Terms and Conditions

Terms of Service
This agreement is by and between tycom.net, LLC duly authorized and existing under the
laws of the State of Mississippi with its main office at
205 Creekmore Drive, Bruce,
Mississippi, and you, the customer, for the provision by tycom.net or its subcontractors
of certain electronic communications services. All new and current users are required to
read the following paragraphs. If you are unwilling to abide by the terms of this
agreement, then you must stop using this service. By using this system, you are showing
your acknowledgement that you have read and agreed to the terms and conditions described
in this bulletin. This is a private system of tycom.net. You are only allowed access to
this service if you understand and agree to the conditions of access, which are listed
below.
Electronic mail:
E-mail may be exchanged with users on the Internet and other networks accessible through
the Internet.
Internet access:
Many sites on the public Internet make their resources available to everyone. Tycom.net
provides a means for you to access such systems. You may also access private
internetworking systems, providing that you have been granted explicit permission, to do
so by that system's administrator.
Activation of service from tycom.net
This constitutes
acceptance of these terms of service of use, which shall supersede all previous
representations, understandings or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order. Tycom.net reserves the right to modify
these Terms of Service and change pricing or services at any time without notice. The laws
of the state of Mississippi govern all contracts.
Security
You may not use our system for anything that you know is illegal or suspect to be illegal.
If you do not know whether or not a particular action is legal, please discuss it with us
before you proceed. If we tell you we do not want you to pursue your plans on our system,
please respect our decision. Noncompliance may result in suspension or termination of your
account. In the event that you use your account with us to commit any illegal act, you
expressly agree to indemnify and hold harmless tycom.net for any actions or liability that
might arise out of such act. Respect the security of our system and the security of any
system you may access via our system. Do not attempt to gain access to areas private to
tycom.net or other users. Attempts to violate the security of this or any other system
will result in immediate and permanent termination of your account that accesses our
system. Accounts terminated for this reason may not be eligible for reinstatement. Many
different networks around the world may be accessed via this system. Many of these
networks have in place their own acceptable use policies. You are required to abide by
these policies where applicable. Do not conduct acts that may be deemed by others as
malicious or hostile. Attempts at creating an annoying or hostile environment for other
users anywhere on tycom.net systems, or networks to which they are connected, will not be
tolerated. This includes sending unwelcome, unsolicited, or harassing communications to
other users. A Violation may result in the suspension or termination of your account.
Tycom.net has an expressly stated policy prohibiting the use of our systems to transmit
Unsolicited Commercial Email (UCE), also commonly referred to as "junk Email" or
"Spam Email". Violation of this policy may result in sanctions being
imposed against you, ranging from warning to account termination. The running of 'IRCBots'
on any tycom.net server is strictly prohibited. Violation of this policy may result in
sanctions being imposed against you, ranging from warning to account termination.
We, as system operators, may need to look at your electronic mail if we believe it is
necessary to protect ourselves or other users from injury or damage, or in the routine
performance of our necessary duties to keep our systems functioning properly for all
users. We will not deliberately disclose your private electronic mail to other users. In
the event that we believe certain electronic mail or files are connected with illegal
activities, we may disclose them to the appropriate authorities to protect our system,
ourselves, and other users. Remember that the person to whom you send electronic mail does
not necessarily need to keep it private. The sender or receiver of electronic mail has the
right to make it public. Therefore you should never send communications via electronic
mail that are of a highly sensitive or confidential nature or any message that you would
not want to be made public. Also remember that sending network mail to users on systems
other than those operated by tycom.net utilizes systems subject to other organizations'
policies, over which tycom.net has no control. Internet mail should never be considered
private in any way, or in any form. In the unlikely event that the authorities ever search
or seize our system, they may gain access to your electronic mail. Should that occur, we
are unable to guarantee that they will not review it. Remember that you have personal
rights to privacy that even the government cannot legally violate, though you may have to
go to court to enforce those rights. We will not hand over any information to any
authority without a valid proper warrant or subpoena for such information that has been
issued by a court of law. You shall retain all rights to all original messages you write.
Likewise, you must respect the ownership rights of others in their own messages. All
users shall accept responsibility for their own acts, and shall accept that acts by
another user, either on this system or on a connected network, which damages them, must
not be blamed on tycom.net, but on the other user.
You agree that tycom.net and its operators will not be held responsible to you for any
indirect, consequential, special, or punitive damages or losses you may incur in
connection with our system or any of the data or other materials transmitted through,
accessed via, or residing on our system even if we have been advised of the possibility of
such damage or loss. You also agree that tycom.net and its operators will not be held
responsible for any indirect, consequential, special, or punitive damages or losses you
may incur due to your ability or inability to transfer information via this system. You
agree that network outages can, and do, occur and that tycom.net and its operators will
not be held responsible for any loss due to such outages, regardless of reason or fault.
In addition, you agree to defend and indemnify us and hold us harmless from and against
any claims, proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys fees) relating to any acts by you or materials or
information transmitted or received by you in connection with our system, leading wholly
or partially to claims against us or our system by other users or third parties. Remember
that the Internet may contain materials and images, which may be offensive to some or even
sexually explicit or adult-oriented in nature. Please remember that the Internet is a
global network, and that laws governing its content vary widely from place to place. For
that reason, we strongly recommend that if you will be allowing minors to access your
account that it is done with adult supervision or with the use of monitoring software.
Tycom.net cannot be held responsible for content provided by entities other than our own
company. Each of these places has a different set of laws. Since we cannot keep track of
all laws and their requirements, you agree that the law of our own state, Mississippi,
will apply to all matters relating to this Agreement and to our online service. In
addition, you agree and consent that if you ever take legal action against us, the courts
of our own state, Mississippi, will have exclusive jurisdiction over any such legal
actions. In the event that any part of this agreement is ever nullified or modified by any
action of law, all other provisions of this agreement shall remain in full force and
effect.
USE OF SERVICE & RESTRICTIONS
PAYMENT OBLIGATIONS AND CANCELLATION POLICY
All accounts are due to be paid by the 10th of each month. Accounts not paid by the
next business day following the 10th will incur a late fee. Accounts terminated for
non-payment may be reinstated upon payment of any outstanding charges. There will be a $30
administration fee to reinstate a terminated DSL account. Accounts terminated for
unacceptable use may not be reinstated. Interruption of service due to termination of an
account, does not relieve you from past due charges. If your checking account debit,
or credit card charge is declined for any reason, then your account is in default and may
incur a returned item fee.
BILLING DISPUTES.
It is
your responsibility to request corrections to any processing fees each month within 60
days after receiving your credit card/bank statement. No charges will be reviewed
after 60 days.
YOUR ACCOUNT INFORMATION
You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide tycom.net
with accurate, complete, and updated registration information. Failure to do this
constitutes a breach of this agreement and unauthorized access to tycom.net could result
in immediate termination of your account and subject you to civil and criminal liability.
By registering as a customer, you will receive a password, an account and choice of an
associated sign-on name, and the ability to have additional email accounts; provided that
you select a unique username that is currently available, a name not in violation of a
third party's property rights, or a sign-on name that tycom.net deems not offensive or
otherwise inappropriate. Tycom.net owns all sign-on names and licenses them to you.
Additionally, you may not use your sign-on name in violation of the terms of service or in
ways tycom.net deems inappropriate, including but not limited to, sending or causing to be
sent mass e-mail solicitations. Tycom.net reserves the right to delete any such sign-on
name or to request deletion. You are entirely liable for all activities conducted through
your account. A customer may permit another individual, including a minor, to use the
customers account subject to customer supervision and with customers assumption of all
resulting liabilities. Because tycom.net sends important notices about your service to the
account holder, you agree to check the account regularly and bear the risk of failing to
do so. Customers who have had their tycom.net service terminated may not access our
service without prior express written permission, nor may you allow a former customer or
other agent whose service has been terminated to use their account.
INDEMNIFICATION
The Customer agrees to defend, indemnify and hold tycom.net and tycom.net directors,
officers, employees, affiliated companies, telecommunications providers, and ISPs harmless
from and against any and all damages, liabilities, losses, costs and expenses, including
attorney's fees, arising out of or related to Customer use of the Internet or customer's
breach of terms of service by use of, or in connection with, the transmission of any
content on any of tycom.net services.
Tycom.net Internet reserves the right to
protect its Customers from offensive e-mail communication, including, but not limited to,
the right to block mass e-mail solicitations, or "junk e-mail", or
"Spam". "Spamming" is sending unsolicited Email - whether
"mass" or ostensibly targeted - to people who have not asked for such Email. You
may not use tycom.net Internet as a 'drop off' address for replies to Spam mail or Spam
posts sent from other networks. We encourage the appropriate use of Email and we do not
censor for content. Threatening email will result in immediate termination of service and
cooperation with any law enforcement agency will be certain if requested.
Hacking is any attempt, whether successful or
not, to gain access to or retrieve information from any computer system, tycom.net or any
other. Hacking will result in immediate termination of service and possible
prosecution.
Tycom.net is an Internet Service Provider that allows access to the Internet, but is not
the Internet. Tycom.net does not control the content, services, or areas available through
the Internet, with minor exceptions, such as the tycom.net web site. Providers of Internet
sites or services have separate data and privacy practices independent of tycom.net. The
Internet is not owned, operated, or managed by tycom.net or any of its affiliates, or your
local phone provider. You agree that your Internet use is solely at your own risk and is
subject to all applicable local, state, national, international and foreign laws and
regulations. Neither tycom.net, its affiliates, nor telecommunications providers for
tycom.net, shall be held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused by your use of or reliance on any content,
goods or services available through the Internet, or your inability to access the Internet
or any of its sites.
We exercise no control over the content of
the information passing through our systems, we only provide access. You must take
responsibility for your actions on our system and the systems you access through us.
You must comply with whatever rules or acceptable usage policies are appropriate
for the systems you access. If you are offended by information you find on those
systems, your responsibility is to avoid whatever you find offensive. You must take
responsibility for the statements you make in e-mail, chat or discussion forums, and web
pages. If you act irresponsibly or your actions endanger our system, we may suspend
your access at any time.
Tycom.net's policy provides for only one (1)
dialup user per account. Your account is for your exclusive and individual use only;
multiple concurrent logins of the same account are not allowed. Beyond the fact
that allowing others to use your account is prohibited, consider that you become
responsible for the charges incurred by someone else you have allowed to use your
account. For this reason you should protect your account and password as you would
any other personal resource such as your telephone or credit card.
Violations will be logged by the system administrator. Continual
violations could result in interruption of service, additional charges,
and/or account termination.
No system has unlimited resources, and we
expect you to act responsibly when consuming resources on our system. Dialup usage
is defined as reasonable interactive use by a single customer. It is not intended to
allow unlimited use or to allow a person to remain connected even while away from the
computer or to use a 'ping' type program to keep their connection alive.