Revised and Effective November 1, 2011
1. Service Acceptance & Policy Changes. By applying for and using service(s) provided by Eastern Oregon Net, Inc. (“EONI”) and its affiliates, the User consents to and accepts all terms and conditions listed herein. The User is defined as any person, persons, entity or device accessing or using EONI services. EONI may change our terms and conditions, or policies, at any time and any modification thereof becomes effective immediately, unless stated otherwise, upon posting to EONI’s policy page located on the Internet at http://home.eoni.com/legal. You may terminate your service as allowed in the agreement if you cannot or will not accept any of these conditions. Some EONI services are subject to early termination liability. Use of EONI’s services at any time shall be deemed as User’s acceptance of any and all terms and conditions and additional or supplemental agreements and policies.
2. EONI Policies. Additional EONI agreements and policies may apply to the services accessed by User and may contain additional terms associated with specific EONI services. These agreements are incorporated by reference into this agreement and are available on the Internet at http://home.eoni.com/legal.
3. Content Acceptance. EONI reserves the right, at its sole discretion, to edit, remove, review, or refuse to post or store any information or material in EONI’s information storage and retrieval mechanisms. EONI reserves the right to remove any content, information or material that it deems, in EONI’s sole discretion, to be unacceptable or undesirable. This includes, but is not limited to, the right to edit or refuse to host web pages or web sites that EONI finds to be unacceptable or undesirable. User agrees that personal web space provided with some EONI services is for non-commercial activities only. Personal web space will not be used for advertising commercial activities of any kind, unless written permission has been requested from and granted by EONI.
4. Technical Support. EONI customers whose accounts are in good standing may receive limited, no-fee technical support. Users, whose accounts are not paid to date, are late or in arrears, but whose accounts are not suspended or terminated, are not entitled to technical support. Any former User of a closed or terminated account is not entitled to technical support.
EONI technical support is limited to issues of achieving access to EONI services, including Internet access, electronic mail (email), hosting, and other services provided by EONI. Technical support for other computer related applications or services are NOT included as no-fee support. Support for a local network or wireless network at the User’s premise is NOT included as no-fee support. While at its discretion the support staff may sometimes assist EONI customers with non-connectivity or non-email issues, any such extra service is strictly 'added value' service and provision of such service does not obligate EONI to continue to provide such service. EONI explicitly does not guarantee or warrantee the services of any technical support provided by EONI, its agents, its affiliates or its assigns. EONI does not endorse or accept any responsibility for services or support provided by any other entity. Actions leading to failure of EONI services to the User caused by the User or their agent that require repair or resolution by EONI technical services or by other EONI personnel may be subject to additional charges.
Support is only available for computers meeting the minimum hardware and software requirements as described on our web site at:http://home.eoni.com/policies/.
5. Internet Subject Matter. The User is advised, acknowledges and accepts that information, languages, materials and pictures found on the Internet may be adult in nature, inaccurate, inappropriate, offensive or otherwise distasteful, and also that harmful or destructive content, such as (but not limited to) spyware, trojans, viruses, worms and other malware, is prevalent on the Internet. User also accepts that EONI cannot prevent access to these materials or content on the Internet. The User is responsible for all information received or transmitted by the User when accessing EONI services and the User is responsible for any such content so accessed by or stored on the User’s equipment. The User releases EONI from and agrees to indemnify EONI against any and all claims, expenses or losses relating to such content, information or materials described in this paragraph. This indemnification shall survive any termination of User’s services obtained from EONI or termination of this Agreement.
6. Limitation Of Liability And Warranty. Unless otherwise specifically provided to the User in writing, the following conditions and statements in this paragraph apply to User. To the fullest extent permitted by law, all EONI products and services are provided to the User on an “as is” and “as available” basis. Your use of the service is at your sole risk. EONI does not guarantee timely, secure, error-free or uninterrupted service, receipt of material or messages transmitted over or through EONI’s network, the networks of other companies, or via the Internet. Services provided by EONI are provided WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY EONI, ITS AFFILIATES, ITS EMPLOYEES, AGENTS, LICENSORS, PROVIDERS, SUPPLIERS OR THE LIKE SHALL CREATE A WARRANTY. IN NO EVENT WILL EONI BE LIABLE TO THE USER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF EONI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EONI SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE; LOSS OF CLIENTS, CUSTOMERS OR MEMBERS; LOSS OF DATA, EMAIL OR OTHER FILES, OR FAILURE OF EQUIPMENT; LOSS OF GOODWILL; OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. Any cause of action arising out of the provision of EONI products or services shall be instituted within six (6) months of the event, or the shortest period permitted by law, or such cause of action be barred.
7. Indemnification. The User agrees to indemnify EONI and hold harmless EONI from and against any and all lawsuits, claims, damages, liabilities or expenses (including reasonable attorney’s fees in connection with the investigation, defense or settling of any such loss, claim, damage, action or proceeding) relating to or arising out of the User’s use of products or services provided by EONI. This indemnification shall survive any termination of User’s services obtained from EONI or termination of this Agreement.
8. Accounts and Billing Information
a. This Agreement applies to all accounts held by any User. All Users are responsible for the use of their accounts by any person and for ensuring complete compliance with this Agreement by any User of those accounts. Accounts for services with EONI cannot be transferred, assigned or delegated without the prior written approval of EONI. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of EONI, and the permitted assigns of the User. Unless otherwise specifically provided to the User in writing, Services are limited to the User and may not be resold in any manner.
b. Users are responsible for maintaining the confidentiality of their passwords. Users must report immediately to EONI if they believe that their password has been compromised for any reason. Maintaining the confidentiality and privacy of the User login and password by the account User is mandatory for acceptable use of the EONI services. In the event of a breach of security, the User will remain liable for any unauthorized use of EONI services and any costs or damages associated therewith. EONI has no obligation to the User for any such breach of security or effects thereof.
c. Once an account is terminated for any reason, EONI reserves the right to immediately delete all data, files or other information that was stored in your account or on any of EONI's facilities or services.
d. EONI reserves the right to change its fee structure and to institute new fees, and/or to change the services provided and the terms of those services, at any time and without notice.
e. Users agree and accept that they must notify EONI within 30 days of any change in the User's registration data which includes: their first name, last name, physical address, postal mailing address, city, state, zip code, home telephone, work telephone, or their primary email address. The primary email address is used by EONI for sending billing notices, service announcements and other communications from EONI to User. EONI email accounts include “@eoni.com” in the email address. EONI has no control over non-EONI email accounts. EONI strongly recommends that User chooses an EONI email account for their primary email address.
f. The EONI accounting cycle begins on the first (1st) day the account is activated. Accounts can be prorated to another billing date if so requested by the User.
g. If EONI does not receive the full amount of User's account balance within 10 days of the due date, User access to their account may be suspended. If a check, debit charge or credit card charge is returned or refused for any reason, including but not limited to insufficient funds or an expired account, the User account may be suspended immediately. A service charge of $25.00 will be imposed and shall be due and payable prior to reactivation of the account. All account fees must also be received prior to reactivating the account. EONI reserves the right to delay reactivating the account until the User's check or credit card has cleared payment by the appropriate banking authorities.
h. Users must notify EONI in writing if they wish to terminate services. “In writing” shall mean via US Postal Service, via written notifications delivered directly to EONI’s place of business, or by email if such email is sent with a “return receipt” notification. NO OTHER NOTIFICATION IS CONSIDERED AN OFFICIAL REQUEST FOR CANCELLATION OR TERMINATION OF SERVICE. User remains responsible for all charges for service until such service is officially and properly terminated, whether or not the User is still accessing EONI service. Some EONI services may require advance notification before service can be ended; in other words, service may need a period of time to terminate. User remains responsible for all charges during the period required to terminate service. Notifying EONI to terminate services does not end User’s responsibility for any early termination charges that may apply.
i. Either User or EONI may terminate the account at any time. EONI may terminate any account, without cause or notification to the User, at any time. EONI may terminate sessions at any time, without notice to the User, at EONI's sole discretion. If User has a service with a term length, any applicable early termination conditions and fees will apply. At no time shall this paragraph waive any responsibility for User to fulfill their responsibilities of termination for any EONI service applicable to the User.
j. If an account is terminated and a refund is due to the User, then the refund will be calculated as follows: no refunds are due or payable for partial use of a month of service. Additionally, if an account has been prepaid so as to receive a discount from the otherwise cumulative monthly amount and the account is terminated, then the total amount owed is the total months of use, including the current month, times the non-discounted monthly rate. Any refund will be prorated as if the User owed the full monthly fee without discount for prepayment.
k. If an account is turned over to collection or if legal action is required by EONI to collect an unpaid User balance, EONI is entitled to collect and you agree to pay all reasonable collection fees and/or associated reasonable legal and attorney's fees.
l. Claims or requests for refunds or billing issues are limited to six (6) months from the date of claim or request submission. Any claim or request for issues older than six (6) months from the date of request will not be honored.
m. The User's only right with respect to dissatisfaction with any of the terms and conditions of this Agreement, or with regards to the operations, policies, or practices of EONI, any changes in the content of EONI's services, or any change in the fee structure charged in connection with use of EONI's services, is to terminate User's account by delivering written notice to EONI as described in paragraph 8.h. above. EONI may terminate immediately the account of any User who misuses his/her account or for any breach of this User Agreement. If EONI denies you access to EONI services due to breach of this Agreement, 1) you shall have no right to obtain any credits otherwise due you and such credits are forfeited, and 2) you shall have no access through EONI to any EONI, Internet or Internet-related products or services. If User or EONI terminates the account for other reasons than breach of this Agreement, a prorated refund for any unused credits remaining on the User's account will be paid to the User within 30 days from the date the account terminates. Once an account is terminated for any reason, EONI shall have no responsibility to notify any third party with which the User had any relationship, nor shall EONI have any responsibility for any damages that result from lack of such notification.
n. Except as expressly provided herein, the rights and remedies of EONI are cumulative and not exclusive of any rights or remedies that EONI may otherwise have at law or in equity. Waiver of any violation of these Terms and Conditions by EONI shall not act as a waiver of any subsequent violation of these Terms and Conditions, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by EONI in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
o. How To Contact EONI. Mailings, messages or other notices from Users should be addressed or delivered to EONI at: EONI, 216 Chestnut Street, La Grande, OR 97850. Electronic mail (email) related to issues with User’s account may be sent to email@example.com or firstname.lastname@example.org. The permanent telephone number for EONI is 1-541-962-7873. Additional information about contacting EONI and EONI hours of operation are available on the EONI web site at http://home.eoni.com/contact.
p. Governance Of Law. This agreement, and any other related EONI agreement, shall be construed to, and be governed by, the laws of the State of Oregon in the County of Union. In the event that any provision is determined to be invalid, all other provisions shall remain in full force and effect.
This Acceptable Use Policy (the “Policy”) sets forth those activities prohibited by Eastern Oregon Net, Inc. an Oregon company and its affiliates (“EONI”) to users of EONI communications system (the “System”) that use the System to access the Internet. This Policy is applicable to each Customer of EONI and any users gaining access to the System through a Customer (collectively with Customer, “Users”). All capitalized terms not otherwise defined herein are as defined in Customer’s Agreement with EONI.
This Policy may be revised from time to time without notice to Users. Use of EONI services by Users after changes to the Policy are posted on EONI’s web site,http://home.eoni.com/legal/ will constitute the Users’ acceptance of any new or additional terms of the Policy that result from those changes.
Last modified February 2, 2007
This Policy is designed to assist in protecting the Services provided by EONI, the System, Users of the System, the Internet and the Internet community as a whole from improper and/or illegal activity and any activities contrary to this Policy may be prohibited.
Users' failure to comply with this Policy shall constitute a violation by Customer as determined in EONI’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in suspension or termination of Service and/or termination of Customer’s Agreement, as described below. Customer shall immediately notify EONI if they know or have a reasonable suspicion that a User of the System is using it in Violation of this Policy. Customer shall contractually require that all Users comply with this Policy. Prohibited activities include, without limitation, the following:
Use of the System in violation of any law is prohibited. Any use of the System for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual property – unauthorized Transmission of material protected by patent, copyright, trade secret, or other intellectual property right (including, without limitation, the Digital Millennium Copyright Act); (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message; (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C 7701, et. seq., and 16 CFR Part 316); (vi) Impersonation and Forgery – creating content or systems to appear to be representative of a person or organization without permission of the person or organization.
EONI makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information transmitted or received by a User over the Internet. Use of the System is subject to Communications Assistance for Law Enforcement Act (CALEA). Any attempt to breach system and network security measures is a Violation, and may result in criminal and civil liability. These Violations include, without limitation, the following: (i) Unauthorized Access – Users may not attempt to gain unauthorized access to or attempt to interfere with the normal functioning and security of System or any other system, computers, accounts, or networks or purposely breach firewalls or security measures of another company's or individual's system (hacking), probing or testing the policies of any network; (ii) Unauthorized Monitoring – Users may not attempt to monitor any information on any network or system without written authorization from the EONI network administrator; (iii) Interference - Users may not attempt to intercept, redirect or otherwise interfere with communications intended for others; (iv) Fraud/Forgery – Users may not impersonate another party by altering IP addresses or forging TCP/IP packet header information within an TCP/IP packet, e-mail communication or newsgroup posting.; (v) “Denial of Service Attacks” – Users may not cause or further a denial of service attack or otherwise flood or attempt to overload a system; (vi) Virus Transmission - Users may not intentionally or negligently transmit files containing a computer virus, Trojan Horse, worms, corrupted data or other destructive activities.
Customer agrees that it shall be responsible for monitoring the use of the Service and that EONI shall not be obligated to monitor such use. Customer agrees that the following uses are Violations: (i) Unsolicited E-mail – Customer may not allow the Services to be used to transmit SPAM or collect the responses from excessive volumes of unsolicited commercial e-mail messages. “SPAM” shall mean an unsolicited bulk e-mail sent to a recipient where: (a) the recipient’s personal identity or context are irrelevant because the message is equally applicable to other potential recipients and (b) the recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent. The use of another provider's service to send unsolicited commercial or bulk e-mails, SPAM or mass mailings to promote a site hosted on or associated with the System is similarly prohibited; (ii) E-mail Relay - the use of another party's e-mail server to relay e-mail without express permission from such party is prohibited; (iii) Usenet - all postings by Users to USENET groups must comply with that group's charter and other applicable guidelines and Policy. Cross-posting and continuous posting of off-topic messages including commercial messages, is prohibited; (iv) Bulk e-mail – Customer shall not allow the Service to be used to send bulk e-mails unless the recipient of such e-mail has verifiably confirmed permission for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification (“Closed-Loop Opt-In”); and (v) Blacklisted IP-Address – Customer may not allow an IP-Address that is registered to EONI and used by Customer to become blacklisted, banned or blocked by a third-party that monitors improper or illegal use of the Internet.
In the event EONI receives any complaints from third parties with respect to a User’s use of the System (“Complaints”), Customer shall, within twenty-four (24) hours, respond to such Complaints to the reasonable satisfaction of EONI and any failure to so respond shall be deemed a Violation authorizing EONI to take any of the actions described in Section 3. In addition, in the event EONI receives more than five (5) Complaints in a twenty-four (24) hour period or more than ten (10) Complaints in any thirty (30) day period, it shall be deemed a Violation authorizing EONI to take any of the actions described in Section 3.
In the event that EONI has a good faith suspicion that Customer is in violation of Section 2, Customer shall, within twenty-four hours of a request by EONI, provide to EONI a copy of any Transmission or e-mail that caused such suspicion or generated a Complaint as well as the underlying consent by the recipient to receive such Transmission or e-mail, provided that, Customer shall take appropriate action to protect the privacy of the recipient.
In the event of a Violation, EONI may, in its sole and absolute discretion, take any or all of the following actions: (i) Warning – EONI may issue a verbal, e-mail or written warning notifying the Customer of the Violation and the corrective action that must be taken. A warning may also provide that EONI will suspend or terminate all or part of a Customer’s service in the event of any additional Violation; (ii) Suspension – EONI may suspend, with or without warning, all or part of a Customer’s Service and may condition restoration of such Service upon Customer affecting corrective action; (iii) Termination – EONI may, with or without warning, and with or without prior suspension terminate all or part of Customer’s service and may terminate Customer’s Agreement with EONI.
The foregoing is not an exhaustive list of actions EONI may take in the event of a Violation and suspension or termination of Customer’s Service is not an exclusive remedy and shall not affect any other rights EONI may have under the Agreement. EONI shall have no liability to Customer or Users in the event the Customer’s Agreement is terminated and/or a User’s service is suspended or terminated in accordance with this Policy.
Failure of EONI to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any other Violation. EONI takes no responsibility for any material created or accessed via the System and does not monitor, verify, warrant or validate the integrity, accuracy and quality of information it receives or transmits, but reserves the right to do so in the event it has a good faith suspicion that a User may have violated this Policy. EONI will cooperate with appropriate law enforcement and government agencies or other parties involved in investigating claims of illegal or inappropriate activity. EONI reserves the right to modify this Policy at any time by posting it on EONI website at:http://home.eoni.com/legal/ effective upon posting.
Complaints regarding any portion of this Policy should be sent to email@example.com.
Effective November 1, 2011
THIS FAIR USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH EASTERN OREGON NET, INC. (“EONI”), OR ITS AFFILIATES, FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS, HEREAFTER REFERRED TO AS “CUSTOMER”, “CUSTOMERS”, “USER”, “USERS”, OR “SUBSCRIBERS.” PLEASE READ AND FOLLOW THIS FAIR USE POLICY CAREFULLY. THIS FAIR USE POLICY MAY BE REVISED FROM TIME TO TIME BY EONI AS SET FORTH BELOW.
EONI has created this Fair Use Policy (”FUP”) governing EONI’s service (the “Service”) to ensure the integrity of its broadband network and enhance the use of the Services for all of EONI’s Users by designating standards for acceptable and unacceptable use. This FUP forms part of the agreement between EONI and you and is incorporated by reference into EONI’s Terms and Conditions of Service (the “Terms and Conditions”) found at www.eoni.com/legal. BY USING THE SERVICE YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS FUP.
Nature of the Service. The Service provided to you is intended for reasonable, periodic, non-continuous use by a person using a computing device, consistent with the type of use made by a typical Customer of our Internet services. Examples of allowed uses of our Service include web surfing, sending and receiving email, sending and receiving photographs, on-line gaming, and non-continuous streaming of videos and downloading of files. Examples of uses of our Service that are not permitted include: the continuous unattended streaming, downloading or uploading of videos or other files; maintaining an unattended or continuous uninterrupted connection to the Internet, such as through a web camera or machine to machine connections that do not involve active participation by a person; or operating an Internet hosting service, such as web hosting or gaming hosting. You may not use the Service in a manner that impairs the user experience of other Users, or that otherwise impairs network performance; these usage restrictions shall apply even if Customer subscribes to a service plan which does not impose limits on the amount of data you may download or upload during an applicable service period (as addressed in greater detail in the “Unlimited Use Plans” section below), and even if User subscribes to a service plan under which you owe EONI overage amounts for exceeding a certain prescribed data usage level during a particular service period. Both fixed wire-line Internet service and wireless Internet service have limited bandwidth capacity. EONI’s Service can suffer from congestion and reduced performance when usage by some individuals exceeds the usage of typical Customers, thereby having a negative impact on the entire network. This FUP is intended to ensure that the activities of a few Users do not unfairly impair the activities of all Users of the Service.
However, the immediately preceding restriction against unattended or continuously uninterrupted Internet connections shall not apply to you in the sole event that your service plan description expressly and specifically permits such usage and your service plan rate expressly and specifically contemplates such usage. In such cases where the provisions above do not apply, Customer will have received and executed a specific, separate written agreement prepared by and executed by EONI describing the Service provided to Customer. Otherwise, any usage of our Service for an unattended or continuously uninterrupted Internet connection shall be prohibited.
Prohibited or Actionable Activities. To preserve the ability of all of its customers to use EONI’s network and the Internet without interference or harassment from other users, and as a condition of using the Service, EONI prohibits you from engaging in the following activities:
Excessive Utilization of Network Resources. Broadband networks have capacity limits, and all customers can suffer from degraded or denied service when one User (or a small group of Users) consumes a disproportionate amount of a broadband network’s resources. EONI, therefore, will monitor both overall network performance and the User’s resource consumption to determine if any User is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the EONI network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service previously described in this FUP. EONI reserves the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, EONI may use various network management techniques, such as reducing the data rate of individual bandwidth intensive Users whose use is negatively impacting other Users. This temporarily limits the amount of bandwidth available to the bandwidth intensive Users until the congestion has diminished, at which point EONI will endeavor to lift any limits it may have imposed on bandwidth intensive Users during the period of congestion. EONI may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive Users during periods of congestion. When feasible, upon observation of an excessive use pattern, EONI may attempt to contact the User by telephone (at the telephone number you gave to us) or otherwise alert the User to your excessive use of bandwidth and to help you determine the cause. EONI representatives also are available to explain this FUP and to help the User avoid excessive use incidents. If the User is unavailable or does not respond to EONI’s attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring and repeatedly having negative effects on other Subscribers of the Service, then EONI reserves the right to immediately restrict, suspend or terminate the User’s Service without further notice in order to protect the network and minimize congestion caused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual User of the Service and not by the use of any particular application. Excessive use is defined by and determined by EONI in its sole discretion.
Unlimited Use Plans. Unless provided to you in a specific, separate written agreement (as previously described), if you subscribe to a service plan that does not impose limits on the amount of data you may download or upload during a month (or other applicable service period), you should be aware that such “unlimited” plans are nevertheless subject to the provisions of this FUP. What this means is that all of the provisions described in this FUP, including those that describe how EONI may perform reasonable network management such as reducing the data rate of bandwidth intensive users during periods of congestion, will apply to your use of the Service. The term “unlimited” means that we will not place a limit on how much data you upload or download during a month or other particular period. However, the term “unlimited” does not mean that we will not take steps to reduce your data rate during periods of congestion or take other actions described in this FUP when your usage is negatively impacting the Internet experience of other Subscribers to our Service.
Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this FUP; nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without EONI’s prior written consent in each instance. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this FUP.
Security Precautions. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
FUP Enforcement and Notice. Your failure to observe the guidelines associated with this FUP may result in EONI taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this FUP, EONI may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. EONI representatives also are available to work with you to explain the parameters of this FUP and to help you avoid an FUP violation.
EONI reserves the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose EONI to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of EONI’s network or of any other network(s) with which EONI is interconnected; (3) interfere with another EONI Customer’s use of the Service; (4) violate any applicable law, rule or regulation, including, but not limited to, copyright or any other intellectual property infringement; or (5) otherwise present an imminent risk of harm to EONI or its Customers. In the event of the termination of your Service by reason of the violation of this FUP, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of EONI are cumulative and not exclusive of any rights or remedies that EONI may otherwise have at law or in equity. Waiver of any violation of this FUP by EONI shall not act as a waiver of any subsequent violation of this FUP, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by EONI in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this FUP in conjunction with our Terms and Conditions and our other Policies which you may find at www.eoni.com/legal. EONI has the right, but not the obligation, to monitor or restrict any use(s) of the Service that EONI reasonably believes (in its sole discretion) violates this FUP, any part of the Terms and Conditions, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and you are responsible for any use or abuse of your account by others (regardless of whether or not you authorized or permitted their conduct).
Reporting Violations. EONI requests that any person who becomes aware of a violation of this FUP report the information to EONI at firstname.lastname@example.org. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. In response to such a reported FUP violation, EONI may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions: issue a warning; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin further FUP violations and/or to collect damages, if any, caused by such FUP violations; or take no action.
Revisions; Reservation of Rights. EONI reserves all rights, including the right to revise, amend or modify this FUP or any other Policy at any time, by announcing any amendments or modifications in the section of EONI’s website: http://www.eoni.com/legal. Such amendments or modifications will become effective on the date we announce them on our website. Afterwards, your continued use of the Service will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to EONI as described in the EONI Terms and Conditions available at www.eoni.com/policies.
Revised February 4, 2010
no longer accessible, permanently destroyed
a specific electronically composed and transmitted communication. The communication may include text, pictures, audio, video, documents or other attached files.
a system designed for EONI customers to use to access their eoni.com email account. Access to EONI WebMail is accomplished using a standard web browser, Internet access, username and password.
EONI user email storage space:
The total amount of storage space in megabytes consumed by messages stored on EONI servers for a specific user.
Email messages scanned and determined to be unwanted are placed into the Quarantine. The scanning process is automated and is not warranted to be free from error. Email messages are placed into the quarantine to allow some time for the email users to review each message held in the quarantine to determine if they need to be delivered rather than held in the quarantine.
Personal File Storage
Files managed by EONI users that are accessed via the Internet hostname ftp.eoni.com or www.eoni.com/~username. Historically personal file storage has also been referred to as “personal web space”. Personal file storage is updated by EONI customers by using a username and password for the EONI customer account. Not all EONI usernames may be used for personal web space. Personal file storage may be read by any user of the Internet without any special password. Use of personal file storage must be in accordance with the EONI acceptable use policy, terms and conditons and other applicable documents located here . For additional information about this service, please contact EONI .
EONI User Email Storage Quota
EONI user email storage space shall not exceed the allocated quota for a user. New email messages may be returned to sender or otherwise not delivered if the mailbox is already at or near the allocated quota. Unless specified otherwise the default quota is 1000 megabytes (which is equal to 1 gigabyte).
Outgoing email limitations
EONI WebMail Sent Items Retention
Email messages composed and sent using EONI's WebMail system are normally stored in the Sent Items folder within the EONI WebMail system. Email messages in the Sent Items folder are subject to deletion after 30 days.
EONI Quarantine Retention
Email messages in the EONI.COM Quarantine are subject to deletion after 5 days.
Dormant EONI Incoming Email Accounts
Any eoni.com email account that has not been accessed (checked via standard Internet POP3 protocol or had new messages viewed in EONI WebMail) for more 120 days may be subject to email account deactivation. Email account deactivation includes deletion of all messages stored in the email box (including any subfolders) for an email account. In addition, any new messages to the email account will be returned to the sender with the message indicating the user is unknown.
Unless specified otherwise the default quota of allowed disk space for the personal file storage service is 25 megabytes.
Revised February 21, 2013
EONI will provide telephone or email support for other operating systems ONLY to the extent of providing our DNS, network host addresses, and dialup phone numbers.
If you are using an operating system other than listed above for PC and Apple/Macintosh systems, you might be able to use our services successfully but you will not be entitled to unpaid technical support for setup, configuration or troubleshooting. If you wish to engage our technical support on a for-fee basis, contact us for further information. Acceptance of such requests will be on a case-by-case basis.
If you are using UNIX or Linux systems, your hardware needs to meet the minimums for Windows systems. We also recommend that your system and browsing software be kept current in terms of latest releases and security vulnerability patches and fixes.
Although the minimum configuration is listed above, for the most enjoyable EONI Broadband Internet Service experience we recommend a system that meets or exceeds the following:
Basically, the more powerful system you have, the better.
Your system and its components need to be in proper operating order, and must be virus- and spyware-free. (If you cannot ascertain whether you meet this requirement, you should engage professional services to do so from a qualified third-party or from EONI's hardware build-repair department.)
The Internet is changing and the applications or programs needed to access the Internet effectively require more power (faster processors, more RAM, newer software, more hard drive space, etc.) and the trend is not slowing down. Accordingly, for your computer system to access the Internet effectively and reliably, it needs to be sufficiently "powered." EONI technical support cannot make older, slower and essentially outmoded systems work for applications and programs that they simply do not have the ability to run.
In 2006 Microsoft discontinued providing technical support and security patches or upgrades to all versions of Windows 98 and Windows ME. Microsoft planned to stop providing patches and updates to Windows 2000 soon thereafter and has also stopped providing updates to Windows XP as of April 2014. (see this news article).
Apple operating systems older than OS 10.2 have some vulnerabilities, too, and are not supported by EONI's broadband systems.
Browser software is also subject to security vulnerabilities and exploits. Thus, you need to make sure that you are running the latest versions of your browser to reflect security fixes and upgrades. Note that, for example, Microsoft currently supports only Internet Explorer 6 and 7 (version 5.5 and earlier support was discontinued in 2005), and usually releases security updates at least monthly for these browsers.
There are many security concerns with regards to persons running older operating systems. For the security of our broadband network and thus the security of all users on those EONI networks, EONI is ending support for older operating systems.
EONI recommends that all customers with any form of Internet connection take care to keep their computer secure with firewall, antivirus, antispyware, keep software updated and use strong passwords. Please ask for further information.
Effective September 1, 2008
Effective September 1, 2008, EONI will no longer provide technical support for computer systems running older versions of operating systems that no longer have official technical support from the manufacturer. This affects both Microsoft and Apple operating systems. Computers running the operating systems below are affected.
Any version of Windows 98 or Windows Millennium (Windows ME) will not be supported as of September 1, 2008. Stated another way, where Microsoft operating systems are on your computer, EONI will only offer technical support if your computer is currently officially supported by Microsoft. Microsoft ended technical support for Windows 98 and Windows ME on July 11, 2006. (For reference, Microsoft technical support for earlier products, like Windows 95, Windows NT, and Windows 3.x ended earlier than the 2006 date. EONI ended technical support for these products several years ago.)
Any version of Apple software earlier than OS 10.2 will not be supported by EONI as of September 1, 2008.
The following list is a more detailed explanation.
Revised January 23, 2014
» also see minimum user requirements for EONI service
Revised January 23, 2014
Revised December 11, 2007
ICANN (Internet Corporation for Assigned Names and Numbers) is the private sector, nonprofit organization responsible for authorizing agencies to register domain names.
See the official site for ICANN's statement of Registrant Rights and Responsibilities.
ICANN (Internet Corporation for Assigned Names and Numbers) is the private sector, nonprofit organization responsible for authorizing agencies to register domain names.