1. TERMS & CONDITIONS. The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and SniperHill Internet Services, LLC. ("SniperHill Internet Services") or (“SIS”). SIS provides its Internet access services, as they may exist from time to time ("Services") to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with SIS, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other SIS policies posted on the SIS website.
2. PAYMENT OBLIGATIONS. You must (i) provide SIS with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to SIS all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact SniperHill Internet Services Customer Service Department at 1 (855) 362-7701 or submit a ticket through the Help Desk. All charges are considered valid unless disputed in writing within 15 days of the charged date. Adjustments will not be made for charges that are more than 15 days old.
3. YOUR USERNAME AND PASSWORD; SECURITY. Upon registration, you will receive a username, password, and account identification number. You are the only authorized user of your SIS account. You should keep your password confidential so that no one else may access the Services through your account. Please notify SIS immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a LAN connection. Usernames and passwords are SIS’ property and SIS may alter or replace them at any time.
4. MONITORING THE SERVICES. SIS has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if SIS in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.
5. WARRANTY DISCLAIMER. Except for certain products and services specifically identified as being offered by SIS, SIS does not control any materials, information, products or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. SIS has no control over and accepts no responsibility for such materials. You assume full responsibility and risk of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness and usefulness of all services, products, and other information and the quality and merchantability of all merchandise provided through the service or the Internet.
6. LIMITATION OF LIABILITY. The Services are provided on an “as is” and “as available” basis. SIS does not warrant that the Services will be uninterrupted, including but not limited to scheduled and/or unscheduled local power interruptions, brown outs, black outs, power surges, power outages and Command-ordered OPSEC, INFOSEC, TRANSEC blackouts. SIS does not warrant that the Services will be error-free or free of viruses or other harmful components. SIS makes no warranties, express, implied or statutory and customer waives all warranties, including but not limited to: warranties of title, non-infringement merchantability and fitness for a particular purpose regarding any merchandise, information or service provided by or through SIS or indirectly. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in communications and technology and SIS does not make any assurances or warranties relating to such risks. No advice or information given by SIS or its representatives will create a warranty. SIS and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services or the Internet, including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages in any event SIS’ cumulative liability to any customer for any and all claims relating to the use of the Services and/or licensed programs will not exceed the total amount of service fees paid during a one year period preceding the accrual of the claim.
7. INDEMNIFICATION. You agree, at your expense, to defend and hold harmless SIS and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
8. ACCEPTABLE USE POLICY. All customers of the Services and users of the SIS website and/or the SIS software agree to and must comply with this section 8, which is SIS' Acceptable Use Policy (AUP), and your use of any Services, website or software provided by SIS constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. SIS does not actively monitor the use of the Services under normal circumstances. Similarly SIS does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, SIS may remove, block, filter, or restrict by any other means any materials that, in SIS' sole discretion, may be illegal, may subject SIS to liability or may violate this AUP. SIS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or SIS account or other actions as detailed below. Without limiting the foregoing, you agree not to use the Services to:
i. transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
ii. harm, or attempt to harm, minors in any way;
iii. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
iv. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
v. transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vi. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail”, "spam”, "chain letters", "pyramid schemes", or any other form of solicitation;
vii. transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
ix. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
x. SIS reserves the right to block any PC connected to the SIS network that is knowingly or unknowingly transmitting software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
xi. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
xii. "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
xiii. resell the Services without SIS' written authorization and expressed written consent;
xiv. use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
xv. No unauthorized devices are to be connected into the SIS network at any time. Any device other than a personal computer shall be considered an unauthorized device.
SIS requests that anyone who believes that there is a violation of the AUP submit the information to the Help Desk. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. SIS may take any one or more of the following actions, or other actions not listed, at SIS' sole discretion in response to complaints: (i) issue warnings, written or oral; (ii) suspend the customer's account; (iii) terminate the customer's account; (iv) bill the customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
9. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
10. COPYRIGHTS AND TRADEMARKS. All content included on SIS' website, including but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of SIS, its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the SIS website without the expressed written consent of SniperHill Internet Services, LLC is strictly prohibited.
11. GUARANTEES. Advertised "up to" speeds may not be achieved 100% of the time. Advertised "up to" speeds are the maximum advertised download data rates an individual account can achieve and any given time in a continuous 24-hour period. SIS cannot guarantee dedicated bandwidth during peak time. Your speeds during peak time will vary.
12. MAINTAIN RATE. "Maintain Rate" is the expected average download data rate an individual account is expected to achieve during peak time hours and during hours of increased rates of internet usage.
13. PEAK TIME. "Peak Time" is approximately 6pm-1am local time, 7 days per week and during above-average internet usage patterns such as soldier and civilian "reset" off-days, base population surges, US and local Holidays.
14. PEER TO PEER. SIS' security-based network does support peer-to-peer connections. SIS prevents access to sites falling under the known "bootleg" category of traffic on its security based network. "Bootleg" is something, as a recording, made, reproduced, shared or sold illegally or without authorization. SIS also blocks illegal BitTorrent protocol categories, sites violating personal conduct codes pursuant to CENTCOM General Order #1, and does not other support illicit peer-to-peer file sharing sites and applications. If you feel you are accessing legal files from a particular site that's blocked, please contact us at email@example.com.
15. COMMAND ORDERED BLACKOUTS. SniperHill must comply with all Command-ordered "blackouts" IAW mandated Operational Security (OPSEC) regulations. "Blackouts", also known as "Restricted Comms" or "River City", are ordered by Command and are lifted by order of Command. Please direct all questions related to "blackouts" to your local Garrison Command or Mayor Cell.
16. TERMINATION. Without prior notice, SIS may terminate this Agreement, your password, your account, or your use of the Services, if SIS, in its sole discretion, believes you have violated this Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. SIS may provide termination notice to you by email.