IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS AGREEMENTS, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES.
Ranch Wireless, Inc. (the Company) has established this Acceptable Use Policy (AUP) to advise the users of its network and services of the acceptable and prohibited uses of its network and services. The Company’s network and services must be used only for lawful purposes and for purposes consistent with this AUP, which is a non-exclusive list of the actions prohibited by the Company .
1. Users are prohibited from violating any system or network security measure, including, but not limited to engaging in:
Unauthorized access or use of the Company’s or a third party’s network, data, or information; including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security measures without express authorization of the owner of the secured network;
Unauthorized monitoring of the Company’s or third party’s data, systems or network traffic;
Forging of any header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which such user is not otherwise entitled.
2. Users are prohibited from interfering with a third party’s use of the Company’s network or service, including without limitation, mail bombing, flooding and deliberate attempts to overload a system.
3. Users are prohibited from sending unsolicited e-mail messages (“spamming”), including, but not limited to:
Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list;
Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints;
Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment;
Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised;
Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider.
4. Users who send bulk e-mail to “opt-in” list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Company’s receipt of complaints from Internet users related to e-mails received due to users use of “opt in” list shall be a violation of this AUP.
5. Users are prohibited from creating, storing or disseminating any material (i) in violation of applicable law or regulation, (ii) protected by trademark, trade secret, copyright or other intellectual property rights without proper authorization, (iii) that is libelous, slanderous, defamatory, abusive, an invasion of privacy or otherwise illegal, (iv) containing fraudulent offers for goods or services or any promotional materials containing false, deceptive or misleading statements, claims or representations.
6. Users are prohibited from falsifying user information provided to the Company or to other users in connection with use of a Company service.
7. Users are prohibited from engaging in any of the foregoing activities: (i) by using the service of another provider, but channeling such activities through a Company account, remailer, or otherwise through a Company service, (ii) using a Company account as a mail drop for responses, (iii) otherwise using the services of another provider for the purpose of facilitating the forgoing activities if such use of another party’s service could reasonably be expected to adversely affect a Company service.
8. The Company considers the above practices to constitute abuse of its service. Engaging in one or more of these practices may result in immediate termination of a user’s access to the Company’s services. A violation of this AUP by someone having only indirect access to the Company network through a customer, or other user, will be considered a violation by the customer, or other user, whether or not with the knowledge or consent of the customer or other user. The Company receives complaints directly from Internet users, through Internet organizations and through other parties.
9. The Company shall not be required to determine the validity of complaints received before taking action under this AUP. The Company reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are “unsolicited.” A complaint from the recipient, whether received directly or through an anti-spamming organization, shall be presumed to be evidence that the message was unsolicited. The Company has no obligation to forward the complaint to the user or to identify the complaining parties.
10. The user is responsible for the use of all services utilized via its connection to the Company network, including any support services provided via its connection to the Company network. Support services include hosting Web sites, electronic mailboxes, telephony gateways, IRC servers, advertising, transmitting, or otherwise making available any software, program, product or service. Providing support services that enable violation of this AUP or the AUP of any other Internet services provider is a violation of this AUP. Conduct that directly or indirectly encourages, permits or relies on activities in violation of this AUP, is also a violation of the AUP. Examples include failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spamming support services such as e-mail drop boxes, sales of Spam ware, list washing, and the hosting of “spam-vertised” Web sites.
11. Nothing contained in this policy shall be construed to limit the Company’s actions or remedies in any way with respect to any of the foregoing activities, and the Company reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Company service, and levying cancellation charges to cover the Company’s costs. The Company will investigate violations of policy and will cooperate with law enforcement officials for suspected criminal violations. In addition, the Company reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
12. News or similar servers, PTP file sharing servers, video servers, etc. are not allowed on the Network. This is a shared network meant to operate for the benefit of the majority of the users and provide service into areas that were formerly unserved. It is designed and priced for the attended operation of the customers. Please do not abuse the system. Those that do abuse the system are subject to immediate termination of service. This includes viruses, worms, scans and attempted hacking of the network. Dedicated connections are available for a substantially higher monthly cost and we would expect only a large business would consider or need that option. Usage that well exceeds normal users amounts at a given pricing level, will be billed at a higher rate based on the volume of data moved that month. The average account use right now is 5.8 gigs per month, therefor few people will ever reach the normal limit.
Additional usage on grandfathered plans (service start prior to 3/1/2011) will be billed an additional charge based on the pricing schedule:
$1 per GB over the plan limit.
Additional Usage on Residential service plans will be billed an additional charge based on the pricing schedule shown on the Residential plan web page.
Additional Usage is calculated on the 25th day of the Month and cover from the previous 25th of the month. Accounts are being moved to the new billing server with online portal.
Business plans without data limits are available for an increased cost. Some are listed near the bottom of the Business plan web page. Call for details and availability.
13. The Company’s services are available to residents of the United States over the age of 18 that are located in our coverage area. Ranch Wireless services may not be resold or redistributed to any other subscriber or non-subscriber without written consent from the Company. The Company reserves the right to discontinue service at any time without prior notification. This applies only to those services specifically provided by the Company. Services provided by a partner vendor are subject to the terms and conditions as specified by the vendor. The Company will not mediate disputes between subscribers and vendors for any services not specifically provided by the Company. The Company provided service is one in which the customer is billed directly by the Company. No other parties, aside from the Company and it partner vendors will be involved in the billing process. Collection agencies may become involved if an account becomes past due. The Company reserves the right to either hand over collections for the Company’s provided services to an authorized collection agency or deactivate your account.
14. The Company is not responsible for any additional service outages that may result from the deactivation of a Company provided service. The Company may not be held liable for any damages incurred by the lapse of service whether due to non-payment, discretionary termination, technical failure, or other act of God or man. We will make every effort to restore connection as soon as possible and we apologize for any inconveniences that may occur as a result of such outages. This is a best effort service and is present as such and provided on the basis of a month or part thereof being consider to be a month of service on the network. The Company has no responsibility for outages or damages incurred by the deactivation or unavailability of any of the services provided by our partner vendors. Refer to the partner vendor’s terms of service for further details.
15. The Company only provides end user support for Ranch Wireless Provided Services as previously defined in this agreement. All services provided by a partner vendor will be supported by that vendor. The Company may elect to intercede on behalf of a subscriber of a Company provided service if we feel that we may assist the subscriber and the vendor in problem resolution. This is not, however, a service agreement that the Company will intercede in every support issue that may occur.
16. The Company may send email messages to our subscribers to notify them of special offers, planned or unplanned maintenance, outages, and for general informational purposes. The Company may share general consumer data with our partner vendors and their affiliates to help serve you with better. This data will not include any personal details such as credit card numbers, bank account numbers, or Social Security Numbers.
17. Payments for the Company provided services must be made by check, bank transfer or cash. In the event that the payment source becomes unavailable due to expiration, cancellation, or non-sufficient funds or credit, the Company may temporarily deactivate your services while the funding problems are being resolved and a $25 reconnection fee will apply. Unpaid balances may be turned over to a collection agency. Customer invoices are provided on a monthly basis. Taxes due are calculated based on the total monthly usage. The number and amount of taxes charged vary by the state from which the service originates. Invoices are due on the first day of the month and are considered late after the 10th of the month. A late fee or $15 will be added to all accounts not paid in full by the 10th of the month. If you have any questions, please direct them to email@example.com.
The Company reserves the right to modify this policy at anytime, effective upon posting of a modified policy on the Ranch Wireless web site at: ranchwireless.com