Terms & Conditions
Totelcom’s commitment is to provide our customers with consistently superior on-line experiences. To accomplish this, Totelcom provides customers a number of services that make use of the Internet and other on-line services and third party software.
BY USING ANY OF THESE SERVICES, YOU ARE ACCEPTING THE TERMS AND CONDITIONS SPELLED OUT IN THIS DOCUMENT.
This document, the “Totelcom Acceptable Use Policy,” is an agreement that governs the use of our Internet services. It is an agreement between you, as a subscriber to our service, and Totelcom. You are responsible for all users and usage of the account, whether or not the use is authorized. This agreement is a series of guidelines that are designed to help Totelcom meet the needs of our customers and assure the quality of service and safety of all on-line users. It is hoped that the guidelines encourage responsible use of Totelcom services by our community of users that, along with good judgment, will continue Totelcom’s ability to provide superior customer experiences both to our customers and the Internet community as a whole.
Our policies target the following goals:
- Increasing the enjoyment and usage of the Internet
- Maintaining the image and reputation of Totelcom as a responsible provider
- Preserving the privacy and security of individual users
In the event that Totelcom believes or discovers that a service subscriber has violated this policy, Totelcom reserves the right to terminate or suspend service(s) without notice. In the case where an account has been terminated or suspended, the reactivation of the old account or the acquiring of a new account will only be allowed by express approval of Totelcom. The account may also be held responsible for any charges associated with any installation or activation charges, whether it is for a new account or an existing suspended or terminated account.
The provision of this Acceptable Use Policy does not in any way obligate Totelcom to monitor or police accounts for violation. Totelcom is not responsible for content and is acting only as a passive conduit. Totelcom is also not liable to any party, either you or any other party, for any violations of this policy.
Because of the continual changes in the Internet environment, technology, legal requirements, and service offerings, Totelcom reserves the right to modify the Acceptable Use Policies whenever needed without prior notification. Changes to the policies will be posted electronically on-line. It is your responsibility to be aware of and understand the policies and posted modifications. Any use of the service after the posting will constitute the acceptance by the subscriber of the policy modification and or changes.
This site is provided by Totelcom Communications, LLC (“Totelcom”) on an “AS IS” basis. Totelcom makes no representations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content, materials or products included on this site. To the full extent permissible by applicable law, Totelcom disclaims all warranties, expressed or implied. Totelcom will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. When accessing any links contained on this site, you will be leaving Totelcom’s website. Totelcom does not monitor, endorse, have control over, or accept responsibility for the content of the linked site, or the views expressed therein. Totelcom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. For notification of claimed infringement under the DMCA, contact Totelcom’s designated agent registered with the U.S. Copyright Office: Copyright Manager; Totelcom Communications, LLC; 6100 Hwy. 16; De Leon, TX 76444; 254-893-1000; email@example.com
In the event that Totelcom receives notification of copyright infringement by a subscriber, Totelcom will notify said subscriber in writing upon the first, second, and third violations. If Totelcom receives a fourth copyright infringement notice within six months of the first notice, said subscriber’s service will be terminated.
In providing on-line services, Totelcom has certain rights and responsibilities to you and to Federal and State legal authorities. Following is a list of some, although not all, of Totelcom’s rights and responsibilities.
In providing service to you, Totelcom employees or representatives have the right and responsibility to examine operational systems, access logs or audit trails in order to resolve problem or service system errors. Totelcom employees or representatives have the right and responsibility to monitor operational systems, access logs or audit trails for purposes of measuring system performance and for billing purposes. In our responsibility to the Internet community and /or for the protection of Totelcom’s services and reputation, Totelcom has the right to respond accordingly, including the monitoring of accounts.
Totelcom has the obligation and responsibility to cooperate with appropriate legal authorities in investigating illegal activities. In instance where you or other users of Totelcom’s services or of the Internet have reported to law enforcement authorities to the extent possible. Totelcom will not become involved in the mediation or resolution of dispute between Totelcom subscribers and /or Internet users.
Totelcom will take necessary measures to provide a high level of security for the services offered. In offering the services, Totelcom cannot provide any guarantee of secure service or secure servers including any data on the servers or any part of the services, even if the service or servers are described as “SECURE.” Totelcom will also not assume any liability for the security of the services, the servers or the data.
In providing services and systems used for communication purposes, Totelcom will assist to the extent possible those subscribers who notify Totelcom of any e-mail or postings that they view as illegal or unsolicited. Totelcom does not have the responsibility or the authority to regulate or censor the content of any newsgroup or communications passing through its services or systems. Additionally, the content of any communications sent via Totelcom systems does not reflect the endorsement or approval of Totelcom.
If Totelcom becomes aware of inappropriate use of its services or of illegal activities engaged in by either you or another user of your account, Totelcom may respond accordingly, including the immediate termination of the account without notice if deemed appropriate.
In using Totelcom services, you will abide by the following policies concerning privacy and censorship:
- You have the responsibility to monitor your accounts for access to newsgroups and Web sites that may contain offensive material.
- You will notify Totelcom of the continual receipt of e-mail that you view as illegal or that is unsolicited.
- You must not design or provide systems used for the collection of information about others without their explicit knowledge and consent. For Web sites that require registration before access or downloading of information, the intended use of the “registration” information should be provided.
- You will not misuse any electronic information collected about others.
In using Totelcom services, you will abide by the following policies concerning security:
- You will not attempt to interfere with or compromise any part of the Service’s operation, the equipment making up the Service and its system, other accounts or restricted areas of the Service and its system, or in any manner affect the availability of the Services or its systems for other Totelcom customers.
- You are prohibited from trying to gain access to any account, customer data or system that you do not have authorized access to unless consent has been granted by the owner.
- You may not attempt to compromise the security of any computing facility or assist others to compromise the security of a computing facility.
- You may not modify or prevent the intended or proper operation of any computing facility.
- You will protect your passwords. You will not disclose any information regarding passwords that protect services and facilities to others. You will not attempt to discover the password of another user, nor attempt access to services or facilities with the use of another’s password.
- You may not disclose any part of any of Totelcom’s or any other party’s confidential information, including but not limited to any business records, files or business practices.
In using Totelcom services, you will use Totelcom services for lawful purposes only and will not engage in any illegal activity. Illegal activities include activities that violate federal or state regulations and laws or the legal rights of others. Illegal activities include, but are not limited to:
- The illegal transmission, illegal storage or illegal use of copyrighted material, trade secrets, confidential information or threatening material.
- Postings or e-mails containing threats of violence.
- Distributing or disseminating of illegal defamatory, infringing or obscene material or information. Using Totelcom’s services to threaten, harass, stalk, abuse or otherwise violate the legal rights of others.
In providing services to you, Totelcom does not have the responsibility for the content or tone of any e-mail sent using Totelcom’s services. In using Totelcom’s services, you will abide by the following policies:
- You are prohibited from sending unsolicited bulk e-mail, or from the receiving of responses from unsolicited bulk e-mail in a Totelcom e-mail address.
- You are prohibited from sending e-mail that is terroristic in nature, threatening and/or harassing.
- You will not intercept or redirect e-mail intended for others.
- You will not maliciously send files with either corrupted data or viruses.
- You will not use impersonation, or use a different name or address with the intent of misleading the receiver into believing that the sender is someone other than who they are. You are responsible for ensuring that any resource limitations in the use of e-mail or mailboxes are followed.
In providing access to Chat services, which are multi-user, multi-channel chatting networks that allow Internet users to talk (via text) to each other in real time about subjects of mutual interests, Totelcom does not have the responsibility for the content or the tone of any chat. In participating in any chat forum accessed from Totelcom services, you will not violate any accepted policies on the chat servers and will not make use of chat bots, or any automated data that is not human generated.
In providing access to Totelcom’s services or to the Internet, Totelcom provides resources, including but not limited to bandwidth and disk space, that are used on a shared basis by many subscribers. Because the resources are limited, it is not appropriate for any subscriber to exceed their usage of these resources. If the excessive use by an account is such that it potentially impacts Totelcom’s ability to provide services or that network resources need to be protected, the account can be terminated immediately.
To facilitate the use of shared network resources, Totelcom has resource limits for the use of the e-mail services. Totelcom shall not be liable to you or parties interacting with you for any damages resulting from the actions Totelcom takes to enforce the following provisions:
- Total mailbox storage is limited to fifteen megabytes per mailbox. When the mailbox reaches the fifteen megabytes of storage limit, mail will be returned to the sender with a message indicating that the receiver’s mailbox is full.
- The maximum size of an e-mail message is five megabytes, either for inbound or outbound messages. Messages that exceed five megabytes will not be delivered, and the user will receive a notification message informing them that the message was too large.
ADDITIONAL TERMS AND CONDITIONS
You are solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of messages or information in connection with services provided by Totelcom. Totelcom is acting only as a passive conduit. Totelcom gives you complete discretion over the content to be accessed or distributed in connection with the Service. Totelcom has no obligation, and undertakes no responsibility to determine whether any such content may give rise to liability to third parties. Notwithstanding anything to the contrary herein, if Totelcom believes in its sole discretion that any use by you of service may create liability for Totelcom, Totelcom may take any actions, including but not limited to termination of service, that Totelcom believes are prudent to minimize Totelcom’s potential liability.
If additional content screening would be of benefit to you, please contact our Customer Service department. Totelcom uses Web sense for content screening for an additional fee. This service will assist you in screening on-line content. However, some internet users continue attempts to circumvent the effectiveness of any filtering or screening systems and you remain solely responsible for managing the content of information received over the Service.
TOTELCOM SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF OR RELATED TO THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL TOTELCOM BE LIABLE TO YOU OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE APPLICABLE CREDIT FOR SERVICE INTERRUPTIONS.
This site is provided by Totelcom. Totelcom makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on this site. To the full extent permissible by applicable law, Totelcom disclaims all warranties, express or implied. Totelcom will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct incidental, punitive, and consequential damages. When accessing any links contained on this site, you will be leaving Totelcom’s web site. Totelcom does not monitor, endorse, have control over, or accept responsibility for, the content of the linked site or the views expressed therein. Totelcom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
The content of our software and all Totelcom on-line software or sites, including but not limited to the text and images therein and their arrangement, are copyrighted. All Rights Reserved. Totelcom hereby authorizes you to copy and/or display the content herein, but for your personal, non-commercial use only. Any copy you make must include this copyright notice. If attribution to Totelcom is included, limited quotations from the content are hereby permitted. You may not sell, copy, use or display for redistribution to third parties or for commercial purposes any portion of the content without the prior written permission of Totelcom.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or proprietary rights of Totelcom or of any third party.
BY INSTALLING OR USING TOTELCOM INTERNET SOFTWARE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR TOTELCOM’S INTERNET SERVICES. THESE TERMS AND CONDITIONS ARE CONTAINED IN YOUR INSTALLATION PACKAGE OR CAN BE VIEWED ON TOTELCOM’S WEB SITE.
IN NO EVENT WILL TOTELCOM, OR ANY OF ITS AFFILIATED COMPANIES USING TOTELCOM FOR THE PROVISION OF INTERNET SERVICES, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS, ANY DAMAGE OR LOSS OF YOUR COMPUTER’S SOFTWARE, DATA FILES OR PERIPHERALS WHICH MAY RESULT FROM THE INSTALLATION OR REMOVAL OF THE TOTELCOM SOFTWARE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE.