QuickTel Membership Policies and Access Agreement

                                                                  

 

               150 Division St.

 Modified:  May 27, 2003                                                                                        Grandview, WA  98930

 Effective:  5/97                                                                                                       Phone: (509) 882-4009

                                                                                                                                Fax:     (509) 882-4101

                                                                                                                                www.quicktel.com

 

This policy represents guidelines to the acceptable use of QuickTel for data communications.  It is intended to be applicable only to the use of QuickTel’s networks.  Customers of QuickTel agree to accept the sole responsibility for abiding by the policies of any network or political or administrative domain their messages traverse.  Customers also agree that QuickTel has no responsibility to inform the Customer of the policies or regulations of those domains.

 

Usage of QuickTel’s network constitutes an agreement to abide by these guidelines.  Subscriber or any person using the Subscriber’s login identification ordered by the Subscriber has accepted the terms and conditions contained in QuickTel Membership Policies Access Agreement.

 

Statement of Purpose:

 

quicktel.com the network owned and operated by QuickTel, Inc. has been established to:

 

·          Provide high quality networking services to the business community and private users.

·          Promote and enhance network connectivity in the regions served by QuickTel and are as follows: Benton City, Bickleton, Columbia, Grandview, Granger, Harrah, Kennewick, Mabton, Mattawa, Paterson, Prosser, Richland, Roosevelt, Sunnyside, Toppenish, Wapato, West Richland, White Swan, Whitstran, Yakima and Zillah.

 

Member/Subscriber Definition:

 

Member/subscriber as used herein means an individual, business, corporation or legal entity that incurs usage charges for the service for its own use or who incurs charges on behalf of a third party.

 

User Definition:

 

User as used herein means a Subscriber who uses the service or an individual, corporation, or legal entity whose service usage charges are incurred by a third party, i.e. Subscriber.

 

Service:

 

QuickTel will provide to the subscriber and it’s users access to the Internet based on the service plan selected and further subject to conditions beyond the control of QuickTel, including but not limited to the type and condition of the equipment of the subscriber and/or its users.

 

Requirements of Usage:

·          To respect the privacy of users of quicktel.com, and all networks accessible via QuickTel.

·          To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data.

·          To respect the integrity of computing systems, and to not use QuickTel to compromise the same.

·          To respect common usage of Usenet and E-mail services.

 

Specifically Acceptable Uses:

 

·          Usage for private personal or business communications.

·          Usage for public communications as suggested by the charters of USENET newsgroups, and the known guidelines generally accepted by the users and news administrators of the same.

·          Usage for research or educational purposes.

·          Usage for data communications in accordance with applicable laws.

 

Unacceptable Uses:

 

·          It is not acceptable to use QuickTel for purposes, which violate international, federal, state, or any local law or regulation.

·          It is not acceptable to use QuickTel to transmit threatening, obscene, or harassing materials.

·          It is not acceptable to use QuickTel to interfere with or disrupt network users, services or equipment.  Disruptions include, but are not limited to, distribution of unsolicited advertisement, inappropriate filing of Usenet Articles, and using the network to make unauthorized entry to any other machines accessible via QuickTel’s Internet connection.

·          It is not acceptable to use QuickTel for purposes of transmitting “Chain Letters”, “broadcasting”, messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet, QuickTel’s connecting networks or which would significantly interfere with the connectivity of others.

·          It is not acceptable to use QuickTel for any malicious purpose.

 

 

Site Policy:

·          ONE ACCOUNT, ONE COMPUTER.  QuickTel Personal and Business accounts may not be loaned out, shared or otherwise used by more than one individual, in any respect including the use of the network connection, mail or DNS service.ONE MODEM AT ONE TIME PER ACCOUNT.  You may not use two phone lines for access by one account at the same time.

·          YOU MAY NOT MAINTAIN DIAL-UP CONNECTIONS WHILE NOT ACTIVELY USING THE SYSTEM.  Leaving an idle connection up deprives other users of access to the system.

·          Resale of Internet access in any form by any of our subscribers is forbidden.  QuickTel provides its service to private and business end users only, unless a specific agreement exists otherwise.

·          Unmetered service is reserved to a maximum connect time of FOUR HOURS at one time, to ensure that every on-line user has the same connectivity time.  QuickTel reserves the right to disconnect any user that has been on-line for more than four hours.  The term "unmetered access" is defined to mean that QuickTel does not bill you by the minute or by the hour but instead we bill on a fixed monthly basis. There is a difference however, between "unmetered access" versus "dedicated access".  With unmetered access you are free to use the internet as a normal user, getting your E-Mail, browsing the Web, etc.  When you are finished with your use however, we expect you to hang up your telephone connection to us so that other members of QuickTel can access the Network. "Dedicated access" means that your line to QuickTel is completely dedicated to you. QuickTel reserves the right to terminate any account if in their opinion their services are being abused.

·          Electronic or mechanical means to avoid disconnect and maintain a constant connection may not be used and is not limited to “Pinging” the mail server, electronic or software auto-dialer features to maintain an active connection or repeatedly checking for e-mail by auto login to the mail server.

·          QuickTel reserves the right to monitor and log all connections to insure that the above policies are not being violated.

·         QuickTel is not responsible for any telephone charges associated with the use of our software or Internet access in general. It is the member/subscribers responsibility to insure that the telephone numbers they dial are local.

Personal World Wide Web Page Policy:

 

·          Personal web page is for non-commercial use by our subscribers.  You may not sell, advertise, or promote any commercial product or service through a personal web page.  Solicitations for money, invitations to contact the subscriber for products or services are commercial applications.  The subscriber must purchase a commercial web site or the home page will be removed and the subscriber will be charged the current commercial and/or VAR rate depending on the wed service advertising starting from the date the web page was first posted.  There are no exceptions.

·          QuickTel reserves the right to remove a user’s personal web page from the system if it produces an undue amount of traffic or creates an excessive burden on QuickTel’s facilities.

·          Customers seeking commercial pages may purchase space on our server separately from the personal account.

·          Subscribers wishing to offer the same products and services as QuickTel, must first be approved and become a Value Added Reseller (VAR) to establish such services. 

Commercial World Wide Web Page Policy:

 

·          Commercial web pages & storage facilities are designed to meet the needs of business owners who wish to have a business home on the Internet. The purpose of a commercial Web page is to display information about your company, products and services so that people from all over the world who are interested in your particular business may find this public information.

·          You may not sell advertising to other individuals from your site. You also may not share or sell any left over hosting space you may have.

·          You may promote third-party links such as pay-per-use search engines or any affiliate programs that may relate to your business interest.

·         We actively invite you to build your own personal homepage because it’s easier than you might think. Basically, if you can type a letter with your computer you can build a Web page. If you decide that you would rather have someone build you a web page you can get assistance a number of ways including hiring QuickTel to build you a state-of-the-art database driven web site or static html pages. We also allow outside Web designers to build and modify pages for customers. If you choose to have an outside Web designer to build your site they must follow our rules. QuickTel.com is a privately held company for which we have 100% control of all accounts. We do not allow outside web designers to make any representation about their company from your site including but not limited to telephone numbers, addresses, web link, etc. Any designer found to be advertising for business from our private network no matter the site will be billed $25.00 per month for advertising. If we find that your designer fails to pay this the company who hired the designer will be billed the amount for breaking the terms of our web hosting contract or their site will be removed.

 

Minimum Age: 

 

The subscriber certifies that he or she is at least 18 years of age.  Any and all acts of minors shall be the legal responsibility of subscriber, whether or not known or reasonably known to the subscriber.

Violation of Policy:

 

QuickTel will review alleged violations of Acceptable Use Policy on a case-by-case basis.  Violations of policy may result in termination of quicktel.com membership and network services to members.  Usage of QuickTel’s network constitutes an agreement to abide by these guidelines.  In most circumstances we will notify the individual involved by email, if further violations occur, termination will follow.  In result of termination the individual involved will no longer be able to connect to our network, and will not receive refund for their access plan.  Individuals that have been terminated and wish to re-connect will be required to pay a mandatory $10.00 reconnection fee.

 

No Warranties:

 

QuickTel and the operators of any other networks which are used as a result of a QuickTel connection do not make any express or implied warranty of any kind.  Specifically, there is no expressed or implied warranty of merchantability or fitness for a particular purpose.  Neither QuickTel nor the operators of attached networks will be responsible for any loss from delays, non-deliveries, incorrect deliveries, service interruptions, including those caused by negligence, errors, omissions or other losses or damages.  Use of information obtained via the services provided by QuickTel is at the individuals or organization’s own risk.  The individual or organization is solely responsible for (1) the accuracy and/or quality of information obtained or data transmitted and (2) assuring that each message sent has been received.

 

Neither QuickTel nor the operators of any attached networks shall be liable for any damage arising from any event that is out of its control.  Neither QuickTel or the operators of any attached networks shall be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the provision of service by QuickTel or by the operators of any other attached networks, whether based in contract, tort, or any other legal theory, and whether or not QuickTel or the operators of any attached networks has been made aware of the possibility of such damages.

 

Neither QuickTel nor the operators of any attached network shall be liable for any software downloaded from the web.  Or to any damages that may result from using the web or from downloading software to any component on your personal or networking system.

 

QuickTel will not be responsible for any hardware or software damage caused by the installation of any software which it distributes or any technical advice provided by our company.

Payment Terms:

 

This is a legal binding contract in conjunction with the sign-up sheet.  All QuickTel Internet access and services are pre-paid.  I also agree to pay my account plan whether it’s monthly, quarterly, or annually promptly within 20 days of the billing date.  Bills are delinquent if not paid within 20 days from the billing date.  If payment is not received on time, I also understand this is a breech of my contract and may result in suspension or termination or of my account if not paid within 30 days of the due date.  All quarterly accounts if not paid within 30 days will be converted to the monthly rate. 

 

Termination of your account does not eliminate your responsibility under this agreement to pay in full all fees incurred up to the date the account was terminated, including late payment charges and any collection charges and any collection fees incurred by QuickTel.  All accounts past 30 days are subject to a late payment fee of $5.00.  A service fee of $25.00 will be charged for all returned checks.  Payment will be deemed made when received by QuickTel.

 

If payment option is “Credit Card” QuickTel reserves the right to continue charging for service on the credit card unless and until subscriber notifies QuickTel in writing of a different payment option.

 

Cancellation: 

 

You may cancel your account by written notice only.

 

Indemnity:

 

The subscriber and user shall indemnify and hold harmless QuickTel from any loss, claim, cost liability, damage or expense including reasonable attorney’s fees to third parties, relating to or arising from the use of the service by subscriber, user, or any of their personnel, whether or not the subscriber or user has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (subscriber or user has used, connected or combined the service with the products or services of others), negligence, or tortuous behavior.  Subscriber agrees to indemnify QuickTel along with any parties from whom QuickTel obtains network services, and to hold them harmless from any claims resulting from the use of service by subscriber or its users that damage another party or that violate the law.

 

Offensive Information:

 

The Internet has some material hosted that is deemed unfit for viewing and reading by minors under the age of 18.  Some sites have information that contain both in text and graphical formats that QuickTel, subscribers and users may consider obscene, lewd, offensive or harmful.  Subscribers and users agree not to hold QuickTel responsible for sites and postings that could be considered obscene, lewd, offensive or harmful.  Subscribers are responsible for their own monitoring and viewing habits and their users, including minors.  Software is available for Parent Control at: http://www.neosoft.com/parental-control.  The site provides information and recommendations for Cyber Patrol, Cybersitter, Net nanny and Surf Watch.

 

Reserved Rights:

 

QuickTel also reserves the right to change or add to the member-policies.  New additions will be added to QuickTel’s member policy pages from time to time.  Check regularly to see if any changes apply to you.  QuickTel also reserves the right to end access to any individuals who do not abide by the rules set forth.  QuickTel also reserves the right to change prices on member accounts with a 30 day notice.  Notifications will be sent out by e-mail, and also displayed on http://www.quicktel.com start up page.  Special rate pricing is only for the duration of time.  For example:  if QuickTel offers a 3 month special, the prices are only good for three months.  The account goes back to the original price.

 

QuickTel reserves the right to refuse service to anyone and further reserves the right to disconnect, cancel or suspend any account for any reason.

 

QuickTel will not release any information about you or your account unless required by law, a subpoena, or a court order.

 

QuickTel Member and Access Agreement Policy shown above shall be effective as of May 27, 2003. The Policy will apply to all users of the QuickTel network including existing QuickTel customers and their end users. If you have any questions concerning the Policy please contact QuickTel at 509.882.4009.

 

Use of QuickTel Internet Services constitutes acceptance of the terms and conditions posted above.

 

Do not use our services if you are unwilling to abide by the terms and conditions specified in this document.

 

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I have read and agree to the member-policies set forth.  I also understand that if I do not follow these policies it may result in the termination of my account.

 

Date: _______________________________   Username: ___________________________  (6-8 characters in lower case)

 

Signature: __________________________     Password:  ___________________________  (6-8 characters in lower case)

 

 

 

Internet Disconnection’s

 

·          Getting disconnected while you are using the Internet can be very frustrating. There are several possibilities they may cause this. Generally, one of the modems on either end of the connection loses 'contact' with the other and hangs up. Noise on the phone lines (caused by many sources) is often the culprit. Usually this noise is not loud enough for us to hear when we use the phone. Modems, however, are very sensitive and can 'hear' noises that we cannot.

Disconnection’s are usually caused by interference noise on the phone system and a modem that can't tolerate that noise. If you had copper wire directly from your modem to ours that bypass the phone system, your modem would operate at peak speed with no interruptions.

The noise on the phone lines can be caused by a number of different things along the path of your phone call. Your phone call starts at your modem. From there it takes the following path to get from your modem to ours:

 

 

 Phone jack in the wall (possible Internet Disconnection’s

 

·          Interference noise caused by oxidized or poor connection).

·          Phone box on outside of house (possible noise from oxidized or poor connection).

·          Green phone boxes where your neighborhood is wired together (possible noise from oxidized or poor connection).

·          More green phone boxes.

·          Into the electronic switching equipment at the downtown Central Office that directs your phone call to the proper destination (possible noise from the electronic switching equipment). At this point your phone call has made it halfway to its destination, from your computer to the Central Office of the Phone Company. Now the phone call has to go from the Central Office to the final destination to our modems.

·          Out through more green boxes.

·         The connection points where the phone lines come into our building

·         Your phone call has finally arrived at our modems.

As you can see, there are a number of different places along the path that interference can cause problems. Each connection point can add just a little more noise to your phone call. The more interference on the phone line, the harder it is for your modem to connect at a fast speed and stay connected to the Internet.
If your modem is frequently disconnected while you're on the Internet or you get slow connect speeds, it's most likely because there is interference on the line and your modem cannot deal with it.

Many people have moved from one house to another and have noticed dramatic improvements or sometimes-dismal results. It's the same computer and modem, so what's the difference? The difference is the path that the phone call takes through the phone system.

Think of it as similar to the streets you drive to go from your house to Fred Meyer. Currently you may drive over smooth, paved streets. It may be a quick and pleasant drive. Suppose you move out of town. Now to get to Fred Meyer you have to drive down a dirt driveway and then a gravel road...it's no longer a smooth pleasant ride. What's the difference? The path you take to get to your destination.

There is one other thing to keep in mind...modem quality. Modems are not created equal. Modems vary in quality just like cars.  Remember the analogy of driving to Fred Meyer? If you drove over the same gravel roads in a Yugo and then again in a Cadillac, you would surely feel the difference. One car is of much superior quality and handles the rough ride (interference) much smoother.
Good quality modems do a much better job of dealing with phone line noise than poor quality modems.

Some other common causes of disconnection’s:

Call Waiting - If you have 'call waiting' on your phone line and somebody calls you while you're using the Internet, most likely your modem will disconnect you from the Internet. This is because of the 'call waiting' tones that alert you to a waiting call.  Those call waiting tones temporarily interrupt the carrier tones the modems use to verify each other.  Even though the tones last for only a fraction of a second, that is enough to make a modem think that the other modem has hung up, so the connection is terminated. If you have call waiting, you can temporarily shut it off by adding *70 to the beginning of your phone number (i.e. you might dial *70 882-4009)

Phone Accessories - Some electronic telephones and phone accessories have rechargeable batteries. In order to keep the batteries charged, the equipment periodically 'steals' voltage from the phone line. Normally this isn't much of a problem. However, modems are very, very sensitive to noise. Every time the equipment recharges itself, it causes a faint noise on the phone line that can disrupt a modem enough to cause it to hang up. If you suspect this is a problem, temporarily disconnect phone accessories before you get on the Internet.

Poor quality modems - You would think that a modem would either work or not work. This is not the case at all. Some modems can tolerate phone noise very well, while others are almost useless. We have found that RPI and WinModems often work very poorly. This is because they are not able to correct miscommunications (caused by noise on phone lines). Most modems have special electronic components that do 'error correction'. Somebody got the bright idea that they could make modems cheaper if they did away with these electronics components and replaced them with computer software. In theory this sounds good. In reality it doesn't work well at all! You can spot these modems by looking on the box for a phrase similar to 'software error correction'. Many companies are discontinuing these modems because of their poor working quality.

In the end, almost all connection problems are a result of a phone line interference and modem quality. One thing that we have found to be helpful in these situations is to reduce the modem's communication speed to 19200. This forces the modem to communicate at a slower speed which often allows it to overcome some of the noise barriers on the phone system.

You can find more modem information at Curt's High Speed Modem page - http://www.net-boy.com