Internet Service Terms, Conditions, & Acceptable Use Policy

The Terms, Conditions, and Acceptable Use Policy below has the purpose of ensuring a responsible use of the Internet and its resources, and to prevent practices which degrade the usability of the network.  It concerns the image and reputation of HofNet Communications, Inc.  as a responsible service provider by taking care of security, reliability and privacy of HofNet Communications, Inc.  systems and network.  The following rules compose a policy for use of the systems and the network that is considered to be acceptable.  The Acceptable Use Policy may be adapted to follow the evolution in technology, possibilities and Internet capabilities.

• The Customer may only use the network for lawful purposes.  The use of HofNet Communications, Inc.  network or systems in violation of any United States or international legislation or regulation is strictly prohibited.  This includes, but is not limited to, transmission of copyrighted material without consent of the copyright owner, material legally judged to be threatening or obscene, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.  In addition, the Internet use must be compliant with the terms and conditions of HofNet Communications, Inc.  service.

• HofNet Communications, Inc.  reserves the right to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the Acceptable Use Policy.

• The Customer will indemnify and hold HofNet Communications, Inc. harmless from any claim brought by third parties alleging that use of the network by the Customer has infringed upon any applicable United States or international legislation or regulation.  The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against HofNet Communications, Inc.  arising from such claims.  The Customer shall give HofNet Communications, Inc.  notice of any claim he is involved with or aware of.

• Customers are strictly prohibited from transmitting child pornography as defined by the Child Protection and Sexual Predator Punishment Act of 1998.

• HofNet Communications, Inc. will not communicate the Customer’s e-mail addresses or other personal identification to any third party without prior written customer consent.  Exceptions are made within the scope of judicial investigations to which HofNet Communications, Inc.  will fully cooperate.

• The Customer acknowledges that HofNet Communications, Inc. is unable to exercise control over the content of the information passing over its network, and is not therefore responsible for the content of any message whether or not a HofNet Communications, Inc. Customer made the posting.

• The HofNet Communications, Inc. network may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks.

• In addition, the Customer undertakes to conform to the Internet protocols and standards established or set forth by HofNet Communications, Inc.

• The Customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).

• Without prejudice to the foregoing, HofNet Communications, Inc.  considers that any application, which overloads the network by whatever means will be considered as making profligate use of the network and is as such NOT allowed.  Use of IP multicast, other than by means provided and coordinated by HofNet Communications, Inc. , is likewise prohibited.

• Customers who violate systems or network security may incur criminal or civil liability.  HofNet Communications, Inc.  will fully cooperate with investigations of suspected criminal violations, violation of systems, or network security violations under the leadership of law enforcement authorities.

• Customers are forbidden to send e-mail to any person who does not wish to receive it.  It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross posting or multiple postings, also known as “USENET spam”).

• Customers may not forward or propagate neither chain letters nor malicious e-mail.

• These rules apply to any Internet-based distribution medium and any application using the Internet as well (e.g. Usenet news, fax-like documents over the Internet)

• These rules apply even if the Customer uses another site’s server to relay these communications.

• Customers are prohibited from forging header information.

• A customer may not solicit mail for any other address other than that of the Customer, except with full consent of the owner of the referred address.

• Unless specifically agreed to by the Customer and HofNet Communications, Inc.  in writing.  Customer may not use this Internet access service for resale purposes and public Web servers.

• Neither party shall. Be liable to the other for any consequential, incidental or special damages, including commercial loss, however caused, and regardless of legal theory or forseeability, which directly or indirectly arises from the services, equipment or software provided by HofNet Communications, Inc. .  IN THE CASE OF ANY OUTAGE OR FAILURE TO PROVIDE SERVICE OR FAILURE OF HofNet Communications, Inc.  SUPPLIED EQUIPMENT AND SUCH OUTAGE OR FAILURE IS DEEMED TO BE THE FAULT OF HofNet Communications, Inc. , HofNet Communications, Inc.  SOLE LIABILITY SHALL BE AN AMOUNT EQUAL TO THE PRO RATA PORTION OF CHARGES OR RENT PAID BY THE CUSTOMER FOR SUCH SERVICES OR EQUIPMENT DURING THE OUTAGE OR FAILURE PERIOD.

• ALL HofNet Communications, Inc.  EQUIPMENT UNDER RENTAL BY CUSTOMER IS THE PROPERTY OF HofNet Communications, Inc. .  HofNet Communications, Inc.  IS RESPONSIBLE FOR RENTAL EQUIPMENT WARRANTY AND SERVICE UNDER NORMAL USE.  CUSTOMER IS RESPONSIBLE FOR THE COST TO REPAIR OR REPLACE RENTAL EQUIPMENT IF LOST, STOLEN, OR DAMAGED BY NEGLECT, ACCIDENT, OR BY OTHER MEANS.  CUSTOMER IS RESPONSIBLE FOR ALL EQUIPMENT RENTAL RETURNS TO HofNet Communications, Inc.  AT 401 E WABASH AVE., EFFINGHAM, IL OR BY CALLING (217) 342-6201 IF SERVICE IS DISCONTINUED.

• HofNet Communications, Inc.  RESERVES THE RIGHT TO REJECT ANYONE WITHOUT REASON BEING GIVEN OR RECOURSE AND RESERVES THE  RIGHT TO TERMINATE YOU FOR ANY REASON WITHOUT REFUNDING ANY AND/OR ALL FEES YOU HAVE PAID.