THIS AGREEMENT, made and
entered as of the date of on-line connection, by and
between Iamo Telephone Company, dba IAMO Internet and IAMO
Wireless, ("IAMO"), and the Internet access
subscriber, ("Customer"), upon the following
terms and conditions ("Agreement"), including
any attachments and documents incorporated herein by
reference.
TERMS AND C
ONDI
TIONS
Definitions
The following
definitions shall apply to this Agreement:
1. "Customer" and
"Customers" shall refer to the Customer named
below. To subscribe to IAMO’s Internet access services
the Customer must be at least 18 years old.
2. The "Service"
means any and all Internet access services and Internet
related services provided by IAMO.
3. The "Effective
Date" is when the Agreement is accepted by IAMO and
hook-up of the Service has occurred which is when the
Service is available for Customer's use, regardless of the
status of Customer's equipment.
BILLING
All invoicing to customer for Service provided shall be
done either electronically or by mail. Payment is due upon
receipt of invoice per due date listed. If the Customer's
payment is returned to IAMO, unpaid due to insufficient
funds or any other reason, the Customer will be
immediately in default and subject to a return check
charge of $20.00 plus all past due balances. If the
Customer defaults, the customer agrees to pay IAMO its
reasonable expenses, including attorney's fees and
collection agency fees incurred in enforcing its rights
under this Agreement.
If any Customer is in
default more than three (3) times, IAMO reserves the right
to request the entire Service fee or any terms of Service
to be paid in advance before Service is reconnected.
Rights and Obligations of
the Customer
Customer shall, at its own
expense, undertake all necessary preparations required to
comply with IAMO's installation and maintenance
instructions.
Customer warrants that
he/she is at least 18 years of age.
Customer may not use the
Service in a manner that violates any applicable local,
state, federal or international law, order or regulation.
Additionally, Customer may not use the Service to:
Conduct, participate in, or
otherwise facilitate pyramid or other illegal soliciting
schemes.
Take part in any fraudulent
activities, including impersonating any person or entity
or forging anyone else's digital or manual signature.
Invade another person's
privacy, stalk, harass, or otherwise violate the rights of
others.
Post, transmit, or
disseminate content that is threatening, abusive,
libelous, slanderous, and defamatory, incites hatred, or
is otherwise offensive or objectionable.
Restrict, inhibit, or
otherwise interfere with the ability of any other person
to use or enjoy the equipment or the Service, including,
without limitation, by posting or transmitting any
information or software which contains a virus, lock, key,
bomb, worm, Trojan horse, cancelbot, or other harmful
feature.
Collect or store personal
data about other users.
Use an IP address not
assigned to you.
Violate any other IAMO
policy or guideline.
Resell or redistribute the
Service to any third party via any means including but not
limited to wireless technology.
Customer may not use the
Service to harm or attempt to harm a minor, including, but
not limited to, by hosting, possessing, disseminating, or
transmitting material that is unlawful, including child
pornography or obscene material.
Customer shall be
responsible for maintaining its own equipment that
interfaces with the Service.
Customer assumes total
responsibility and risk for customer's use of the Service
and other Internet related Services.
Customer is solely
responsible for any information that is published on the
web or other Internet services. Customer must ensure that
the recipient of the content is appropriate and must take
appropriate precautions to prevent minors from receiving
inappropriate content. IAMO reserves the right to refuse
to post or to remove any information or materials from the
Service, in whole or in part, that it, in IAMO's sole
discretion, deems to be offensive, indecent, or otherwise
objectionable.
The Service is designed for
personal use of the Internet and may not be used for
commercial purposes. Customer may not resell or otherwise
charge others to use the residential Service. Customer
agrees not to use the Service for operation as an Internet
service provider, or for any other business enterprise,
including, without limitation, virtual private network
usage, IP address translation, or similar facilities
intended to provide additional access.
Customer may not operate,
or allow others to operate, servers of any type or any
other device, equipment, and/or software providing
server-like functionality in connection with the Service,
unless expressly authorized by IAMO.
Customer is responsible for
any misuse of the Service that occurs through his/her
account. Customer must therefore take steps to ensure that
others do not gain unauthorized access or misuse the
Service.
Customer may not use the
Service to breach or attempt to breach the security of
another user or attempt to gain access to any other
person's computer, software, or data without the knowledge
and consent of such person. The equipment and the Service
may not be used in any attempt to circumvent the user
authentication or security of any host, network or
account. This includes, but is not limited to, accessing
data not intended for Customer, logging into or making use
of a server or account you are not expressly authorized to
access, or probing the security of other networks or
computers for any reason. Use or distribution of tools
designed for compromising security, such as password
guessing programs, cracking tools, packet sniffers or
network probing tools, are prohibited.
Customer is solely
responsible for the security of any device connected to
the Service, including any data stored on that device.
IAMO recommends that you take appropriate security
precautions for any systems connected to the Service.
Customer may not disrupt
the Service in any manner. Nor shall Customer interfere
with computer networking or telecommunications services to
any user, host or network, including, without limitation,
denial of service attacks, flooding of a network,
overloading a service, improper seizing and abuse of
operator privileges or attempts to "crash" a
host.
Software or other content
downloaded from the Service may contain viruses and it is
Customer's sole responsibility to take appropriate
precautions to protect your computer from damage to its
software, files and data. Customer is prohibited from
posting, transmitting or disseminating any information or
software that contains a virus, Trojan horse, worm or
other harmful program or that generates levels of traffic
sufficient to impede others' ability to send or retrieve
information. Prohibited conduct of this type includes
denial of service attacks or similarly disruptive
transmissions, as well as transmissions containing other
harmful or malicious features.
Customer may not use the
Service to send unsolicited bulk or commercial e-mail
messages ("spam"). Any unsolicited e-mail must
also not direct the recipient to any web site or other
resource that uses the Service. The Service may not be
used to collect responses from unsolicited e-mail sent
from accounts on other Internet hosts or e-mail services
that violates this Policy or the acceptable use policy of
any other Internet service provider. In addition,
"mail bombing," the sending of numerous copies
of the same or substantially similar messages or very
large messages or files with the intent to disrupt a
server or account, is prohibited.
Customer must comply with
the current bandwidth, data storage and other limitations
on the Service. Customer must ensure that your activities
do not improperly restrict, inhibit, or degrade any other
user's use of the Service, nor represent (in the sole
judgment of IAMO) an unusually large burden on the network
itself. In addition, you must ensure that their activity
does not improperly restrict, inhibit, disrupt, degrade or
impede IAMO's ability to deliver the Service and monitor
the Service, backbone, network nodes, and/or other network
services. IAMO may terminate, suspend, or require you to
upgrade the Service and pay additional fees if IAMO, in
its sole discretion, determines that that you are using
excessive bandwidth.
You understand and agree
that the cancellation of this agreement is your sole right
and remedy with respect to any dispute with IAMO. This
includes, but is not limited to any dispute related to, or
arising out of:
▪ Any term of
this agreement or IAMO's enforcement or application of
this agreement;
▪ Any policy or
practice of IAMO or enforcement or application of its
policies;
▪ Your ability
to access and/or use IAMO's Internet services, or the
amount or type of fees, surcharges, applicable taxes,
billing methods, or any change to the fees, applicable
taxes, surcharges, or billing methods.
Equipment or Software
1. IAMO shall not be
responsible for the installation, operation or maintenance
of equipment or software unless contracted by the Customer
through IAMO, nor shall IAMO be responsible for the
transmission or reception of information by equipment or
software not installed by IAMO.
2. Customer shall be
responsible for the use and compatibility of all equipment
or software not installed by IAMO.
Rights and Obligations of
IAMO; Disclaimer of Warranties
1. IAMO shall operate and
maintain the Service. Customer acknowledges that Service
is subject to transmission limitations caused by
atmospheric, topographical and any other like conditions.
Additionally, Service may be temporarily refused, limited,
interrupted or curtailed due to governmental regulations
or orders, system capacity limitations, limitations
imposed by an underlying communications carrier, or
because equipment modifications, upgrades, repairs, or
reallocations or other similar activities necessary or
proper for the operation or improvement of IAMO's Service.
2. Customer understands
that neither IAMO nor any of its affiliates operates or
controls the Internet in any way, and that all
merchandise, information and services offered or made
available or accessible on the Internet are offered or
made available or accessible by third parties who are not
affiliated with IAMO or its affiliates. Neither IAMO nor
its affiliates make any express or implied warranties,
representations or endorsements whatsoever (including
without limitation warranties of title of merchantability
or fitness for a particular purpose) with regard to any
merchandise, information or service provided through the
Internet, and it shall not be liable for any costs or
damage arising either directly or indirectly from any such
transaction. It is solely Customer's responsibility to
evaluate the accuracy, completeness and usefulness of all
opinions, advice, services, and other information, and the
quality and merchantability of all merchandise, provided
thought the Service or on the Internet generally.
3. Customer understands and
expressly acknowledges that the Internet contains unedited
materials, some of which are sexually explicit or may be
offensive to some people. Customers access such material
at customer's own risk. Customer acknowledges that IAMO is
not liable to customer for any claims, loss, damages or
costs which may result from such materials accessed on the
Internet through the Service.
4. Customer acknowledges
that the Service and Internet systems use public access
facilities to transmit voice and data communications and
that this Service may not be completely private. Thus IAMO
is not liable to customer for any claims, loss, damages or
costs which may result from lack of privacy on the
Service.
5. The Service is provided
on an "as is" and "as available" basis
without warranties of any kind, either express or implied,
including but not limited to warranties of title,
non-infringement or implied warranties of merchantability
or fitness for a particular purpose. IAMO does not warrant
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.
6. Customer acknowledges
and agrees that under no circumstances shall IAMO, its
affiliates or its contractors be liable for any direct,
indirect, incidental, special, punitive or consequential
damages that result in any way from Customer's use of or
inability to use the Service or to access the Internet or
any part thereof, or Customer's reliance on or use of
information obtained from the Service, or that result from
mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission or
any failure of performance.
7. IAMO has no obligation
to monitor the Service. However, Customer agrees that IAMO
has the right to monitory the Service electronically from
time to time and to disclose any information necessary to
satisfy any law, regulation or other governmental request,
to operate the Service properly or to protect itself or
its subscribers and/or Customers.
8. Notwithstanding any of
the foregoing representations and terms of this Agreement,
IAMO reserves the right to terminate Service immediately
and without notice to Customer in order to maintain system
integrity or to comply with any law, regulation, court
order or other governmental request.
9. Transmission of any
material in violation of any United States or state law or
regulation is strictly prohibited. This includes, but it
not limited to copyrighted material, threatening or
obscene material, or material protected by trade secret.
To the extent any material is utilized by Customer,
Customer agrees to indemnify and hold harmless IAMO, its
officers, agents and employees from any claims and damages
resulting from Customers use of the Service which may
damage the Customer or any other party.
Indemnity
Customer agrees to defend, indemnify and hold IAMO and its
affiliates harmless from any and all liabilities, costs
and expenses, including reasonable attorney's fees,
related to or arising from:
1. Any violation of this
Agreement by Customer;
2. The use of the Service
or Internet related Services or the placement or
transmission of any messages, information, software or
other material on the Service by Customer;
3. 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 IAMO, which are connected or are to be
connected to the Service;
4. Claims for infringement
of patents arising from the use of the equipment and
software, apparatus and systems not provided by IAMO in
connection with the Service.
NETWORK MANAGEMENT
AND LIMITATIONS ON DATA CONSUMPTION
IAMO manages its network with one goal: to deliver the
best possible broadband Internet experience to all of its
customers. High-speed bandwidth and network resources are
not unlimited. Managing the network is essential as IAMO
works to promote the use and enjoyment of the Internet by
all of its customers. The company uses reasonable network
management practices that are consistent with industry
standards.
The
Service is for personal and non-commercial residential use
only. Therefore, IAMO
reserves the right to suspend or terminate Service
accounts where data consumption is not characteristic of a
typical residential user. IAMO
reserves the right to establish a monthly data consumption
threshold per customer, should future requirements arise.
NETWORK
TRANSPARENCY
Network Management
Practices
IAMO provides quality Internet services through
proactive network management practices. The network is
monitored utilizing real-time evaluation including fault
isolation and root-cause analysis. The information is
integrated into an automated system with automated
call-out and escalation procedures.
Uplink
utilization is trended using monthly reporting. Uplink
capacity is added proactively as required.
SPAM
filtering for e-mail services are provided to you by IAMO
Telephone Company.
Network
congestion rarely occurs in the network due to applied
engineering practices. Pre-defined concentration ratios
are adhered to throughout the network. Inter-network and
Intra-network ratios are evolving as the nature of traffic
and customer habit’s change. Planning and network
upgrades insure network concentration points are updated
ahead of the growth curve in most cases. The primary cause
of network congestion results from a hardware or software
malfunction or failure. The customer may experience mild
network congestion during peak usage times.
Since
network security is paramount, IAMO has ensured that its network is as secure as
possible. The very nature of the “OPEN” Internet
provides ample opportunity for security threats and
breaches.
For
this reason, IAMO
recommends that every customer utilize a firewall for each
computer. In addition, the customer should keep current
with all operating system upgrades and patches to ensure
protection against the looming threats. A reputable
anti-virus program is also recommended for each customer
computer. Again, IAMO
is not responsible for ANY damage to hardware or software
regardless of the customers’ adherence to the
recommended practices. The prior are “best practices”
for the industry and are provided as recommendations only.
Network Blocking
IAMO is in complete compliance with FCC order 10-201.
That being said, in no way will IAMO participate in the practice of blocking ports,
applications, or any other lawful content. Subscriber
blocking is reserved for the following:
Unlawful
activity, non-adherence to reasonable usage, spamming,
non-payment, Infected with a virus or bot net, affecting
network performance for other customers, anything that
degrades or may be harmful to the network or other
customers.
Performance
Characteristics
The
following technologies are utilized to deliver high speed
internet to IAMO
customers. Each customer qualifies for only one of the
appropriate technologies. The network is in a revolving
state of upgrade.
Service
Description:
ADSL:
Asymmetrical Digital Subscriber Line provides high
speed internet allowing for faster download speeds and
slower upload speeds. The nature of internet traffic
typically melds well with this technology as the consumer
typically makes a request (small amount of data) and
receives a larger amount of information in return. The
maximum amount of data provided upstream is 4 Mb/s. ADSL
is a rate adaptive technology, meaning that if your line
is not capable of 4 Mb/s up stream (or Down), it will get
as close as it can to the desired bandwidth. Some ADSL
flavors are capable of downloads in excess of 20 Mb/s.
Service Offerings:
Asymmetrical
Digital Subscriber Line (ADSL)
(A)
1.5 Mb/s Download and .512 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(B)
3 Mb/s Download and 1.5 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(C)
4 Mb/s Download and 2 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(D)
8 Mb/s Download and 4 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
Service
Description:
Fiber to the Home
(FTTH):
Fiber to the home provides ultra-high speed internet
allowing 1 Gb/s download and upload speeds.
Service Offerings:
Fiber
to the Home (FTTH)
(A)
1.5 Mb/s Download and .512 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(B)
3 Mb/s Download and 1.5 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(C)
4 Mb/s Download and 2 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
(D)
8 Mb/s Download and 4 Mb/s Upload
Expected
Latency 5 ms to IAMO
backbone router default gateway
Suitable
for most real-time applications
Service
Description:
Fixed Broadband
Wireless (FBW):
FBW varies greatly depending on many factors; IAMO deploys both licensed and unlicensed equipment to
provide FBW to its customers. The equipment utilized is
engineered to provide a user experience as outlined in the
Service Offerings below.
Service Offerings:
Fixed
Broadband Wireless
(A)
1.5 Mb/s Download and .512 Mb/s Upload
Expected
Latency 100 ms to IAMO
backbone router default gateway
Suitable
for some real-time applications
Pleasurable
experience while surfing the Internet
(B)
3 Mb/s Download and 1.5 Mb/s Upload
Expected
Latency 100 ms to IAMO
backbone router default gateway
Suitable
for some real-time applications
Pleasurable
experience while surfing the Internet
Commercial Terms
Monthly
prices, usage-based fees, and fees for early termination
or additional network services are handled on individual
case basis.
Privacy
Network management practices rarely entail
individual specific inspection of network traffic.
IAMO may retain personal customer information in
its regular business records as long as someone is a
customer or until no longer needed for business or legal
purposes. This
information is not provided to third parties, or used by
the carrier for non-network management purposes.
Miscellaneous Terms and
Provisions
1. This Agreement shall be
governed by and construed in accordance with the laws of
the State of Iowa & Missouri without regards to its
conflict of law provisions. Any cause of action Customer
may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action shall be barred.
2. This Agreement
constitutes the entire Agreement between Customer and IAMO
with respect to the Service to be provided. There may be
additional terms and conditions if you use affiliate
services such as DSL.
3. Neither this Agreement
nor Customer's rights hereunder shall be assignable by
Customer except with IAMO's prior written consent. The
conditions hereof shall bind any permitted successors and
assigns of Customer.
4. If any part of this
Agreement is contrary to or prohibited by or deemed
invalid under applicable laws and regulations of any
applicable jurisdiction, the remaining provisions and
parts thereof shall remain and be construed in full force
and effect to the extent permitted by law.
5. By reading these terms
and conditions, Customer states that is has proper
authorization to contractually and financially bind itself
and any associates entity subscribing to the Service.
6. The Internet and online
world is changing rapidly and as technology and IAMO's
business continue to evolve, IAMO's policies and this
Internet Use Agreement may have to be updated or revised.
Since the terms of this agreement and IAMO's policies may
change you should check the IAMO website for the most
current versions. For the same reasons, it may be
necessary for IAMO to update and revise certain provisions
of this agreement. By accepting this agreement you agree
that IAMO may change the terms of this agreement and that
if IAMO makes material changes or revisions to this
agreement, we will provide notice to you 30 days in
advance. If you do not agree to the changes proposed by
IAMO, or to any of the terms in this agreement, your only
remedy is to cancel this agreement pursuant to the terms
contained herein.
Iamo
Telephone Company is committed to providing the best
online experience possible for all of its customers.
If you have any questions regarding Iamo’s
Pricing, Monitoring and other Network Practices, please
contact an Iamo Telephone Company representative at:
Iamo
Telephone Company
104
Crook St.
Coin,
IA 51636
888.582.3232
- Office
iamo@iamotelephone.com
- Office Email
877.583.6711
- Internet
Support
Help Desk
support@iamotelephone.com
- Internet
Support
Email
