1. ACCOUNT SETUP
You represent that you are at least 18 years of age and have the right and ability to enter into this agreement. You agree that you are responsible for verifying and maintaining your account, options, and settings under which Irvine OnLine is used including but not limited to passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.
2. CONNECTION TO YOUR COMPUTER
Neither Irvine OnLine, our suppliers, nor our contractors shall be liable for any damage to, or loss or destruction of, your equipment during installation, including but not limited to any damage to, or loss or destruction of any software, files or data. In addition, you understand that opening your computer to install the network interface card may void warranties provided by the computer manufacturer or other parties relating to the computer’s hardware or software. By this agreement, you consent to the opening of the computer for the installation and removal of equipment related to the service and release Irvine OnLine from any liabilities. Neither Irvine OnLine, our suppliers, nor our installation contractors shall have any liability whatsoever as the result of the voiding of any such warranties. To minimize the possibility of data loss, a complete backup of your system should be performed prior to installation of cable modem service.
3. LIABILITY FOR UNAUTHORIZED USE
You agree that all equipment installed in your residence, including any networking card installed in your computer, is the property of Irvine OnLine and must be returned to our office at 237 Broadway within 10 days of disconnection of service or you agree to pay $175 to replace the equipment. You understand that the equipment installed at your location may not be moved to another location without prior approval from Irvine OnLine. Removal of the cable modem or equipment to another residence without approval is grounds for immediate disconnection from Irvine OnLine and legal action for theft of service.
4. FEES AND PAYMENT
You agree to pay, in accordance with the provisions of the billing option you selected, all charges on your account on the 1st day of the calendar month. Accounts not paid in full by the 15th of the calendar month are subject to disconnect without further notification. If your service is inactivated due to nonpayment, a $23.98 reconnection fee plus the full amount of your account must be paid before service will be reactivated.
5. PROHIBITED CONDUCT
You agree not to use Irvine OnLine as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to transmit information or communications that, whether explicitly stated, implied or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouse, promote, or incite bigotry, hatred, or racism; or which might be legally actionable for any reason; (c) to attempt to access or to access the accounts of others, to attempt to spoof or to spoof the URL or DNS address, or to attempt to penetrate or to penetrate our security measures or other entities’ systems(“hacking”) whether or not the intrusion results in corruption or loss of date; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to “spamming, “ “flaming,” or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails or to intercept, interfere with, or redirect email intended for third parties using Irvine OnLine; (f) to introduce viruses, worms, harmful code, and/or Trojan horse on the Internet; (g) to post information on newsgroups which is not in the topic area of the newsgroup; (h) to interfere with another person’s usage or enjoyment of the Internet or this service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene, or deceptive, including but not limited to scams such as “make-money-fast” schemes or “pyramid/chain” letters; (j) to transmit confidential or proprietary information, except solely at your own risk; (k) to violate our or any third party’s copyright or copyrighted material, trademark, proprietary or other intellectual property rights, including trade secret rights and copyrighted movies and music; (l) to generate excessive amounts(as determined by Irvine OnLine) of Internet traffic, or to disrupt net user groups or email use by others; (m) to engage in activities designed to or having the effect of degrading or denying Service to Irvine OnLine users or others(including activities that compromise a server, router circuit, or software;) (n) to use your Irvine OnLine account for the purpose of operating a server of any type; (o) to use Irvine OnLine or the Internet in a manner intended to threaten, harass, or intimidate others; (p) to use Irvine OnLine to violate any operating rule, policy, or guideline of any other online service provider or interactive service; (q) to attempt to subvert, or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (r) to impersonate any person or use a false name while using Irvine OnLine; (s) to install “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (t) to make false or unverified complaints against any Irvine OnLine subscriber; (u) to export software or any information in violation of US export laws; (v) to modify equipment or attempt to modify equipment in any way to provide bandwidth beyond the pricing plan you selected. You agree not to use Irvine OnLine to conduct any business or activity, or to solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation, or legal obligation. Violation of any part of the above is grounds for immediate disconnection of service with Irvine OnLine.
You acknowledge that Internet sites, and use of the Internet, might consist of, include, and/or provide access to images, sound, messages, text, services, or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that we are not responsible for any such content or material and agree that access to same through Irvine OnLine is at your sole risk. The reliability, availability, legality, performance, and other aspects of resources accessed through the Internet are beyond our reasonable control and are not in any way warranted or supported by ourselves or our third-party contractors. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality, and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. You confirm that you assume all risk and liability of any use of the Internet through your account, including your continuous compliance with this subscriber agreement.
7. FIREWALLS AND VIRUS PROTECTION
To aid in the protection of your computer from viruses and hackers, Irvine OnLine strongly recommends the use of a firewall and some type of anti-virus software. No existing anti-virus or firewall software can guarantee complete protection from viruses and/or hackers. However, a good up-to-date software program along with common sense will provide the best protection possible. For more information concerning firewalls or viruses, please call Irvine OnLine at 723-4240 or 723-3668.
By accessing the Internet, by cable modem service through Irvine OnLine, you agree to the terms and conditions of this subscriber agreement and understand that noncompliance with the terms of this agreement are grounds for immediate termination of your Irvine OnLine account.