Terms of Service
1.0 Services
2.0 Billing
3.0 Content
4.0 "AS IS" Services; Limitation of Liability; Indemnification
5.0 Miscellaneous
6.0 Privacy Policy

Acceptable Use
1.0 General Policies
2.0 Prohibited Use/Violations
3.0 System and Network Security


Effective Date: 08/10/1999

THIS CONTRACT, TOGETHER WITH THE ACCEPTABLE USE POLICY, ALL APPLICABLE QUOTES, PRICE LISTS AND SOFTWARE LICENSE AGREEMENTS OF TWIN CITIES INTERNET AND THIRD PARTIES (COLLECTIVELY "THE AGREEMENT" OR "THIS AGREEMENT") REPRESENTS THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN SPECTRUM COMMUNICATIONS LLC  AND YOU, THE SPECTRUM ACCOUNT HOLDER ("YOU" OR "YOUR"), AND SUPERSEDES ANY OTHER WRITTEN OR ORAL AGREEMENT PERTAINING TO YOUR SPECTRUM COMMUNICATIONS SERVICES. BY USING SPECTRUM COMMUNICATIONS SERVICES OR SPECTRUM COMMUNICATIONS SOFTWARE, OR BOTH, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. VIOLATION OF ANY PROVISION OF THIS AGREEMENT IS GROUNDS FOR, BUT NOT LIMITED TO, IMMEDIATE TERMINATION OF YOUR SPECTRUM ACCOUNT.

Terms of Service

1.0 SERVICES

This Agreement binds the Terms of Service and its conditions thereof to all Services, including personal and business accounts, and Services within those accounts. Spectrum Communications agrees to provide these Services to you in exchange of recurring payment of subscription fees and full compliance of this Agreement. Spectrum Communications reserves the right to charge a setup fee and require payment of such prior to activation of any Service(s). No Spectrum Communications Services, in whole or by part, shall be leased, rented, or resold by you to any other party without consent. You may not use Spectrum Communications Services to compete with Spectrum Communications or promote products and/or services that compete with Spectrum Communications.

Spectrum Communications reserves the right to discontinue any and all Services at any time, without prior notice or obligation, for any conduct which Spectrum Communications, at its sole discretion, concludes is not tolerated by this Agreement or harmful to Spectrum Communications' interest or the interests of others. Spectrum Communications also may limit, restrict or prohibit access to its system resources as Spectrum Communications, in its sole discretion, regards appropriate to provide the availability of such resources.

You are responsible for acquiring and maintaining any and all communications equipment and/or services which are necessary to connect to Spectrum Communications Services which may include, but is not limited to, modems, hardware and software for your system, and local and long distance telephone services. You are responsible for ensuring that the equipment and/or services are compatible with Spectrum Communications requirements. You are solely responsible for all use of your account with or without knowledge or consent. It is also your responsibility to maintain on your part, the confidentiality and security of your account, password, files, network and users access, and any information you obtain through Spectrum Communications Services and other Internet services.

In the event that Spectrum Communications receives any complaints or becomes aware of possible violations of the Agreement, it is at its sole discretion, warranted for an investigation into such matters. This investigation may include but is not confined to, gathering information from and about account holders and examining the content of personal electronic communications, Web pages and Personal pages provided by Spectrum Communications servers. In the duration of any investigation, Spectrum Communications may suspend any and all Services in use by the customer under investigation and may also remove content from its servers. You agree to your full cooperation of any such investigation of Spectrum Communications Services. If any such investigation determines at Spectrum Communications' discretion, any violation in part or full of this Agreement, it may, but is not obligated to, take action as stated in the Policies. Any such violation of this Agreement may result in criminal or civil liabilities including monetary damages and a handling fee of no less than $200.00 charged to your Spectrum Communications account. You grant Spectrum Communications permission in such an event, to put to account this fee to your credit card or other billing method.


2.0 BILLING

You agree to provide Spectrum Communications with accurate and complete billing information which will include your legal name, billing address, and telephone number, and to update information no more than thirty (30) days after any changes. Spectrum Communications will not tolerate payment of Spectrum Communications account(s) or Services by fraudulent means which will result in immediate termination and possible criminal and civil liabilities.

Your Spectrum Communications account(s) will be considered delinquent if your credit card company refuses payment of amounts billed to it and if not received after the next billing cycle. Account(s) are also considered delinquent if payment is not received in full by your billing date. Accounts which are delinquent may be suspended, archived or terminated from the Spectrum Communications system. Suspended accounts will continue to accrue late charges until reinstated or properly cancelled, even if the account is not being used by you, the account holder. You are responsible for any account opened by you until payment is made in full.

Reinstatement or cancellation of any account or Services must be made with Spectrum Communications Customer Service Department. For any inquiries regarding your account, you may reach the Customer Service Department via telephone at (313) 320-1686 between the hours of 9:00 AM - 9:00PM EST, Monday through Friday excluding Spectrum Communications observed holidays. You must provide Spectrum Communications with identifying information regarding your account in order to insure thorough processing. Cancellation of any account will be considered complete once payment of charges on your account have been made. Your account will be terminated immediately upon cancellation and no portion of the Service fees will be refunded or Pro-Rated.

Spectrum Communications in its sole discretion, does not Pro-Rate accounts. Accounts and Services are PREPAID monthly or yearly unless otherwise specified between Spectrum Communications and the account holder.

Spectrum Communications reserves the right to charge a service reconnection fee no less than $25.00 for any suspended or reactivated account.

Spectrum Communications reserves the right to charge no less than $20.00 for any returned check (including automated withdrawal from a checking account) and will automatically bill this to your Spectrum Communications account. You agree to pay this fee.


3.0 CONTENT

Spectrum Communications Services may include access to some areas of the Internet which may include discussion, materials, and pictures which may be offensive, harmful, and/or intended for adult audiences. For this purpose and the protection of our customers, all account holders must be eighteen (18) years of age or older. If you are a Spectrum Communications account holder and parent or legal guardian to a minor, you agree to (a) supervise all Internet activities of the minor in your household, (b) assume all risk associated with viewing content or exposing any minor or other person to content on the Internet, and (c) defend, indemnify, and hold Spectrum Communications harmless to any damages, claims, and losses, including attorney fees, resulting from viewing content or exposing a minor or other person to content on the Internet.

If your account Services include Web Hosting, it is at your discretion that content on your website be rated or evaluated.

Spectrum Communications holds no control over the content of information passing through its network or systems. It is foreseeable that disputes may arise between you and other entities or you and Spectrum Communications related to such content. Such disputes may involve, among other things, defamation, fraudulent use of identity, use or misuse of domain names, infringement of copyrights, trademarks, and other rights in intellectual property, and other misuse of information. You hereby agree that all claims, disputes or wrongdoings which result from or are related in any way to the content of information that passes through Spectrum Communications network or systems are your sole responsibility. You agree to indemnify and hold Spectrum Communications harmless of all claims, damages, costs and expenses, including attorney fees, which result from or are related in any way to the content of information that passes through Spectrum Communications network or systems or to your use of Spectrum Communications Services, software or equipment, and/or the Internet. It is your responsibility to abide lawfully as to the conduct of your Spectrum Communications Services. This agreement to indemnify Spectrum Communications shall endure the termination of this Agreement. You shall not assign or transfer the rights and Services granted by Spectrum Communications and this Agreement to anyone or any other location. Use of such Services, equipment or software binds your acceptance of this Agreement. Use of the Internet and the content available through it is at your own risk.

In compliance with applicable laws and reasonable requests from government and law enforcement in order to properly conduct Spectrum Communications systems or to protect Spectrum Communications and its account holders, Spectrum Communications reserves the right disclose any information including but not limited to, user name of account holders, content of personal electronic communications passing through its networks, and any information deemed necessary or suitable. Spectrum Communications will fully cooperate with government and law enforcement officials with regards to the investigation of any suspected lawbreaker. Furthermore, if it brought to its attention, Spectrum Communications reserves the right to report to law enforcement officials of suspicious acts that may not law abiding.


4.0 "AS IS" SERVICES; LIMITATION OF LIABILITY; INDEMNIFICATION

The Services provided by Spectrum Communications and/or any equipment used by Spectrum Communications which is used by you , are provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF PRODUCT ABILITY AND PROPRIETY FOR ITS PARTICULAR PURPOSE. YOU AGREE THAT Spectrum Communications IS NOT LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF BUSINESS, DISRUPTION OF SERVICE, OR ANY DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Spectrum Communications IS PREDISPOSED OF THE POSSIBILITIES OF SUCH DAMAGES. Spectrum Communications, its employees, agents and associates, vendors and distributors, and suppliers make no warranty of any kind, whether expressed or implied to the quality, accuracy, or validity of data and/or information that resides in or passes through its systems, or interconnecting networks, or that Spectrum Communications will be uninterrupted or free of error.

Neither party shall assume responsibility for any claim, loss, damage, liability or expense which may arise from or be related to this Agreement or to the use or inability to use Spectrum Communications Services, other than for payment of fees due and for indemnification under this Agreement, whether bound in contract, negligence or assumption of stern liability. Use of information obtained from or through Spectrum Communications is at your own risk. Spectrum Communications will not be held liable, under no circumstances, to you or any other person for any loss or damage due to the confidence of data and/or information available from or on Spectrum Communications systems, networks, and Services.

You agree to hold Spectrum Communications harmless of any claims related to or arising from, any action taken by Spectrum Communications in the course of investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. Meaning that you may not sue or take claim to any loss or damage from Spectrum Communications as a result of Spectrum Communications' conclusion to remove material and/or data from its servers, cancel newsgroup postings, caution you, suspend or terminate your account, or take any action necessary in effect of the investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This waiver applies to any violation of this Agreement. Under no circumstances will Spectrum Communications be held liable for any incidental, indirect, punitive or consequential damages including, but not limited to loss of profits, arising out of or related to the agreement or your use or inability to use Spectrum Communications Services or products. Spectrum Communications' liability and your exclusive respite shall be at Spectrum Communications' option, either the revert of the service fees paid for the current period of service and any set up fees paid, or replacement of connection of services or products. In any case, Spectrum Communications' liability under or arising out of this Agreement will be limited to the amount you paid for the Services in the six (6) months prior to the occurrence, act or injury that initiates the liability. Spectrum Communications' liability is applicable to jurisdictions which may not allow such limitations of negligence which causes death or personal injury and is liable only to the degree allowable under that jurisdiction.

You agree to defend, indemnify, and hold Spectrum Communications unaccountable for all claims, losses, and damages including among others, attorneys fees resulting from your violation of any part of this Agreement, your placement or transmission of content, material or data through Spectrum Communications networks or systems or any and all use of your Spectrum Communications account, with or without knowledgeable consent. This agreement to indemnify shall endure the termination of the Agreement.


5.0 MISCELLANEOUS

This Agreement will be governed and explicated under the laws of the State of Michigan, excluding its conflict of laws principles. The parties agree to abide under exclusive jurisdiction and venue of state and federal courts located and serving Wayne County, Michigan and submit to the personal jurisdiction under such courts.

Section 4 and your duty to render payments due under this Agreement shall endure the termination of the Agreement.

You shall not sell, transfer or assign this Agreement.

Should any part of this Agreement be deemed unable to administer, such part will be executed to the fullest extent necessary and in such a manner that serves to preserve the original intent of both parties. The remainder of this Agreement shall remain valid and operable.

In the event and without limitation of acts of nature, court or government and with exception of monetary payment, neither Spectrum Communications nor you will be held liable for any failure or delay of performance under the Agreement which might be due in whole or in part, directly or indirectly, to any contingency, failure, delay or cause of nature which is beyond the reasonable control of such party.


6.0 PRIVACY POLICY

Spectrum Communications will not sell or distribute your personal information to any list, telemarketing or mass distribution company or firm. Your information will be kept strictly confidential. Spectrum Communications may disclose information regarding accounts if requested to do so by law or other authorities with the
expressed demand for such material or content that may be under investigation.

Acceptable Use

1.0    GENERAL POLICIES

Spectrum Communications is an advocate of useful information and ideas on the Internet.  It is expectant that Spectrum Communications subscribers and users will act accordingly and lawfully and be considerate of others. Spectrum Communications reserves the right under no liability and in its sole desecration, to delete or prohibit conduct, content or communication on Spectrum Communications servers which it deems is likely to be unlawful or harmful to others.  You are bound to this agreement and all applicable Spectrum Communications agreements when using Spectrum Communications Services.  If in conjunction with Spectrum Communications Services, you use third party servers, networks or systems, you are liable for the policies and conditions applicable with these parties and to this Agreement.

2.0    PROHIBITED USE; VIOLATIONS

You agree to use Spectrum Communications Services lawfully and accordingly.  Transmission, distribution, and storage of material or conduct found unlawful to any local, state, federal or foreign law or regulation is strictly prohibited.   This shall include but is not limited to, unauthorized use of material that is protected by copyright, trademark or other intellectual property right, material found to be obscene, material that establishes an illegal threat or material that violates export control laws and regulations.

Spectrum Communications will not tolerate the distribution, transmission or storage of offensive content on or through its servers.   Spectrum Communications without limitation, prohibits any transmission of viruses, Trojan horse applications, messages used solely to distort or control the recipient's screen or display, unsolicited advertisements or schemes, unsolicited e-mail and newsgroup posts (or "SPAM"), pyramid or chain e-mail, fraudulent threats, harassment or offers, newsgroup postings that violate the rules of that newsgroup, and defamation.

In regards to SPAM, Spectrum Communications will not tolerate and prohibits any form of SPAM or any form which has the effect of facilitating  SPAM on or through its networks or systems.  Further definition of SPAM includes, but is not limited to, transmission of more than fifty (50) e-mail messages from a single sender and transmission of more than ten (10) same or similar newsgroup posts in a single day.  Spectrum Communications without limitation, may assess content which have the effect of facilitating SPAM and may take all necessary action to filter SPAM transmissions.  Spectrum Communications may in its sole discretion, charge a handling fee of no less than $10.00 per occurrence (each message or post over the stated limit) or $200.00 per day to the originator of SPAM which is transmitted on or through its systems or networks.  If Spectrum Communications suspects that you have transmitted SPAM, your account and Services may be suspended or even terminated.  Spectrum Communications may have a separate policy stating the prohibitions and consequences of  SPAM.

Spectrum Communications prohibits mail and news bombings, defined as transmitting more than ten (10) e-mail messages to the same e-mail address and transmitting more than ten (10) megabytes (MB) of data to a newsgroup, respectively.

Further violations of this Agreement and Spectrum Communications Services include, but are not limited to:

1.  SPAM: Mass (10 or more), unsolicited (not requested), distribution (sending, posting) of e-mail, newsgroup postings, ICQ messages/postings, IRC messages/postings to, thru, or from Spectrum Communications servers.
2.  UNAUTHORIZED SERVERS: Running servers of any kind that have not been cleared with Spectrum Communications. Servers include, but are not limited to: http, ftp, irc, icq, telnet, dns, mail, & news.
3.  FRAUDULENT CLAIMS: False statements regarding your personal information.
4.  ATTENDED ACCESS: Unlimited accounts must be "attended access". Unattended access (line camping) is not allowed. Attended access is defined as physical human interaction with the computer. The use of "bots" or other devices to keep the connection active, also known as "pinging" is strictly prohibited.
5.  HACKING: Attempting to gain access to a network or computer you are not authorized to access. Attempting to control another network or computer.

3.0    SYSTEM AND NETWORK SECURITY

Spectrum Communications prohibits the unauthorized access of its system and/or network.  Violations which may be subject to criminal and/or civil liabilities and include without limitation: (i) any unauthorized access of Internet accounts and sites which compromises its security; (ii) any form used to conceal or distort the identity in e-mail or postings which refrains the recipient from responding; (iii) interference with service to any host or network; (iv) network or system security hacking devices which may generate confidential information (including without limitation, passwords, credit card numbers, and other security codes); (v) transmission of data in excessive amounts; (vi) misuse, abuse or unauthorized access of accounts and passwords; and (vii) unauthorized reselling or transferring any part of Spectrum Communications Services without prior written consent.

4.0    ENFORCEMENT

In compliance with applicable laws and reasonable requests from government and law enforcement in order to properly administrate Spectrum Communications systems or to protect Spectrum Communications and its customers, Spectrum Communications reserves the right disclose any information including but not limited to, user name of account holders, content of personal electronic communications passing through its networks, and any information deemed necessary or suitable.  Spectrum Communications will fully cooperate with government and law enforcement officials with regards to the investigation of any suspected lawbreaker.   Furthermore, if it brought to its attention, Spectrum Communications reserves the right to report to law enforcement officials of suspicious acts that may not be law abiding.

In the event that Spectrum Communications receives any complaints or becomes aware of possible violations of  the Agreement, it is at its sole discretion, warranted for an investigation into such matters.  This investigation may include but is not confined to, gathering information from and about account holders and examining the content of personal electronic communications, Web pages and Personal pages provided by Spectrum Communications servers.  In the duration of any investigation, Spectrum Communications may suspend any and all Services in use by the customer under investigation and may also remove content from its servers.  You agree to your full cooperation of any such investigation.

If any such investigation determines at Spectrum Communications' discretion, any violation in whole or in part of this Agreement,  it may, but is not obligated to, take any or all of the following measures: temporarily or permanently remove material from Spectrum Communications servers, discontinue access to newsgroups, cancel newsgroup postings, move posts to a more appropriate forum (if any), warn the account holder(s) involved, suspend or terminate account(s), remove or deny the suspected violator access to Web host page(s) or Spectrum Communications Personal Web page(s) Spectrum Communications servers, remove electronic communications sent by the suspected violator on or through Spectrum Communications servers, and take other responsive action at any time and for any reason. Any such violation of this Agreement may result in criminal or civil liabilities, including monetary damages and a handling fee of no less than $200.00 charged to your Spectrum Communications account.  You grant Spectrum Communications permission in such an event, to put to account this fee to your credit card or other billing method.

Your use of Spectrum Communications Services constitutes your acceptance of this Agreement in whole.  It is your responsibility to get updated information pertaining to this Agreement and to notify Spectrum Communications of any suspected violations.

Spectrum Communications is not liable for data and/or information that passes through its network or system and the Internet. Use of the Internet and the content available through it is at your own risk.  It is your responsibility to abide lawfully as to the conduct of your Spectrum Communications Services.

Spectrum Communications reserves the right to modify this agreement anytime. Any changes made will be posted on this page and will be effective immediately.