I-Land Internet Services, a division of Imagination, Inc., ("I-Land")
operates a high speed connection to the Internet and makes its network
and computer facilities available to I-Landís subscribers for personal,
commercial and research uses. During normal usage of network resources,
subscribers may utilize portions of the Internet that restrict
commercial or other traffic as per its own Acceptable Use Policies ("AUPs").
All I-Land subscribers must abide by all AUPs for any network that they
traverse, and always comply with local, state, federal, and
Terms and Conditions for Use of I-Land
Internet Access Service:
1) I-Land exercises no control over the content of the information passing through its networks. I-Land makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it provides. Warranties on equipment and/or software purchased from I-Land are limited to the written limited warranty, which accompanies merchandise. All sales are final with no returns on equipment and/or software other than required by law. I-Land, its affiliates, access providers, or contractors shall not be liable for direct, indirect, incidental, special, punitive or consequential damages that result in any way from customer’s or customer’s authorized users’ use of or inability to use the service or to access the Internet or any part thereof, or customer’s or customer’s authorized users’ reliance on or use of information, services, communication, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation , or transmission, or any failure of performance. Use of any information obtained via I-Land is at the user’s own risk. I-Land specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2) Any liability of I-Land, including without limitation liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or any other cause of action, shall be strictly limited to the amount paid by or on behalf of the customer to I-Land for the current month.
3) I-Land’s network and services may be used for lawful purposes only. Transmission of any material in violation of federal, state, or foreign regulation is prohibited.
- Customer understands that the Internet contains unedited materials including sexually explicit material and other material, which may offend some people. Customer and customer’s authorized users access such materials at customer’s own risk. I-Land has no control over and accepts no responsibility for such materials.
- The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by I-Land, its affiliates, access provider or its contractors or their respective employees shall create a warranty. Neither I-Land nor its affiliates or access providers warrants that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
- If customer is dissatisfied with the service or with I-Land's terms, conditions, rules, policies, guidelines, or practices in operating the service, customer’s sole and exclusive remedy is to terminate this Agreement in accordance with Section 12 and discontinue using the service.
- I-Land has no obligation to monitor the service. However, customer agrees I-Land has the right to monitor the service electronically and disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. I-Land will not intentionally monitor or disclose any private electronic-mail message unless required by law. I-Land reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. I-Land also reserves the right to contact authorities regarding publicly accessible material brought to its attention if it appears to be of questionable legality.
- Copy Right Infringement Policy:
I-land Internet Services will act upon any and all copyright infringement notices received by our agent regarding the transmission of copyrighted materials. Infringements identified by agents representing a copyright owner and under the guidelines established by title II DMCA having lawfully given notice to us of the transmission of copyrighted materials will be located by our Network Operations Center and contacted by our Abuse agent. Notification of said infringement will be issued VIA email as well as an attempt to contact customer by phone. We will only send a correspondence to the I-land account associated with the identity of the infringing customer, we will not make notification to any other email account that customer may use. If response is not received in a timely manor to that notification then your account is subject to disconnect until such time the infringing account owner contacts our Abuse agent.
Offenders of said copyright infringements will be notified as to what copyrighted materials we have received infringement notice for and what steps need to be taken to satisfy infringement complaint. This will include directing infringing customer to remove all offending software and copyrighted materials from his or her computer.
In the case of repeat offenders any customer that has received 3 separate infringement violation notices, be they for the same copyrighted protected title or be they for a different title they will be considered a repeat offender; if the date and time of the violations are found to be different than previous infringement notices. Services maybe suspended or even terminated in some cases.
Customers suspended or terminated for copyright infringements will not be subject to any refunds of prepaid connection services and all equipment if owned by I-land located at the customer premise must be returned or customer will also be billed for cost of said equipment. Copyright infringement contact email@example.com
4) I-Land may deny customer access to all or part of the service without notice if customer engages in any conduct or activities that I-Land, at its sole discretion, believes violates any of the terms and conditions in this Agreement. This could include a temporary or even permanent disconnect of connection if abusive traffic is found to be coming from a customers I.P. address wherein that traffic is causing congested or problems within our network. Abusive traffic maybe in the form of virus, Malware, Spyware or equipment malfunction belonging to the customer. The customer may not be aware of such traffic until which time it is found to be at an abusive level and therefor warrants immediate cut off by our Network Operations center. If I-Land denies customer access to the service because of such a violations, neither customer or customer’s authorized users shall have any right (1) to access through I-Land any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through I-Land, and I-Land shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
When accessing other networks connected to I-Land’s systems or networks, customer must comply with those networks’ AUPs.
Resale of I-Land’s networks and/or services is strictly forbidden under all circumstances without a prior written agreement between I-Land and Customer concerning resale of I-Land's services. Further, unless otherwise arranged in writing, I-Land’s services are offered only to the customer and those residing in their family residence, or in the case of a business, to that business exclusively. The I-Land services is not to be shared with other entities, whether by sharing of username/password or through other electronic means.
5) When accessing other networks connected to I-Land’s systems or networks, customer must comply with those networks’ AUPs.
6) Resale of I-Land’s networks and/or services is strictly forbidden under all circumstances without a prior written agreement between I-Land and Customer concerning resale of I-Land's services.
7) The Terms and Conditions of this Acceptable Use Policy supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any other submittal. Use of I-Land’s services, networks, and systems constitutes acceptance of these Terms and Conditions
8) Standard dial-up accounts provide unmetered attended access. Unmetered attended access allows interactive, attended access each month without fear of being charged a "per hour" surcharge beyond over a set number of hours during that month. It is not a guarantee of line availability or uninterrupted connection, nor is it a substitute for a dedicated line, which is available to users with the need for a guaranteed, uninterrupted connection. Servers including but not limited to web, chat, and FTP servers (and other processes that provide similar server-like functions) operate in an unattended mode by definition. These processes may not be run on a computer connected to I-Land via a standard dial-up account. If you must operate such a server, contact I-Land about dedicated connection options.
Standard dial-up account users must log off if idle for more than 15 minutes. We reserve the right to automatically disconnect users after 15 or more minutes of inactivity. For the purposes of this agreement, "inactivity" includes that activity meant solely to avoid the automatic 15 minute disconnect. Users sending email that is addressed to more than 50 recipients or that totals more than 50mb of data (recipients x message size) must run consecutive mail delivery programs. Single mailings to more than 50 recipients or mailings that total more than 50mb of data (recipients x message size), unsolicited mail (commercial or non-commercial) to multiple recipients and/or harassing or threatening emails are not allowed. An individual dial-up account entitles only the named user to log in, and from only one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a single account is not permitted unless by special arrangement: I-Land also offers dedicated connections and dedicated lines. Those dedicated service accounts are not governed by the above non-dedicated account usage policies, but ARE governed by ALL other AUP terms and conditions. Other uses are considered fraudulent. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period.
- I-Land reserves the right to implement and modify at its discretion any utility necessary to provide fair access opportunities for all I-Land dial-up customers. If lines in a particular market are full, I-Land may automatically disconnect users who have been online for many hours that day, and not allow them to reconnect to any I-Land dial-up port until sufficient ports, as determined by I-Land, become available. This will free a modem line for a customer who has had no opportunity to access I-Land on that day. Implementing this utility and, as necessary, other similar utilities, will allow I-Land to continue to offer unmetered attended access without charging additional fees for extended usage.
10) Commercial postings to non-commercial newsgroups or listservs, or postings which are directed to either inappropriate, unrelated, or more than 10 groups or listservs are prohibited. "Iland.net" groups or listservs, if any, do not allow postings, or references, to other service providers.
11) "Personal web space", which I-Land provides at no additional charge to customers with I-Land dial-up accounts, is intended for personal, non-commercial use only. For the purposes of this document, "commercial" includes but is not limited to businesses, home-based businesses (full- or part-time), government entities, educational institutions, organized clubs, and trade unions. If a commercial web site is found to reside in a user's personal directory, I-Land may take actions up to and including removal of the site, cancellation of the user's dial-up account, and/or billing in arrears for the site at the then-current commercial web site rates, and requiring that the site (if maintained) be moved to one of I-Land's commercial web server platforms.
- A total of 20mb of storage space is provided to each user. This for the purpose of a personal web site. Personal web sites may transmit up to 500mb of data per month. Sites with transmission totals beyond 500mb per month must either be removed, adjusted to bring transmission total within personal web site guidelines, or moved to a commercial web site plan (regardless of the "personal" nature of the website). Personal means that it hasn't any commercial intent, i.e. sale of a product or services. If you wish to created a site for commercial purposes we encourage you to ask about our web-site hosting service.
- I-Land has partnered with IBM in order to provide customer with a secure modern e-mail service. A basic mailbox has 2Gigabyte of storage access to the webmail portal (access from anywhere in the world) PoP3 mail service and SMTP authorized outbound mail along with the latest Spam and Anti-Virus filtering. It should be noted that if a customers mailbox quota reaches its maximum storage limit for longer than 90 days, your account will be disabled and all mail within the account will be lost. We encourage users to manage their mailbox quota by deleting un-wanted mail and dumping the spam box. If there is mail that you want to keep, we encourage you to download the contents of your mailbox to your local machine using a PoP3 mail client.
- I-Land also offers Premium mail accounts, with a premium account user get all of the features contained within the "Basic" mail account, plus they get IMAP mobile services and 20 Gigbytes of mail storage. There is also an option to add SSL (Securel Socket Layer) certificates for an addtional 2.00/month.
12) Payments for I-Land services must be made in advance via a pre-arranged monthly credit card payment, pre-arranged monthly auto debit from checking account, or yearly by cash or check. Depending on the payment option, customers will be billed via credit card, auto debit from checking account, or invoiced directly by I-Land. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. The customer agrees to pay invoices immediately upon receipt and until the account is cancelled by signed notification. Refunds will not be issued for partial months of remaining service. Any future months of paid service fees will be refunded to the customer upon receipt of cancellation notification, and the user account will be closed at the end of the current month. These charges will be processed once per month on a regular schedule. Accounts that remain unpaid after the invoice due date may have their service interrupted. Such interruption will not relieve the customer from the obligation to pay the monthly account charge. An account re-activation fee of $15.00 may be charged to reestablish service. If customer pays by auto debit or check and it is returned unpaid, the account will be immediately suspended in default, and the check will be subject to a returned check fee of up to $25.00. If customer defaults on payments due I-Land, customer agrees to pay I-Land reasonable collection expenses, including attorney and collection agency fees.
13) Customer agrees to defend, indemnify and hold I-Land and its access providers and affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (a) any violation of this Agreement by customer, or customers’ authorized users; (b) the use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by customer or customer’s authorized users; and (c) negligent acts or omissions of customer’s officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by I-Land which are connected or are to be connected to the service.
14) I-Land’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. I-Land reserves the right to modify, change and reformat this document as if deems necessary without permission or consent of its network users. Copies of the AUP will remain available via the I-Land Home Page. I-Land further reserves the right to modify any terms or pricing of services offered. Such changes will either be detailed within the AUP or provided in the form of an email to all users or an announcement on I-Land's homepage, reachable at http://www.iland.net. The sole remedy of any customer who does not agree to these changes is the refund of any unused months of prepaid service, plus a pro-rata refund of any remaining portion of the month in which the changes were announced.
15) Other use of I-Land’s service networks, equipment and/or lines are considered fraudulent, and a charge equal to an account’s monthly fee may be charged for violations.
16) Using or traversing I-Land’s networks constitutes full agreement and understanding of this AUP and/or any future AUP modifications. This includes the use of our wireless customer premise equipment that connects a customer home to our network. In the use of our wireless highspeed service customer agree's to the following:
A) I-land owns the radio equipment placed on the account holders property, be it a roof, the eave of a house, garage or other facilities on the property of the account holder or account holders land-lord (in the case where account holder rents property).
B) Account holder is responsible for all payments to I-land pertaining to the use of our wireless highspeed connection. Payment may include and is not limited to amounts owed for usage of service, loss or damaged equipment owned by I-Land and any penalties a-fixed to the account if collection efforts are required.
C) Account holder agree's that I-land has access to the property for installation, maintenance and removal of wireless equipment. If equipment cannot be collected within a reasonable period of time or the equipment is found to be damaged upon collection customer agree's to pay for said equipment. Billable amounts could be as much as $450.00.
D) Account holder and or land-lord (in the case where account holder is renting) agrees that I-Land, nor its agent's or contracted employee's are not responsible for existing damage found at or on the structure wherein the agent's or contracted employee's have installed, performed maintenance or removed wireless access equipment. If damage is found upon our arrival at the site, then a notation will be made regarding said damage to both the account holder and within our ticket system prior to any work being performed.
Using I-Land Internet Services
for access to the Internet indicates that you have read and agree to
this Acceptable Use Policy, and agree to abide by the terms and
conditions stated herein.