These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Robert H. Braver d/b/a oklahoma-isp.net (“oklahoma-isp.net”). These Terms and Policies have been established with a view towards making everyone’s Internet experience both pleasant and legal, and are consistent with the generally accepted standards imposed by virtually all other Internet providers and/or their underlying carriers. Additionally, oklahoma-isp.net is contractually obligated through its agreements with various upstream providers to enforce terms meeting certain minimum requirements. By using your oklahoma-isp.net account, you agree to all of the Terms and Policies set out in this document.
1. GENERAL TERMS AND POLICIES. oklahoma-isp.net is a private company providing certain Internet services. oklahoma-isp.net's equipment and facilities may be used to send and receive electronic mail, access the Internet through wired and/or wireless connection, and provide Internet services such as domain name service, web servers, mail servers, ftp servers, and/or other services pursuant to a specific customer addendum and subject to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
2. BILLING AND PAYMENT. Invoices are generated at the beginning of a monthly, quarterly, or yearly billing period, as applicable, and payments are due within 21 days. All payments for service are for a full period of service whether the customer uses the service for the full period or not. Except for the first month's service on certain services, no prorating of the service period will be offered. If the customer's check is returned unpaid, the customer is immediately in default and subject to a returned check charge of $10.00. Suspended and canceled accounts may be charged a re-activation fee per the customer's applicable rate schedule. Unpaid accounts may have their service immediately interrupted without further notice. Such interruption does not relieve customer from the obligation to pay the current account charges including any re-activation charges if applicable. If an account includes charges that remain unpaid 30 or more days after the invoice date, oklahoma-isp.net may impose a monthly past-due billing fee of 2% of the delinquent balance or $2.00, whichever is greater.
3. TERM. The Service is provided to you on a month-to-month basis, except for those rate plans that are billed quarterly or on some other agreed-upon term. oklahoma-isp.net must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 1 business day prior to the beginning of a new billing period, or the Service will be provided and charged to you for the following month or quarter, or other term, respectively.
4. GROUNDS FOR SUSPENSION AND TERMINATION. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for oklahoma-isp.net to suspend or terminate your account. You agree that oklahoma-isp.net has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law). This includes, but is not limited to: threatening, abusive, defamatory, vulgar or obscene language, hate speech, any action which threatens public or private rights or which is considered objectionable, any action which encourages a criminal offense or gives rise to civil liability;
b. Using the Service in a manner that infringes on the copyright, trademark, moral rights, patent, rights of privacy, rights of publicity or any other intellectual property right of any third party. oklahoma-isp.net assumes no responsibility, and Customer assumes all risk regarding the determination of whether material is in the public domain, or may otherwise be used by Customer or any end-users of the Service for any purpose. In the event oklahoma-isp.net receives a claim of infringement from a copyright owner, oklahoma-isp.net may forward one or more such notices directly to you. oklahoma-isp.net may suspend and, in appropriate circumstances, will terminate any Customer or end-user that it, in its sole discretion or that of its upstream provider(s), determines is a repeat copyright infringer.
c. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited commercial e-mail ("Spam"), as defined in Paragraph 5 below;
d. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you, or posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan botnet, cancelbot, or other harmful feature;
e. Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or USENET postings, or using any other method to disguise the sender's identity or location;
f. Excessively using the Service in such a way as to limit the bandwidth available to others, including, but not limited to, exceeding the limits associated with your applicable rate plan;
g. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or posting the same or substantially similar message to a large number of newsgroups and/or to the same newsgroup(s) repeatedly;
h. Using the Service to use another site’s email server to relay email without the express permission of the owners of such site;
i. Using the Service for unauthorized relays through any third-party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional or to otherwise create a nuisance;
l. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s);
m. Using the Service to forward or post "chain letters" (multiple forwarding) of any type;
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Using the Service to engage in flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,
q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, oklahoma-isp.net may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
5. UNSOLICITED BULK EMAIL. Unsolicited Bulk Email or "spam" includes:
a. COMMERCIAL MESSAGES: Any message which is on its face or ultimately for a commercial purpose, including advertising the commercial availability or quality of any product, service, or property, that is sent to any email address unless the owner of the email address has a preexisting business relationship with the sender or has expressly opted in to receive such mailings, and the following industry standard best-practices are adhered to in addition to compliance with applicable laws, including the U.S. CAN-SPAM Act:
1) The records or other proof of recipient's opt-in request or existing business relationship must be readily available, and made available to oklahoma-isp.net management upon demand in the event that it is necessary for the purpose of investigating complaint(s).
2) Subscription requests via email, web site, or other comparable methods are verified by sending a confirmation email message to the email address to be subscribed, and subscribing that address only after the addressee has completed a secure verification step outlined in the confirmation email message to affirm the request to be added to the list.
3) All messages sent include a working unsubscription mechanism that allows, at minimum, the recipient to unsubscribe by sending an emailed unsubscription request to a specified email address or clicking on a clearly designated unsubscribe hyperlink within the message.
4) The owners of email addresses obtained from third parties are presumed not to have given consent unless, in addition to the above requirements, it can be readily demonstrated that the consent to receive information was specifically granted to the person or entity whose products, services, or property are being advertised.
b. NON-COMMERCIAL, BULK MESSAGES: Any message or substantially similar message sent to multiple recipients, with the following exceptions:
1) Owners of email addresses who have opted-in to a specific mailing list which complies with the standards for commercial mailing lists as described above.
2) Messages sent to email addresses publicly listed as soliciting comments, inquiries, resumes, entries, or other communications so long as those messages are appropriate for the stated purpose.
3) Messages sent to persons that are personally known to the sender and would not reasonably be expected to object to the mailing.
c. MESSAGES SENT USING OTHER FACILITIES OR BY THIRD PARTIES: The provisions outlined in these Terms and Policies with regards to Spam apply to any email messages sent by or on behalf of our subscribers regardless of whether oklahoma-isp.net's facilities are used in the actual transmission of the email messages or not.
6. INCOMING SPAM POLICY (applicable to email service provided by oklahoma-isp.net). oklahoma-isp.net's prohibition of the use of its facilities for the transmission of Unsolicited Bulk Email or Spam, as defined in Paragraph 5, also applies to incoming email messages destined to any domain serviced by oklahoma-isp.net's facilities. While oklahoma-isp.net allows each user to maintain a high degree of control of his or her individual settings for spam filtering, certain Internet domains and/or IP address ranges belonging to known spam operations may be specifically blocked. Therefore, any customer or potential customer who desires to have the ability to receive all such messages, including those from known spam operations, should not use oklahoma-isp.net's email services.
7. SECURITY. You agree not to access or attempt to access private areas of the Service. You agree to notify oklahoma-isp.net as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
8. INTELLECTUAL PROPERTY. oklahoma-isp.net does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. In compliance with the Federal Digital Millennium Copyright Act, oklahoma-isp.net has designated Robert H. Braver as the individual to receive complaints about alleged copyright infringement taking place on oklahoma-isp.net's facilities. To avail yourself of the protections of the Digital Millennium Copyright Act, if you believe that your copyright(s) is/are being infringed by means of material hosted on oklahoma-isp.net's facilities, you need to provide a signed notice in writing to Robert Braver, 330 W. Gray St., Ste. 405, Norman, OK 73069, containing a specific identification of the allegedly infringing material and the location(s) on oklahoma-isp.net's facilities where the materials are to be found. Upon receipt of such written notice, oklahoma-isp.net will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If oklahoma-isp.net receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, oklahoma-isp.net will send you a copy of that notification. Unless you notify oklahoma-isp.net of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
9. LIABILITY. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by oklahoma-isp.net, neither oklahoma-isp.net nor any of its service providers controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. oklahoma-isp.net neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that oklahoma-isp.net is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).
You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on oklahoma-isp.net's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless oklahoma-isp.net and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service which results in damages to oklahoma-isp.net as a result of any spamming or other violations of Section 4 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that oklahoma-isp.net may pursue any such claims against you in District Court in and of Cleveland County, Oklahoma.
You agree that in no event will oklahoma-isp.net have financial liability to you in excess of the dollar amount remaining on your current service period, or $50, whichever is greater.
10. WARRANTY. OKLAHOMA-ISP.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD OKLAHOMA-ISP.NET ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY OKLAHOMA-ISP.NET OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY OKLAHOMA-ISP.NET ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; OKLAHOMA-ISP.NET DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. OKLAHOMA-ISP.NET DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
11. CONTENT. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. oklahoma-isp.net has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
12. PRIVACY. oklahoma-isp.net commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. oklahoma-isp.net will not provide addresses, telephone numbers, e-mail addresses, or other potentially confidential information relating to any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, a civil investigative demand issued by a government entity, or as necessary to render the Service and effectuate billing. oklahoma-isp.net may provide aggregate data on Subscribers to third parties in the operation of oklahoma-isp.net's business. oklahoma-isp.net may release such information based upon its sole reasonable judgment as to the validity of any such order. If oklahoma-isp.net is ordered by a court of competent jurisdiction to monitor Customer’s connection to comply with a court order or legal process, oklahoma-isp.net will treat that information as confidential and only divulge the necessary information as required by such order or legal process.
13. OWNERSHIP OF DOMAIN NAMES. Registry of domain names by oklahoma-isp.net is performed strictly as a courtesy service on behalf of our Customer. In accordance with ICANN regulations, Subscriber must designate the legal owner of the domain name and valid contact information, acknowledge legal ownership of the domain name, and acknowledge and agree to be bound by the applicable registry agreements including those related to domain name ownership disputes. oklahoma-isp.net holds no ownership interest in the domain name by virtue of performing registration on behalf of Subscriber, and will generally list itself only as a technical contact unless instructed otherwise. However, oklahoma-isp.net will have a lien on any domain names registered on behalf of our Customer for any unpaid domain name registration fees. Subscriber is free to transfer the domain to an alternate registrar at any time, as long as there are no outstanding charges for domain registration fees. oklahoma-isp.net in no way represents Subscriber in any capacity except for the limited purpose of performing domain name registrations or renewals as a convenience to Subscriber. If the registration fees for a domain name remain unpaid for 90 or more days, and oklahoma-isp.net has provided at least 30 days' written notice via first class mail addressed to the Customer's last known mailing address, oklahoma-isp.net, in its sole discretion, may transfer ownership of the domain to itself and/or sell the rights to the domain name to a third party as liquidated damages for failure to reimburse the domain name registry fees advanced on behalf of Customer. Such election will have no bearing on any other outstanding charges.
15. ADDITIONAL PROVISIONS FOR DEDICATED INTERNET ACCESS. oklahoma-isp.net's dedicated Internet access offers connectivity to the global Internet through a dedicated circuit, and/or managed network service including wired network ports and Wi-Fi access. The pricing, anticipated use case, number of daily users, bandwidth, and/or data transfer limits, and any term agreement or other provisions as to such service will be governed according to an additional agreement acting as an addendum to these general Terms and Policies. Customer agrees not to resell or otherwise share access to the service.
16. HEADINGS. Capitalized headings are for identification only and do not form a part of this agreement.
17. GOVERNING LAW. These Terms and Policies are governed in all respects under the laws of the State of Oklahoma.
18. SEVERABILITY. In the event that any provision in these Terms and Policies is deemed to be unenforceable, the remaining provisions will continue to be in full force and effect.
19. AMENDMENTS. These Terms and Policies may be amended in any respect at any time by oklahoma-isp.net upon the transmission of the amended Terms and Policies to you via U.S. Mail or via email to your designated addresses. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to support@oklahoma-isp.net, and any unused portion of fees you have paid for the Service will be returned to you within 20 days.