Velocity Network, Inc.
TERMS OF SERVICE AND ACCEPTABLE USE POLICY
Velocity Network, Inc.'s ("Velocity") business purpose and objective is to provide reliable, cost-effective, high-performance Internet and Communication Services ("Service(s)”).
By utilizing Velocity’s Services, the Member accepts and agrees to the following Terms of Service and Terms of Acceptable Use:
TERMS OF SERVICE
- The Member agrees to pay Velocity all charges relating to the use of the Velocity’s Service according to rates and prices in effect at the time the Service is used. Velocity reserves the right to change Member prices on 30 days notice unless Member is under an existing active multiple-month agreement.
- Velocity shall invoice the Member and the Member shall pay the invoice in Term limits stated. If the Member is more than one month in arrears, Velocity reserves the right to disconnect the Member from the Service.
- THE VELOCITY SERVICE IS SOLELY PROVIDED ON AN "AS IS AND AS AVAILABLE" BASIS. VELOCITY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF AVAILABILITY OF THE SERVICES, SPEED, CAPACITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO VELOCITY OR ANY VELOCITY INFORMATION OR SERVICES OR SERVICES OF OUR PROVIDERS. IN USING VELOCITY’S SERVICE THE MEMBER EXPRESSLY ACCEPTS AND AGREES THAT VELOCITY AND VELOCITY PROVIDERS SHALL NOT BE RESPONSIBLE FOR ANY REIMBURSEMENTS, THE MEMBER SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT, AND THE MEMBER SHALL NOT MAKE ANY CLAIMS FOR REIMBURSEMENT FOR ANY LOSSES OF INCOME, DAMAGES, OR OTHER CLAIMS DUE TO DISRUPTION, UNAVAILABILITY, OR QUALITY OF SERVICES BY VELOCITY OR ITS PROVIDERS. Neither Velocity nor its Service Providers are responsible for any damages arising from the Member's use of Velocity’s Service, or by the Member's inability to access Velocity’s Service.
- Velocity will not be responsible for storing or maintain any Member's files or data on Velocity. The Member is solely responsible for the Member’s files and data. If Member utilizes Velocity for Data Backup Services; such Services will be considered a best-effort data protection Service only and are not guaranteed by Velocity.
- Due to the public nature of the Internet, all transmitted data, including Internet phone calls and email, are and shall be considered publicly accessible and shall be the Member’s sole responsibility to treat the Member’s important information carefully. Velocity is not responsible for or liable for protection or privacy of the Member’s electronic communications or other information transferred through the Internet.
- Velocity is not responsible for or liable for any computer viruses, spam, or damages to the Member’s computers, software, systems, software, files, data, or any other damages resulting from Member’s accessing the internet or using Velocity’s Services or its providers Services or any other damages caused by electrical outages and overloads, or by severe weather, lightning, or other acts of God. If Member utilizes Velocity for anti-virus or anti-spam Services; such Services will be considered a best-effort anti-virus or anti-spam protection Services only and are not guaranteed by Velocity.
- The Member is solely responsible for all aspects of the Member's usage of Velocity’s Services, including Member’s accounts, and for the confidentiality of Member’s password(s).
- The Member shall not use Velocity’s Services to distribute unwanted advertisements, solicitations, or any other form of marketing/sales.
- The Member agrees to use Velocity’s Service in a manner consistent with any and all applicable laws.
- The Member agrees to follow the Acceptable Use Policy of any network that a Member connects to, including Velocity’s system.
- Velocity, at its sole judgment, may terminate the Service immediately or suspend the Member's access to the Service upon any breach of this Agreement by the Member, including, but not limited to, refusal or failure to pay for Services provided or by sole judgment of Velocity that the Member may be performing activities harmful to Velocity or its Members or any other Members of the Internet.
- Velocity reserves the right to cancel or change without notice any aspect of Velocity’s offered Services.
- Velocity may modify these terms and conditions upon notice published on this website. The Member's use of Velocity Service constitutes the Member's acceptance of any and all modifications to the terms and conditions.
- Non-enforcement of any section of this Agreement does not constitute consent, and Velocity reserves the right to enforce this Agreement at its sole discretion.
- If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Member's and Velocity’s agreement on all other paragraphs shall remain valid.
- Velocity’s Services are provided to the Members under the above terms and conditions as well as the following terms and conditions. A) Any stated speeds, up and down, are not and cannot be guaranteed. B) All Members’ security needs, provisions and safeguards are the Members sole responsibility, and Velocity has no responsibilities. C) Resale of Velocity’s Internet Services is strictly prohibited.
TERMS OF ACCEPTABLE USE
Velocity’s Terms of Acceptable Use are intended to help enhance the use of the Internet by preventing unacceptable use. Velocity exists for the benefit of its Members and their organizations. Ensuring this requires that Members practice ethical and responsible behavior in their use of the network. With this as a guideline, the following criteria are used to determine acceptable uses of Velocity Services:
Velocity supports the free flow of legal information and ideas over the Internet, Telecom, and other Communication systems and does not actively monitor use of its Services under normal circumstances.
Velocity may deny its Service to Members for any reason that we deem, in our sole discretion, may be illegal, may subject us to liability, or which may violate our Terms of Service and Acceptable Use. Velocity may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
A Member’s violation of these Terms of Acceptable Use may result in the suspension or termination of their access to Velocity’s Services. Upon termination of Services, any and all outstanding contractual fees are immediately due unto Velocity.Net. Any local, state or federal penalty fees incurred are also the responsibility of the offending individual or organization.
The following constitutes violations of Velocity’s Terms of Acceptable Use
- Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- Harm to minors. Using the Services to entice or to harm, or attempt to entice or to harm, minors in any way.
- Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or Services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
- Forgery or impersonation. Activities which interfere with personal productivity, privacy, or comfort of users of systems or networks accessible via Velocity are prohibited. Such interference or disruption includes, but is not limited to: impersonating another Member; attempting to gain access to or use the passwords or access codes of another Member; and altering or deleting information belonging to another Member. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forgery or other misleading identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
- Unauthorized access. Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, Velocity’s security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system.
- Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email are prohibited.
- Copyright or trademark infringement. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data. Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Reselling the service. Reselling the Service.
- Network disruptions and unfriendly activity.Using the Service for any activity, which adversely affects the ability of other people or systems to use Velocity’s Service or the Internet. This includes "denial of Service" (DoS) attacks against another network host or individual Member. Interference with or disruption of other computer or network Members, network Services or network equipment is prohibited. It is the Member’s responsibility to ensure that their computer or network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their computer or network for illegal or inappropriate actions. A Member may not permit their computer or network, through action or inaction, to be configured in such a way that gives a third party the capability to use their computer or network in an illegal or inappropriate manner.
- Inactive Sessions. Velocity maintains the right to terminate any Members connection following any extended period of inactivity as determined by Velocity.
Velocity reserves the right to revise, amend, or modify the Terms of Service and Terms of Acceptable Use at any time and in any manner.