Acceptable Use Policy

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OACYS Internet service agreement

12 March 2018 Revision

In order to provide high quality service to all our customers, OACYS Technology (hereafter referred to as OACYS) requires that you (the customer) subscribe to our Internet Service Agreement (hereafter referred to as the AGREEMENT). Accepting installation of, or making use of, any OACYS product or services implies knowledge, and consent to, the policies set forth herein.

Notification of Updates and Changes

Everything in this AGREEMENT is subject to change without notice. The most current version of this AGREEMENT is always online at http://www.oacys.com/policies/aup/, with the dates of any additions or modifications clearly marked. It is your responsibility to monitor this document periodically and to be aware of any such changes. Continued use of any OACYS product or service implies ongoing knowledge of and consent with the most current version of this Agreement.

Terms and Definitions

Throughout this document, OACYS refers to OACYS Technology, also known as OCSNET, Olson Computer Services and Porterville Online. The CUSTOMER refers to any person who does business with OACYS and/or uses the products and services provided by OACYS. AGREEMENT refers to this document, the OACYS Internet Service Agreement. The OACYS SYSTEM refers to any and all computers, networks or equipment owned and maintained by OACYS Technology or its subsidiaries or DBAs.

All other terms and acronyms take their commonly accepted meanings unless explicitly defined in the AGREEMENT. Some of the terms and acronyms used in the AGREEMENT are technical in nature and refer to specific protocols or techniques. It is your responsibility to ensure that you understand any and all terms used in this document.

Privacy

OACYS fully respects the privacy of our customers and does not sell or otherwise use our confidential subscriber information in any way other than for internal company account maintenance (including customer announcements and billing statements). Furthermore, OACYS will not divulge the actual identity of your email address without your written authorization or an official request by a law enforcement agency. If you forget your password, OACYS will verify your identity before divulging that information.

Payments

The normal OACYS billing cycle is from the 15th of each month through the 14th of the following month. Advance payment for the upcoming period is due on the 15th of each month. Accounts are billed at the beginning of each payment period, and non-payment may result in interruption of service or immediate termination of service, and late-fees or reactivation charges may apply. Customer support and billing notices will be sent to the email address provided with your service plan.

If your payment is received at OACYS after the 14th day of the month in which it is due, you will be charged a $5.00 late fee. If your account is not paid by the 25th day of the month in which it is due, it will be deactivated without further notice and OACYS will require a $15.00 fee to reactivate the account. You may pay automatically by credit card or bank transfer to avoid the inconvenience of a lost or forgotten payment.

Credits & Refunds

Credits and/or refunds for lost service will be considered on a per-case basis only if overall system availability drops below 95 percent (annualized), which does not include general Internet or telco downtime caused by factors outside of OACYS control.

You may notify OACYS at any time if you wish to discontinue service. Canceled accounts are deactivated on the last day of the current billing period. No credit is refunded for any days remaining in the current billing period. For accounts prepaid for more than one month, a prorated credit will be refunded for any months prepaid beyond the current period, less any outstanding fees or charges on your account. Discontinued accounts reapplying for service are charged a new startup fee.

Computers & Operating Systems

OACYS provides support for all modern and commonly used operating systems. Our Help Desk staff can accept support calls from customers using Windows 98 or above, and can often assist with Macintosh computers for general Internet-related issues. Technical support for Macintosh computers is provided via a third-party arrangement.

OACYS does not provide free support for Linux or for “server” operating systems such as Windows NT Server or Windows 2000 Server. You may purchase technical assistance for these operating systems by contacting any of our sales representatives.

OACYS does not provide free support for hardware or software upgrades. If you are planning to upgrade your computer, please call our technical support department to verify compatibility. OACYS will charge a fee to restore service after a computer upgrade.

Commercial Use

Engaging in excessive commercial or commercial-like activity using a non-business plan is not allowed, and such activity could result in a request to either increase your plan type or discontinue your service.

Excessive commercial activity may include but is not limited to operating a commercial web server or email server. See also Bandwidth Redistribution, Bandwidth Limits, Restricted Services, Restricted Activities, and Security Issues.

Mass email through OACYS email servers is generally prohibited. Excessive email activity is restricted, and we reserve the right to adjust limits to maintain the performance of our network.

IP Address Allocation

Business customers may request a static route to provide them with more than one or two IP addresses. If you need a static route, you must formally request an IP assignment from OACYS by sending a request on company letterhead to your OACYS salesperson. In order to receive an IP assignment, you must show 60% utilization of the requested IP block. OACYS will follow the general American Registry of Internet Numbers (ARIN) “IP assignment guidelines for Endusers.”

Bandwidth Redistribution

OACYS Internet plans are for use by a single individual, household, or business. You may not resell or otherwise redistribute our service without prior written approval from OACYS.

If you are a Business customer, you may provide Internet access to your own employees within the same building.

If you are a Residential customer, you may redistribute service to other users within your home. Users may not redistribute service to other residences.

Bandwidth Limits

Every OACYS service plan imposes a maximum bps (bits-per-second) rating that serves as “speed” rating for that plan. Maximum observed speeds will vary according to your location, computer equipment, and technology overhead, and in no case will your observed speed exceed the maximum allowed by your service plan. Advertised network speeds are maximum burst rates and are not guaranteed.

Most service plans also include a maximum monthly upload/download guidelines, measured in GB-per-month (gigabytes per month). Wireless service plans exclude the hours between midnight and 6:00am when computing bandwidth usage. This guideline refers to the amount of data (web pages, images, files, etc) that you transfer each month, and your maximum speeds may be reduced by 50% if you exceed the guideline for your chosen plan by double. Bandwidth policies for Wireless service plans can be found at www.oacys.com. Bandwidth usage can be monitored on-line in UserAdmin.

In any case, bandwidth usage deemed excessive will be subject to “best effort” bandwidth management controls as may be applied by OACYS to ensure best Quality of Service (QoS) performance to all subscribers.

Managed Time Plans (Dial-up)

Some OACYS service plans allow you a certain amount of “free” time online and charge a fee for every hour over your limit. You will be billed for any usage in excess of the “free” hours included in your service plan. Monthly usage can be monitored online here: https://oms.ocsnet.net/useradmin/.

Currently, only the OACYS MTP (Managed Time Plan) and ISDN plans include a fee for excess time on-line.

Busy Signals (Dial-up)

OACYS dial-up Internet access plans utilize a pool of modems to manage calls from customers. Because it is economically impractical to provide a dedicated modem to each customer, there may be an occasional busy signal when dialing our system. OACYS maintains a low guaranteed ratio of fewer than ten customers per modem, which in practice is normally much lower.

Service Level Agreement

Business customers may request a formal, written SLA that includes guaranteed bandwidth and uptime. In such cases, the SLA is measured to your network and does not account for possible bottlenecks and performance issues that arise from your equipment and network configuration. Your network is considered to begin at the first piece of equipment that is not owned and operated by OACYS.

Home customers receive no formal Service Level Agreement (SLA) beyond what is specified in the OACYS Common Service Agreement. Maximum observed speeds will vary according to your location, computer equipment, and technology overhead. Advertised network speeds are maximum burst rates and are dependent on overall network utilization.

In all cases, it is your responsibility to ensure that your network equipment can support the level of service that OACYS provides. All figures and guarantees mentioned in OACYS Service Level Agreements exclude Acts of God and circumstances beyond our control, including Telco downtime and maintenance.

Email

Mail stored on the server may not exceed 200 Megabytes. This restriction includes email that has been downloaded and read, but not deleted from the server. Email beyond this quota will be returned to the sender with an error message stating the reason for rejection. Email will be stored on the server for no longer than 60 days from the date of receipt. If you wish to forward your mail to another email address, you may do so via your User Administration account at oms.ocsnet.net/useradmin. After 60 days of inactivity on any email account, OACYS reserves the right to remove any email address and its mailbox contents if after 10 days we are unable to contact the customer via alternate email addresses or telephone.

Email Virus Scanning

All mail sent or received through an OACYS mail server is automatically scanned for viruses. Email that is deemed to contain a virus may be cleaned, deleted or delayed for further processing without notification to the sender or recipient. By signing and/or agreeing to this Service Agreement, you agree to have your email scanned for viruses by the OACYS virus-scanning servers.

Email Spam Filtering

As an OACYS customer, you may choose to have your email filtered for “spam,” or unsolicited email. Email that is deemed to be spam may be deleted or delayed for further processing without notification to the sender or recipient. By activating the spam filter on your account, you agree to have email scanned for spam by the OACYS virus-scanning servers. By activating the spam filter on your account you also agree to take full responsibility for any legitimate email that is blocked by our server on your behalf.

OACYS holds spam email for no more than three days after receipt. If you feel that legitimate email is being blocked, you may contact our customer service desk to request modifications to our spam filter. OACYS is not able to retrieve messages that are more than three days old.

The OACYS spam filter uses very complicated heuristics to decide which messages are spam and which are legitimate mail. These heuristics are defined and maintained by OACYS in cooperation with our email server vendor, and are not guaranteed to catch 100% of spam.

Restricted Services

You may not run the following services on computers that are directly connected to our network. This does not apply to computers that are separated from our network by a router or filtered bridge. The final criterion when considering a possible violation of this AGREEMENT is whether it interferes with the OACYS system. If you run services that interfere with the OACYS network, you risk temporary or permanent loss of service.

You may not run a DHCP or BOOTP server on the OACYS system. This restriction includes the DHCP servers supplied with many commercial “proxy” and Internet sharing applications, including Microsoft Internet Connection Sharing (ICS).

Restricted Activities

You are required to conform to certain rules of proper behavior. Failure to follow these rules may result in temporary or permanent loss of service.

You may not engage in “port scanning” or other activities designed to identify and/or utilize security flaws in remote systems or in the OACYS system.
You may not use the OACYS system to send or relay SPAM or unsolicited bulk email.
You may not use the OACYS system to provide illegal or pornographic material (whether or not it is illegal) for public and/or commercial download. This includes (but is not limited to) pirated software, “warez” (a generic term for software that has been modified to circumvent copyright protection) products, and copyrighted material to which you do not hold distribution rights.
You may not use the OACYS system to engage in or support illegal activities, whether or not those activities place OACYS and/or our customers at risk or impair network performance.
In all cases, OACYS will make the final decision as to whether these restrictions have been violated.

To report suspected abuse of OACYS services, including copyright infringement, send email to abuse@oacys.com or call our Customer Service desk.

Security Issues

By signing this Service Agreement, you assume responsibility for ensuring the security of your computer(s). OACYS takes prudent care and provides best-effort security, but cannot “filter” or “firewall” all potential forms of attack or abuse that may originate on the Internet or elsewhere outside of our control. Upon ascertaining a problem, however, OACYS will take steps to remedy or prevent actions that are harmful to our customers.

The OACYS policy on viruses and malicious activity follows our general policies on Security Issues and Restricted Activities. OACYS does not actively seek out customers who unintentionally spread viruses or incite other malicious activity, but reserves the right to take action if a customer’s infected computer or other actions create/s a significant risk to OACYS or to our other customers. You are strongly encouraged to purchase and install a personal virus scanner on your computer, or to purchase OfficeScan Central Security Service from OACYS.

Suspension of Service

OACYS reserves the right to temporarily suspend service on your account, without credit or refund, upon receipt of reasonable notification that you are in violation of this Acceptable Use Policy. OACYS will determine whether each violation warrants suspension of service, and will attempt to contact you before doing so. If you cannot be contacted in a timely manner, or if the nature of the violation requires immediate suspension, we will attempt to contact you after the fact. In no case do we guarantee that you will be contacted before service is suspended.

Termination of Service

Because OACYS provides prepaid services, this Service Agreement serves in lieu of 30 days notification for accounts prepaid monthly or where we receive notice of cancellation from you in the final month of a prepaid period. When your account is terminated, your dialup, wireless, and/or hi-cap Internet service will be immediately discontinued, as will email addresses and websites hosted by OACYS.

Failure to agree or comply with any of the OACYS Terms of Service may result in termination of your service. Causes for immediate termination of service include, but are not limited to:

Failure to pay for services rendered
Failure to pay in advance for prepaid services
Failure to agree with and abide by the terms of this Service Agreement
A statement by you that you do not wish to continue service with OACYS

You will be required to continue payment on contracts entered into on your behalf by OACYS to acquire third-party services such as Hi-cap lines and telco equipment. Third party contracts, if required, will be outlined in your contract before installation.

“Personal” Virus Scanners and Firewalls

If you are a business customer, or if you have an “always-on” connection such as wireless, T1 or ISDN, you must purchase and maintain a firewall to protect your computer. OACYS is not responsible for losses that occur as a result of a “hack” or other intrusion that reaches your system through the OACYS service.

If you are a dialup or “low-time” user, you are strongly encouraged to purchase and install a personal firewall and virus-scanning utility. OACYS is not responsible for losses that occur as a result of a “hack” or other intrusion that reaches your system through the OACYS service.
Contact Information

OACYS Technology
767 North Porter Road
Porterville, CA 93257
Phone: 559.781.4123
Fax: 559.781.7013

The OACYS Customer Service desk is available between 8:00AM and 7:00PM Monday through Friday, and between 9:00AM and 5:00PM on Saturday. Customer Service is available to assist with technical and billing issues related to OACYS services.

OACYS Customer Service can be reached at 559.781.4123, or by emailing CustomerService@oacys.com.

Disclaimer and Limitation of Liability

OACYS Internet access services are offered without warranty of any kind, including the warranty of fitness for a particular purpose. OACYS cannot assume any liability for various uses to which Internet access service may be applied. Uninterrupted service cannot and is not guaranteed or implied, nor is sustained maximum performance guaranteed or implied to any customer whether service is intended for personal or business use.

OACYS reserves the right to refuse to provide or continue to provide Internet access service to anyone who violates our guidelines and policies. OACYS also reserves the right to temporarily or permanently discontinue service to anyone who deliberately or accidentally interferes with the operation of our network.

The maximum limit of any credits or refunds or claims of loss or damage, which may be issued at the sole discretion of OACYS, shall not under any circumstances exceed the total amounts paid to OACYS by the subscriber.

The failure of OACYS to enforce this AGREEMENT, for whatever reason, shall not be construed as a waiver of any right to do so at any time. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. If any provision of this AGREEMENT shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.

This Service Agreement represents the entire agreement between the customer and OACYS. All prior negotiations and/or agreements are merged into this AGREEMENT, provided that they do not conflict with the terms set forth herein. When a conflict arises between the terms of this AGREEMENT and those of any other document, the policy set forth herein shall be enforced along with any remaining non-conflicting provisions of said document.

Important

Initial here to indicate that you have read and accepted the Disclaimer and Limitation of Liability:

Signature Sheet – 12 March 2018 Revision

If subscribing to our service online, please print this document and sign it in the space below to indicate that you understand and agree to the terms described in the OACYS Service Agreement – then bring it with you or mail it with your completed subscription form.

I, the undersigned, hereby state that I have read and acknowledge the OACYS Common Service Agreement, including the Disclaimer and Limitation of Liability.

Name: ______________________________ Date: _______________________________