The Computer Works of Arkansas, Inc. ISP (hereinafter "TCWORKS") as Subscriber(s) Internet Service Provider. When using TCWORKS service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure all TCWORKS customers (hereinafter “subscriber(s)”) have a high quality service that is being used appropriately by all customers. By establishing and using Subscriber(s) TCWORKS account, Subscriber(s) agree to all of the Terms and Policies set out in this document. The laws of the state of Arkansas govern this agreement, Subscriber(s) account, TCWORKS, its directors, officers, employees, agents and subsidiaries. Subscriber(s) represents that he/she is at least 18 years of age and has the right and ability to enter into this agreement. By accepting this agreement, Subscriber(s) represents that they meet this age requirements. Minors who use the service are required to have parental or guardian consent to do so.
1. General Terms and Policies: TCWORKS is a private company providing a commercial gateway to the Internet. TCWORKS equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise enjoy all legal aspects of the Internet, subject to these Terms and Policies.
The use of TCWORKS service for illegal purposes is prohibited. Use of Peer to Peer, Torrent, or other mass downloading application is strictly prohibited. Unlawful use may include, but is not limited to: illegal online gambling, transmissions, posting or downloading of child pornography, intentional spreading of computer viruses or harmful code, unlawful entry into public or private computer systems including TCWORKS own network Infrastructure, trafficking in stolen credit card codes, use of TCWORKS network in violation of the Digital Millennium Copyright Act (DMCA), of any other violation of an applicable federal, state, or local law will result in immediate account termination.
This service is provided to authorized persons or organizations and any use of the service is subject to any restrictions listed below. By using the Service, Subscriber(s) agree to be bound by all of these Terms and Policies. If Subscriber(s) do not agree to be bound by these Terms and Policies, Subscriber(s) must cancel Subscriber(s) account immediately and May not thereafter use or attempt to use the Service. TCWORKS grants Subscriber(s) a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which Subscriber(s) are a primary user. Subscriber(s) may not assign, sub-license, resell whether wholesale or retail to the public or to any of Subscriber(s) customers, clients or tenants or transfer any rights or obligations of the Service without the express written consent of TCWORKS. Subscriber(s) is solely responsible for the provision, configuration and maintenance of all equipment of Subscriber(s) premise, including but not limited to, computer equipment, software and networking equipment (routers, switches, etc.).
TCWORKS does not provide a minimum speed guarantee. The advertised speeds on non-guaranteed rate plans are maximum speed only. Actual obtainable speeds on these plans may be markedly lower and will vary depending upon many factors including location of Subscriber(s) home or office, quality of equipment, computer performance and configuration, network or internet congestion, internet sites accessed and current weather conditions. Uninterrupted and error free service in not guaranteed.
Usernames must consist of 3-16 characters, all lowercase letters or numbers. Profanity is not permitted within the username. Passwords can be any combination of upper and lowercase letters and numbers and must be a minimum of 8 characters.
2. Coverage: If Subscriber(s) are an individual Subscriber(s), these Terms and Policies apply to all persons who gain access through Subscriber(s) account. If Subscriber(s) are a commercial Subscriber(s), these Terms and Policies apply to all Subscriber(s) employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using Subscriber(s) account will be imputed to Subscriber(s).
The billing cycle is based upon a calendar month. The billing cycle begins on the installation day of the Subscriber(s) monthly service and all payments will be due on that day of the month. Activation fees, registration fees, late fees, connect time charges, additional charges and monthly recurring fees are billed in advance 10 days before the upcoming monthly service. If Subscriber(s) fail to pay for Subscriber(s) account on the due date, TCWORKS may without further notice suspend Subscriber(s) account. There is a $5.00 accounting charge to reactivate suspended accounts. Suspension does not remove Subscriber(s) responsibility to pay all fees incurred up to the date that TCWORKS suspends Subscriber(s) account. If TCWORKS incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount Subscriber(s) owe. After a suspended account is delinquent for 30 days, it will be deleted. Deleted accounts require a $19.95 reactivation fee paid together with any outstanding balances to resume service. Subscriber(s) shall pay all applicable taxes, government fees or FCC fees related to use of the services.
a. Credit Card Policies: Payments made by credit-card billing are posted automatically at the beginning of each billing cycle. The amount of the payment will be whatever amount is required to bring the account total to zero. TCWORKS accepts either American Express, Discover, MasterCard or Visa credit/debit cards for payment. Subscriber(s) who choose credit-card billing enjoy automatic and hassle free payment of their TCWORKS account. Each month's fees will be automatically charged unless otherwise specified by Subscriber(s). Please understand that TCWORKS will be unable to process payment for a given account if the credit-card expiration date is expired, if the bank is declining credit or if the card has been reported lost or stolen. In any of these events, TCWORKS will send electronic mail to the customer informing them of this situation. TCWORKS reserves the right to limit access to any Subscriber(s) if TCWORKS is unable to process their credit-card payment, regardless of cause.
B. ACH (Automated Clearing House) Policies: TCWORKS adheres to the rules set by NACHA. Payments made by ACH (Automated Clearing House) are posted automatically at the beginning of each billing cycle. The amount of the payment will be whatever amount is required to bring the account total to zero. Subscriber(s) who choose ACH (Automated Clearing House) billing enjoy automatic and hassle free payment of their TCWORKS account. Each month's fees will be automatically charged unless otherwise specified by Subscriber(s). TCWORKS reserves the right to limit access to any Subscriber(s) if TCWORKS is unable to process their ACH (Automated Clearing House), regardless of cause.
c. Returned Checks and Credit-Card Charge-Backs: Returned checks (returned as insufficient funds, stopped payment, etc.) will result in a $20.00 service fee. Credit-card charge-backs will result in a $30.00 service fee.
4. Term: The Service is provided Subscriber(s) on either a month-to-month or yearly service term contract. TCWORKS must receive notice (by first-class mail or by speaking with someone in the billing department in person or by telephone) from Subscriber(s) at least 5 days prior to Subscriber(s) month to month service term agreement anniversary or 30 days’ notice for yearly service term contract anniversary. If TCWORKS does not receive notification at the end of the yearly service term, service term contract will revert to a month to month service term at the previous monthly rate. Total or partial yearly and monthly payments are non-refundable. Please note that Subscriber(s) notice of termination may not have been received and processed if Subscriber(s) have not received confirmation from the billing department.
5. Grounds for Suspension and Termination: Subscriber(s) agrees to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for TCWORKS to suspend or terminate Subscriber(s) account. Subscriber(s) agrees that TCWORKS has the right, with or without notice, to suspend or terminate Subscriber(s) account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming");
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which Subscriber(s) are not the owner or a communication on which Subscriber(s) are not the sender or intended recipient;
d. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity;
e. Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, excessive download traffic for the Subscriber(s) web page or site, sending excessive e-mail traffic, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups;
g. Using the Service to operate server programs, including but not limited to mail servers, IRC servers, ftp servers or web servers.
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional;
l. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s) or the IR connectivity, including but not limited to SYN flood attacks and smurfing,
m. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s);
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than Subscriber(s) own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Furnishing false data on Subscriber(s) sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
6. Security: Subscriber(s) agrees not to access or attempt to access private areas of the Service. Subscriber(s) agrees to notify TCWORKS as soon as Subscriber(s) become aware of an unauthorized use of Subscriber(s) account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property: TCWORKS does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If TCWORKS is informed of an alleged copyright or trademark infringement on the Service, TCWORKS will attempt to notify the effected Subscriber(s) of those allegations and secure a response. TCWORKS may, at its sole discretion, remove on a temporary or permanent basis, materials which TCWORKS believes may create, constitute, or contribute to copyright or trademark infringements. Subscriber(s) agree not to assert any claims against TCWORKS for any such removal.
8. Liability: Subscriber(s) agree that use of the Service is at Subscriber(s) own risk. Except for information, products, or services clearly identified as being supplied by TCWORKS, neither TCWORKS nor any of its affiliate’s controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. TCWORKS neither endorses nor is responsible for the accuracy of such material, and Subscriber(s) agree that TCWORKS is not responsible for any loss or damage caused by Subscriber(s) use of, or reliance on, such material. Subscriber(s) understand and agree that Subscriber(s) have sole responsibility for Subscriber(s) posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on TCWORKS's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. Subscriber(s) agree to indemnify and hold harmless TCWORKS and its officers, directors, employees, and other customers and Subscriber(s) from and against any claims, losses, costs, liability, damages or expenses arising out of Subscriber(s) postings. Subscriber(s) agree to be liable for any damages or loss of service which results in damages to TCWORKS as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.
9. Warranty: TCWORKS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY TCWORKS OR ITS EMPLOYEES SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO SUBSCRIBER(S) BY TCWORKS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; TCWORKS DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. TCWORKS DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF SUBSCRIBER(S) DATA STORED ON THE SERVICE.
10. Content: Subscriber(s) understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to Subscriber(s) or users for whom Subscriber(s) are responsible. TCWORKS has no responsibility for or control over such materials, and Subscriber(s) take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material Subscriber(s) may find objectionable.
12. Privacy: TCWORKS commits to follow the controlling Federal and state laws respecting Subscriber(s) privacy and data access. TCWORKS will not provide names, addresses, telephone numbers, e-mail addresses, usernames, passwords, or other personally identifiable information on any Subscriber(s) to any third party without prior permission from that Subscriber(s), or under an appropriate court or administrative directive. TCWORKS may access and use individual Subscriber(s) information in the operation of the Service and as necessary to protect the Service. TCWORKS may provide aggregate data on Subscriber(s) to third parties.
13. Changes: TCWORKS may change at any time and for any reason these terms of service and acceptable use policies. Revised terms and policies will be posted at http://www.tcworks. Revised terms and policies are binding on Subscriber(s) as soon as they are posted. If Subscriber(s) do not wish to continue subscribing to the Service under any revised terms and policies, Subscriber(s) must inform TCWORKS (by first-class mail or by speaking with someone in the billing department in person or by telephone) at once, and Subscriber(s) account will be closed. Please note that Subscriber(s) notice of termination may not have been received and processed if you have not received confirmation from the billing department.
14. Payment and Correspondence: To insure proper credit to Subscriber(s) account, regular monthly payments should be mailed or brought to the TCWORKS office in Conway, AR. No other agencies or companies (other than our collection agency for past due accounts) are authorized to collect payments for the Service. Payments, cancellation notices, and other correspondence should be mailed to:
The Computer Works of Arkansas, ISP
PO Box 2620 Conway, AR 72033
1180 Collier Drive Conway, AR 72032