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A downloadable PDF version of this document is also available here Acceptable Use Policy The Acceptable Use Policy is intended to set forth the terms and conditions of use of service and help protect AMI customers and the Internet community from abusive use of the Internet. A customer's use of AMI service constitutes acceptance of this Acceptable Use Policy. AMI reserves the right to revise and update this Acceptable Use Policy from time to time, so you should periodically review the policy to see if it has been changed. Questions regarding acceptable use of AMI should be sent to hostmaster@ami.net Unauthorized use of AMI services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use, or possession in one's account of programs in order to interfere with AMI's system, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; running background processes; placing pictures of nudity in AMI WWW directories; or, placing files containing commercial software in file areas accessible by the public. A violation of the Acceptable Use Policy may result in a termination of your privileges. Any refund of prepaid fees will be subject to offset administrative charges incurred by AMI Communications, Inc. Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the discretion of AMI. AMI may take any one or more the following actions in response to violations of this Acceptable Use Policy:
Technical Support Policies AMI offers free technical support to assist customers with the setup and configuration of AMI Internet accounts. AMI phone-based technical support is to be used when a customer requires assistance with problems involving the process of establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. AMI phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g.Windows, MacOS, or Unix). Customers may also receive E-mail based technical support from hostmaster@ami.net. E-mail messages are answered based on priority and most messages will be responded to by the next business day after receipt. AMI does not offer technical support by means other than telephone or E-mail. Support is not available by visiting our administrative offices, nor do technicians make personal visits to customer's premises. AMI does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our customers connection to the Internet. AMI Technical Support is unable to provide support for "alpha", "beta" or pre-release software. AMI Technical Support is only able to provide technical support for products or services sold directly by AMI. AMI is not responsible for the performance of services provided by organizations outside of AMI: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by AMI, the operation or reliability of any Internet server or computer not owned or operated by AMI. NETWORK MONITORING/ AVAILABILITY AMI is committed to maintain network availability of 99.5%. The included components are all components of the AMI network including hardware. Excluded components include local telephone circuits ordered for Customer, Customer equipment, networks of others over which the traffic must travel and any failure that cannot be corrected due to causes beyond the reasonable control of AMI. Network downtime will be measured from the time the network trouble is reported to AMI until the network becomes available again. If the actual Network availability falls below the committed availability of 99.5% then the customer is entitled to a credit of one day of service for each two (2) hour period of service disruption, up to a maximum of thirty (30) days. The calculation of network availability for a given month is as follows: (720 - network outage time in hours)/720 = Network Availability Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption in service. Routine maintenance shall be scheduled by AMI for normal upgrades of hardware and software in a reasonable timeframe with adequate warning to affected customers. Routine maintenance will not be counted as Network Availability. Adequate warning is two days advance notice by voice or E-mail to AMI customers. Every effort will be made to perform this maintenance during off peak hours, which are defined as between 6PM and 8AM CST. Customer may NOT transfer or sublease any portion of its Connection to any individual or entity not an integral part of Customer's organization. AMI reserves the right to monitor Customer's activity to measure bandwidth utilization and circuit availability and adherence to the Acceptable Use Policy. Customer shall indemnify AMI, its affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, reasonable attorney fees arising from Customer's breach of any provision of this Agreement. This Agreement is deemed to be entered into in the State of Illinois. The parties agree that any dispute arising under this Agreement shall have as its venue Kane County, Illinois and any such dispute shall be governed by and construed in accordance with the laws of the State of Illinois. AMI may assign this Agreement without Customer's consent and all of AMI's rights, title and interest herein shall inure to the benefit of such assignee, its successors and assigns. This Agreement shall not be assignable by Customer without the written consent of AMI. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto and there respective successors and assigns. DISCLAIMER The AMI service provided is provided on an AS IS, AS AVAILABLE, BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMI EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE AMI SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AMI, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive the termination of this agreement for whatever reason. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AMI, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENITAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE AMI SERVICE, including but not limited to reliance on any information obtained on the AMI service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to AMI records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT AMI IS GIVEN NOTICE OF THE POSSIBLITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AMI OR ITS AFFILIATES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. AMI RESERVES THE RIGHT TO MODIFY THIS POLICY AT ANY TIME AND WITHOUT ADVANCE NOTICE. |
