounts
that prepay on the Semi-Annual or Annual payment program, you agree prior
to committing to the term that EPOHI issues no refund.
2.02 EPOHI will begin providing service to you after it receives
all other information needed to process payments for your EPOHI account through
invoicing. Invoiced accounts are billed prior to the month of service and
are required to be paid no later than 10 days after issued due date indicated
on billing invoice.
2.03 You agree to provide EPOHI with accurate and complete
billing information, including your legal name, address, and telephone number,
and to update this information within 30 days of any change to it. Payment
for a EPOHI account or service by fraudulent means will result in immediate
and permanent termination of the account, and possible criminal penalties.
2.04 EPOHI accounts that are delinquent by more than one
accounting cycle may be suspended, archived, or purged from the system. Suspended
accounts continue to accrue charges until reinstated or canceled, even if
the account is not used by the accountholder. You acknowledge responsibility
for any account you have opened until payment in full is made.
2.05 EPOHI will not refund any account, five (5) days after
setup. Customers of EPOHI will only be refunded the due amount if account
is closed within the first five (5) days of connection.
2.06
EPOHI will not refund any account after the fifth day of the due month. If
an account is cancelled and payment was made, the customer’s payment
will be refunded.
2.07 EPOHI reserves the right to charge a service reconnection
fee to reinstate suspended accounts.
2.08 There is a $25.00 service charge for each returned check.
2.09 If you believe EPOHI has billed you incorrectly, you
must contact EPOHI no later than 60 days after the closing date on the first
billing statement in which the error or problem appeared, in order to receive
an adjustment or credit. Inquiries should be directed to EPOHI Customer Service
department, and should include all available information about the suspected
error.
3.0 Cancellation
of Accounts
3.01 To cancel your account, you must contact EPOHI Customer
Service department via postal mail or phone. EPOHI does not accept cancellation
via email request since these can be forged easily. Cancellation requests
must include the account's login name, and your name, address and phone number
and other identifying information as they appear in EPOHI billing records.
If the information provided to EPOHI for an account does not match the account's
records, cancellation may be delayed or prevented.
3.02 All cancellation requests for month to month dial-up
access accounts must be received by 5:00 PM Eastern time on the 25th of the
current month in order to be processed before the beginning of the next accounting
cycle. Cancellation requests directed to other EPOHI departments may not be
received by the Customer Service Department by the 25th.
3.03 All cancellation or transfer requests for hosting services
require sixty (60) day notification. This notification must be written and
mailed to EPOHI on letterhead representing the party(s) involved. If cancellation
or transfer is immediate the hosted party is responsible for two additional
monthly billing periods. EPOHI may also charge fees associated with transferring
the domain on a per hour basis.
3.04 All cancellation requests for dedicated services require
sixty (60) day notification per to the end of contract agreement. This notification
must be written and mailed or faxed to EPOHI on letterhead representing the
party(s) involved. If cancellation is immediate the party receiving the contracted
services is responsible for time remaining in the agreement plus two additional
monthly billing periods. EPOHI may also charge fees associated with early
termination from third party vendors in which services are associated with.
3.05 All EPOHI accounts must be paid in full before a cancellation
will be considered complete. Service charges will extend to the end of the
month in which the account is canceled.
3.06 If an EPOHI account is canceled, suspended or terminated,
EPOHI may maintain the account for 30 days. You may contact EPOHI within that
time to inquire about reopening a suspended account, or forwarding mail or
files to another address. EPOHI reserves the right to refuse to forward the
mail and/or files of any account terminated for violation of any provision
of the Terms and Conditions or EPOHI Acceptable Use Guidelines. If you do
not contact EPOHI within 30 days, your account and associated files will be
deleted from EPOHI servers, and EPOHI will not be able to reopen it or restore
files. EPOHI is not responsible for maintaining material that it deletes from
its servers as a result of a determination that the material violates any
provision of Terms and Conditions, or EPOHI Acceptable Use Guidelines.
4.0 "As Is" Services; Limitation of Liability; Indemnification.
4.01 "As Is" Services. You acknowledge that EPOHI
services are provided "as is". EPOHI, its employees, agents, suppliers,
vendors and distributors make no warranty of any kind, either expressed or
implied, regarding the quality, accuracy, or validity of the data and/or information
available on its systems, or residing on or passing through its interconnecting
networks, or that EPOHI services will be uninterrupted or error free. EPOHI
expressly excludes any implied warranty of merchantability or fitness for
a particular purpose to the fullest extent possible by law.
4.02 Limitation of Liability. Neither party shall be liable
to the other for any loss, damage, liability, claim or expense arising out
of or in relation to this Agreement or your use of or inability to use EPOHI
services, other than for payment of fees due under Section 3 and for indemnification
under section 4.03, however caused, whether grounded in contract, tort (including
negligence) or theory of strict liability. Use of information obtained from
or through EPOHI is at your own risk. Under no circumstances will EPOHI be
liable to you or any other person for any loss or damage caused by reliance
on data or information available from or on EPOHI services and systems.
You agree to waive and hold EPOHI harmless from any claims relating to any
action taken by EPOHI as part of its investigation of a suspected violation
of this Agreement or as a result of its conclusion that a violation of this
Agreement has occurred. This means that you cannot sue or recover any damages
whatsoever from EPOHI as a result of EPOHI decision to remove material from
its servers, cancel a newsgroup posting, warn you, suspend or terminate your
account, or take any other action during the investigation of a suspected
violation or as a result of EPOHI conclusion that a violation has occurred.
This waiver applies to all violations described in the Terms and Conditions
and in the Acceptable Use Guidelines.
IN NO EVENT SHALL EPOHI BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S
USE OF OR INABILITY TO USE EPOHI SERVICES. EPOHI’S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY SHALL BE AT EPOHI OPTION, EITHER RETURN OF THE SERVICE
FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT
OF CONNECTION SERVICES OR PRODUCTS.
In any case, EPOHI entire liability under or arising out of this Agreement
shall be limited to the amount you paid for the service in the twelve (12)
months prior to the act or injury that gave rise to the liability. However,
some jurisdictions may not allow a limitation on liability for negligence
that causes death or personal injury, and EPOHI limits its liability in such
jurisdictions only to the degree allowed by the applicable laws.
4.03 Indemnification. You agree to defend, indemnify and
hold EPOHI harmless from any claims, losses and damages, including attorney's
fees, resulting from your violation of any of the provisions of this Agreement
or your placement or transmission of any materials or content onto EPOHI servers,
or from any and all use of your account, with or without your knowledge or
consent.
5.0 Miscellaneous
5.01 This Agreement will be governed by and construed in
accordance with the laws of the State of Ohio, excluding its conflict of laws
principles, and the parties' consent to exclusive personal jurisdiction of
and venue in a court of competent jurisdiction located in and serving Trumbull
County, Ohio.
5.02 Section 4 and your obligation to pay amounts due under
this Agreement will survive termination of this Agreement.
5.03 If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary
to effect the original intentions of the parties, and the remainder of this
Agreement shall remain in full force and effect.
COPYRIGHT NOTICE.
Copyright © 1999-2003 The East Palestine Internet Company, and/or its
suppliers, 82 Garfield Ave Room 20, East Palestine, Ohio 44413 U.S.A. All
rights reserved.
TRADEMARKS. The East Palestine Internet Company, and/or other EPOHI products
referenced herein are either trademarks or registered trademarks of The East
Palestine Internet Company Other product and company names mentioned herein
may be the trademarks of their respective owners.
The names of companies, products, people, characters and/or data mentioned
herein are fictitious and are in no way intended to represent any real individual,
company, product or event, unless otherwise noted.
Any rights not expressly granted herein are reserved.
Contact EPOHI with questions or problems with this service.
© 2003
East Palestine Internet Company. All rights reserved.
Acceptable Use Guidelines For Dial-up Access
Please read these Guidelines,
and the Terms and Conditions for Dial-Up Services carefully before opening
or continuing a dialup account with EPOHI. By using EPOHI services, you agree
to comply with these Acceptable Use Guidelines, and EPOHI may terminate your
EPOHI account if you fail to comply with these guidelines.
IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES,
YOU SHOULD IMMEDIATELY END YOUR USE OF EPOHI SERVICES AND EPOHI SOFTWARE AND
NOTIFY THE EPOHI CUSTOMER SERVICE DEPARTMENT SO THAT EPOHI MAY INITIATE A
CLOSURE OF YOUR ACCOUNT.
A list of ways to contact
EPOHI is available on the World Wide Web at http://www.epiinternet.com. Specific
questions about these Guidelines should be directed to: support@epohi.com
1.0 Use of Services
1.01 The accountholder agrees to use EPOHI’s services
only for lawful purposes, in compliance with all applicable laws.
1.02 EPOHI dial-up accounts are provided for use in conformance
with these Guidelines and the Terms and Conditions. EPOHI reserves the right
to investigate suspected violations of these Guidelines. When EPOHI becomes
aware of possible violations, EPOHI may initiate an investigation which may
include gathering information from the accountholder or accountholders involved
and the complaining party, if any, and examination of material on EPOHI’s
servers.
During an investigation, EPOHI may suspend the account or accounts involved
and/or remove the material involved from its servers. If EPOHI believes, in
its sole discretion, that a violation of these Guidelines has occurred, it
may take responsive action. Such action may include, but is not limited to,
temporary or permanent removal of material from EPOHI’s servers, the
cancellation of newsgroup posts, warnings to the accountholder or accountholders
responsible, and the suspension or termination of the account or accounts
responsible. EPOHI, in its sole discretion, will determine what action will
be taken in response to a violation on a case-by-case basis. Violations of
these Guidelines could also subject the accountholder to criminal or civil
liability.
1.03 TIME LIMITS - A EPOHI dial-up account provides access
to browse the Internet, and should only be connected when a user is actively
using the Internet. A EPOHI dial-up account shall not be used to run a server
providing an information service over a user's modem connection such as an
FTP or WWW server. A connection held for extended periods of time by automated
methods or server software are in violation of this Policy, and will have
their connection terminated or account suspended.
Although a EPOHI dial-up account allows unlimited monthly access, to ensure
the system is not abused and all customers have equal access, a connection
will automatically be disconnected after six (6) consecutive hours of connectivity.
EPOHI does not meter Internet Access but some of our National POP's do. National
POP's may limit the number of hours per month for an account from 150 hours
to 300 depending on the provider.
1.04 The accountholder of record is responsible for all use
of the account, with or without the knowledge or consent of the accountholder.
2.0 Use of Material
2.01 Materials in the public domain (e.g., images, text,
and programs) may be downloaded or uploaded using EPOHI services. Accountholders
may also re-distribute materials in the public domain. The accountholder assumes
all risks regarding the determination of whether the material is in the public
domain.
2.02 The accountholder is prohibited from storing, distributing
or transmitting any unlawful material through EPOHI services. Examples of
unlawful material include but are not limited to direct threats of physical
harm, child pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. The accountholder may not post,
upload or otherwise distribute copyrighted material on EPOHI servers without
the consent of the copyright holder. The storage, distribution, or transmission
of unlawful materials could subject the accountholder to criminal as well
as civil liability, in addition to the actions outlined in 1.02 above.
2.03 The account holder may not store or distribute certain
other types of material on EPOHI’s servers. Examples of prohibited material
include, but are not limited to, executable files, programs containing viruses
or Trojans and tools to compromise the security of other sites.
3.0 Passwords
3.01 EPOHI personal dial-up accounts are for individual use
only. Accountholders may not share passwords or accounts with other individuals.
Accountholders of business accounts who pay EPOHI’s business account
rates may share passwords and accounts with employees of that business.
3.02 Each EPOHI dial-up account user is responsible for the
security of his or her password. Secure passwords are between 3 and 8 characters
long, contain letters of mixed case and non-letter characters, and cannot
use punctuation of any kind. The accountholder is responsible for changing
his or her password regularly. To change the password the accountholder must
contact EPOHI Tech Support at: 330-306-6112.
3.03 EPOHI staff may monitor the security of accountholder's
passwords at any time. An accountholder with an insecure password may be directed
to change the password to one, which complies with the above rules. Accountholders
who repeatedly choose insecure passwords may be assigned a password by EPOHI;
continued failure to maintain password security may be grounds for account
termination.
4.0 System Security
4.01 The accountholder is prohibited from utilizing EPOHI
services to compromise the security or tamper with system resources or accounts
on computers at EPOHI or at any other site. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include but
are not limited to password guessing programs, cracking tools or network probing
tools.
4.02 EPOHI reserves the right to release the usernames of
accountholders involved in violations of system security to system administrators
at other sites, in order to assist them in resolving security incidents. EPOHI
will also fully cooperate with law enforcement authorities in investigating
suspected lawbreakers.
5.0 System Resources
5.01 EPOHI will allocate system resources to provide all
accountholders with the best service possible. As part of resource allocation,
EPOHI may limit, restrict or prioritize access to system resources, including
CPU time, memory, disk space, session length, and number of sessions.
Additionally, EPOHI may institute services and fees for account holders who
are interested in accessing system resources above and beyond acceptable usage.
5.02 EPOHI may log instances of abuse of system resources,
including but not limited to those outlined below, and take action as outlined
in section 1.02 above.
5.03 System abuse is defined as any use of EPOHI resources,
which disrupts the normal use of the system or Internet services for others.
Examples of system abuse include, but are not limited to, attempting to disrupt
the sessions of other Internet users, consuming excessive amounts of CPU time,
memory or disk space, or otherwise affecting the performance of EPOHI servers.
5.04 Accountholders may not run programs, which provide network
services from their accounts. Examples of prohibited programs include, but
are not limited to, mail, http and irc servers and multi-user interactive
forums.
5.05 Accountholders may only make use of EPOHI system resources
while logged in. The sole exceptions to this policy are email filters, which
process and sort mail as it arrives.
6.0 Usenet News Use
6.01 EPOHI services include access to many Usenet discussion
groups (newsgroups). The accountholder acknowledges that some newsgroups contain
language, pictures, or discussion of subjects intended for adult audiences.
EPOHI does not monitor access to Usenet newsgroups or the content of posts
by EPOHI accountholders or accountholders at other sites. Accordingly, EPOHI
is not responsible for the content of any posting made to Usenet.
6.02 EPOHI reserves the right to discontinue access to any
Usenet newsgroup at any time for any reason.
6.03 EPOHI will investigate complaints regarding posts of
inappropriate material to Usenet by accountholders and may, in its sole discretion,
take action based on the rules below. Criteria for determining whether a post
is inappropriate include, but are not limited to, the written charter/FAQ
of the newsgroup(s) in question, the established Usenet conventions outlined
below, the system resources consumed by the posting, and applicable laws.
6.04 If a post is found to violate one of the policies below,
or to contain unlawful material, as described in 2.02 and 2.03 above, EPOHI
may require that the post be moved to a more appropriate forum (if any), or
take action as outlined in 1.02 above.
6.05 Usenet news articles posted using EPOHI services must
comply with the written charter/FAQ of the newsgroup to which they are posted.
If a newsgroup does not have a charter or FAQ, its title may be considered
sufficient to determine the general topic of the newsgroup. EPOHI accountholders
are responsible for determining the rules of a newsgroup before posting to
it.
6.06 Established Usenet conventions ("Netiquette")
prohibit advertising in most Usenet newsgroups. EPOHI accountholders may post
advertisements only in those newsgroups, which specifically permit them in
the charter or FAQ. Some newsgroups may permit "classified ads"
for single transactions between private individuals, but not commercial advertisements.
EPOHI accountholders are responsible for determining whether or not a newsgroup
permits advertisements before posting.
6.07 Netiquette prohibits certain types of posts in most
Usenet newsgroups. Types of prohibited posts include chain letters, pyramid
schemes, encoded binary files, job offers or listings, and personal ads. EPOHI
accountholders may post these types of message only in newsgroups, which specifically
permit them in the charter or FAQ (if any). EPOHI accountholders are responsible
for determining whether or not a newsgroup permits a type of message before
posting.
6.08 EPOHI accountholders may not alter the headers of posts
to Usenet to conceal their email address or to prevent accountholders from
responding to posts.
6.09 Only the poster of a Usenet article or EPOHI has the
right to cancel the article. EPOHI accountholders may not use EPOHI resources
to cancel articles, which they did not post. The sole exception to this rule
is for moderators of formally moderated newsgroups; the moderator of a newsgroup
may cancel any articles in a newsgroup he or she is moderating.
6.10 EPOHI accountholders may not attempt to "flood"
or disrupt Usenet newsgroups. Disruption is defined as posting a large number
of messages to a newsgroup, which contain no substantive content, to the extent
that normal discussion in the group is significantly hindered. Examples of
disruptive activities include, but are not limited to, posting multiple messages
with no text in the body, or posting many follow-ups to messages with no new
text.
7.0 Email Use
7.01 EPOHI will investigate complaints regarding email and
may, in its sole discretion, take action based on the rules below. If an email
message is found to violate one of the policies below, or to contain unlawful
material, as described in 2.02 and 2.03 above, EPOHI may take action as outlined
in 1.02 above.
7.02 EPOHI accountholders may not send email to any user
who does not wish to receive it, either at EPOHI or elsewhere. EPOHI recognizes
that email is an informal medium; however, accountholders must refrain from
sending further email to a user after receiving a request to stop.
7.03 Unsolicited advertising mailings, mass list posting,
spamming, or other attempted unsolicited notices, whether commercial or informational
are strictly prohibited. EPOHI accountholders may send advertising material
only to addresses, which have specifically requested it. Strict adherence
to this rule will be upheld and each instance of violation can be Fined $100.00.
EPOHI will not forward mail of accounts terminated for bulk mailing or unsolicited
advertising.
7.04 Chain letters are unsolicited by definition and may
not be propagated using EPOHI services.
7.05 EPOHI accountholders may not send, propagate, or reply
to mailbombs. Mailbombing is defined as either emailing copies of a single
message to many accountholders, or sending large or multiple files or messages
to a single user with malicious intent.
7.06 EPOHI accountholders may not alter the headers of email
messages to conceal their email address or to prevent accountholders from
responding to messages.
7.07 Violations of the EPOHI policies outlined in this document
can sometimes result in massive numbers of email responses. If a EPOHI accountholder
receives so much email that EPOHI resources are affected, EPOHI staff may
shut down the accountholder's mailbox.
8.0 World Wide Web use
8.01 The accountholder acknowledges that some World Wide
Web (WWW) pages contain language, pictures, or discussion of subjects intended
for adult audiences. EPOHI does not monitor access to the World Wide Web or
the content of EPOHI accountholders' Personal Web pages. Accordingly, EPOHI
is not responsible for the content of any accountholder Web pages on EPOHI’s
servers or elsewhere.
8.02 The accountholder is solely responsible for the content
of Web pages owned by the account.
8.03 EPOHI reserves the right to remove any Web page on EPOHI’s
servers, at any time and for any reason.
8.04 EPOHI will investigate complaints regarding inappropriate
material on Web pages within the EPOHI domain and may, in its sole discretion,
require that the material be removed or take action as outlined in 1.02 above.
Criteria for determining whether a page is inappropriate include, but are
not limited to, the system resources consumed by the page and applicable laws.
8.05 EPOHI accountholders may not use World Wide Web pages
within or outside the EPOHI domain to violate any part of these Guidelines,
or to attempt to disrupt the pages or Internet experiences of other users.
8.06 Account holders are responsible for applying a proper
rating to their web page. This independent third-party rating system will
be identified by EPOHI and is subject to change without notice. All pages
without a rating are named "Unrated." The combination of the third-party
rating system and the viewing user's Internet filtering software determines
whether or not "Unrated" pages will be seen. Usually "Unrated"
pages are blocked. EPOHI, at it's sole discretion, may remove any page reported
to EPOHI as inappropriately rated based on the rating system.
8.07 If you establish a EPOHI Personal Page, then you must
complete the independent third party rating system for your Personal Page.
If you use Internet filtering software you may choose to screen-out Personal
Pages with certain types of language or images or unrated Personal Pages.
The rating system depends upon each accountholder's self-evaluation of the
accountholder's Personal Page. If an accountholder fails to accurately evaluate
his or her Personal Page, the Internet filtering software may not screen all
material that you wish to screen. Because other users depend on your honest
and complete evaluation of the content of your Personal Page in order to screen
out rated material that they do not wish to receive, if you fail to accurately
or completely describe your Personal Page, EPOHI may terminate your service
or your Personal Page privileges, at EPOHI discretion.
9.0 IRC Use
9.01 IRC channels are not monitored by EPOHI. Any user in
IRC may create a channel and hold operator privileges, and any user with operator
privileges on a channel may remove anyone else from that channel. Channel
operators are not agents of EPOHI, and are in no way compensated or supervised
by EPOHI, with the exception of the operators of official EPOHI channels used
for the sole purpose of customer support or communication between EPOHI employees.
Accordingly, EPOHI is not liable for the content of any communication made
on IRC.
9.02 EPOHI will respond to complaints of inappropriate behavior
in IRC, and may, in its sole discretion, take action based on the rules below.
If the accountholder's behavior is found to violate any of EPOHI’s IRC
policies, or to involve unlawful material, as described in 2.02 and 2.03 above,
EPOHI may take action as outlined in 1.02 above.
9.03 Accountholders may not engage in "flooding".
Flooding is defined as deliberately repeating actions in quick succession
in order to fill the screens of other accountholders with text.
9.04 Accountholders may not maintain more than 3 simultaneous
IRC connections from one account. This includes the use of automated programs
("bots") and "clones". A "bot" is a program
written by a user to automatically execute IRC commands. Each bot counts as
one IRC connection. EPOHI accountholders may run bots as long as the total
number of connections does not exceed 3, and the bots do not violate any of
EPOHI’s IRC guidelines. Bots may not be run while the owner is not logged
in.
9.05 A "flash" is a message, which contains control
code information designed to disrupt a user's terminal emulation or session.
EPOHI accountholders may not send or relay such messages via any medium, including
IRC.
9.06 Each IRC channel is controlled by one or more accountholders
with operator privileges, or "ops". The holder of ops on a channel
has the ability to remove any other user from that channel, temporarily or
for as long as the channel exists. "Hacking" is defined as manipulation
of IRC servers in order to harass or disconnect other accountholders, or forcible
seizure of ops on a channel for purposes of disruption or harassment. EPOHI
accountholders may not engage in hacking or attempt to gain operator privileges
for a channel without the permission of the current holder(s) of ops (if any)
on that channel.
9.07 As stated above, the holder of ops on a channel has
the right to remove any accountholders he or she considers offensive. Users
who are removed have the option to move to another channel or create a channel
of their own, where they hold operator privileges. EPOHI accountholders may
not attempt to return to a channel after being banned from it.
9.08 Any user has the ability to screen out messages from
a user they find objectionable, using the "ignore" command. EPOHI
accountholders may not attempt to continue sending private messages to a user
after being ignored.
9.09 EPOHI accountholders may adopt any available nickname
for use in IRC; however, the /whois command can be used to discover the username
and hostname of any IRC user. EPOHI accountholders may not attempt to disguise
their username or hostname in order to impersonate other accountholders or
to use IRC anonymously.
10.0 Anonymous FTP Use
10.01 There is a 0.5 GB per day per account limit on FTP
transfers from EPOHI servers. Accountholders whose accounts are generating
transfers which surpass the limit or which consume an excessive percentage
of EPOHI’s FTP resources may receive a warning from EPOHI. Continued
excessive use of EPOHI’s FTP resources may result in suspension or termination
of the account.
COPYRIGHT NOTICE.
Copyright © 1999-2003 The East Palestine Internet Company, and/or its
suppliers, 82 Garfield Ave Room 17, East Palestine, Ohio 44413 U.S.A. All
rights reserved.
TRADEMARKS. The East Palestine Internet Company, and/or other EPOHI products
referenced herein are either trademarks or registered trademarks of The East
Palestine Internet Company Other product and company names mentioned herein
may be the trademarks of their respective owners.
The names of companies, products, people, characters and/or data mentioned
herein are fictitious and are in no way intended to represent any real individual,
company, product or event, unless otherwise noted.
Any rights not expressly granted herein are reserved.
Contact EPOHI with questions or problems with this service.
© 2004 East Palestine Internet Company. All rights reserved.