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Introduction
Epic Touch Company
strives to maintain an Internet Access Service ("Internet
Service") that provides its customers with an enjoyable Internet
experience, and an experience that is free from interference by
persons who may use the Internet Service in an improper or
unlawful manner. Our Terms of Service Agreement ("Agreement")
has been developed to provide safeguards for both you the
customer and for Epic Touch Company. Epic Touch Company is
dedicated to providing its customers with exceptional Internet
Service. At times
this may mean that a customer who abuses or violates this
Agreement will have his\her Internet Access or Internet Services
suspended, denied, or limited without prior notice.
The Agreement uses the term ‘customer’ to mean the
person/persons who subscribed to the Internet Service and also
any person/persons that use(s) the Internet Service through a
subscriber's account. Use of the service by a customer
constitutes acceptance of the
Agreement.
Warranties/Disclaimers
The Internet is an
international computer network. The Internet is not owned,
operated, or managed by, or in any way affiliated with Epic
Touch Company or any of Epic Touch Company’s affiliates.
Customers who use Epic Touch Company Internet Service and
the Internet do so solely at their own risk.
Such use is subject to
all applicable local, state, national and international laws and
regulations. Epic
Touch Company is not financially liable to customers for any
harm that may occur through their use of Internet Services or
the lack of service, regardless of whose fault it might be.
Security
Since the Internet is a
shared medium for communication, there is no guarantee
information sent through the Internet will be totally secured or
kept confidential. Customers are encouraged to safeguard their
username and passwords associated with Internet Services.
They are also encouraged to have the latest Internet
Security or firewall software on their computers to limit
security risks.
Service Package Expectation
Email Account: Each email account is
given 50 MB for storage. This email storage is not backed up by
Epic Touch Company.
In the event of hardware or other failure, the customer's email
files may be inaccessible. With this in mind, customers should
download their email to their local computer in case of such
failure.
Once a customer’s email
account reaches the 50 MB limit then Epic Touch Company has the
right to delete the emails from its mail server and/or suspend
the email account without prior notification to the customer.
The email files, once deleted, will no longer be available to
the customer.
If customers cancel their
service or their account becomes delinquent, their email account
will be deactivated and the emails on Epic Touch Company's email
server will be deleted.
The maximum message size
of an email is 5 megabytes.
Epic Touch Company
reserves the right to reject or filter email to its mail servers
based on source address and content without notification to the
customer.
Bandwidth:
Each customer of Epic Touch Company Internet Service subscribes
to a bandwidth (speed) package. Additional information and a
speed test can be found on
Epic Touch Company’s Knowledgebase.
During peak network load
or usage, a customer may experience bandwidth less than ideal.
During a peak usage or load period, Epic Touch Company reserves
the right to implement traffic controls to manage the
connections and bandwidth in order to provide better service
across the network. The traffic controls are only implemented to
resolve congestion. During peak usage or load periods, some
customers may experience bandwidth less than ideal.
Usage:
Most customers are familiar with
purchasing a service that is based on the amount of consumption.
For instance, the electric company charges a customer by the
number of Kilowatt-hours that is used.
The usage for Internet
Service is the amount of data that is transferred over a
customer’s Internet Service line.
A typical customer will
only use 10-15 GB in a typical month.
With a webpage size of
100 kilobytes of data, a customer could view over 1 million web
pages to reach 100 GB of usage. Or, a customer could download
approximately 20,500 songs that are 5 megabytes each before
reaching the 100GB of usage.
When a customer’s
Internet Service shows usage at or above the 100 GB per month,
the customer may be contacted by Epic Touch Company. The
customer and an Epic Touch Company representative will discuss
the usage and try and determine if the high usage is adversely
affecting the Internet Service and if the usage is in accordance
with this Agreement.
Non-transferability of Account
Customers can not share,
loan or re-sell their Internet service to another person or
persons. This includes allowing a wireless router to be
unsecured and accessible by users outside of the paid service
location.
Network Address Ownership
IP addresses
assigned to a customer are the property of Epic Touch Company
and loaned to the customer for service access. The IP address
assigned to a customer may change during the term of service.
The IP address will revert back to Epic Touch Company when the
customer service is disconnected.
Compliance with All Laws
Customers
shall comply with all federal, state or international laws while
using the Internet Service. The customer is fully responsible
for said compliance and the customer agrees to hold Epic Touch
Company harmless for any violation by the customer.
Internet Content Limitation and Access
The term "content" means
information, or material of any type capable of being posted or
transmitted on or through the Internet Service, including
material in print, graphic, pictorial, audio, and/or visual
form.
Epic Touch Company's
Internet customers or users agree not to post, transmit, or
store on or through the Internet Service any content that
a) infringes another person’s or entity’s copyright in all or
part of the content.
b) dilutes or otherwise violates another person’s rights in its
trademarks, service marks, trade dress, or other indicia of
origin.
c) reveals trade secrets, or other confidential or proprietary
information belonging to another person, or other entity.
d) is deemed as unsolicited email , SPAM and/or content that
contain worms, viruses, Trojan Horses or other code or programs
that have a destructive or nuisance payload.
e) is unlawful, threatening, harassing, abusive, harmful,
libelous or defamatory, hateful, indecent, obscene, or otherwise
objectionable, or which may encourage conduct that would
constitute a criminal offense, or give rise to civil liability.
f) is a considered to be illegal or fraudulent under local,
state and federal laws.
Epic Touch
Company's Internet Service customers or users may receive or be
exposed to content, goods or services which they consider to be
improper, inaccurate, misleading, defamatory, obscene or
otherwise offensive. Epic Touch Company shall not be held
accountable for such content.
Unacceptable Activities
Epic Touch Company
customers agree not to:
a) attempt unauthorized access to any host, network or account.
This is commonly referred to as hacking, cracking, port
scanning, or ping flooding;
b) cause interference with other users' Internet Service due to,
but not limited to, excessive bandwidth utilization, or hosting
Internet servers without Epic Touch Company's permission;
c) impersonate any person or entity;
d) conduct denial of service attacks.
Cooperation with Authorities
Epic Touch Company will
adhere to any subpoena or lawful intercepts that are properly
filed by law enforcement agencies.
Monitoring and Privacy
Epic Touch Company
monitors its Internet Service. This monitoring allows Epic Touch
Company to proactively address network issues so that an
acceptable level of service can be maintained for all customers.
This monitoring may include identifying specific customer’s
Internet traffic that is adversely affecting Epic Touch Company
Internet Service. The information from such monitoring may be
shared or transmitted to Epic Touch Company employees or vendors
to assist in identifying traffic that is adversely affecting
Epic Touch Company’s Internet Service.
Right to Suspend or Cancel Accounts
Epic Touch Company has
the right to cancel, suspend or limit a customer’s Internet
Service for the following reasons:
a) The customer account becomes delinquent.
b) The customer fails to comply with the Terms of Service
Agreement.
c) The customer's Internet activity is adversely affecting the
integrity of Epic Touch Company’s Internet Service.
d) The Internet Service equipment needs maintenance or replaced.
Epic Touch
Company has the right to cancel or suspend a customer’s email
account for the following reasons:
a) The customer's account becomes delinquent.
b) The customer fails to comply with the Terms of Service
Agreement.
c) The customer’s email account is inactive for 20 days.
d) The customer’s email account size is over the maximum limit.
e) The customer's email activity is adversely affecting the
integrity of Epic Touch Company’s Internet Service.
f) The Internet service or email equipment needs maintenance or
replaced.
Right
to Modify or Change TOS
Epic Touch Company
reserves the right to update, modify or change the Agreement. A
current Agreement will be posted at
www.elkhart.com\TOS.htm.
Customers will need to periodically review the Agreement to
determine what changes have been made. The Agreement
supersedes all previous representations, understandings or
agreements.
Use of the service by a customer
constitutes acceptance of the Agreement.
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