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TULSACONNECT INTERNET SERVICES USER AGREEMENT
 Last Updated 01/05/05


TERMS OF SERVICE

1. Introduction

This document serves as an agreement between TulsaConnect Internet Services ("TCIS") and all direct or indirect users ("Customer") of TulsaConnect's Internet services ("Service" or "Services"). TCIS may make changes to this agreement from time to time, so please check back often.

2. Acceptance

Unless otherwise agreed to in writing by TCIS, your use of Service signifies acceptance of and agreement to be bound by this agreement. You may not use Service unless you agree to be bound by the Terms and Conditions that follow.

3. Services Provided
  1. TCIS provides certain Services, including but not limited to Dial-Up, ISDN, DSL, Dedicated line, Web Hosting, and Collocation. We provide these Services to the best of our ability, but make no warranties or claims to the suitability of the Service to the Customer's requirements.

  2. The Services are provided on an "as is" and "as available" basis. TCIS does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. TCIS reserves the right to refuse service to Customer for any reason.

  3. There is no Service Level Agreement (SLA) regarding Service unless provided to Customer as part of a written Agreement. Customer acknowledges that access performance is influenced greatly by many factors outside of TCIS's influence including but not limited to poor public switched telephone network (PSTN) service, slow response times from telephone carriers, and Internet transit through third party networks.
4. Privacy

Please refer to our Privacy Policy located at http://www.tulsaconnect.com/company/privacy.asp

5. Payment
  1. Customers must provide TCIS with accurate billing information, including legal name, address, telephone number, and credit card/debit card information. It is the Customer's responsibility to notify TCIS of any changes to this information.

  2. Charges for Service are billed monthly, quarterly, or yearly depending on Customer preference. Customers may pay these charges via credit card, debit card, electronic funds transfer, certified check, cashier's check, bank draft, or check. TCIS is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, banking fees or charges, etc) resulting from charges billed by TCIS.

  3. Services paid for via credit card, check, or direct transfer method will be charged on the Service Activation Anniversary Date. For example, Customers that activated Service on the 1st of the month that pay monthly will be charged on the 1st of each month. Customers that activated Service on the 15th of the month that pay monthly will be charged on the 15th of each month. All customer Invoices will reflect all payment terms and conditions.

  4. Delinquent accounts are subject to suspension or termination at TCIS's sole discretion. Suspension or termination of Service by TCIS in accordance with these Terms and Conditions shall not relieve Customer from the financial obligations created by use of Service.
6. Cancellation

Customer may cancel Service at any time and for any reason by providing notice of intent to cancel to TCIS by:
  1. Telephone calls directed to our Billing Department at 918-584-1100, Option 4

  2. Postal mail addressed to:

         TulsaConnect Internet Services
         ATTN: Billing Department
         321 South Boston, Suite 601
         Tulsa, OK 74103

  3. Fax directed to 918-582-5776

  4. E-Mail directed to billing@tulsaconnect.com
Upon acceptance of cancellation a cancellation number will be issued to Customer by TCIS.

Your cancellation is not valid until you have a cancellation number.

In the case of month-to-month service, you will be required to pay for the month in which your cancellation was accepted. Unpaid balances accrued prior to your cancellation will still apply after you receive a cancellation number. No refunds will be given. Customers under term contract will be held to the Termination section of the Services Agreement to which they have agreed. TCIS reserves the right to terminate month-to-month service at any time for any reason.

7. Limitation of Liability

THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TCIS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCIS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES. NO ADVICE OR INFORMATION GIVEN BY TCIS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TCIS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET. TCIS'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY THE CUSTOMER TO TCIS FOR ONE MONTH OF SERVICE.
Use of Service is governed by and subject to the laws of the State of Oklahoma. Any lawsuit regarding these Terms and Conditions must be filed in the courts of Tulsa County, Oklahoma. 

ACCEPTABLE USE POLICY

1. Introduction

TCIS supports the unregulated, free flow of information over the Internet and does not actively monitor use of the Services. Any content hosted on TCIS servers, such as personal website files, commercial websites, and any content hosted on servers within the TCIS Data Center must comply with local, state, and federal laws. We may remove or ask Customer to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which otherwise may violate this agreement. 

2. Acceptable Use Policy
  1. Illegal Activity - Customer may not use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law.

  2. Fraudulent Activity - Customer may not use the Service to commit fraudulent transactions. This includes forgery of signatures, online identity, or "identity theft". This does not include providing misleading E-mail addresses in Newsgroup, Chat Rooms, and other Internet areas to protect your own identity and/or avoid spam collectors.

  3. Harm to minors - Customer may not use the Services to harm, or attempt to harm, minors in any way.

  4. Harassment and Threats - Customer may not use the Service to harass or threaten another.

  5. Unauthorized access or "cracking" - Customer may not use the Service to access, or to attempt to access, the private information of others, or to penetrate, or attempt to penetrate, security measures of TCIS's or another entity's computer software or hardware systems, whether or not the intrusion results in the successful access of unauthorized data. This includes unauthorized "port scanning" of TCIS's or another entity's systems.

  6. Unsolicited Commercial E-mail / Spam - Customer may not use the Service to transmit any Unsolicited Commercial E-mail (UCE) aka "Spam", regardless of number of messages sent or message content. UCE/Spam is defined as any commercial solicitation sent via E-mail by Customer to another party that did not expressly ask to receive it ("opt-in"). Customers that have purchased "opt-in" lists of E-mail addresses are required to contact TCIS before Customer sends E-mail to the lists.

  7. Internet Servers - Internet Servers are defined as any software or hardware designed to serve content to others on the Internet, usually (but not always) requiring the use of a fixed, or "static" IP address. This includes Web, E-mail, DNS, News, and Gaming Server software.

    1. Residential Customers - Residential Customers may run Internet Servers as long as they are utilized for personal use only and are not used to run, support, or otherwise promote business products or services. TCIS, at its sole discretion, will determine what constitutes personal vs. business use.

    2. Business Customers - Business Customers may run Internet Servers as long as the account type chosen allows for this service.

  8. Reselling - Customer may not use the Service to provide Internet access or transit services to third parties for resale or otherwise unless appropriate Reseller account is purchased and agreed to in writing by TCIS. This condition shall not prevent Customer from providing Web, Application or E-mail hosting services over Dedicated Access lines (i.e., Dedicated Dial-Up, ISDN, DSL, T1) or via Customer Collocation or Dedicated Server that is located in the TCIS Data Center.

  9. Usenet/Message Board/Chat Room Use - Customer may not use the Service to post material to a Newsgroup, Message Board, or Chat Room that violates the charter, or rules, of the Newsgroup, Message Board, or Chat Room. Multiposting and cross posting to more than 10 Newsgroups is prohibited.

  10. Malicious Activity - Customer may not use the Service for any activity that adversely affects the ability of others to use the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

  11. Security - It is the Customer's responsibility to ensure that their network devices or computers are configured in a secure manner. Customer may not, through action or inaction, allow others to use their computers or network devices for illegal or inappropriate activity. Necessary steps to prevent this activity includes securing proxy servers to prevent "bounce" attacks, changing the "default" passwords on all Internet-accessible network devices such as DSL routers, and staying current with all appropriate software patches, firmware upgrades, etc necessary to operate on the Internet securely.
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