Parallax Systems Rules and Regulations and Acceptable Use Policy
By using services
and resources of Parallax Systems, a service of Parallax Systems,
Richmond, IN you agree to abide by the following Rules and Regulations
and Acceptable Use Policy ("AUP" for short). Although
a great majority of these provisions have the dial-up client in
mind, the general provisions are equally applicable to our Web
and dedicated access clients. Furthermore, terms and conditions
for dedicated broadband business customers supercede language
of this AUP as identified in signed "Service Agreement".
is a far-reaching communications medium. The Internet can be used
to communicate with colleagues, to research demographics, and
to transmit business communications. But the Internet - and the
Parallax Systems computers you use to connect to it - is shared
with thousands of other users. Therefore, Parallax Systems has
constructed a list of rules and regulations for a better understanding
of how to use this service. This document also talks about your
rights and responsibilities as a Parallax Systems subscriber.
A.) We will
not release any of our customer's personal information to other
people unless we receive a signed consent form from you, or unless required by law. The exception to this policy extends to third party collection of bad debt accounts.
B.) With certain exceptions, you can choose any username for your
account on Parallax Systems as long as there are no duplicates
in the username list and it is not considered obscene. One additional
practical restriction is becoming more important as the Parallax
Systems user base grows, and the chance for duplicate usernames
grows with it. Finally, the username is subject to a technical
limitation of our current accounting system; therefore, usernames
are restricted to a maximum of 16 characters. The username will
always appear when you forward electronic mail. The username is
your login authorization. The username will be shown in systems
utilities, such as "who" or "finger" which
show current users on the system.
C.) Parallax Systems retains the right to reserve certain usernames
for internal use.
D.) Although you may want to use a made-up username for your Parallax
Systems account, your full legal or entity (company) name must
be used when you sign up with Parallax Systems.
2. Account Suspension and Cancellation
Systems Subscribers have the right to cancel their accounts. Cancellations,
however, take effect at the end of the billing period in which you cancel.
If you wish to cancel your Parallax Systems account, you must
send notice in writing to Parallax Systems ATTN: Accounting, PO
Box 908, Richmond, IN 47375 or via e-mail to email@example.com.
B.) Parallax Systems reserves the right to suspend or cancel your
account for non-payment or for violation of the provisions of
C.) Whether you cancel your services or we cancel your service
for cause, your service fees are not prorated within the current
month. Refunds for unused service are limited to fees paid beyond
the month of cancellation. Setup fees are nonrefundable.
3. File Transfer Restrictions
A.) By law,
you may not upload any commercial software, any software that
is subject to distribution limits, or any kind of material you
do not have the right to share with other people. Likewise, you
may not download any software or material you do not have the
right or license to use, such as commercial software from other
Internet users. You may not upload anything, such as certain cryptographic
applications, that will violate local, state, or federal law.
If, upon reasonable suspicion and after reasonable investigation,
Parallax Systems finds a violation of this provision, Parallax
Systems reserves the right to notify appropriate state and/or
B.) Your Parallax Systems account entitles you to e-mail storage
space of up to 5 megabytes. If additional storage space is required, Parallax Systems will
charge for additional disk usage according to the current Parallax
4. Change of Terms, Condition and Services
Systems reserves the right to alter the pricing, offerings, terms
and conditions of service at any time. An electronic, online copy
of this AUP in effect is at the following Web address: http://www.parallax.ws
You are charged with responsibility for checking this page for
any updates, and your continued use of Parallax Systems services
constitutes your agreement to the modified terms.
B.) Parallax Systems does provide configuration assistance and
limited free technical support for software it distributes to
you in connection with your purchase of Internet services from
C.) Parallax Systems does not provide technical support for software
which it has not distributed to you in connection with your purchase
of Internet services from Parallax Systems, nor does Parallax
Systems make any warranties as to any software you may use in
connection with your Parallax Systems account; the respective
author/copyright holder's warranties apply. Further, Parallax
Systems does not provide technical support for any hardware you
use for your Internet connection that you did not purchase from
Parallax Systems. Parallax Systems support guidelines are published
on the Internet at the following Web address: http://www.parallax.ws/support.htm.
D.) Of course, Parallax Systems cannot guarantee overall Internet
performance, nor the performance or availability of any server,
service or site on the Internet at large which you may otherwise
access through your Parallax Systems Account.
5. System Use Policies
are a great many users sharing Parallax Systems network facilities,
and we are committed to providing good, consistent service to
all subscribers. For this reason, we ask that you observe the
following guidelines in the usage of your Parallax Systems account:
1. Do not maintain a connection to your dial-in account when you
are not actively using the Internet, and be sure to log out of
the system when you are ready to end an Internet session.
2. Multiple, simultaneous logins of the same account are prohibited
3. Our flat-rate accounts are not intended to serve as extended
or full-time (24 x 7) connections to the Internet. If you find
that you need a full time (24 x 7) connection to the Internet,
please contact us for information on our dedicated access services.
4. As a rule of thumb, we request that you limit your online sessions
to two (2) hours each. We do not mind if you log on several times
a day, but please take a break from time to time to allow others
the opportunity to get online. Unless you are paying a dedicated
connection, you should not expect to be able to stay logged on
5. In order to ensure all users equal access to Parallax Systems
resources at peak times, we reserve the right to terminate any
particular user sessions that has continued excessively. Parallax
Systems also reserve the right to terminate any particular user
sessions that has idle time of 15 minutes or more. As well, we
reserve the right to terminate one or all-multiple connection
sessions when we encounter your username logged in multiple times
simultaneously at one or multiple locations.
6. In order to eliminate the possibility of unnecessary automated
redial, we reserve the right to disable user access up to a specific
amount of time.
7. A Parallax Systems Personal Page is just that--a *personal*
page. As such, commercial materials or content promoting a business
is inappropriate for display on Parallax Systems Personal Pages.
Parallax Systems offers, as a separate service, affordable, commercial
Web hosting solution for your small business.
8. Sexually explicit and patently offensive content; materials
that otherwise violate federal, state or local law; and materials
and content that threaten the security or utility of the Parallax
Systems network, are strictly forbidden in any Parallax Systems
Web service to which you subscribe --personal or commercial.
Systems reserves the right to remove from public view any material
or content brought to its attention that violates this AUP.
C.) The services
you purchase from Parallax Systems are not transferable. You may
not resell or share your Parallax Systems account services.
6. Information Policy
reserves the right to filter content it deems to fall under the
definition of "spamming" or in accordance with this
AUP and applicable law. Furthermore, e-mails determined to contain
a virus, will be filtered. You are free to subscribe to any mailing
lists, but as with newsgroups, some information may seem offensive
to you. Just follow proper procedures for subscribing and, if
you don't like what you are receiving please change or unsubscribe
from that list or newsgroup. As a Parallax Systems client, you
are solely responsible for monitoring usage of your Parallax Systems
Internet accounts, including use by your children.
7. Procedures & Accounting Matters
A.) Our AUP
is under constant review. We consider comments from our users
and from experienced staff. We will change this document from
time to time. You are subject to the AUP in effect at the time
you sign up for Parallax Systems services, and to each revision
of the AUP that becomes effective subsequently, without further
B.) Account cancellations should be directed in writing to our Accounting
Department via e-mail to firstname.lastname@example.org,
via mail at P.O. Box 908, Richmond, IN 47375.
for change of username or password on your dial-up account should
be directed to our Business Office at (765) 962-3770.
checks are subject to a $20.00 returned check fee.
to pay invoices for service in a timely fashion will result in
your service being disconnected.
F.) Any unpaid
service fees will be collected at subscriber expense.
Systems considers the complaints and comments from other users
on the Parallax Systems, as well as those of system administrators
from other Network Service Providers. We will take immediate action
against any Parallax Systems subscriber who abuses any of our
facilities or services. Some types of conduct which is inappropriate
on the Internet, and thus prohibited while using your Parallax
Systems, are (a non-exhaustive list):
a.) Posting commercial/marketing/advertising/sales materials in
non-commercial areas (for example, in a newsgroup dedicated to
the discussion of the political significance of the two-party
system of government, you should not post a message that you have
a watch for sale), or sending unwanted/unsolicited commercial
e-mail ("UCE"). This activity is called, aptly enough,
b.) posting "chain letters" -- these are "illegal"
under federal and state law, and are inappropriate on paper and
on the Internet;
c.) e-mailing or posting (in newsgroups, IRC or otherwise) abusive,
vulgar or threatening messages; and
d.) gaining unauthorized access to any network, either by use of
an access account that is not yours, or by engaging in otherwise
B.) In addition
to this AUP, the provisions of all applicable laws apply to your
use of Parallax Systems facilities.
C.) Users that access the Internet through Parallax Systems services
must comply not only with Parallax System's AUP as well as the
AUPs of the Network Service Providers whose networks they access.
Systems will review all complaints or instances of your inappropriate
use brought to our attention and will decide what action to take,
which action may be termination of your Parallax Systems account.
E.) If you
have any complaints about another subscriber's use of Parallax
Systems facilities, or if you are subjected to any inappropriate
use of Parallax Systems facilities, please contact our office
immediately. You may send e-mail to email@example.com.
F.) If you
suspect or have proof of a hacking or break-in attempt on your
machine you may call (765) 962.3770 or you may e-mail to firstname.lastname@example.org.
A.) All services
provided to you by Parallax Systems may only be used in accordance
with applicable laws, statues, regulations and rules and solely
for lawful purposes. Transmission, promulgation, theft, procurement,
communication, alteration, publication or storage of any information,
protected material or property, data or any other material in
violation of any national law of any sovereign nation, any International
law, the United State Annotated code, or of any state or local
law, regulation or rule is strictly prohibited. This includes,
but is not limited to, any material, data, matter, software/soft
code, intellectual property protected by copyright, trademark,
privacy of property right, personal or property right, trade secret,
or any other statute. Further, it is unlawful and a violation
of this AUP to communicate, transmit, or promulgate in any matter,
means or medium, any threatening, harassing, or obscene material,
matter, communication of any sort, or to otherwise use Parallax
Systems services for any illegal or unlawful purposes.
B.) With the
exception of ensuring that personal web pages are not used for
commercial purposes, Parallax Systems does not "patrol"
the content published by its clients. Parallax Systems does, however,
review complaints submitted with respect to other potential violations
of this AUP and applicable laws, and will investigate those complaints
and take action it deems appropriate, up to and including cancellation
of a user's service.
C.) You will
indemnify and hold harmless Parallax Systems, its officers, shareholders,
agents, employees and its other subscribers from any and all claims,
costs, expenses, judgments, causes of action attorney fees, litigation
and court costs, resulting from the subscriber's use of Parallax
Systems services in any manner, whether directly or indirectly
or by any act of omission or commission.
D.) You are
solely responsible for the knowledge of and adherence to any and
all laws, statutes, rules and regulations pertaining to:
1. to your use of any Parallax service, and
2. the communications means by which you connect your terminal,
personal computers or other device to Parallax Systems services
or to any services provided by Parallax Systems.
E.) Your rights
herein granted cannot be transferred, shared, sold, or used by
anyone other than yourself. Only one login session per account
may be used at any given time. Accounts that have been transferred
to other parties or show other activity in violation of this paragraph
are subject to immediate cancellation.
Systems has the right to delete all e-mail, data files, or other
information that is stored in your account if either you or Parallax
Systems terminate your service, for any reason.
Systems shall have the right to suspend or cancel your account
at any time, for reasonable cause, without notice. "Cause"
includes, but is not limited to, nonpayment for services; violation
of this AUP; excessive idle time online, as determined by Parallax's
network administrator; and use of your account to engage in violation
of any federal, state or local statute.
H.) No warranty
is made by Parallax Systems regarding any information, services
or products provided through, in connection with, or located on
the computer systems of Parallax Systems or any other services
provided by Parallax Systems, and Parallax Systems hereby expressly
disclaims any and all warranties, including without limitation:
1. any warranties as to the availability of Parallax Systems products
or services, or the accuracy of content or information, products;
2. any warranties of merchantability or fitness for a particular
Systems shall have no liability for damages caused or allegedly
caused by any failure of performance, error, omission, interruption,
electrical surge or damage or interference, deletion, defect,
delay in operation or transmission, communication line failure.
Theft or destruction of or unauthorized access to, alteration
of, or use of records whether for breach of contract, tortuous
behavior negligence, or under any other cause of action, shall
be strictly limited to the amount paid by you or on your behalf
to Parallax Systems for the current month.
J.) No agent,
employee, or representative of Parallax Systems has any authority
to bind Parallax Systems to any affirmation, representation, or
warranty concerning the services provided by Parallax Systems.