Member Agreement & Acceptable Use Policy
CGI-Communication ("CGI") is an Internet access and Internet related service company. This member agreement, together with your Contract and Application, the policies referenced in this Agreement, and [other written terms and conditions of the member’s usage, if any], constitutes the entire agreement ("Agreement") between you ("you" or "Member") as an authorized user of CGI and CGI. By using CGI, you confirm your acceptance of, and agree to be bound by, this Agreement.
The Agreement has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of CGI systems and network, and the networks and systems of others
- Maintain the image and reputation of CGI as a responsible provider
- Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
- Preserve the privacy and security of individual users
1. CGI Usage
1.1 You may send and receive electronic mail ("Email"), engage in conferences and chats, download and upload files and otherwise use CGI as permitted by this Agreement, CGI's policies and applicable law. CGI policies relating to online conduct, storage and deletion of Email and uploaded files, conferences, and other matters are available online. CGI reserves the right in its sole discretion to change Companies policies at any time.
1.2 You are responsible for your communications via CGI. You may not, under any circumstances, do any of the following; (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via CGI; (b) use CGI to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) use CGI in a manner that adversely affects the availability of its resources to other Members; (g) send Email to Members or the Internet community for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Members (except as other wise expressly permitted by CGI); (h) act, or fail to act, in your use of CGI, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership.
1.3 You agree to be solely responsible to (a) maintain all equipment required for your access to and use of CGI; (b) maintain the security of your Member identification, password and other confidential information relating to you CGI account; and (c) be responsible for all charges resulting from use of your CGI account, including unauthorized use prior to your notifying CGI of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your CGI account (including changing your password) is available.
1.4 System abuse is strictly prohibited. CGI may terminate or modify service immediately and bill for any resulting support charges if the client engages in system abuse. Following is a list of actions defined to be system abuse. This list is non-exclusive, any action about which there is any doubt should be referred to CGI for evaluation.
Actions that constitute system abuse include, but are not limited to:
- Attempting to circumvent user authentication or security of any host, network, or account on CGI systems or the Internet at large ("cracking");
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
- Forging email or USENET posting header information;
- Sending large numbers of unsolicited mail messages (i.e. "junk mail"); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
- Forwarding or posting "chain letters" (multiple forwarding) of any type;
- Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose;
- Running or attempting to run applications capable of port scanning, network ping sweeps, ICMP queries, operating system detection, automated discovery tools, automated scripts or bots, denial-of-service attacks, smurf attacks, SYN flooding, Web pilfering, or applications that try and obtain information not readily available or is public knowledge;
- Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own;
- Engaging in harassment, whether through language, frequency, or size of messages;
- Using an account at another provider to promote CGI's Website in an abusive manner;
- Using a CGI account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider;
- Reselling CGI services to third parties.
CGI reserves the complete and sole discretion with respect to the operation of CGI. CGI may, among other things: (a) delete Email if it has not been accessed by a Member within thirty - (30) days; (b) subject to Section 1, make available to third parties information relating to CGI and Members; and (c) withdraw, suspend or discontinue any functionality or feature of CGI. CGI will not review or monitor the contents of Email except as required or allowed by applicable law or legal process.
3. Member Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use CGI in accordance with this Agreement. You agree to be financially responsible for your use of CGI (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
CGI does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of CGI, other than information provided by authorized CGI spokespersons. Statements made in forums, e-mail and discussion groups reflect only the views of their authors. Neither forum managers nor Content Service Providers are authorized CGI represenatives, and their views do not necessarily reflect those of CGI. Advice received via CGI should not be relied upon for important personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Software or content (email, etc.) obtained from the use of CGI Services may contain viruses or other harmful features, and Member is solely responsible for protecting its equipment and software from such matters. Through the use of the Service, Member may obtain or discover content, which is offensive or illegal, and Member assumes the risk and is solely responsible for its access to such content.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising CGI, are wholly owned by CGI. CGI has a compilation copyright in CGI but does not possess, claim ownership of or exert control over individual uploaded files, Web pages or Personal Web pages or the intellectual property contained therein.
6. Customer Premises Equipment
All equipment supplied and installed by CGI at Member's premises, except for any equipment purchased and paid for in full by Member, will remain the property of CGI or its assigned agents. Member shall not alter, modify or tamper with the equipment nor will Member relocate the equipment. Member may not mortgage, sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Member shall pay for the full retail cost of the repair or replacement of any lost, stolen, un-returned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part hereof, together with any costs incurred by CGI in obtaining or attempting to obtain possession of any such equipment.
7. No Warranties and Limitation of Liability
7.1 CGI and all CGI software and services are provided "as is," and CGI makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. CGI makes no representations or warranties regarding goods or services provided by Internet sites no in the direct or indirect control of CGI. CGI does not warrant that access to or use of CGI service will be uninterrupted or error-free, or that CGI or CGI software or services will meet any particular criteria of performance or quality. CGI expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
7.2 Your use of CGI and all CGI software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including CGI software) obtained through CGI. You agree that CGI, and providers of telecommunications and network services for CGI, will not be liable for damages (including consequential or special damages) rising out of your use of or inability to use CGI or any CGI software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if CGI has been advised of the possibility of damages. CGI's liability to you for breach of this agreement is limited to the amount actually paid by you for access to and use of CGI for the period of the breach. You hereby waive any and all obligations, liabilities and claims against CGI in excess of this limitation, and release CGI from any and all obligations, liabilities and claims in excess of this limitation.
7.3 The installation, use, inspection, maintenance, repair and removal of equipment by CGI may result in service outages or potential damage to member's computer. Member therefore agrees to back-up all existing computer files by copying them to another storage medium prior to installation of the equipment. CGI shall have no liability whatsoever for any damage to or loss or destruction of any of member's equipment, software, files, data, or peripherals.
8. Acceptable Use
Member acknowledges that the Wireless Internet Service is to be used only for client-side access to the Internet. Client-side access is defined as all traffic initiated from the Member's computer. For example, client side access does not permit the use of CGI for serving content through, but not limited to, FTP, HTTP, SMTP, POP3, Game Servers, Audio files, Video files or any service which requires service initiation from outside the Member's computer or network.
9.1 CGI will not provide you with a statement of charges on your credit card account when such charges are incurred and/or paid. Unless you notify CGI of any discrepancies or irregularities within forty-five (45) days after they first appear in your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release CGI from all liability and claim of loss resulting from any error discrepancy that is not reported to CGI within forty-five (45) days of its publication date.
9.2 CGI reserves the right to suspend or terminate your CGI membership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to CGI when CGI believes you are liable for the charge. If you are paying by invoice, CGI reserves the right to suspend or terminate your membership without notice upon payment being returned because of insufficient funds. Such rights are in addition to and not in lieu of any other legal rights or remedies available to CGI.
9.3 You agree to pay a late charge on all amounts due but not timely paid and which remain unpaid for fifteen (15) days after due date. The late charge will equal $5.00 per overdue invoice until paid. CGI reserves the right to refer your account to a third party for collection in the event of ongoing default.
9.4 Your CGI membership fee is payable in advance and is non-refundable. You agree that CGI submit charges for your membership fee each month without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before CGI reasonably could act on your notice.
9.5 You must promptly notify CGI of changes to: (a) the account number or expiration date of your designated card and (b) if invoiced, your billing address. You must also promptly notify CGI if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password.
9.6 If you are paying membership fee with invoice or statement, your membership fee is payable in advance and is nonrefundable. Invoices are sent on or about the anniversary date of your account. The anniversary date is the date at which your account became active or installed. CGI-Communication services are not pro-rated for any reason. Accounts with membership fees forty-five- (45) days overdue will be terminated and a $25.00 fee will be applied to restore service.
9.7 Member agrees to pay all costs of collection of any amounts owed to the CGI by Member, including, without limitation, attorney’s fees and legal costs.
10. Assignment; Household Use; Minors
Your CGI membership is personal. Subject only to this Section10, you agree not to assign, transfer or sublicense your rights as a Member. You may allow other members of your household or business to use your CGI account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You acknowledge that you are aware that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your CGI account.
11. Effective date, Termination, Additions, Upgrades, Changes to terms
11.1 This Agreement shall remain in effect throughout the term (the "Term") specified by Member at signup, Member’s use of CGI. Unless terminated in writing thirty- (30) days or more prior to the end of the Term, this Agreement will automatically renew for a subsequent Term of one year. After the expiration of the subsequent term, the Agreement will continue on a month-to-month basis. If the Member terminates the Agreement during the Term, the Member will be liable for a termination fee of $350.00 or the balance of the contract; which ever is the least amount.
11.2 Subscriber can upgrade current service or add services as necessary. Upgrades and additions to service will have the effect of renewing the term of the agreement beginning on the date of the upgrade or addition. CGI may, at the customers request, prorate the change or addition to align the customers billing date with other packages or services.
11.3 Your account with CGI is valid until canceled by you in a written confirmation or through a telephone confirmation with a CGI representative or other means provided by CGI. CGI will not accept account cancellations by e-mail but will contact you regarding received e-mail.
11.4 Termination of service does not constitute relief from amounts owed prior to termination, and the terms of Section 9 of this Agreement shall survive termination of the Agreement. CGI reserves the right to terminate or suspend your CGI membership without prior notice.
11.5 CGI reserves the right to change this Agreement at any time by posting changes online. You are responsible for reviewing regular information posted online to obtain timely notice of such changes. Your non-termination or continued use of CGI after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes.
12.1 CGI makes no warranties or representations, either expressed or implied, regarding the Service under in this Service Agreement and disclaims any implied warranty of merchantability and that the Service provided pursuant hereto will be fit for Subscriber's particular purpose. In particular, CGI does not guarantee uninterrupted working of the Internet or any telecommunications equipment purchased from CGI in connection with this service. Compensation for damages shall not exceed cost of connection. In no event shall CGI or its suppliers, or the technicians working on the network be liable, personally or otherwise, for any other damages whatsoever (including without limitation: damages to the subscribers computer, damages for financial loss, research or academic interruption, loss of academic information or other pecuniary or punitive loss) arising out of the use of or inability to use the service provided by CGI under this Service Agreement, even if CGI has been advised of the possibility of such damages. Subscriber shall indemnify, hold harmless and defend, its directors, officers, employees, agents, successors, and assignees against all claims (including all legal fees and disbursements), actions, or proceedings including any damages, consequential or otherwise, arising from this Service Agreement.
12.2 CGI, its affiliates and its subcontractors, will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature, including personal injuries, property damage, loss of revenue, that result in any way from your use of or inability to use the services or to access the internet or any part thereof, or your reliance on or use of offers, claims, representations, promotions, transactions, information, services, or merchandise provided on or through the internet or the services that result from mistakes, omissions, interruptions, deletion of files, errors, deflects, delays in operation, transmission, or any failure.
13.1 This Agreement is governed by the laws of the State of Arizona, USA. You consent to the exclusive jurisdiction and venue of courts in Pinal County, Arizona in all disputes arising out of or relating to your use of CGI or your CGI membership.
13.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and CGI, as a result of your use of CGI or your CGI membership. You agree not to hold yourself out as a representative, agent or employee of CGI, and that CGI will not be liable by reason of any representation, act or omission to act by you.
13.3 CGI's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of CGI's right to comply with law enforcement requests or requirements relating to a Member's use of CGI or information provided to or gathered by CGI with respect to such use.
13.4 This Agreement constitutes the entire agreement between CGI and you with respect to your use of CGI and your CGI membership. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between CGI and you with respect thereto.