Terms of Use
Thank you for choosing The Computer Works, ISP (hereinafter "TCWorks.net") as your Internet Service Provider. When using TCWorks.net's service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure that you and all other TCWORKS.NET customers have a high quality service that is being used appropriately by all customers. By establishing and using your TCWORKS.NET account, you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies: TCWORKS.NET is a private company providing a commercial gateway to the Internet. TCWORKS.NET's equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise enjoy all legal aspects of the Internet, subject to these Terms and Policies (referred to in this document as "the Service").
This service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
TCWORKS.NET grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license, or transfer any rights or obligations of the Service without the express written consent of TCWORKS.NET.
Usernames must consist of 3-16 characters, all lowercase letters or numbers. Profanity is not permitted within the username. Passwords can be any combination of upper and lowercase letters and numbers and must be a minimum of 7 characters.
2. Coverage: If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
3. Prices and Charges: TCWORKS.NET charges are outlined here, with details for Standard Phone Connection, ISDN, DSL, Wireless, Web Hosting / Domain Registration.
Charges are due the fifth day of the month of service. If you fail to pay for your account before the 5th day of the month, TCWORKS.NET may without further notice suspend your account. There is a $5.00 accounting charge to reactivate suspended accounts. Suspension does not remove your responsibility to pay all fees incurred up to the date that TCWORKS.NET suspends your account. If TCWORKS.NET incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount you owe. After a suspended account is delinquent for 30 days, it will be deleted. Deleted accounts require a $19.95 reactivation fee paid together with any outstanding balances to resume service. Any checks returned by the issuing institution will be charged a processing fee of $15.00.
4. Term: The Service is provided to you on either a month-to-month or every 12 months basis. TCWORKS.net must receive notice of termination (by first-class mail or by speaking with someone in the billing department in person or by telephone) from you at least 5 days prior to your service term agreement anniversary, or the Service will be provided and charged to you for the following month or 12 month term. Your service renewal will match your past service term selection. Total or partial yearly and monthly payments are non-refundable. Please note that your notice of termination may not have been received and processed if you have not received confirmation from the billing department.
5. Grounds for Suspension and Termination: You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for TCWORKS.NET to suspend or terminate your account. You agree that TCWORKS.NET has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming");
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient;
d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;
e. Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, excessive download traffic for the Subscriber's web page or site, sending excessive e-mail traffic, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups;
g. Using the Service to operate server programs, including but not limited to mail servers, IRC servers, ftp servers or web servers.
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;
l. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s) or the ir connectivity, including but not limited to syn flood attacks and smurfing,
m. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
6. Security: You agree not to access or attempt to access private areas of the Service. You agree to notify TCWORKS.NET as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property: TCWORKS.NET does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If TCWORKS.NET is informed of an alleged copyright or trademark infringement on the Service, TCWORKS.NET will attempt to notify the effected Subscriber(s) of those allegations and secure a response. TCWORKS.NET may, at its sole discretion, remove on a temporary or permanent basis, materials which TCWORKS.NET believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against TCWORKS.NET for any such removal.
8. Liability: You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by TCWORKS.NET, neither TCWORKS.NET nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. TCWORKS.NET neither endorses nor is responsible for the accuracy of such material, and you agree that TCWORKS.NET is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on TCWORKS.NET's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless TCWORKS.NET and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service which results in damages to TCWORKS.NET as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.
9. Warranty: TCWORKS.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY TCWORKS.NET OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY TCWORKS.NET ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; TCWORKS.NET DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. TCWORKS.NET DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.
10. Content: You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. TCWORKS.NET has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
11. Dial-up Connection: TCWORKS.NET may terminate a dial-up Subscriber's connection following 20 minutes of inactivity as determined by TCWORKS.NET. Attempts to defeat this mechanism may result in termination of service.
Dial-up sessions are limited to a length of 9 hours. After your computer has been logged on for 9 hours in one session our equipment will automatically disconnect you. If at that 9 hour mark you are still actively using the connection, you can reconnect and resume your session. Exemptions to this 9 hour disconnect rule are granted on an individual basis, contact support for more information.
12. Web Content: As part of a subscriber's service, TCWORKS.NET offers either personal or commercial "Web Space" for ISDN and dial-up connections. Allowed content of this space is outlined in the "Terms of Web Space Use."
13. Privacy: TCWORKS.NET commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. TCWORKS.NET will not provide names, addresses, telephone numbers, e-mail addresses, usernames, passwords, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. TCWORKS.NET may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. TCWORKS.NET may provide aggregate data on Subscribers to third parties.
14. Changes: TCWORKS.net may change at any time and for any reason these terms of service and acceptable use policies. Revised terms and policies will be posted at http://www.tcworks.net. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, you must inform TCWORKS.net (by first-class mail or by speaking with someone in the billing department in person or by telephone) at once, and your account will be closed. Please note that your notice of termination may not have been received and processed if you have not received confirmation from the billing department.
15. Payment and Correspondence: To insure proper credit to your account, regular monthly payments should be mailed or brought to the TCWORKS.NET office in Conway, AR. No other agencies or companies (other than our collection agency for past due accounts) are authorized to collect payments for the Service. Payments, cancellation notices, and other correspondence should be mailed to:
The Computer Works, ISP
1180 Collier Dr.
Conway, AR 72032
