Greenfield Communications, Inc. (Greenfield Communications) is pleased
to provide Internet access and other related services to you. Please
read this agreement carefully before accessing the service. By accessing
the service, you agree to be bound by the Terms and Conditions below
just as if you had signed it. If you do not wish to be bound by
these Terms and Conditions, you may not access or use the service.
Greenfield Communications reserves the right to modify the Terms and Conditions
at anytime without prior notice. Please check this document for
latest updated information.
Parties: This agreement is made between Greenfield Communications as the provider of Internet access and Subscriber as consumer of Internet access.
Subscriber: Subscriber
represents and warrants to Greenfield Communications that
he/she is of eighteen (18) years of age
or older or is another type of legal entity,
such as a corporation. Subscriber further
represents that he/she possesses the legal
rights and ability to enter into this agreement.
Services Provider:
Greenfield Communications has contracted with Dataframe
Logistics, Inc. as their Internet Service
Provider and thus provides access to the
Internet, web sites, among other Internet
services including Greenfield Communications' own Intranet.
The agreed usage for Internet access shall
be unlimited interactive usage.
Internet Contents: Subscriber understands
and agrees that the Internet is not in any
way under the control of Greenfield Communications. At
many Internet sites, obscene and offensive
material may be present, it is agreed that
Greenfield Communications has no responsibility for, nor
any control over, any contents / information
accessed by the Subscriber on the Internet.
Such materials are accessed at the Subscriber's
own discretion and risk.
Privacy Issues:
Electronic mail and any other transmissions
whether transmitted / originated / terminated
at Greenfield Communications's systems will
not be held confidential. Therefore Greenfield
Communications cannot guarantee the protection
or privacy of any information of any subscriber.
Greenfield Communications reserves the right
to monitor a subscriber's mail and transmissions
as a necessary step to providing service
and otherwise to protect the rights or property
of Greenfield Communications. Greenfield Communications
will not disclose any such information unless
required to do so pursuant to a court order,
subpoena, or similar legal request or otherwise,
on the advice of counsel.
No Representation
of Warranty: Subscriber acknowledges that
the Greenfield Communications service is used
at the subscriber's sole risk and liability.
Neither Greenfield Communications, its employees,
agents, affiliates or any similar party,
warrant or covenant to any subscriber that
the Greenfield Communications service will
be uninterrupted or free from error; nor
do any of the foregoing make any representation
or warranty regarding (i) the use of the
Greenfield Communications service, or (ii)
the accuracy, reliability or content of
any information, service, or merchandise
provided through Greenfield Communications.
"As Is" Service: The Greenfield Communications service
is provided on an "AS IS," "AS AVAILABLE"
basis without representations or warranties
of any kind, either expressed or implied,
including warranties of title, implied warranties
of merchantability, or fitness for a particular
purpose. No oral advice or written information
given by Greenfield Communications, it's employees, agents
or any similar party, shall create or expand
any representation or warranty; nor shall
any subscriber be entitled to rely on any
such information or advice.
Limitation of Liability: Subscriber agrees
that neither Greenfield Communications, nor any other person
or entity involved in creating, producing
or distributing the Greenfield Communications service shall
have any liability for any direct, indirect,
incidental, special or consequential damages
that (i) result, or may result, from the
use of, or inability to use the Greenfield Communications
service; any software obtained through Greenfield Communications;
or (ii) result or may result from mistakes,
omissions, interruptions, deletion of files
or e-mail, errors, defects, viruses, libel
or intellectual property infringement by
others, or delays in operation or availability,
or transmissions, or any failure of performance,
whether or not occurring by negligence,
force majeure, acts of god, communications
failure, destruction or unauthorized access.
In all events, Greenfield Communications liability shall
never exceed the amount actually paid for
access to, and use of, Greenfield Communications during
the three (3) month period immediately prior
to the claimed injury or damage. Subscriber
hereby releases Greenfield Communications from any and
all obligations, liabilities and claims
in excess of the limitations set forth in
this section. This section shall apply to
all content, products and/or services available
directly or indirectly through Greenfield Communications
Indemnification. Subscriber agrees to indemnify
Greenfield Communications from and against any and all
liabilities, expenses (including attorney's
fees) and damages arising out of claims
based upon use of subscriber's account,
including any claim of libel, defamation,
violation of rights of privacy or publicity,
loss of service by other Subscribers and
infringement of intellectual property or
other rights. Greenfield Communications will notify Subscriber
promptly of any claim for which it seeks
indemnification and will afford Subscriber
the opportunity to participate in the defense
of such claim, providing that Subscriber's
participation will not be conducted in a
manner prejudicial to Greenfield Communications' interests,
as reasonably determined by Greenfield Communications.
Software: As a
courtesy to Subscribers, Greenfield Communications has
accumulated a library of software which
is "shareware" or "freeware". Greenfield Communications
is not the author of, or otherwise responsible
for, any such software or engaged in the
sale or licensing of such software. Greenfield Communications
makes no warranty of any kind, either expressed
or implied, with respect to freeware or
shareware available to subscribers. Greenfield Communications
accepts no liability of any kind with respect
to such software or any damages resulting
from use thereof. Subscriber assumes all
risks with respect to such software. Subscriber,
not Greenfield Communications, must pay all shareware license
fees. No Subscriber will assert any claim
against Greenfield Communications with respect to any shareware
or freeware obtained through Greenfield Communications.
Non Transferable:
The right to use Greenfield Communications is not transferable.
Accounts are for the use of Subscriber only.
Subscriber is responsible for the confidentiality
of Subscriber's passwords.
Security Attacks:
Attempts to gain unauthorized access to
other computer systems is prohibited. Subscriber
will abide by all rules, regulations and
policies of networks and computer systems
accessed via Greenfield Communications. If Subscriber is
unsure of those policies, it is the Subscriber's
responsibility to ascertain said policies.
Any verified attempts by the user to gain
unauthorized access to anther system will
result in immediate termination of your
account without refund.
Lawful Use: Services
provided to you through Greenfield Communications, including
Internet access, may only be used for lawful
purposes. Transmission of any data, information
or material in violation of any federal
or state regulation or law (including, but
not limited to, material protected by copyright
or trade secrets, and information that is
confidential as a matter of law) is strictly
prohibited. Subscriber may not, under any
circumstances, use Greenfield Communications in an unlawful
manner, including, but not limited to: 1)
posting or transmitting any unlawful, threatening,
abusive, libelous, defamatory, obscene,
or pornographic information of any kind,
including without limitation any transmissions
constituting or encouraging conduct that
would constitute a criminal offense or give
rise to civil liability; 2) intercepting
or attempting to intercept e-mail; and 3)
uploading / downloading files that contain
software or other material protected by
copyright laws. In addition Greenfield Communications expressly
reserves the right to terminate or suspend
the Service of any Subscriber or account
holder if Greenfield Communications, in its sole judgment,
believes that circumstances relating to
the infringement of third party intellectual
property rights warrant such action.
Speed. Greenfield Communications will use commercially
reasonable efforts, such as network management,
traffic analysis, operational procedures
and policies that endeavor to provide appropriate
bandwidth for as many customers as possible.
The Subscriber understand and agree that
Greenfield Communications does not guarantee that any particular
amount of bandwidth on the Greenfield Communications network
or any speed of throughput of your connection
to the Greenfield Communications network will be available
to you.
Adult Supervision.
Greenfield Communications is concerned about the safety
and privacy of all its users, particularly
children. For this reason, children under
the age of 13 will not be permitted to access
the Service unless added as a Sub Account
by a Member Account holder who is their
legal guardians. When you add your child
to your Member Account, in addition to certifying
that you are least 18 years old, you are
certifying that you are the legal guardian
of the child/children you wish to add to
your Member Account. By adding a child to
your Member Account, you give your child
permission to access all services accessible
through the Service by children under 13
years of age with parental consent, including
email, message boards, clubs, and instant
messages (among others). Please remember
that the Service is designed to appeal to
a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine
whether any of the services and/or Content
(as defined below) provided through the
Service are appropriate for a minor. Minors
who access the Service are assumed to have
parental or guardian consent before accessing
the Service. Access Controls. Greenfield Communications
suggests that you take advantage of the
access controls offered through the Service,
which allow you, as the Member Account holder,
to block access to certain types of web
content you may feel are inappropriate for
minors through either your Member Account
or your Sub Accounts. However, Greenfield Communications
also recommends that you remain diligent
in the supervision of any minors in their
use of the Service and the Internet. Access
controls provided through the Service are
intended as a guide only. Neither Greenfield Communications
nor their licensors can be responsible for
any content accessed by you or minors, whether
or not you take advantage of the access
controls provided through the Service. In
addition, neither Greenfield Communications nor their licensors
guarantee the accuracy of such access controls,
and you agree that you will not hold Greenfield Communications
liable for any loss or damage of any kind
incurred as a result of the use of such
access controls. Communications with Strangers.
If you allow minors to access Greenfield Communications
features, please remind them of the dangers
involved when corresponding or communicating
with strangers or new acquaintances on the
Internet (especially in Chat and Newsgroup
rooms as well as when using email). It may
also be wise to carefully note all Internet
pen pals with whom minors frequently correspond.
Servers: You 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 Greenfield Communications.
Prohibited uses include, but not limited
to, PPP, FTP, HTTP, DNS, POP, SMTP, NNTP,
Proxy, DHCP, IRC, TELNET, TFTP, SNMP and
remapping of ports for the purpose of operating
a server.
System Rules: Subscriber agrees to comply with the following system rules of Greenfield Communications. The following are strictly prohibited:
any attempt to introduce viruses, worms,
Trojan Horses, or any other destructive
programs, or to deliberately crash or overload
the server systems of Greenfield Communications
or any other entity;
sending unsolicited bulk mail messages
("junk mail" or "spam"). This includes but
is not limited to, bulk mailing of commercial
advertising, informational announcements,
political announcements and religious information.
Such material may only be sent to those
who have explicitly requested it;
forwarding or posting "chain letters"
of any type;
forging email or USENET posting header
information;
Newsgroup violations including posting
the same or similar message to large numbers
of newsgroups (excessive cross-posting or
multiple-posting, also known as "newsgroup
spam"), posting binary files to newsgroups
not specifically named for that purpose,
and violation of newsgroup charter or FAQ.
The poster is responsible for determining
the etiquette of a given newsgroup, prior
to posting to it; Operating a news server
is prohibited without prior written permission
from Dataframe.
use of maillist, listserver or any form
of auto-responder from a subscriber's account;
use processes that run or are activated
while the user is absent from the computer
terminal, for example, (1) automatically
have the computer dial in to check your
email, (2) running web server or ftp server
through dial-up, (3) using ping or any mechanism
to defeat our 20 minutes idle time-out limit
so that the computer could stay on line
while maintains little or no activity;
violation of Greenfield Communications'
Interactive Usage Policy which states that
the account owner must be in front of the
computer when he/she logs in, and that if
the account owner is away from the computer,
he/she must terminate the connection and
allow others to use the service;
group use of Subscriber logins;
use of more logins then number of accounts owned;
unauthorized reselling of Greenfield Communications'
Internet/Intranet Services; and
Unauthorized active or passive probing
of any IP address; and
Solicitation of Greenfield Communications
Subscribers to become subscribers of other
online services competitive with Greenfield
Communications. Failure to comply with system
rules may result in suspension or termination
of Subscriber's account. In the event account
is terminated under this section or section
13 no refund shall be due.
Subscriber further agrees that if they
violate any portion of Terms & Conditions
that they will be liable for all charges
to remedy the infractions they committed
and subject to termination from Greenfield
Communications services without any warning
or notice (see section 32). These additional
items include but are not limited to: cancellation
of the account, responding to offended Internet
users and deletion of related e-mail in
response to such violations. The rate shall
be $195.00 per hour with a four-hour minimum.
Subscriber agrees to pay these additional
charges. In the case of a credit card transaction,
Subscriber authorizes these charges and
agrees not to contest these charges with
their credit card company and further waives
all chargeback options Subscriber may have
with their credit card company.
Telephone Charges:
Subscriber is responsible for providing all
telephone, modem, PC, Router, and other equipment
required to access Greenfield Communications
Internet/Intranet Services. Subscriber agrees
to be responsible for all telephone charges,
if any, incurred by Subscriber in accessing
Greenfield Communications. Greenfield Communications'
fees are entirely separate from, and wholly
unconnected to, any of these costs. Accordingly
Greenfield Communications assumes no liability
for any of these expenses incurred by Subscriber
in accessing Greenfield Communications.
Greenfield Communications Cancellation: Greenfield Communications reserves the right to cancel service for any reason without prior notice. When an account is canceled for violation of published terms and conditions, no refund shall be due.
Excessive Use of Bandwidth:
If Greenfield Communications determines, in
Greenfield Communications's sole discretion,
that Subscriber is using an excessive amount
of bandwidth over the Service, we may adjust,
suspend or terminate Subscriber's account at any time and without notice.
or require subscriber to upgrade Customer's service level and pay additional
fees in accordance with GREENFIELD 's then-current, applicable, published rates
for such Service.
Support and Maintenance of the Greenfield Communications Service: Greenfield Communications does not guarantee that customer support will be available or that Greenfield Communications will make the Service work on your computer system or resolve all problems in connection therewith.
Use of a static and/or multiple dynamic IP address: The subscriber understand and agree that the Greenfield Communications Service is provided using one (1) dynamically-assigned public IP address for each home. You may be assigned a static IP address and or additional dynamically assigned, public IP addresses for an additional monthly fee. Greenfield Communications may monitor for unauthorized use of IP addresses and if such activity is discovered, Greenfield Communications may pursue, in its sole discretion, all available remedies.
Local Networking: Greenfield Communications will support the connection of the Service to a single directly connected computer. Greenfield Communications does not support the setup, configuration and equipment maintenance of devices, including multi-function devices, that may contain a switch, router, firewall, wireless connectivity, etc., that allow for the connection of multiple computer at the Home.
Filtering Measures: Greenfield Communications may elect to take measures to reduce the amount of viruses, worms, bugs, Trojan horses (collectively, "Viruses"), unsolicited commercial emails, or Peer to Peer traffic to, from or over the Service. The measures may include, among others, the use of software to detect and delete such activities, the use of network protocol filter that remove or block any traffic deemed necessary for filter on the sole judgment of Greenfield Communications.
Usage by Non-Subscriber: Subscriber agrees not to operate equipment and or software that allows othes who are not in your household to use your Greenfield Communications Service.
MAINTENANCE WINDOW: During of the course of operations, maintenance and upgrades of the Services, it is necessary to reserve a window of time during which work that can potentially disrupt Services can be carried out. The standard maintenance window is from 01:00 to 05:00 AM, Saturdays, Pacific Time. During this time, Services may be disrupted due to scheduled maintenance without further notice.
REVISIONS TO POLICY
GREENFIELD
reserves the right to update or modify this
Policy at any time and from time to time
with or without prior notice. Continued use
of the Service will be deemed acknowledgment
and acceptance of this Policy. Notice of
modifications to this Policy may be given
by posting such changes to EGREENFIELD homepage
( www.egreenfield.com ),
by electronic mail or by conventional mail,
and will be effective immediately upon posting
or sending. Customers should regularly
visit egreenfield website and review this
Policy to ensure that their activities conform
to the most recent version. In the
event of a conflict between any subscriber
or customer agreement and this Acceptable
Use Policy, the terms of the Policy will
govern. Questions regarding this Policy
should be directed to support@egreenfield.com . Complaints
of violations of it by GREENFIELD customers
can be directed to abuse@egreenfield.com .
Complete Agreement:
This Agreement represents the entire agreement
between Subscriber and Greenfield Communications
and supersedes all prior agreements, oral
or written.
