HTT-T INTERNET SERVICE AGREEMENT – TERMS AND CONDITIONS
1. Introduction.
1.1. Terms of Service. This Agreement governs the terms and conditions under which HTT TELECOM S.A. ("HTT-T"), with the assistance of certain vendors ("Vendors"), provides you, its customer ("you"), Internet access service (referred to in this Agreement as "HTT-T Internet Service"). By using HTT-T Internet Service, you acknowledge and agree to the terms and conditions of this Agreement ("Terms"). This Agreement should be read in conjunction with our Acceptable Use Policy. Every time you use HTT-T Internet Service, you are agreeing to HTT-T's Terms.
2. Changes in Terms. HTT-T may change the Terms of Use. Your use of HTT-T Internet Service after the effective date of any change in the Terms shall constitute your acceptance of and agreement to such change.
3. Charges, Billing, and Payment.
3.1. Billing. HTT-T will bill you monthly. The fixed monthly rate is payable in advance on or before the first day of HTT-T's monthly billing cycle.
3.2. Payment. You shall pay all payments upfront, unless different payment schemes are arranged separately with HTT-T
3.3. Late Payment; Non-Payment. If HTT-T does not receive the full amount you owe for HTT-T Internet Service and related fees HTT-T shall have the right to terminate your HTT-T Internet Service.
3.7. Charges Not Included.
3.7.1. Customer Charges. You may incur charges while using the Internet, for example, for using on-line information services and shopping on-line. You are solely responsible for those charges.
4. Attended Use Required. Although HTT-T provides 24-hour access to the Internet, you shall not allow your computer to remain connected to the Internet unless someone is attending the computer and actively using HTT-T Internet Service. Unattended, inactive connections to the Internet cause network congestion and may cause delays for others; accordingly, HTT-T reserves the right to disconnect your computer from the Internet if it detects a prolonged period of inactivity.
5. Content. As used in this Agreement, "Content" means the information, software, graphics, photographs, video, speech, sounds, music, and other material and services communicated through HTT-T Internet Service.
5.1. No Liability. HTT-T makes no warranties or promises as to, and you must bear the risk of relying on, the accuracy or usefulness of any Content. As a matter of policy, HTT-T does not screen or filter any Content and has no obligation to monitor Content.
5.2. Third Party Conditions of Use. Content is provided by persons and entities not under the control of HTT-T, and such other Internet service providers have their own terms and conditions of use. Violation of any of those terms of use may subject you to termination of HTT-T Internet Service.
5.3. Content Rights. HTT-T and its Vendors reserve the right (but shall have no obligation) to monitor Content and to remove Content that HTT-T or any of the Vendors deems in violation of this Agreement. HTT-T and its Vendors reserve the right to disclose any Content and to identify the responsible customer as may be required by law, or to operate HTT-T Internet Service properly, or to protect itself or its other subscribers.
5.4. Parental Guidance. Content may include material inappropriate for minors; HTT-T recommends that you guide your minors' use of the HTT-T Internet Service directly and/or consider using commercially-available tools that enable you to restrict access to certain Internet areas that may be inappropriate for minors, at your sole cost and risk.
6. Appropriate and Acceptable Use. HTT-T reserves the right to terminate your HTT-T Internet Service immediately without notice if, in HTT-T's sole discretion, you do not use HTT-T Internet Service in an appropriate and lawful manner. Please review our Acceptable Use Policy for details.
7. Security. Because the Internet is a resource shared among many users, there is a risk that you could be subject to a variety of security breaches, including but not limited to denial of service attacks, and receipt of corrupted files or viruses. Any information sent by you over HTT-T Internet Service is sent at your sole risk, and HTT-T shall have no liability for any claims, losses, damages, suits, or proceedings arising out of or related to such actions.
8. Limited Warranty. HTT-T shall use commercially reasonable efforts to provide you high quality Internet access, but does not guarantee that you will be able to access the Internet at a particular speed, time, or location or that HTT-T will have adequate capacity for the Internet Service as a whole or for particular purposes. Interruptions in HTT-T Internet Service may occur due to scheduled maintenance or failure, as well as acts of God. HTT-T does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form. All representations and warranties are hereby excluded.
9. Transactions. HTT-T does not warrant or guarantee any product or service offered through HTT-T Internet Service and shall not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
10. Limitation of Liability.
10.1. Service. HTT-T shall not be liable to you or anyone else for any loss of anticipated profits or other loss or damage arising out of interruptions or errors in installation or provision, repair, or restoration, of HTT-T Internet Service, however caused, or for damage to, loss of, or destruction of, any software, files, or data (collectively, a "Loss"). HTT-T shall not be liable for any Loss due to causes beyond its control.
10.2. Software. HTT-T shall not be liable to you or anyone else for any damages, including w anticipated profits or other economic loss, injuries or damage, for any faulty software that may be provided by HTT-T. HTT-T's entire liability to you for defects in software provided by HTT-T, shall be limited to replacement of the software.
10.3. Intellectual Property Rights. HTT-T shall not be liable to you or anyone else for any losses, damages or expenses, out of any claim, suit, or other proceeding based upon a claim that your use of HTT-T's Internet Service infringes the copyright, trade secret, privacy or other, proprietary rights, or contractual rights of any third party.
11. Indemnification. You agree that upon request by HTT-T you will indemnify, and hold harmless HTT-T, its officers, directors, agents, employees, and Vendors, from all claims, liabilities, and expenses, that arise from your breach of this Agreement,
12. Termination.
12.1. Your Voluntary Termination
12.1.1. Notice Required. In order to terminate your HTT-T Internet Service, you must give written notice to HTT-T either by email or regular mail.
12.1.2. Involuntary Termination for Misuse or Nonpayment. In the event HTT-T exercises its right to terminate HTT-T Internet Service to you in accordance with the provisions of this Agreement, it may terminate HTT-T Internet Service with immediate effect without prior notice, and HTT-T shall not be obligated to refund any prepaid amounts.
12.1.3. Payment Upon Termination. Upon termination of HTT-T Internet Service for any reason, all charges incurred for HTT-T Internet Service, together with interest owed for late payments, if any, shall become immediately due and payable, and the provisions of Section 3(e) shall apply as to any amounts not immediately paid and as to costs incurred in collecting such amounts.
13. Entire Agreement. This Agreement contains and refers to the entire agreement of the parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force.
14. Headings. The headings in this Agreement are for convenience of reference only and shall not be given any effect in the interpretation of this Agreement.
15. Severability. If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect.
16. Equipment.
16.1. Minimum System Requirements. In order to run HTT-T Internet Service, your computer may need to meet minimum specifications. Successful installation may require that you have your original copy of your operating system software on CD-Rom, diskette, or other medium. You represent and warrant that you meet these requirements.
16.2. Modem. You must connect a modem or similar type of equipment to your computer in order to use the HTT-T Internet Service.
16.3. Equipment Compatibility. You shall be solely responsible for the installation, maintenance, use, and compatibility (with HTT-T Internet Service) of your computer system and related equipment or software not provided by HTT-T.
16.4. Equipment Furnished by HTT-T; Limited Warranty. HTT-T shall not be responsible for the ongoing operation of the modems or other equipment furnished by HTT-T, and HTT-T shall have no obligation to maintain such equipment, nor any obligation to secure maintenance services on your behalf. All equipment purchased from HTT-T is subject to the terms and conditions set forth in the manufacturer's warranty or end-user license packaged with such equipment.
17. HTT-T Service Availability.
17.1. Geographic Availability. You acknowledge that HTT-T Internet Service may not be available in your geographical area, even though the preliminary coverage check conducted when you placed your order indicated that the service is available in your geographical area.
17.2. Circuit Speed. All speeds referenced, verbally or written, are based on async rate and are “best effort”, and may vary and are not guaranteed.
18. Limited Warranty.
18.1. The transmission speeds you experience using HTT-T Internet Service may vary from the transmission speeds that you might expect, due to operational characteristics of the facilities used for the HTT-T Internet Service. Speed also depends on the bottlenecks experienced upon the Internet architecture. For these reasons, HTT-T does not guarantee that you will experience any particular performance level (throughput speed). HTT-T shall make every commercially reasonable effort to deliver to you the highest possible quality of service.
18.2. This limited warranty does not apply (i) to issues involving your computer or software; (ii) if your equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident, or abuse, or damaged by any other external cause; or (iii) any person other than HTT-T or its contractor has installed the HTT-T Internet Service and related equipment.
19. Installation By HTT-T.
19.1. Back-Up Requirements. The installation, use, inspection, maintenance, repair, and removal of the modem may result in service outage or potential damage to your computer. You are solely responsible for backing-up all existing computer files by copying them to another storage medium prior to installation of the modem, and prior to any inspection, repair, or removal of the modem.
19.2. Access; File Modification. If you request HTT-T to install HTT-T Internet Service, you authorize HTT-T to enter your premises at a mutually agreed time, open your computer, install hardware and software, re-boot the system, test the service, and perform similar functions necessary for a successful installation.
19.3. Limitation of Liability. HTT-T and its employees, agents, and representatives shall have no liability whatsoever for any (i) damage of your software, files, or data arising out of installation by HTT-T; or (ii) damage to your computer or peripheral equipment caused by HTT-T in the course of installation other than the cost to repair or replace such hardware.
20. Installation By You or Others. HTT-T does warrant that installation by you or a third party chosen by you will enable you to successfully access or use HTT-T Internet service.
21. Appropriate Use. HTT-T reserves the right to terminate your HTT-T Internet Service immediately without notice if, in HTT-T's sole discretion, you do not use HTT-T Internet Service in an appropriate and lawful manner. You agree not to use or to allow others to use HTT-T Internet Service, directly or indirectly, to:
21.1. Violate any of the provisions of Section 6 of this Agreement; or
21.2. Disrupt, abuse, or cause degradation of service in the HTT-T’s backbone network nodes or network services or the network nodes of other HTT-T.net users; or
21.3. Resell the HTT-T Internet Service, or bandwidth, or use the service for operation of an Internet service provider business or for any other business enterprise in competition with HTT-T; or
21.4. Redistribute your residential HTT-T Internet Service to anyone not a member of your household or redistribute your business HTT-T Internet Service to anyone not working for your business as an employee or contractor.
21.5. Access any computer, software, data, or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of such person.
If you engage in any of these activities, HTT-T may immediately terminate your HTT-T internet Service. This Section 27 shall not in any way limit HTT-T’s rights of termination pursuant to Section 12 of this Agreement.
22. Security.
22.1. Firewall, Anti-virus Recommended. It is your responsibility to safeguard your computer system, through appropriate means. If you fail to secure your system properly and that causes any detriment to the network, HTT-T may immediately terminate your HTT-T Internet Service. HTT-T recommends that you purchase and install a commercial firewall package and anti-virus package. HTT-T shall have no liability losses or damages arising out of your failure to safeguard the security of your software and data.
22.2. FTP/HTTP Server Setup. Certain applications that you may use will permit other Internet users to gain access to your computer. These applications include, for example, your use of your computer as a server to allow others to download files using FTP. You are permitted to run such applications for your personal use and within the limitations of Sections 6 and 27 of this Agreement, provided that you take the appropriate security measures and you assume all risk of security breaches such as those described in Section 28.1 above. HTT-T shall have no liability whatsoever for any losses or damages arising out of your use of such applications.
23. Limitation of Liability for Equipment.
23.1. HTT-T shall not be liable for any direct, special, indirect, or consequential damages, including without limitation loss of anticipated profits or other economic loss, personal injuries, or property damage, for defective equipment provided by HTT-T.
23.2. Your sole remedy in the event of any defective equipment shall be to seek redress from the manufacturer in accordance with the terms and conditions set forth in such manufacturer's warranty or end-user license packaged with such equipment..
24. Internet Protocol Address. You shall have no ownership interest in any Internet Protocol address provided by HTT-T. HTT-T shall retain ownership of all such addresses and, upon termination of this Agreement, you shall no longer have access to or use of any such address.
HTT-T INTERNET SERVICE – ACCEPTABLE USE POLICY
1. INTRODUCTION.
1.1 This Acceptable Use Policy (“AUP”) is designed to help protect HTT-T, Subscribers, and the Internet community in general from irresponsible or, in some cases, illegal or otherwise objectionable activities.
1.2 Violation of any term of this AUP may result in the immediate suspension or termination of either your access to the Services or HTT-T account.
2. UPDATING THIS AGREEMENT. HTT-T may revise, amend, or modify this AUP from time to time. Notice of any revision, amendment, or modification will be posted on HTT-T's website, and/or on your start pages and/or by email and/or in mailings to your primary HTT-T email account and will be effective on the date noted in the posting.
3. VIOLATIONS OF HTT-T'S ACCEPTABLE USE POLICY. The following is a non-exclusive list of actions that HTT-T considers to be inappropriate and thus prohibited, and discussed in further detail following this Section.
3.1 Using the Services for any activity that violates national or international law, order or regulation.
3.2 Using the Services to transmit, distribute, store or access any material (by e-mail, publishing, uploading,) which is inappropriate, profane, obscene, indecent, pornographic, libelous, harassing, constitutes a threat or encourages bodily harm or destruction of property, or otherwise objectionable or unlawful.
3.3 Using the Services to transmit, store or access any material that infringes copyright, trademark, patent, trade secret, or other proprietary rights of any third party.
3.4 Using the Services to make fraudulent offers to buy or sell products or services, or to advance any type of financial/soliciting scams like “pyramid schemes,” “mail bombing,” and “chain letters.”
3.5 Using the Services to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful.
3.6 Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
3.7 Disrupting or interfering with the Services in any way, including through the uploading of files which contain viruses, worms, “Trojan horses,” or other software or programs that may be damaging to the Services or another user’s computer.
3.8 Using the Services to transmit, or to facilitate the transmission of, any unsolicited commercial e-mail or unsolicited bulk e-mail.
3.9 Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HTT-T’s or another entity’s computer software or hardware or IT system.
3.10 Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
3.11 Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet.
3.12 Using the Services for excessive posting or cross-posting of the same or substantially similar messages, or binary files to newsgroups not specifically named for that purpose, or flooding or disruption of Usenet newsgroups.
3.13 Using the Services to post any content that holds HTT-T (including its affiliates), employees or shareholders up to public scorn or ridicule or would any way damage or impair HTT-T's reputation or goodwill.
4. SECURITY.
4.1 The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person.
4.2 You may not attempt to disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host.
5. INAPPROPRIATE CONTENT.
5.1 There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals. For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. HTT-T cannot assume any responsibility for the content contained on the Internet or otherwise available through the Services.
5.2 You are solely responsible for any information that is transmitted from your IP address or your account on the web, other Internet services, or that you publish on the web or other Internet services. You must ensure that the content is only made available to appropriate recipients. HTT-T may remove, or refuse to post, any information or materials, in whole or in part, that HTT-T, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate.
6. ELECTRONIC MAIL
6.1 The Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages.
6.2 You may not reference HTT-T in any unsolicited email even if that email is not sent through the Services.
6.3 "Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account.
6.4 HTT-T is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at HTT-T's sole discretion.
7. INTERNET RELAY CHAT.
7.1 The Services may be used to participate in "chat" discussions. These discussions may be hosted by HTT-T servers, by third party servers, or may not involve any servers at all. In all cases, HTT-T does not normally monitor the contents of the discussions and is not liable for the contents of any communications made via Internet chat.
7.2 The Services may not be used to perform chat "flooding." Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.
7.3 The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware, and user display.
7.5 A Subscriber may not use the Services to connect to chat servers or channels from which they have been previously banned or indicated non-receipt.
7.6 The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages.
8. BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS.
8.1 You must comply with then-current bandwidth, data storage and other limitations on the Services. Subscribers must ensure that their activity does not improperly restrict, inhibit, or degrade any other Subscriber's use of the Services, nor represent (in the sole judgment of HTT-T) an unusually large burden on the network itself. In addition, Subscribers must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede HTT-T's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
9. SUSPENSION; TERMINATION.
9.1 HTT-T takes no responsibility for any material created or accessible through the Services. HTT-T is not obligated to monitor or exercise editorial control over such material for violation of this AUP, but reserves the right to do so. In the event that HTT-T becomes aware that any such material may violate this AUP or expose HTT-T to civil or criminal liability, HTT-T reserves the right to block access to such material and suspend or terminate any Subscriber creating, storing or disseminating such material.
9.2 Any Subscriber that HTT-T determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if HTT-T deems it necessary, immediate suspension or termination of such Subscriber's service without notice.
10. HEADINGS. The headings in this Agreement are for convenience of reference only and shall not be given any effect in the interpretation of this AUP.
11. SEVERABILITY. If any provision of this AUP is held by a court or regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the rest of the AUP shall remain in full force and effect.
