Terms and Conditions
By subscribing to OlympusNet services, you understand and agree to these Terms and Conditions and any future modifications or additions to this document. These Terms and Conditions are subject to change without notice. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy. We encourage you to regularly check this document for any changes. The last modified date at the top indicates the latest revision.
These Terms and Conditions supersede all previous representations, understandings, or agreements.
All Services
Communication
OlympusNet communicates with you primarily via email and we send notifications to you at the email address we have on file. Those notifications consist of vital information about your services, billing, service outages and enhancements, or changes to your existing services. This information is generally time sensitive in nature. It is important that you read any email sent by OlympusNet to your email address to avoid any unexpected interruptions in your service.
Regarding the CAN-SPAM Act of 2003, you give affirmative consent to receiving transactional or relationship messages from OlympusNet staff members.
Acceptable Use
You agree to take full responsibility for actions taken under your account.
You agree that the name and address(es) you provided to OlympusNet are accurate.
The person responsible for ordering the account is 18 years of age or older and takes full responsibility for access of others, especially those under 18 years old.
No OlympusNet accounts or services may be resold or given away without the written consent of OlympusNet.
You are responsible for all activity that originates from your Internet connection. This applies to security breaches of your computer(s) by others who launch attacks from your computer(s). It is imperative that you take precautions to ensure the security of your computer(s).
As an OlympusNet customer, you agree to do no harm.
OlympusNet vigorously pursues all instances of abuse. If you have been attacked or spammed, please notify OlympusNet Customer Support.
OlympusNet reserves the right to cancel this service without notice and may reimburse you on a pro-rata basis.
The following activities are prohibited under OlympusNet's Acceptable Use Policy:
Intellectual Property Rights Infringement
OlympusNet respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, OlympusNet's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by OlympusNet indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. OlympusNet's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act (DMCA) as well as US copyright law.
Denial of Service
The use of your OlympusNet service to deliberately impair another entity, individual or computer from accessing their computer or Internet connection is prohibited.
Hacking
Accessing or attempting to access the computer(s) or account(s) of others without their permission or breaching the security of other systems, regardless of success or failure, is prohibited. This also applies to unauthorized mail or Web relay/proxy access attempts and port scans.
Email Spam
Transmission of unsolicited email from OlympusNet's network is prohibited.
OlympusNet blocks inbound mail from certain sites from reaching OlympusNet equipment. The purpose of this is to stem the flood of spam mail.
Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to newsgroups is prohibited.
Dissemination of Viruses
Intentional or unintentional release of malicious software that results in annoyance, damage or harassment is prohibited.
Excessive Use
If you use any of your OlympusNet services in a manner which consumes excessive bandwidth, excessively loads OlympusNet's equipment or networks, affects other customer services or requires administrative attention, OlympusNet may require that you cease or alter these activities.
Mass mailings which result in more than 200 bounced emails will be charged $75. Such bounces increase the risk that OlympusNet mail is rejected by certain ISPs and requires administrator clean-up. The sender of the bounced mail will receive an email from OlympusNet with the email addresses that bounced.
Passwords
You must notify OlympusNet immediately if your account has been or may have been compromised.
Account Billing & Invoicing
Billing will start on the date your service is activated. Services are non-refundable regardless of usage. Please notify OlympusNet as soon as possible if there is a circumstance which may justify a refund or credit. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
Requests to change your billing cycle must be made in the month prior to the beginning of your service period. Billing cycle change requests made after the start of a service period will be applied to the next billing cycle.
Note that OlympusNet charges for service even if you do not use that service, as our servers and communications equipment store your setup and email, Web data, IP address, etc.
To terminate your OlympusNet service(s), you must contact us via telephone or email on or before the effective date. All termination requests will be processed on the date the request is received. This applies to both total account and single service terminations. You must provide an email address to which we will send a Cancellation Confirmation with a copy going to your current (old) email address. If you do not receive our Cancellation Confirmation, it means we have not received your request. It is your responsibility to contact us once again as outlined above so that we can send the Cancellation Confirmation to you. You are responsible for fees incurred through the month of termination of the service(s). When canceling, a partial month of service is not pro-rated. Prepaid unused months of service following cancellation will be credited. Credits will be applied to other held services or refunded, if canceling all services. Any prepayment discounts will be reversed if the prepaid service period is not completed.
Non-payment is not considered cancellation notification, nor is moving without notification. Cancellation of your account does not remove your responsibility under this agreement to pay all fees incurred through the end of the month of cancellation, including any late fees.
Accounts Receivable
All services are payable in advance.
Payment is due on the 28th of the month prior to the beginning of the service period. Invoice notices are sent via email at the beginning of the month prior to the service period. Reminder notices are also sent via email. Paper invoices are available upon request at a cost of $2.00 per invoice. Invoices and payments are viewable and printable in your Account Manager. Payment is accepted by check or by using VISA, Discover or MasterCard. There is a $15 fee for all returned checks and declined credit cards. Please make checks payable to OlympusNet, PO Box 1824, Port Townsend, WA 98368. Checks for payment on account are posted and deposited on receipt, regardless of the date written on the check. That is, postdated checks are not held. To pay by credit card or to set up automatic credit card payments, call 360-385-0464 or 800-896-1751. With the automatic credit card payment option, your VISA, Discover or MasterCard is charged on the 28th day of the month prior to the service period. The original invoice and your payment are viewable in your Account Manager. If the card is declined, call 360-385-0464 or 800-896-1751 to arrange payment.
OlympusNet reserves the right to charge the credit card on file if your account is past due. Late fees may be added at a rate of 10% of the past due balance ($5.00 minimum). A reactivation fee is added when an account is suspended. Though suspended accounts have no access to their services, they can still log in to the Account Manager to make an online payment. Online payment automatically reinstates the suspended services.
OlympusNet reserves the right to terminate accounts that remain past due at its discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without notice. Applicable late fees will be applied and due at that time.
In the event of non-payment, OlympusNet is under no obligation to deliver or maintain your data including email or websites after the end of the paid-for period.
If you wish to reinstate service with OlympusNet, you'll need to pay for any outstanding charges.
Liability & Limitations
OlympusNet is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person or organization may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other OlympusNet customer, whether legal or illegal; or any other goods or services provided by OlympusNet or any of its vendors. In no event shall OlympusNet be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees paid in the preceding year.
OlympusNet makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. OlympusNet takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, misdeliveries, or service interruptions caused by OlympusNet's own negligence or your errors and/or omissions. OlympusNet may withdraw certain services without notice. For example, we may shut off database access or the use of our Web servers in the event that we discover security flaws.
Credit is not provided for interrupted service due to user equipment failure, telephone company failure or failure of OlympusNet to provide service.
The technical support that OlympusNet provides is limited to the service itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
OlympusNet provides virus scanning of most email attachments. This does not imply that all viruses in email attachments will be prevented from reaching your computer(s). OlympusNet makes no claims as to the effectiveness of the virus scanner beyond that it serves as a first-level defense against viruses. We recommend that you run an up to date virus scanner
Use of any information obtained via this service is at your own risk. OlympusNet specifically denies any responsibility for the accuracy or quality of information obtained through our services.
You acknowledge that OlympusNet exercises no control over the content of materials accessed through our systems. Materials accessed through our equipment may be offensive or adult in nature.
Dispute Resolution
In the event that we have a dispute to which we can't find a mutually agreeable solution, you agree to settling the dispute in Port Townsend according to the commercial rules of the American Arbitration Association.
Specific Services
In addition to the terms provided in the All Services section of this document, the following terms apply specifically to OlympusNet's Connectivity and Web Hosting Services.
DSL
You authorize OlympusNet to order Qwest DSL service for you through Qwest for the speed you specify. You understand that you are authorizing Qwest to charge you for Qwest DSL Subscriber service and OlympusNet to charge you for Internet service.
The throughput you receive can vary from line to line depending on a variety of factors. OlympusNet provides Internet access via DSL as a best effort service and cannot guarantee upload or download speeds. Download speeds may be slower during periods of congestion.
Running an Email Server
To send mail through OlympusNet's mail servers, you must authenticate that mail through an OlympusNet email account. If you receive mail, your mail server must reject faulty addresses at SMTP time rather than generating bounces. Your mail server must not bounce spam, nor viruses or other malware. It is acceptable and preferable to reject those items at SMTP time.
Dialup
Dialup connection numbers and methods are subject to change or replacement at any time. OlympusNet reserves the right to direct those with dialup service to specific numbers or restrict the use of others. You are responsible for any long distance charges associated with the use of your OlympusNet dialup service.
Your OlympusNet dialup service is restricted to one connection per unique OlympusNet username at a time. Simultaneous dialup connections are prohibited. OlympusNet's standard dialup service includes 200 hours of connectivity per month.
Dialup service does not come with an uptime or connection throughput service guarantee.
You agree to use dialup accounts solely on an active, attended "dialup" basis, meaning only as needed and in no way on an unattended, standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, you shall abide by the following provisions regarding usage:
A dialup account may be used for Web browsing, reading or posting to Usenet newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.
A dialup account shall not be used to host a dedicated server site on the Internet.
Automated processes may not be used such as checking email or pinging the host to maintain a constant connection.
Usernames will be issued to you based upon availability. If the Username is surrendered by you for any reason, OlympusNet shall not be obliged to reserve that name.
We pro-actively monitor dialup usage to enforce fair usage policies. The largest threat to fair dialup usage is a user who installs auto-dialers into his computer(s) either knowingly or as a result of spyware or viruses, which attempt to maintain a connection 24x7. In order to prevent this, the following policy is in place for all dialup accounts. These rules are specifically crafted to have as little user impact as possible and specifically target auto-dialers which automatically connect a computer to the Internet when the user is not at his computer. In order to trigger any of these abuse levels legitimately without the use of an auto-dialer, a user would need to maintain multiple constant 16 hour sessions on the Internet without any breaks, which would be a highly unlikely event. Simply remembering to disconnect your Internet connection when you are not at the computer (the same way you would hang up the phone after making a call) will ensure that the abuse monitor is not triggered.
Abuse Level 1 If a user remains connected for the maximum session time (usually 8 hours) and then re-connects again and remains connected for another full maximum session time, the system will automatically put a 15 minute timeout in effect for the user. Once he disconnects the 2nd time, a 15 minute counter is initiated preventing him from automatically dialing up again.
Abuse Level 2 In the event a user triggers the abuse level 1 monitor twice during any month, his maximum session time is reduced to a maximum of 4 hours. A 15 minute timeout is put into effect if the user reaches the session timeout two times in a row just as in level 1.
Abuse Level 3 In the event a user triggers the abuse level 2 monitor 4 times during any month, his maximum session time is reduced to a maximum of 2 hours. A 15 minute timeout is put into effect if the user reaches the session timeout two times in a row.
Hosting
You are expected to maintain any software that you install in a secure and timely fashion, patching and upgrading such software when necessary. OlympusNet reserves the right to disable any account deemed to be a security risk to your account, other accounts hosted on OlympusNet, OlympusNet servers, or other Internet services.
Should your Web site utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources for a sustained period of time), OlympusNet may ask that you either promptly upgrade your Web hosting services or reduce your Web site's use of resources to an acceptable level. OlympusNet will be the sole arbiter of what is considered to be an excessive amount of server resources. OlympusNet reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
OlympusNet reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory, disk space and disk throughput.
Web sites must not provide forms or other technologies that the public could use to send spam.
Domains
If you wish to have a permanent email address, we urge you to register and use a domain name. You agree that the use of this name does not violate trademark or other statutes. (Note that registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties using normal legal methods.) See RFC 1591.
If you have applied for a domain name, do not make commitments involving that name until you have tested it by receiving mail addressed to your domain from sites other than OlympusNet.
Scripts
Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.
Content Restrictions
All content hosted on OlympusNet's servers is subject to our Acceptable Use policies. OlympusNet servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
Modifications
OlympusNet may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide OlympusNet's services. Certain changes to OlympusNet's services may affect the operation of your personalized applications and content. While OlympusNet will work with you to provide proper notice of such changes, you are solely responsible and OlympusNet is not liable for personalized applications or content, except as expressly agreed to by OlympusNet.
Backup of Data
You are solely and entirely responsible for the management and backup of all your data, and all updates, upgrades, and patches to any software that you use in connection with OlympusNet services.
Non-OlympusNet Products
Any mention of non-OlympusNet products by OlympusNet and its employees is for information purposes only and does not constitute an endorsement or recommendation by OlympusNet. OlympusNet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-OlympusNet products or services.
