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OPERATIONAL RULES AND
SERVICE AGREEMENT
These rules are designed to protect the Merrimac Communications Internet Services
system, its employees and its users. They are also
provided to make your use of Merrimac Communications Internet Services, and
the Internet a positive and secure experience for
everyone involved. We believe that our customers' freedom
and privacy are of paramount importance and that these
rules serve to secure that freedom and privacy. Becoming
a subscriber to Merrimac Communications Internet Services constitutes an
agreement to abide by these rules.
Operational Rules
1) Merrimac Communications Internet Services is not to
be used by customers or users for any illegal activities
or other purposes prohibited by law.
2) The customer assures
that all information when applying for an account is
correct. The customer agrees to update this information
within a month if changes are made.
3) The customer and users
agree to keep their passwords secret.
4) Any customer or user
can upload or download material on the Merrimac Communications Internet Services
system subject to the following conditions:
Copyrighted material can only be placed on the Merrimac Communications Internet
Services system with the author's permission. The
customer or users can not download copyrighted material without express permission from
the author. The customer or user assumes all risks in
determining whether such material is copyrighted or
public domain.
5) The customer or user
shall obey Internet acceptable use policies.
The customer or user assumes all the risks of
transferring prohibited material across restrictive
networks and transgressing their acceptable use policies.
Otherwise, the Internet can be used for business purposes
in almost all cases. Expressly prohibited activities
include advertising or sending promotional materials to
others without prior express agreement from such others.
Posting advertisements to inappropriate USENET newsgroups
is also expressly prohibited. The customer or user is responsible
for learning these policies.
6) The customer or user
will not attempt to hinder, damage, or disrupt
the hardware, software, or security of the Merrimac Communications
Internet Services system or the Internet and its systems.
7) Merrimac Communications Internet Services
will maintain the strict privacy of all customer and user
accounts except in the case of court order. Merrimac Communications
Internet Services, however, does not guarantee the safety,
accuracy, or content of any materials or information on
the Internet or any materials the customer transfers or
receives on the Internet. The customer or user
acknowledges that all information obtained on the
Internet or Merrimac Communications Internet Services is provided without
warranty of any kind and that the customer's or user's
risk of acting on such information is entirely his/her
own.
8) The customer or user is
prohibited sending email to any person who does not wish to receive it.
If a recipient asks to stop receiving email, the customer must not send
that person any further email. Customers are explicitly prohibited from
sending unsolicited bulk mail messages (SPAM).
9) The customer or user is
prohibited from soliciting Merrimac Communications Internet Services
customers or users to become customers of other
competitive information services. The customer or user
may not disclose or use information regarding any of the
users of Merrimac Communications Internet Services to any other person.
10) Merrimac Communications Internet Services
reserves the right to modify the rules at any time by
publishing such modifications over the service.
11) The customer or user
agrees to waive all claims against Merrimac Communications, legal or otherwise, incurred through the use of the
Merrimac Communications Internet Services system or the Internet and its
systems. The customer also agrees to indemnify and hold
harmless Merrimac Communications Internet Services from any claims and
expenses related to the customer's or user's violation of
the Operational Rules or the Service Agreement Terms.
Service Agreement Terms
1) The customer's right to
use Merrimac Communications Internet Services is not transferable, unless
expressly permitted by Merrimac Communications Internet Services.
The customer will pay for all costs associated with the
use of their account, whether authorized or not.
Customers explicitly are not permitted to set up Internet
hosts or daemons on their computer(s) through their
accounts.
2) The customer agrees to
indemnify Merrimac Communications Internet Services against liability for
any and all use of the customer's account(s).
3) The customer is
responsible for providing any and all equipment and
services needed to access the Merrimac Communications Internet Services
system.
4) The customer agrees to pay all
subscription fees, service fees, or merchandise purchases according to
the payment method and rates selected by the customer. If you pay by
check, we will convert it to an electronic entry. Your bank won't return
your check. If your check is returned to us for insufficient funds, we
will re-present it electronically and your account will be debited for
the check plus a $35 fee. Merrimac Communications Internet Services has
the right to instantly cancel all unpaid or not fully paid
subscriptions. Any remaining unpaid subscription dues will be billed to
the customer including extra fees for bounced checks.
5) Payments to Merrimac Communications
are non-refundable. No refunds shall be
given for canceled accounts, returned merchandise, or
PPP installations unless the account, merchandise,
or installation was clearly defective and non-working.
Cancellations of accounts must be made by e-mail, phone or
fax and shall terminate at the end of the account period. If you pay in advance for a year and
decide to terminate early, we will charge you at the "Email Rate" for
the months used and then return the balance of your payment by check or
credit your credit card.
6) Merrimac Communications Internet Services
will attempt to maintain 99% uptime. Unscheduled
shutdowns may occur without prior warning. We will
attempt to inform each customer by e-mail of planned
shutdowns a week before they occur. The customer waives
all liability regarding damages involved from shutdowns
or loss of materials that might occur in our normal
operations. We recommend customers to regularly backup or
download important information stored with us.
7) In the event of account
termination for any reason, the customer agrees not to
hold Merrimac Communications Internet Services liable for any damages or
inconvenience associated with Merrimac Communications Internet Sevices'
deletion of the account.
8) The customer or user
agrees to all the Operating Rules described here-in.
9) Merrimac Communications Internet Services
reserves the right to modify or add Service Terms.
10) Merrimac Communications Internet Services
reserves the right to modify, add, or remove all services
and features of the system at any time. Current customers
will receive adequate notice of such changes.
11) Account holders are not permitted to
share or otherwise let others use their accounts in any way. A
subscription to our service entitles a customer to be signed on to our
network with only one computer at a time. A dial-up, or PPP account is
not a dedicated account and shall not be configured to become or
otherwise act in any way like a dedicated account. Customers are
requested to disconnect from the Internet when not actively using it for
more than 30 minutes at any time. Interpretation of this service
agreement term is at the sole discretion of Merrimac Communications
Internet Services.
12) It is the customer's responsibility
to make sure the access telephone number you choose to connect to
Merr.com is a local number. DIALING 1+ AN AREA CODE WILL RESULT IN LONG
DISTANCE CHARGES. Merr.com is not responsible for long distance charges.
Merr.com provides connections to our modem pools, in all our locations,
to all our customers. However, please be aware that there may be per
call or time usage charges from your local telephone company for using
their lines to access Merr.com’s modem pools. Please check with your
local phone company before you connect to Merr.com to find out if there
will be a charge for time or calls made by you to our listed numbers or
Merr.com’s modems. These charges are from your local telephone company
to you, for their service and Merr.com assumes no responsibility for
these charges. Merr.com will give no payments, reimbursement, or credits
for any telephone charge incurred for dialing modems. If you have any
questions about your local call service area, check with your local
telephone company before logging on.
13) Refer-A-Friend Promotion: Current
customers must refer a new customer or previous customer who has been
inactive for at least one year using this form:
http://www.merr.com/refer_a_friend.htm. Merrimac Communications will
contact the referral(s) to offer internet service. Referred customer
must sign up for annual service. Referral money ($5.00) will be paid
after referred customer makes annual payment.
14) Infractions of the
Service Agreement or Operational Rules by customers can
result in immediate termination of accounts without
reimbursement.
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