Terms
and Conditions
Acceptable Use Policy
Spamming Policy
Abusive Users
Terms
and Conditions
Pioneer Internet Services Inc. (PioneerIS) offers Internet Access
Service to you subject to the Terms and Conditions and PioneerIS
operating policy, which is incorporated herein and referred to
as the Acceptable Use Policy and Billing Policy. These Terms
and Conditions are more particularly described below and considered
executed upon your usage of PioneerIS.
1. You represent that
you are at least eighteen years old. You are
entirely Liable for all activities conducted
through your account. You may permit another
individual in your immediate household to use
your account subject to your supervision and
with assumption of all resulting liabilities.
One dial up connection is permitted per account.
Multiple, simultaneous connections will be subject
to additional charges. As certain materials available
through the Internet may not be suitable for
minors, PioneerIS strongly recommends close parental
supervision of all Internet activities conducted
by minors. PioneerIS exercises no control over
the content of the information passing through,
and you are forewarned that some information
you receive may be offensive or obscene. If you
are offended by any such information, you acknowledge
that by signing onto PioneerIS you have read
this warning and do not hold PioneerIS responsible
for any information that is accessed through
our service.
2. You are responsible for providing,
operating and maintaining the necessary cabling,
computer hardware and software used for this service
at your site. All local access installation and
dialup costs are your responsibility. Pioneer IS
not responsible for any or all long distance or
telephone charges incurred by the use of our service.
It is understood that PioneerIS does not own or
control the various cable, telecommunications or
other facilities to which it may provide access,
arrangements for use of, or access to, such facilities
must be made with those who own or control them,
which is normally your local telephone company.
3. Payment Plan - For use of
PioneerIS, you shall commit to PioneerIS through
your credit card the full service costs. Service
Commencement is initiated on the basis of the receipt
of the validated credit card information committing
to the appropriate fees. PioneerIS will then charge
your credit card. In absence of a credit card,
you shall commit to PioneerIS through cash or check
the full service costs payable immediately upon
Service Commencement.
4. These Terms and Conditions
shall extend from the Initial Service Commencement
date and are subject to change at any time. You
shall remain responsible for all relevant fees
for any service used. Relevant fees refer to the
published price of PioneerIS Fee Schedule. You
are responsible to give prompt notification to
PioneerIS of any changes in your name, address,
phone number, or credit card information. Termination
of the PioneerIS will only be accepted in writing,
fax (692-0740), or by phone by the owner of the
account. PioneerIS can terminate this account at
will for any reason it solely determines. You specifically
waive the right to sue or ability to subrogate
those rights for any losses.
5. All notices given by you
or required under these Terms and Conditions shall
be in writing and addressed to Pioneer Internet
Services Inc., 560 Route 211 East, Middletown,
New York, 10940, or emailed to billing@PioneerIS.net
No other termination mechanisms are acceptable.
6. You shall not sell, transfer,
or assign these Terms and Conditions without the
prior written consent of PioneerIS. Any act in
derogation of the foregoing shall be null and void;
provided, however, that any such assignment shall
not relieve you of your obligations under these
Terms and Conditions.
7. PioneerIS exercises no control
whatsoever over the content of the information
passing through PioneerIS. PioneerIS makes no warranties
of any kind, whether expressed or implied, for
the service it is providing. PioneerIS also disclaims
any warranty of merchantability or fitness for
a particular purpose, and any obligation to maintain
the confidentiality of information, although PioneerIS'
current practice is to utilize reasonable efforts
to maintain such confidentiality. PioneerIS will
not be responsible for any damage you suffer from
use of PioneerIS. This includes loss of data resulting
from delays, non deliveries, misdeliveries, or
service interruptions caused by its own negligence
or your error or omissions, or due to inadvertent
release or disclosure of information sent by you.
Use of any information obtained via PioneerIS is
at your own risk. PIoneerIS specifically denies
any responsibility for the accuracy or quality
of information obtained through its services.
8. PioneerIS may only be used
for lawful purposes and in accordance with the
Acceptable Use and Billing Policy. Transmission
of any material in violation of any local, state,
Federal or international regulation(s) is prohibited.
This includes, but is not limited to: copyrighted
material, material legally judged to be threatening
or obscene, or material protected by trade secret.
You agree to indemnify and hold harmless PioneerIS
from any claims resulting from your use of the
service which damages you or another party.
9. The use of PioneerIS Link
to transmit certain kinds of information (including
without limitation, computer software and other
technical data) may violate export control laws
and regulations of the United States, whether that
information is received abroad or by foreign nationals
within the United States. Since PioneerIS exercises
no control whatsoever over the content of information
passing through the PioneerIS Link, the entire
burden of complying with such laws and regulations
rests with its customers. You agree to comply with
such laws and regulations and to indemnify and
hold PioneerIS harmless from any damages it may
suffer resulting from any violation of the export
control laws of the United States.
10. Except for the indemnity
provisions in Sections 8 and 9, neither party shall
be liable to the other for any loss, damage, liability,
claim or expense arising out of or in relation
to these Terms and Conditions or the provision
of the PioneerIS link, however caused, whether
grounded in contract, tort (including negligence)
or theory of strict liability. In no event shall
either party be liable for any loss of data or
profits through use of the PioneerIS link, or for
any special, incidental, indirect or consequential
damages arising out of or in relation to these
Terms and Conditions.
11. All services to be provided
by the Customer either in part or in total through
PioneerIS are subject to relevant Federal and State
and International regulations. If these same services
are offered through other networks, PioneerIS accepts
no responsibility for their authorization. PioneerIS,
or other relevant authorities may determine inappropriate
usage of PioneerIS link and may be revoked at our
discretion.
12. Any access to other networks
connected to PioneerIS link may require approval
of the respective network authorities and use will
be subject to any acceptable usage policies such
networks establish.
13. If any provision of these
Terms and Conditions are held by a court of competent
jurisdiction to be contrary to law, the remaining
provisions of these Terms and Conditions will remain
in full force and effect.
14. These Terms and Conditions
supersede all previous representations, understandings,
or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order
submitted. Use of PioneerIS constitutes acceptance
of these Terms and Conditions. These Terms and
Conditions may be modified by PioneerIS at any
time. Continued use of PioneerIS following such
modifications constitutes acceptance of these Terms
and Conditions, as modified. To the extent of any
conflict between these Terms and Conditions and
the PioneerIS Acceptable Use and Billing Policy,
these Terms and Conditions shall take precedence.
PioneerIS encourages you to regularly check these
Terms and Conditions online through the PioneerIS
homepage (located in our Users Support Forum).
15. These Terms and Conditions
shall be deemed to have been made in Orange County,
New York, and shall be construed in accordance
with the laws of the State of New York. All actions
or proceedings relating, directly or indirectly,
to these Terms and Conditions shall be litigated
only in courts located within the County of Orange,
New York.
16. These Terms and Conditions
represent the complete agreement and understanding
of the parties with respect to the subject matter
herein, and supersedes any other agreement or understanding,
written or oral.
We believe that how you use
our system and the Internet is your affair. We
assume that you will be able to transfer files,
use mail, use the World Wide Web, and other Internet
services freely. We expect to be available to you
(barring disruptions beyond our control) 24 hours
a day. We do reserve the right to impose limits
in the event of unusually heavy-usage. We may,
in rare instances, have to restrict your usage
of our disk space or bandwidth if it threatens
our systems security or stability. We reserve the
right to bring the systems down occasionally for
maintenance. And the right to prohibit activities
that in our judgment have the potential to damage
other customers or our service. So that your use
is as enjoyable as possible, we ask that you:
Monitor the activities of household
minors using your account. (There is material available
through the Internet that is inappropriate for
access by minors. To assist you in your supervision
of household minors use of the Internet, we can
either suggest for use or sell at cost software
that limits and restricts access to the Internet.)
News Group (Usenet) Spamming
Posting a single article or advertisement to more
than ten (10) newsgroups or forums will be considered
a spam. Posting off-topic mailings to any newsgroups,
will be considered spamming. First complaint will
result in a $100 charge plus $25 per additional
complaint. Sender will only receive one warning
with the above charges. The second will result
in termination of the senders account, plus the
above charges.
