Basin
Broadband, Inc. agrees to provide and the Client agrees to receive
access to Basin Broadband, Inc.' Internet telecommunications network
according to the following Terms and Conditions:
1. Basin
Broadband, Inc. exercises no control whatsoever over the content of
the information passing through it from the internet. The client
should understand that there are no guarantees of accuracy from many
sources on the internet, and in some cases, little or no censorship.
2. Service
Limitations. Basin Broadband, Inc. access is provided on an "as is,
as available" basis. Because of continually increasing traffic,
there may be times when connection to a particular site is refused
or slow. End User/Client hereby acknowledges that the Services are
subject to certain conditions generally beyond the control of Basin
Broadband, Inc., including the type and condition of the equipment
(personal computer, modem, etc.) of End Users. The Service may be
temporarily unavailable or limited because of capacity limitations
and may be temporarily interrupted or curtailed due to equipment
modifications, upgrades, relocations, repairs, and similar
activities necessary for the proper operation of the Service. Basin
Broadband, Inc. makes, and End User/Client acknowledges, no
warranties, expressed or implied, including but not limited to those
of merchantability or fitness for a particular purpose, are made
with respect to Basin Broadband, Inc. service, equipment or any
information or software therein. Basin Broadband, Inc. will not be
responsible for any damage or loss of income incurred either as a
result of using the service or inability to access the service. This
includes loss of data resulting from delays, nondeliveries,
misdeliveries or service interruption however caused, including
equipment failure. Basin Broadband, Inc. does not guarantee
continuous or uninterrupted service and reserves the right from time
to time to temporarily reduce or suspend service without notice.
3. Basin
Broadband, Inc. may only be used for lawful purposes. Transmission
of any material in violation of any U.S. or state regulation is
prohibited. This includes but is not limited to: copyrighted
material, material legally judged to be threatening or obscene, or
material protected by trade secret. Client agrees to indemnify and
hold harmless Basin Broadband, Inc. from any claims resulting from
Clients use of the service which damages Client or another party.
Basin Broadband, Inc. has established its network operation in
compliance with the Digital Millennium Copyright Act. If a valid
question of copyright infringement exists upon our network, please
send an email notice of alleged infringement to our designated
agent:
abuse@basinbroadband.com
4. Any attempt
to access or modify unauthorized computer system information or to
interfere with normal system operations, whether on the equipment of
Basin Broadband, Inc. or of any computer system or network that is
accessed via Basin Broadband, Inc.' service, will result in the
immediate suspension of services. These unauthorized activities
include, but are not limited to: guessing at or using passwords
other than Client's own, accessing information that does not have
public access permissions, and accessing any computer system on
which Client or the public are not welcome.
5. Any access
to other networks through Basin Broadband, Inc. service must comply
with the Acceptable Use Policy for that network.
6. Use of any
information obtained via Basin Broadband, Inc. communication service
is at Client's own risk. Basin Broadband, Inc. specifically denies
any responsibility for the accuracy or quality of information
obtained through its services.
7. It is
contrary to Basin Broadband, Inc. policy for any user of any of
these services to effect or participate in any of the following
activities through an Basin Broadband, Inc. provided service:
A. To post
messages substantially similar in content to ten (10) or more
Usenet or other newsgroups, forums, listservs or other similar
groups or lists (each a "List");
B. To
intentionally post to any List articles which are off-topic
according to the charter or other owner-published FAQ or
description of the group or list;
C. To send
unsolicited Emailings to more than twenty-five (25) email users,
if such unsolicited Emailings could reasonably be expected to
provoke complaints. Except as otherwise defined under applicable
law, "Unsolicited Email" does not include any message addressed to
an individual (i) with whom the sender has a preexisting and
ongoing business or personal relationship, (ii) from a
non-commercial organization or entity of which the individual is a
pre-existing member or (iii) a posting to a List that does not
otherwise violate this Policy. Basin Broadband, Inc. recognizes
the fact that Spamming is illegal, and will not tolerate such
activities outside of this ISP. On the net itself, spamming has
been ruled as illegal activity. If proof is presented that an
Basin Broadband, Inc. client has been involved in Spamming, that
account will immediately be made inactive until such time as the
client can be contacted to resolve the issue. ****Spam Defined: An
inappropriate attempt to use a mailing list, or USENET or other
networked communications facility as if it was a broadcast medium
(which it is not) by sending the same message to a large number of
people who didn't ask for it. To falsify user information provided
to Basin Broadband, Inc. or to other users of the service in
connection with use of an Basin Broadband, Inc. service;
D. To engage
in any of the foregoing activities by using the service of another
provider, but channeling such activities through a Basin
Broadband, Inc. account, remailer, or otherwise through an Basin
Broadband, Inc. service or using an Basin Broadband, Inc. account
as a mail drop for responses or otherwise using the services of
another provider for the purpose of facilitating the forgoing
activities if such use of another party's service could reasonably
be expected to adversely affect a Basin Broadband, Inc. service;
E. To engage in any other activity which is either in violation of
law, threatens the integrity of any computer system, or violates
generally accepted standards of Internet conduct and usage
including but not limited to denial of service attacks; web page
defacement; port and network scanning and unauthorized system
penetrations.
8. Basin
Broadband, Inc. considers the above practices to constitute abuse of
our service and of the recipients of such unsolicited mailings
and/or postings, who often bear the expense. Therefore, these
practices are prohibited by Basin Broadband, Inc.' terms and
conditions of service. Engaging in one or more of these practices
may result in termination or suspension of the offender's account
and/or access to Basin Broadband, Inc. services in accordance with
the End User/Client's Services agreement with Basin Broadband, Inc..
A. In
addition, Basin Broadband, Inc. reserves the right, where
feasible, to implement technical mechanisms which block postings
and messages as described above before they are forwarded or
otherwise sent to their intended recipients.
B. This
policy addresses only the kinds of network abuse specifically
enumerated above. In addition to these activities, Basin
Broadband, Inc.' terms and conditions of service also prohibit
other forms of abuse such as harassment and the posting of illegal
or unlawful materials, and Basin Broadband, Inc. will respond as
appropriate to these other activities as well.
C. Finally,
Basin Broadband, Inc. respects the privacy and anonymity of its
End Users who agree to the Terms and Conditions of Basin
Broadband, Inc.' Service. Basin Broadband, Inc. will strive to
provide for and uphold such rights.
9. The
benefits of, or rights conferred by, this Agreement are
non-transferable. Use of Basin Broadband, Inc. service is expressly
limited to the Client whose name appears on the account. Dial-up
services are for attended use only. Users are not permitted to stay
connected when they are not at the terminal doing internet work.
10. Spam/Virus
Protection. Basin Broadband, Inc., provides direct broadband connections to the Internet. It is
the responsibility of the customer to protect their computers from Internet born threats.
11. Service is
payable monthly in advance. Service should be canceled in writing
prior to first day of the month. Service is automatically renewed
each month unless canceled by the Client. Only a written (send email
to
cancel@basinbroadband.com) request to terminate service relieves
Client of the obligation to pay the monthly charge. Client and Basin
Broadband, Inc. jointly agree that all requests to cancel service
must be made in writing (send email to
cancel@basinbroadband.com)
by the 28th of the month in which service is to end. Service will
terminate on the last day of the month prepaid. Any cancellation
after the 1st will be considered billable time. Basin Broadband,
Inc. will not refund any prepaid service fees. Client agrees that
any setup fee is non-refundable.
12. If
automatic "Bank Draft" is the form of payment, the account will be debited monthly, within the first five days
of the month to cover service for that month, at the "then current"
rate. Automatic debits will continue until the Client cancels the
service in writing (send email to
cancel@basinbroadband.com)
based on the conditions stated in Item #8 above. Client agrees to
compensate Basin Broadband, Inc. the sum of $25.00 "Bank Draft" is
returned without having given proper notice cancellation as
required in Item #8 above.
13. Basin
Broadband, Inc. reserves the right to change the rates and otherwise
modify these Terms and Conditions without notification.
14. Basin
Broadband, Inc. reserves the right to terminate Client's access to
the service upon any breach of this Agreement by Client. Accounts in
payment default on the fifteenth day of the month are subject to
suspension of service.
15. Basin
Broadband, Inc. reserves the right to cancel any account for any
reason it deems reasonable, or for any client conduct that Basin
Broadband, Inc., in its sole and absolute discretion, deems
unacceptable.
16. These
Terms and Conditions supersede all previous representations,
understanding or agreements and shall prevail notwithstanding any
variance with Terms and Conditions of any order submitted.
17. Use of
Basin Broadband, Inc. service constitutes acceptance of the Terms and
Conditions.
18. Monthly
Usage Quota. Basin Broadband has established quotas for broadband
usage, based on the total number of GigaBytes transferred during the
month. Rates are set based on these amounts. If a customer begins
exceeding the current rate plan to which the customer is signed up
for, Network Monitoring Equipment at Basin Broadband may throttle
the speed. Many times, increased usage is a result of employees adding
streaming audio such as Internet Radio, or loading PTP file sharing
programs like Kaaza and BearShare. Although we don't prohibit these
activities, we must discourage these as they will seriously degrade
a business class network.
Basin Broadband, Inc. will notify the customer in the event that
bandwidth is exceeding the rate plan, and give the customer the
opportunity to move to a higher plan. If the customer does not
notify Basin Broadband, Inc. to change the plan, Basin Broadband,
Inc. may charge $5 per GB for overage at the conclusion of the
following month, and may continue to throttle the customers
bandwidth.
19. Nothing
contained in this policy shall be construed to limit Basin
Broadband, Inc.' actions or remedies in any way with respect to any
of the foregoing activities, and Basin Broadband, Inc. reserves the
right to take any and all additional actions it may deem appropriate
with respect to such activities, including without limitation taking
action to recover the costs and expenses of identifying offenders
and removing them from the Basin Broadband, Inc. service, and
levying cancellation charges to cover Basin Broadband, Inc.' costs
in the event of disconnection of dedicated access for the causes
outlined above. In addition, Basin Broadband, Inc. reserves at all
times all rights and remedies available to it with respect to such
activities at law or in equity.
Have
Support Questions not answered here? Email
support@basinbroadband.com
