 | Heart Of Tennessee Network, LLC
Policy | |
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Heart Of Tennessee Network, LLC may be referred to as:
HOT or One HOT ISP or Heart Of Tennessee Network, Heart Of Tennessee
Internet, Heart Of Tennessee, HOT COM, heartoftn.net, Heart Of Tennessee
Computer Communications, hotcc.com, Heart Of Tennessee Bulletin Board
Service, HOT BBS, hotbbs.net, 1hotisp.net, 1hotisp.com, onehotisp.net,
onehotisp.com
and HOT SAT. All the above names and domains assigned to Heart Of
Tennessee network, LLC. Where all references below will be referred to as
H.O.T. H.O.T. Network
subscribers are required to conform to the terms and conditions specified
below when using H.O.T. Network directly, or when accessing any other
computer system via H.O.T. Failure to comply may result in termination of
your account(s). No refunds will be given. If you do not agree with these
terms, conditions and policies please send mail to or fax us at (615)
890-7084 or call us at (615) 895-7737. Usage of the account implies that
you agree with these terms and conditions.
Reasonable Use
Policy:
Unlimited Access is defined as a user has the access to log on to the
network without limitations to the number of times the network is accessed
or time of day. This does not imply that users have the right to log-on
and stay on-line. Connections that are determined to be idle for more than
20 minutes will be disconnected. Automated resources that are used to
prevent these terminations are prohibited. Automated resources include,
but not limited to, pinging the network, repetitive e-mail checks, instant
dial up on loss of connection or programs that are designed to maintain
active connections. Please be considerate to others as we try to maintain
a ratio of callers to lines to insure you do not get a busy signal. Our
flat rate per month allows anyone to use the system interactively for an
average of just over 6.5 hours a day, 30 days a month or over 12,000
minutes (200 hours) in a 30 day period. This is what H.O.T. Network
defines as "unlimited" usage. Any usage over 200 hours in a 30 day period,
is considered "dedicated". All server
operation is considered to be a full time account and will be billed
accordingly unless prior arrangements are made. Our unlimited access
policy assumes account holders to be individual users. Because it is
physically impossible for a single person to actively use an account
beyond a certain limit, it is our assumption that accounts which
accumulate more than 200 hours of usage per month, repeatedly, must be in
use by more that 1 individual or be using some type of automated
keep-alive. In that case you may be asked to justify the additional usage
or convert to a full-time account. This applies to accounts with sub-nets
as well. The additional charge for a sub-net is meant to compensate for
multiple users and the bandwidth that they use, not for additional connect
time. Usage beyond 200 hours a month, on a regular basis, is grounds to
assume that the intent of our agreement is being compromised. Time used
over your allowed hours, will cost 0.60 cents for each additional hour or
$.01 per minute.
HOT SAT (Heart Of Tennessee
Satellite
Services) has deployed certain technologies into its Network Operating
Center
that track the utilization of the satellite bandwidth of each
Subscriber(s).
These technologies are designed to ensure equal Internet access for all
Subscriber(s).
There is a different HOT SAT unlimited usage plan type of Subscriber(s)
(i.e.
residential, small office, corporate, etc.). It is designed to provide
the
"reasonable" Subscriber(s) with download at speeds up to 400
kbps or 800 kbps.
Therefore, HOT SAT’s RUP establishes an equitable balance in Internet
access
for Subscriber(s) regardless of the Subscriber(s) frequency of use or
volume
of traffic.HOT SAT’s technologies have the ability to identify, in
real-time,
excessive
consumption of bandwidth on a per Subscriber(s) basis and correct it by
temporarily reducing the throughput of the specific Subscriber(s) that
is
excessively consuming bandwidth on the network. Once a Subscriber(s) is
identified as excessively using bandwidth, its individual throughput
speed
will begin to be reduced downward to a preset minimum. Once the
Subscriber(s)
reduces its throughput and the HOT SAT technologies observe the
Subscriber(s)
usage of the satellite bandwidth returning to RUP levels, the throughput
limitations are progressively lifted over a period of time. This period
of
time is dependent on the total size and time period of the initial
consumption
that caused the reduction.
HOT SAT’s RUP has been designed to give Subscriber(s) an above
average
surfing experience that far exceeds the typical Subscriber(s) needs.
Additionally, the RUP ensures that the Subscriber(s) all experience fair
and
equal access to the benefits of a satellite delivered broadband Internet
access service. The RUP prevents the network from being congested by a
handful
of Subscriber(s) activities. However, Subscriber(s)s that continually
download
large files, such as complete operating systems (e.g. Linux), will
experience
throughput limitations on a pro-rata basis over time until their average
utilization returns to the levels expected from an individual
residential
user. The HOT SAT RUP will still allow for consumers of large amounts of
bandwidth to complete the download of their data. However, this type of
Subscriber(s) will experience throughput speed reductions until such
time that
their usage conforms to average usage patterns of other Subscriber(s)
within
their same HOT SAT SatXpress Services plan.
HOT SAT reserves the right to adjust download limitations as required
to
assure all users equal access to the provided high-speed download
service and
to making changes to the RUP as HOT SAT deems commercially necessary.
The
current RUP is based on cumulative usage over the previous thirty
(30)-day
period. Usage tracking is currently based on the previous thirty (30)
days
cumulative total volume. The dynamic adjustment chart is as follows:
E-mail and Newsgroups:
Any abuse of subscribed
accounts will result in suspension of services. Abusive practices would
include (but not limited to): spamming e-mail bombing unsolicited
commercial/non-commercial advertisements and announcements H.O.T. Network
will attempt to place filters on the mail server to block known spammers.
Mailing lists which use H.O.T. Network's computing or network resources to
send e-mail are governed by the following: To protect Internet users from
receiving unsolicited e-mail, the list owner must secure consent from any
persons or groups to include their addresses in a mailing list. The list
owner must remove addressees from the mailing list when they request to be
removed. The list owner is responsible for keeping the addresses in the
mailing list current. The list owner is responsible for informing users
and potential users of the purpose of the mailing list and of rules
governing use of the mailing list, and may remove from the mailing list
addresses of users who do not comply. The mailing list may not be used to
advertise or solicit commercial activities or services. Misuse of a
mailing list may result in the suspension or termination of the User's
account. Posting of more than 1MB of data to a single Newsgroups is
prohibited. Postings such as chain letters, blanket postings, or anything
that H.O.T. Network feels to be provocative in nature, with regards to
subject matter and content, are prohibited. No e-mail account shall
contain more than 10MB of data for an extended period of time without the
user retrieving that data from the Mail Server. If the data goes
un-retrieved for more than 30 days without prior notification, the user
account will be subject to removal. Cross-posting in Newsgroups is
discouraged and may result in restricted access. H.O.T. Network may change
news servers and news group access at any time.Conduct
Policy:
Conduct that may violate local or state laws, statutes,
or
any accepted ethical standards is prohibited and full cooperation with the
proper authorities can be expected. The following are examples of
unacceptable conduct and warrant immediate termination of services (but
not limited to): A H.O.T. Network Login account entitles the account
holder to Login on only one modem or TCP/IP session at a time. Multiple
Login are not allowed. Subscriber is expected to maintain user id and
password information in the strictest confidence and may not allow others
to use the same accounts. Any misuse of H.O.T. Network resources that
disrupts the normal use of the system is strictly prohibited. Such system
abuse may lead to termination of the account. Examples of system abuse
include but are not limited to spawning many processes which consume
resources, consuming excessive amounts of disk storage or main memory or
CPU for long periods of time, etc. If your H.O.T. Network account is
suspended, we reserve the right to delete any and all files (including
E-Mail ) if the account is in violation of H.O.T. Network disk quota
policies. Disk quotas are as follows: 10 MB For Personal accounts and 20
MB for Business accounts. The following violations of "netiquette" are
grounds for immediate suspension of service pending investigation by
H.O.T. Network and will result in termination of the account(s) the
investigation determines to have originated or transmitted these types of
traffic. Posting a single article or substantially similar articles to an
excessive number of news groups (i.e., more than 10) or continued posting
of articles which are off-topic (e.g., off-topic according to the news
group charter or the article provokes complaints from the regular readers
of the news group for being off-topic, also known as SPAMMING.) Also
sending unsolicited mass e-mailings (i.e., to more than 10 users) which
provoke complaints from recipients. Engaging in SPAMMING from a provider
other than H.O.T. Network and using an account on H.O.T. Network as a mail
drop for responses. Harassment of other individuals on the Internet after
being asked to stop by those individual and by H.O.T. Network.
Impersonating another user or otherwise falsifying one’s user name in
e-mail, Usenet postings, on IRC, or with any other Internet service. (This
does not preclude the use of nicknames in IRC or the use of anonymous
re-mailer services.) Users whose accounts are terminated for any
infractions are also responsible for the cost of labor to cleanup and
respond to complaints incurred by H.O.T. Network. Use of ‘IRC Bots’ is
prohibited. Compilation and/or use of compiled code other than what is
provided by H.O.T. Network is prohibited. This does not apply to H.O.T.
Network accounts compiling/and or using code on dedicated Web server
machines. News groups in the H.O.T. Network structure are meant for
discussions by H.O.T. Network subscribers only, and advertising of goods
and services offered by other service providers is strictly prohibited.
H.O.T. Network reserves the right to delete inappropriate articles from
these groups. Any attempts to penetrate H.O.T. Network security or to
access another persons account of files will result in the termination of
the account holder’s account without notice.
Liabilities & Warranties:
H.O.T. Network cannot accept any liability from actions
arising from the use of these services. This service is provided solely
for entertainment purposes and should not in any way be manipulated. We
will reserve all rights. By accepting an account with H.O.T. Network, the
customer agrees to the provisions set forth and relinquishes any and all
liabilities against this company.
Heart Of Tennessee Network exercises no control whatsoever
over the content of the information passing though it.
Period. Heart Of Tennessee Network does
not provide any assurance that data stored on H.O.T. Network computer
systems will be maintained. Files may be deleted at any time. In the event
of a system failure that results in files being lost, H.O.T. Network may
choose not to restore these files. The subscriber understands this and
agrees to take precautions to back up information on some other computer
system, or in some other manner. H.O.T. Network makes available utilities
for moving data from /to our computer system. Subscriber is solely
responsible for determining the accuracy of any files transferred using
these utilities. H.O.T. Network is NOT responsible for your data. H.O.T.
Network makes no warranties of any kind, either express or implied,
regarding the quality, accuracy, or validity of the data and/or
information residing on computer systems accessed through H.O.T. Network.
H.O.T. Network makes no representations regarding system availability.
H.O.T. Network reserves the right to discontinue service periodically for
maintenance, particularly during non-peak periods such as nights and
weekends. Subscribers should plan accordingly. H.O.T. Network will attempt
to provide 24 hour a day 7 day per week service, but we cannot guarantee
any specific level of service. H.O.T. Network will NOT be held responsible
for consequential damages resulting from use or non-use of H.O.T. Network.
Services provided by H.O.T. Network are used by subscriber at subscribers
sole risk, and we do not guarantee any specific level of service. Account
holder agrees to use H.O.T. Network only for lawful purposes. Transmission
of any material in violation of any U.S. or state statute or regulation is
prohibited. This includes but is not limited to copyrighted material,
material legally judged to be threatening or obscene, or unauthorized
transmission of material protected by a trade secret. Subscriber agrees to
indemnify and hold harmless H.O.T. Network from any claims resulting from
subscriber’s use of the service which causes direct or indirect damage to
the subscriber’s use of the services provided by H.O.T. Network. Account
holder agrees to indemnify and hold harmless H.O.T. Network from any and
all lawsuits, judgments, decrees, costs and expenses, any attorney fees
arising from the subscriber’s use of the services provided by H.O.T.
Network. Subscriber will be billed in advance for all services, either by
credit card or directly. Payments are due as soon as services are made
available. If H.O.T. Network does not receive payment for services on the
expiration date, H.O.T. Network reserves the right to suspend or revoke
access to H.O.T. Network services. H.O.T. Network will attempt to keep
E-mail and Web page data up to 10 days after the expiration date before
removal. Subscriber understands that H.O.T. Network receives all USENET
discussion groups and that some of the discussion groups contain language
and subjects that are appropriate only for adult audiences. If the
subscriber is less than 18 years of age, the account setup request form
must be signed by a legal guardian.Canceling Your H.O.T. Network
Account:
H.O.T. Network customers who want to cancel service
MUST
give 30 days notice on cancellation of services. Written notice of
cancellation is also required (e-mail, fax or letter). All data, links and
E-mail will be removed from our servers at this time. These Terms and
Conditions supersede all previous agreements and represent the only set of
conditions relating to usage of H.O.T. Network services by subscriber.
H.O.T. Network reserves the right to modify the terms and conditions as
necessary. Subscribers will be notified by e-mail of any changes in usage
policies. H.O.T. Network services are supplied to paid subscribers only.
H.O.T. Network reserves the right to terminate services to non-paid
subscribers at any time. Important Note: H.O.T. Network or Heart Of
Tennessee Network may revise this Policy from time to time without notice
by posting a new version of this document on the www.heartoftn.net/hot-policy.html
or www.1hotisp.net/hot-policy.html
web page. Policy updated:
4/1/2004
Heart Of Tennessee Network,
LLC 3235 Windsor Green Drive Murfreesboro TN 37129
Phone: (615) 895-7737 Fax: (615) 890-8784
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