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Florida Digital Turnpike — Accepted Use
Policy
Florida Digital
Turnpike, Inc.
Last Updated: September 9,
1997
This agreement represents
the complete agreement and understanding between Florida
Digital Turnpike, (hereinafter called FDT) and the account
holder and supersedes any other written or oral agreement.
Upon notice published on-line, FDT may modify these terms and
conditions, amplify them, and/or modify the prices, as well
as discontinue or change the services offered.
If you do not agree to
these terms and conditions, please notify our accounting
department so we may initiate a closure of your
account.
1.0 Provision of services
1.1 FDT will provide services on its
computing and network systems to individual account holders in
exchange for payment of fees and compliance with the terms and
conditions of this document.
1.2 FDT services are defined as the
provision to the account holder of computing,
telecommunications, network software, and information services
provided by FDT. These services also include, but are not
limited to, the provision of access to computing,
telecommunications, software, and information services provided
by others via the global Internet.
1.3 FDT services include access to all
publicly available resources on the Internet. Some of the
information available may contain language or pictures about
subjects intended for Adult audiences. Some information
available over the Internet may even be illegal to transmit or
posses. Account holders less than 18 years old must have a
parent or legal guardian agree to these conditions to indicate
acceptance and knowledge of this.
1.4 FDT will publish a notice of fee
increases 30 days before such increases take effect.
2.0 Use of Material
2.1 Public Domain materials (e.g., images,
text, and programs) may be downloaded or uploaded using FDT
services. Account holders may also re-distribute materials in
the public domain. The account holder assumes all risks
regarding the determination of whether the material is in the
public domain.
2.2 As provided by United States federal
law and by International treaties, copyrighted materials (e.g.,
images, text, programs, or other data) may not be uploaded using
FDT services without the permission of the copyright holder.
Copyrighted materials may be downloaded as long as this act does
not violate any licenses or applicable laws. Except as expressly
permitted, materials under copyright may not be distributed to
others. Copyrighted material may not be modified nor can the
author attribution notices nor the copyright notices be
modified.
2.3 Note that some materials available on
the global Internet are called "SHAREWARE." These materials may
be downloaded and used, but they are copyrighted materials. The
copyright holder usually gives permission to use the materials
for examination. If you choose to continue using the materials,
the copyright holder requests that you register your usage and
may ask that you pay a license fee.
2.4 Copying, uploading, downloading, or
distribution through FDT resources of commercially licensed
software may be a violation of the software's license, and if
so, is forbidden. FDT will cooperate fully with law enforcement
agencies in prosecuting software piracy offenders.
3.0 Use of Services
3.1 FDT network accounts are for account
holder and the account holder therefore agrees to neither share
the account, nor use the account to share FDT sensitive
information with others. The account holder acknowledges that
FDT will terminate the account without notice if the account
holder does not comply. The account holder is defined to be the
person, persons, or entity who established the contract for
services.
3.2 The account holder agrees to maintain
a secure password to the account. Secure passwords are those
that are between 6 and 8 characters long, and contain a mix of
upper and lower case letters, numbers or other characters, and
can not be found in direct or reverse order in any dictionary,
regardless of the language of the dictionary.
3.3 The account holder agrees not to use
any process, program, or tool for attempting to guess or obtain
the passwords of account holders on FDT or other systems. The
account holder agrees not to make unauthorized attempts to
access FDT systems or the systems and networks of others, or to
deny authorized users access to any systems. The account holder
agrees not to use any process, program, or tool for the purpose
of gaining any level of access to systems to which they are not
entitled.
3.4 The account holder agrees not to use
any process, program, or tool via FDT services for the purpose
of annoying other users at FDT systems or any other systems on
other portions of the Internet. This includes, but is not
limited to, flash-bombing, mail-bombing, and subscribing other
people to mailing lists.
3.5 The account holder agrees to use the
services provided by FDT as permitted by applicable local,
state, and federal laws. The account holder agrees, therefore,
not to use these services to conduct any business or activity or
solicit the performance of any activity that is prohibited by
law.
3.6 The account holder acknowledges that
FDT is a commercial entity and may be used by account holders to
conduct legal businesses, if the user has registered with FDT as
a business or corporate entity. These businesses should,
however, not impinge upon the use of FDT services by other
account holders. FDT services should not be used to send
unsolicited advertising or promotional materials to other
network users. Electronic mail and appropriate USENET newsgroups
may be used in the conduct of legitimate businesses.
3.7 The account holder agrees to not,
under any circumstances, post messages to newsgroups, mailing
lists, or similar public forums if any of said forums pertain to
subjects not directly related to the main topic of the posting
or if the posting would be considered inappropriate for any
other reason. This applies to both business and non-business
oriented postings. Such postings will be considered abuse of FDT
systems services.
3.7a The account holder agrees to not,
under any circumstances, send unsolicited mass emailing from
any Internet account (at FDT or elsewhere), nor to use FDT
services for the collection or distribution of address lists to
be used for such purposes. The account holder agrees to not,
under any circumstances, associate FDT with any such mass
mailings.
3.8 User accounts established as personal
accounts may only use the systems facilities for personal or
non-business enterprises. Failure to register as a commercial
entity, may result in surcharges, interruption of service and/or
termination of accounts. Users found to be operating commercial
enterprises in violation of this agreement understand that they
will be charged in accordance with our corporate fee
schedule.
3.9 All FDT services, both personal and
commercial are not intended for resale. Resale of FDT services
without making specific arrangements with FDT is not permitted
and may result in surcharges, interruption of service and/or
termination of accounts.
3.10 Unlimited/unmetered dial-up
accounts have no limit on hours used, but are not intended to be
a full-time connection. Lines will be disconnected after 40
minutes of inactivity. Members agree not to provide any public
information services over this connection, not to use any
automatic method to avoid inactivity disconnect, and to keep the
connection active only when the member is actively using it. If
this definition of unlimited/unmetered is not acceptable to you,
please contact billing@fdt.net to inquire about signing up for a
dedicated line or to terminate your account and request a refund
for any prepaid service. Refunds will be issued for full monthly
increments only. No partial or pro-rated refunds will be
made.
3.11 FDT reserves the right to take
actions it deems appropriate against users that violate the
spirit and intent of its terms and conditions.
4.0 Indemnification
4.1 The account holder acknowledges that
FDT makes an honest effort to keep the information available on
FDT's systems accurate. However, FDT can make no warranty of any
kind, either expressed or implied, regarding the quality,
accuracy, or validity for the data and/or information available.
Use of information obtained from or through FDT is at the risk
of the account holder.
4.2 The account holder also acknowledges
that the information available through the interconnecting
networks may not be accurate. FDT has no ability or authority
over the material. FDT can make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy, or
validity of the data and/or information residing on or passing
through these networks. Use of information obtained from or
through FDT services is at the risk of the account
holder.
4.3 The account holder agrees to
indemnify and hold FDT harmless from any claims, including
attorney's fees, resulting from the account holder receiving FDT
services which cause direct or indirect damage to another
party.
5.0 Payment of fees
5.1 The FDT accounting cycle begins on the
date the account holder's account is activated. Accounts will be
billed monthly, semi-annually, or annually, based on the
account's activation date and the payment option selected. There
is a $4 processing fee on all transactions paid after an invoice
is mailed.
5.2 New accounts wishing to discontinue
service within the first 30 days may do so, and will be charged
only for the first month of service plus activation. Any
accounts established longer than one month are responsible for
fees as normal and will not be refunded.
5.3 Service payments will be submitted in
advance of receiving services.
5.4 Delinquent accounts are those that
remain unpaid at the beginning of the next accounting
cycle.
5.5 Accounts that are delinquent by
fifteen (15) days are put on "accounting hold" and may not be
used. Accounts that are unpaid for thirty (30) days
automatically have their files archived. Accounts that are
unpaid for more than forty-five (45) days are closed. FDT
accounts continue to accrue charges while they are on
hold.
5.6 The account holder acknowledges
responsibility for the account until payment in full is
made.
5.7 A $25.00 returned check fee
will be assessed for any check returned for any reason. Accounts
paid by a returned check may be suspended until their balance is
paid in full, including returned check fees.
6.0 Account Cancellations
6.1 Cancellation requests for FDT accounts
must be received in writing via email, fax, or postal service at
FDT's main office. Such requests must be received before the end
of the 30 day accounting cycle.
6.2 All FDT accounts must be paid in full
before the transaction will be considered complete.
7.0 Abuse of Services
7.1 Any use of FDT system resources that
disrupts the normal use of the system for other FDT customers,
or the use of other systems by their respective users is
considered to be abuse of system resources and is grounds for
administrative intervention. (See section 3.)
7.2 Modification, alteration, reverse
engineering, decompilation, disassembly or creation of derived
works based on FDT proprietary network protocols or software is
an abuse of FDT services.
7.3 Depending on the nature and the
severity of the abuse, the user may receive an E-mail warning or
have their account suspended by FDT Staff. If the misuse is
unintentional, the suspension may be rescinded following
discussion with FDT Staff. If the misuse is intentional, the
suspension may be rescinded at the discretion of the Operations
Manager. Occasionally, unintentional misuse is misclassified as
intentional misuse. Customers who believe their activity has
been misclassified may appeal to the Operations Manager.
7.4 Violations of any of the FDT
conditions of use are unethical and may be criminal offenses.
You are expected to report to FDT any information you may have
concerning instances in which the conditions of use have been or
are being violated. When FDT becomes aware of possible
violations, we will initiate an investigation. At the same time,
in order to prevent further possible unauthorized activity, FDT
may suspend access to services to the individual account in
question. Confirmation of violations may result in cancellation
of the individual account and/or criminal prosecution. The
account suspension may be rescinded at the discretion of the
Operations Manager, following payment of a reconnection
charge.
7.5 FDT accounts which are locked or
terminated as a result of violations of this agreement or any
applicable laws will not be eligible for any monetary refund,
and may be subject to additional administrative charges.
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