TERMS OF SERVICE AND ACCEPTABLE USE
VelocityNet, LLC’s (VelocityNet) business purpose and objective is to provide affordable, high-speed wireless Internet service (the service) to homes and businesses located in rural areas and communities.
VelocityNet does not provide guaranteed broadband or dedicated broadband or guaranteed speeds for any specific customer, location, or usage.
By utilizing VelocityNet’s services, the User accepts and agrees to the following Terms of Service and Terms of Acceptable Use:
TERMS OF SERVICE
- The User agrees to pay VelocityNet all charges relating to the use of the VelocityNet’s service according to rates and prices in effect at the time the service is used. VelocityNet reserves the right to change prices on 30 days notice as published on the Velocitynet webpage, www.velocitynetdsl.com.
- VelocityNet shall invoice the User at the beginning of each month and the User shall pay the invoice within 15 days of receipt. If the User is more than one month in arrears, VelocityNet reserves the right to disconnect the User from the service.
- An external antenna and wireless bridge are required to utilize VelocityNet’s services. VelocityNet will provide the necessary antenna and radio and install them externally at the then existing rates. It is the User’s responsibility, and expressly not VelocityNet’s responsibility, to provide any User desired grounding and lightning protection devices for the User’s antenna, radio, and computer equipment. Velocitynet specifically recommends the use of an “ethernet” surge protector by all Users located in exposed areas that have significant thunderstorm and lightning activity at anytime during the year.
- The antenna and wireless bridge provided by VelocityNet carry the standard manufacturers’ one-year warrantees against manufacturing defects. VelocityNet makes no other warranties or guarantees, expressed or implied, for the antenna, radio, or User’s computer equipment. VelocityNet is expressly not responsible for or liable for any damages to the antenna, bridge, computer, networking equipment or any other damages caused by electrical outages and overloads, or by severe weather, lightning, or other acts of God.
- Neither VelocityNet nor its service Providers are responsible for any damages arising from the User's use of VelocityNet’s service, or by the User's inability to access VelocityNet’s service.
- THE VELOCITYNET SERVICE IS SOLELY PROVIDED ON AN "AS IS AND AS AVAILABLE" BASIS. VELOCITYNET MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF AVAILABILITY OF THE SERVICES, SPEED, CAPACITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO VELOCITYNET OR ANY VELOCITYNET INFORMATION OR SERVICES OR SERVICES OF OUR PROVIDERS. IN USING VELOCITYNET’S SERVICE THE USER EXPRESSLY ACCEPTS AND AGREES THAT VELOCITYNET AND VELOCITYNET PROVIDERS SHALL NOT BE RESPONSIBLE FOR ANY REIMBURSEMENTS, THE USER SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT, AND THE USER SHALL NOT MAKE ANY CLAIMS FOR REIMBURSEMENT FOR ANY LOSSES OF INCOME, DAMAGES, OR OTHER CLAIMS DUE TO DISRUPTION, UNAVAILABILITY, OR QUALITY OF SERVICES BY VELOCITYNET OR ITS PROVIDERS.
- VelocityNet will not store or maintain any User's files or data on VelocityNet. The User is solely responsible for the User’s files and data.
- Due to the public nature of the Internet, all transmitted data, including email, is and shall be considered publicly accessible and it is and shall be the User’s sole responsibility to treat the User’s important information carefully. VelocityNet is not responsible for or liable for protection or privacy of the User’s electronic mail and information transferred through the Internet.
- VelocityNet is not responsible for or liable for any computer viruses, spam, or damages to the User’s computers, software, systems, software, files, data, or any other damages resulting from User’s accessing the internet or using VelocityNet’s services or its providers services.
- The User is solely responsible for all aspects of the User's usage of VelocityNet’s services, including email accounts, and for the confidentiality of User’s password(s).
- VelocityNet’s service is a high-speed Internet service, and not a guaranteed or dedicated broadband service. Massive transfers of data through uploading, downloading, or file sharing is not permitted by VelocityNet as this may disrupt the quality of service to other Users.
- The User shall not use large distribution or address lists for electronic mail and shall not perform other massive electronic mailings, uploadings, downloadings or file sharing.
- The User shall not use VelocityNet’s service to distribute unwanted advertisements, solicitations, or any other form of marketing/sales commonly referred to as spamming. The use of lists, blind copies, relaying to addresses via email is also not permitted.
- The User agrees to use VelocityNet’s service in a manner consistent with any and all applicable laws.
- The User agrees to follow the Acceptable Use Policy of any network that a user connects to, including VelocityNet’s system.
- VelocityNet reserves the right to terminate access to VelocityNet’s services for any User.
- VelocityNet, at its sole judgment, may terminate the service immediately or suspend the User's access to the service upon any breach of this Agreement by the User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of VelocityNet that the User may be performing activities harmful to VelocityNet or its Users or any other users of the Internet.
- VelocityNet reserves the right to cancel or change without notice any aspect of the VelocityNet service.
- VelocityNet may modify these terms and conditions upon notice published on VelocityNet’s webpage, www.velocitynetdsl.com. The User's use of VelocityNet service constitutes the User's acceptance of any and all modifications to the terms and conditions.
- Non-enforcement of any section of this Agreement does not constitute consent, and VelocityNet reserves the right to enforce this Agreement at its sole discretion.
- If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and VelocityNet’s agreement on all other paragraphs shall remain valid.
- VelocityNet’s services are provided to the Users under the above terms and conditions as well as the following terms and conditions. A) Any stated speeds, up and down, are not and cannot be guaranteed. B) All Users’ security needs, provisions and safeguards are the Users sole responsibility, and VelocityNet has no responsibilities. C) Resale of VelocityNet’s Internet services is strictly prohibited.
TERMS OF ACCEPTABLE USE
VelocityNet’s Terms of Acceptable Use are intended to help enhance the use of the Internet by preventing unacceptable use.
VelocityNet supports the free flow of legal information and ideas over the Internet and does not actively monitor use of its services under normal circumstances. Similarly, VelocityNet does not edit or control the content of any Web site, email transmission, news group, or other material created or accessible through its service, except for our proprietary websites.
VelocityNet may deny its service to Users for any reason that we deem, in our sole discretion, may be illegal, may subject us to liability, or which may violate our Terms of Service and Acceptable Use. VelocityNet may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
A User’s violation of these Terms of Acceptable Use may result in the suspension or termination of their access to VelocityNet’s services.
The following constitutes violations of VelocityNet’s Terms of Acceptable Use:
a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using the Services to entice or to harm, or attempt to entice or to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
f. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email are prohibited.
h. Unauthorized access. Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, VelocityNet’s security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system.
i. Copyright or trademark infringement. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
j. Collection of personal data. Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the service. Reselling the Service.
l. Network disruptions and unfriendly activity. Using the Service for any activity, which adversely affects the ability of other people or systems to use VelocityNet’s Service or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other computer or network users, network services or network equipment is prohibited. It is the User’s responsibility to ensure that their computer or network is configured in a secure manner. A User may not, through action or inaction, allow others to use their computer or network for illegal or inappropriate actions. A User may not permit their computer or network, through action or inaction, to be configured in such a way that gives a third party the capability to use their computer or network in an illegal or inappropriate manner.
m. News. Users should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or community standards describing what is and is not considered appropriate. “Usenet” can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's intended use. Please familiarize yourself with basic Usenet etiquette before posting to a newsgroup.
n. Velocitynet considers "multiposting" to 10 or more groups within a two-week sliding window to be excessive.
p. Long Connections and Multiple Logins. Using the services for high volume usage is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Users may stay connected so long as they are actively using that connection for the above purposes. Users may not use the Service on a standby or inactive basis in order to maintain a connection. Ping flooding is expressly prohibited. Accordingly, VelocityNet maintains the right to terminate any Users connection following any extended period of inactivity as determined by Velocitynet.
VelocityNet reserves the right to revise, amend, or modify its Terms of Service and Terms of Acceptable Use at any time and in any manner.
8068 Rd 29.4 loop
Cortez, CO 81321