These are the Acceptable Use Policies (AUP) of WCiT - West-Canaan Information Technology LLC (WCiT). All clients of WCiT must abide by these policies. WCiT reserves the right to change and update these policies as it sees necessary.
The primary purpose of WCiT is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is WCiT's intention to allow WCiT users complete access to everything the Internet has to offer, with minimal or no interference from WCiT.
However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as WCiT, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because WCiT runs multi-user systems, actions of one WCiT customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all WCiT users.
To this end, WCiT has developed these Acceptable Use Policies. They are intended to inform WCiT's Customers of what WCiT considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions WCiT may take, with or without notice, in the event that WCiT becomes aware of inappropriate use of WCiT's service. This AUP will be used to help WCiT system administrators deal with complaints from users of WCiT or other Internet-connected systems, and to determine when action should be taken. It is expected that all WCiT Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of WCiT's technical resources, ability to continue to provide high quality service to its customers, and the protection of WCiT's reputation as a service provider.
WCiT Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to WCiT or any information or software therein. You release WCiT from and WCiT shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the WCiT services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by WCiT's own negligence. Without limiting the generality of the foregoing, WCiT disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the WCiT services. In no event shall WCiT's aggregate liability exceed the amount paid by you to WCiT for the WCiT services for a single month. Use of any information obtained via WCiT's Internet service is at the user's own risk. WCiT specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
UNDER NO CIRCUMSTANCES SHALL WCiT BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF WCiT WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall WCiT's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to WCiT in a single month by Customer hereunder in said term in which the damages are incurred.
WCiT warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. WCiT does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, WCiT DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WCiT's limited warranty set forth herein is in lieu of all liabilities or obligations of WCiT for damages arising out of or in connection with its Internet services.
WCiT is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that WCiT reserves the right to:
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. WCiT will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. WCiT is not liable for any usage and or charges prior to WCiT making the necessary account alteration. Electronic mail on this system is as private as we can make it. WCiT's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
WCiT is not responsible for any Customer's personal files residing on WCiT Equipment or Network. The Customer is responsible for independent backup of the Customer's data that is stored at WCiT. WCiT reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between WCiT and the Customer.
The right to use WCiT's Internet service is not transferable. Use of WCiT accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
Any network address assignments issued by WCiT (i.e., IP addresses and Class C address space) are the property of WCiT and are considered to be loaned to its customers. In the event service with WCiT is discontinued for any reason, such addresses will revert to WCiT. If a Customer of WCiT participates in a service of WCiT which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by WCiT.
Hosting is a rental of services; the equipment used to offer hosting and other services are the property of WCiT of which customers are given limited remote access depending on the services being rendered by WCiT. In the event service with WCiT is discontinued for any reason, this limited remote access will cease.
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of New Jersey, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on WCiT's service through Customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on WCiT Equipment or Network. The Customer shall defend, indemnify and hold harmless WCiT from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the WCiT service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with WCiT or WCiT's Acceptable Use Policies. At WCiT's discretion, WCiT may revoke any Customer's access to WCiT services or accounts for inappropriate usage.
Customer represents and warrants to WCiT that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.
The following types of conduct are grounds for immediate suspension of service pending investigation by WCiT and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, WCiT reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a WCiT Customer as described in (a) and (b) below before such postings are forwarded:
You, the WCiT Customer, or their customers (End Users), must also send email in a way that respects the stability of our network, and allows other customers to use the Services. If we determine that your use of email affects our network or our other customers, in any manner, we may suspend your account until such time as you have agreed to modify your behavior. While your account is suspended, Fees will continue to accrue. Customers who are running email lists, notifications, newsletters, etc. MUST comply with the CAN-SPAM laws. Customer also agrees and understands that WCiT and/or our third party vendors may deem email as SPAM beyond the scope of CAN-SPAM laws. Twenty (20) or more unsolicited messages sent simultaneously will be consider Mail bombing. Email lists not purged and kept up to date will also be considered a over utilization of the WCiT email system.
WCiT account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event WCiT determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer may be notified by E-Mail. If the excess use continues for more than 24 hours after such notification, the Customer may be requested to upgrade to a service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by WCiT to adversely affect WCiT's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable. WCiT reserves the right to charge Customer additional fees or surcharges for any excess utilization of system or network resources.
Any access to other networks connected to WCiT's Internet service must comply with the rules for that other network as well as with WCiT's rules.
WCiT reserves the right to monitor any and all communications through or with WCiT facilities. Customer agrees that WCiT is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for WCiT employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. WCiT also reserves the right to access a Customer's files stored on WCiT systems to resolve system problems or errors.
WCiT will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that WCiT's judgment as to the validity of any court order of subpoena shall be considered proper and final.
WCiT reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of WCiT that the Customer may be performing activities harmful to WCiT or its Customers, employees, vendors, business relationships or any other users of the Internet.
WCiT reserves the right to collect damages (software, hardware and man hours) if any harm is done to WCiT which requires repair or reconfiguration of any kind.
Nothing contained in these policies shall be construed to limit action WCiT may take or remedies available to WCiT in any way with respect to any of the described conduct. WCiT reserves the right to take any additional actions WCiT may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the WCiT service, and levying cancellation charges to cover WCiT's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, WCiT reserves at all times all rights and remedies available to WCiT with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and WCiT reserves the right to enforce such policy or rule at its sole discretion.
WCiT reserves to right to change without notice the WCiT service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
WCiT reserves to right to change without notice this Acceptable Use Policies. Customer's use of WCiT services after such notice shall constitute Customer's acceptance of the modifications to these policies.
Customer agrees to defend, indemnify and hold harmless WCiT and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against
any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising
out of or relating to:
A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of: - (i) any Customer warranties, representations, or covenants hereunder; - (ii) inaccuracy of any information, including false advertising claims and unfair competition claims; - (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page. B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).
Customer must flow down this AUP to your End Users If you (the Customer) purchase Services from WCiT; you must have an acceptable use policy no less restrictive than our AUP. If you choose to copy this AUP into your agreement, you must acknowledge in your agreement that you are a reseller and bound to another providers AUP (ie, you need not mention us by name). You agree to indemnify us should you fail to comply with this paragraph. However, even if you include this AUP in your agreement with your End Users, you remain responsible for their conduct, and agree to indemnify us and our third party vendors from any claims made against us based on their conduct. It is very important that you review the terms of our TOS. Many of our third party vendors require you to flow down provisions of their agreements to your End Users. You agree to indemnify us, and/or our third party vendors, should your failure to flow down these provisions result in a claim against either of us.
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.
No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.
Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.
This Agreement shall be governed by the internal laws of the State of New Jersey and the parties hereto agree that the courts in the State of New Jersey shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.
Questions should be directed to support at wcit.net.
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