I. INTRODUCTION. HiWAAY Information Services, Inc. (dba HiWAAY Internet Services) (the "HiWAAY") will provide to you, as a Subscriber, Internet Access Service as described below (the "Service"). By establishing an account and continuing use of the Service, you agree to be bound by this Agreement and the Terms and Conditions, as each are amended from time to time, and to use the Service in compliance with this Agreement and the Terms and Conditions. If you do not agree to the terms and conditions of this Agreement, including any future revisions as posted on its Website, www.hiwaay.net, (the "Website"), you may not use the Service, and if you are a current Subscriber, you must terminate your use of the Service as described in the Terms and Conditions.
II. SUBSCRIBER REQUIREMENTS. A. To subscribe to HiWAAY services, you must be at least 18 years old and the legally authorized individual representing your business or personal account. B. HiWAAY is not responsible for any long-distance, toll, or other telecommunications charges you incur. Current prices for HiWAAY's Services are posted on HiWAAY's Website or may be obtained by calling HiWAAY Customer Support (the "Support") for residential service or a Corporate Sales Representative (the "Representative") for business service, at (888) 244-9229 or (256) 650-4900.
C. The Service may require a local access line be purchased from your local telephone company. HiWAAY may assist you in contacting the telephone company or in specifying your telephone line needs; however, this makes no implication of any responsibility on the part of HiWAAY for your telephone line, payment for that line, or reliability of your connection through this line. You are solely responsible for determining if use of the Service will cause you to incur phone company charges. HiWAAY is not responsible for any long-distance, toll, or other telecommunications charges you incur.
III. SERVICE DEFINITIONS. A. Dedicated Access may be described as "always online" or as "24X7." This should not be interpreted to mean that service is never interrupted. All Internet Access service is occasionally interrupted by circumstances outside HiWAAY's control. "Dedicated" means that your access line is provisioned with a continuous connection that does not require dialing in to establish a connection for each time of use.
B. While DSL connections are often described as "always online," the nature of DSL technology leaves many possible points of failure that may result in interruptions of service. However, since it does not require a person to dial in, and because it can be automatically connected at all times, it is described as "always online."
DSL is a best effort service, which can provide speeds up to 3Mbps downstream and 384K upstream. (3Mbps speeds are only possible with HiWAAY's Super Fast DSL service.) The actual speed experienced by customers may vary and depends on several factors including the DSL product purchased from HiWAAY, customer location, destination on the Internet, traffic on the Internet, interference with high frequency spectrum on the customer's telephone line, etc. No minimum level of speed is guaranteed. Connection speed is delivered "as is."
Performance will vary with: telco provider, telco provisioning and line quality, distance from the telco DSL access point, and telephone wiring and attached components in customer facility.
C. Dial-up Service requires a computer to dial in to our network to be connected each time it is used. Depending on the type of dial-up account you have purchased, you may have "unlimited connect time." The term " unlimited connect time" refers to access to the Internet for a flat-rate price. The term does not imply a continuous connection. The use of devices designed to maintain your connection while your computer is unattended is discouraged. If you need a continuous connection to the Internet, please see HiWAAY's Website for other products that are designed to stay reliably connected to the Internet.
IV. HiWAAY's OBLIGATIONS. A. HiWAAY will provide you with: (i) connectivity to the Internet through HiWAAY Internet Service and (ii) technical phone support for the Service you have purchased.
B. HiWAAY directs Members to use certain telephone numbers to access certain services, and reserves the right to change or to restrict the use of specific access numbers.
C. HiWAAY technical personnel will provide telephone support to help you get connected to the Internet. Please note that the quality of your Internet connection can be affected by the quality of the local access line you purchased from the phone company (with the exception of Wireless Service). Also note that the quality of your Internet connection is affected by the other phones in your building, the brand and quality of your connection device (such as your modem or router), your computer or network, and your internal telephone or other network wiring. There are times that one of these factors that are outside of HiWAAY's control may be the cause of a connectivity problem, and then all we can do is advise you.
D. ANY SUGGESTIONS YOU MAY RECEIVE FROM HIWAAY PERSONNEL REGARDING INTERNET-RELATED SOFTWARE, COMPUTERS, SYSTEMS OR NETWORKS ARE USED AT YOUR OWN RISK. It is not possible for HiWAAY's technical staff to be knowledgeable about all Internet related software, hardware or network services. If HiWAAY's technical staff determines an Internet connection or usage problem exists due to particular hardware, software or network service not provided by HiWAAY Internet Services, the technical staff may direct you to contact the vendor from whom you purchased the products or services for further support.
E. DIAL-UP SERVICE OBLIGATIONS (i) A local access dial-up number may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. (ii) To allow the Service with a local phone call from most locations in the United States and overseas, HiWAAY is a member of iPass. IPASS GLOBAL ROAMING IS AN EXTRA COST SERVICE. More details, including the price for iPass, are available on HiWAAY's Website. (iii) 800# ACCESS IS AN EXTRA COST SERVICE. You are responsible for 800# charges incurred on your account. (iv) Dial-up Service is designed to support one connection at a time for each Subscriber's account. SIMULTANEOUS ACCESS for an account is available, and will be BILLED TO YOU AT THE CURRENT RATE POSTED on HiWAAY's Website. (v) At no additional cost to you, HiWAAY provides spam filtering services that you can turn on or off. You should note, however, that spam filtering is never perfect and some spam will slip through no matter what we do. HIWAAY MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF ITS SERVICE WILL BE SPAM-FREE OR SUBSTANTIALLY SPAM-FREE. HIWAAY'S EFFORTS TO REDUCE YOUR RECEIPT OF SPAM IS ON A BEST-EFFORTS BASIS.
F. DEDICATED and DSL Access Service OBLIGATIONS. (i) For Internet Access Services that require IP addresses, HiWAAY will provide an appropriate range of Internet accessible IP addresses for your router or Local Area Network ("LAN"). The size of the range will be determined by your specific justified LAN and Internet service needs and will, at a minimum, adhere to ARIN policy. All IP addresses provided by HiWAAY are the property of HiWAAY and are subject to change.
VI. Services at the HiWAAY domain (@hiwaay.net) A. HiWAAY provides Internet access and e-mail services for access and mail at the HiWAAY domain (@hiwaay.net). This section applies to Dial-up, ISDN, DSL and other accounts that authenticate with a login (username) at the HiWAAY domain. B. HiWAAY provides mailboxes and temporary storage of incoming Internet e-mail. All users are encouraged to read their mail periodically and to NOT leave incoming mail on a HiWAAY server for extended periods. HiWAAY may delete mailboxes and email stored on HiWAAY servers without notice based on the following schedules: i) Email messages (read or unread) that are left in a HiWAAY server "IN-BOX" for three (3) months are subject to deletion without notice. ii) Accounts whose primary mailbox is unread for six (6) months may remain active for purposes of "access," however, incoming email to the primary mailbox for said accounts is subject to continuing immediate deletion without notice. iii) For Mailboxes (email accounts) with mail that has not been read for six (6) months, the mailbox itself is subject to removal without notice. (Mailboxes or email accounts whose email is "forwarded" to another email address and read elsewhere are exempt from this policy.)
E. Depending on the specific product you buy, HiWAAY may provide you with file storage on HiWAAY's servers with your Internet Access account. This storage can be used to store email or for a personal web page or just files. It is your responsibility to ensure that the volume, content, and use of this file space abide by the restrictions set forth in the description of service in your subscriber agreement.
VII. SUBSCRIBER RESPONSIBILITIES. A. You are responsible for obtaining and maintaining your communications equipment needed to connect to and use the Service (such as your computer, modems, computer hardware and software, and long-distance or local telephone service.) If you have a Local Area Network (LAN), you are responsible for configuring your LAN and computers or other equipment connected to your LAN to connect to and use the Service. You are responsible for ensuring that such equipment or service is compatible with HiWAAY's equipment.
B. You are responsible for ensuring that equipment or service such as described in VII. A. above is compatible with HiWAAY's equipment. If you ever lose your Internet connection, please contact Support so that HiWAAY can help identify the source of the connectivity issue.
C. It is important that you keep your account and user password, as well as any passwords to your Internet access router, private and not share it with anyone. Anyone who has your username and password can access your private email, files and other information that you send through HiWAAY. They could also use your account without your knowledge or consent and incur costs that you will be responsible for paying. Anyone who has your router password can control or disrupt your connection to HiWAAY.
VIII. MISCELLANEOUS. This Agreement, the Terms and Conditions and HiWAAY's other user policies posted on its Website constitute the entire agreement between you and HiWAAY with respect to your use of the Services. HiWAAY may revise, amend, or modify this Agreement, the Terms and Conditions, and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on HiWAAY's Website and/or by email and/or in our various publications and mailings to Subscribers.