PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE:
WARNING: Sexually explicit material can be obtained over the Internet. Venturecomm.net will not be responsible for any activity in which you, as the user, conduct your Internet travels. Parents may want to obtain software that will disable this type of activity.
This agreement is by and between Venture Communication Cooperative.(D.B.A: venturecomm.net), duly authorized and existing under the laws of the State of South Dakota with its office at PO Box 157, 218 Commercial Ave SE; Highmore, SD 57345, and the Customer for the provision by venturecomm.net or its subcontractors of certain electronic communication services and related items.
1. Service Warranties: With respect to the Service provided, venturecomm.net makes no warranties of any kind, expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Venturecomm.net takes no responsibility for any damages suffered by the Customer, including but not limited to, loss of data from delays, non deliveries , miss-deliveries, or service interruptions caused by venturecomm.net own negligence or Customer’s errors and/or omissions.
The customer agrees to indemnify and hold harmless Venture Communications, it’s subsidiaries, affiliates, officers and employees, for any loss, liability, claim, damage, and expenses (including reasonable attorneys’ fees) arising from or in connection with Venture Communication’s technical service, Internet service, the contents of the customer’s personal home page, use of the member’s e-mail account or any other Internet service provided by Venture Communications.
Venture Communications makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Venture Communications make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Venture Communications will not be responsible for any losses due to interruptions to the Internet service. This service is provided on an “As Is” and “As Available” Basis.
2. Acceptable Use: This Service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, state, or federal regulations(s) are prohibited. This includes, but is not limited to copyrighted material legally judged to be threatening or obscene, or material protected by trade secrets.
- Venturecomm.net customers may not resell or redistribute the Service to any third party via any means including but not limited to wireless technology.
- The Service is designed for personal use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access.
- Customers may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service, unless expressly authorized by Venture Communications.
- Customers are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.
- Customers are solely responsible for the security of any device connected to the Service, including any data stored on that device. Venture Communications recommends that you take appropriate security precautions for any systems connected to the Service. You are responsible for securing any wireless (WiFi) networks connected to your Venture Communications service. Any wireless network installed by the customer or a Venture Communications representative that is unsecured or “open” and connected to the Venture Communications network will be deemed to be operating as an ISP and subject to prohibition.
3. Use of information: Use of any information obtained via this service is at Customer’s risk. Venturecomm.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4. Inappropriate Usage: Venturecomm.net or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at venturecomm.net‘s discretion. Such activity may include but is not limited to:
- Security violation, defined as unauthorized access of this or any other system using your venturecomm.net account, whether proven or strongly suspected.
- Giving your password to someone else.
- Harassment of others in the Internet community by email, newsgroups, IRC, or any other medium using your venturecomm.net account.
- “Spamming”, defined as unsolicited information or advertisement via newsgroups or email, or propagation of such material, using your venturecomm.net account.
- IRC bots, floods, or DCC (sending/receiving of files over IRC) using any venturecomm.net server. Any user account found to be the cause of the “smart.net” domain being banned from any IRC channel or host will be terminated.
- Distribution or storage of illegal or pirated software with/from your venturecomm.net account.
5. Change of Status: Venturecomm.net will occasionally require new registration and account information by the Customer to continue this service. In addition, the Customer shall notify venturecomm.net in writing of any changes in the account information.
a. A customers account will be either Residential or Business based on their phone billing.
b. A residential customer’s home page that is determined to be business in nature shall be deemed a business account.
6. Limitation of Liability: Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of service or equipment, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. The parties agree to work in good faith to implement the purpose of this Agreement, but recognize the network connection and service to be provided by venturecomm.net could not be made available under these terms or other similar terms without a substantial increase in cost if the parties were to assume a greater liability to each other.
7. Billing and Minimum Terms: The first payment will include the activation fee which is non-refundable. The first payment may also include network connection costs, including service fees, local access, and monthly lease costs appropriate to the service selected. These fees are non-refundable. The monthly service fees are independent of the amount of traffic or systems access by users at the Customer’s location. Billing will be included on your monthly statement.
8. Security: Venturecomm.net Internet makes no warranties, expressed or implied, concerning the security of the Customer’s data or computer system(s) or network. Use of venturecomm.net Internet’s DSL Service provides a constant connection to the Internet, which may be accessible to other computers connected to the Internet. The Customer is responsible for security connections regarding his/her computer(s) or network.
9. Hosting: Venturecomm.net Internet’s DSL Service is not intended or designed for hosting of private or public Internet sites. This activity may result in immediate suspension of the user’s account and DSL service.
10. Equipment: Venturecomm.net Internet will provide Customer with equipment to enable Customer to receive DSL Service. This equipment remains the property of venturecomm.net Internet. In the event Customer terminates DSL service, Customer is responsible for returning the equipment to venturecomm.net Internet in working condition. Customer is liable for damages or loss of any equipment.
11. Bandwidth: Actual data transfer or throughput may be lower than the minimum connection speed due to Internet congestion, server speeds, protocol overheads and other factors that cannot be controlled by venturecomm.net Internet.
12. System Administrator: The system administrator has the absolute right to suspend any login at any time without cause or notice if but not limited to:
- A local user or other Internet Service Provider Webmaster or System Administrator complains of extreme abusive behavior by the login user.
- The System Administrator judges the login user’s actions to be a threat of immediate harm to any computing facility.
- The login user violates, or appears to be in violation of any provision of the venturecomm.net Internet Service Agreement and Acceptable Use Policy.
13. Venturecomm.net reserves the right to evaluate on an individual basis the bandwidth or hardware utilization of individual accounts. Excessive bandwidth or hardware utilization that affects the ability of venturecomm.net Internet to provide service will result in the account being re-evaluated and may at the discretion of venturecomm.net Internet require user to upgrade the account service agreement or to notify the activity creating the excessive use.
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.
15. Use of venturecomm.net services constitutes acceptance of these Terms and Conditions.
The Customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner’s responsibility to safeguard the account password and to ensue the venturecomm.net Internet’s Service Agreement and Acceptable Use Policies are honored.