TERMS OF SERVICE AND ACCEPTABLE USE POLICIES

These Terms Of Service And Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with Info-Ed, Inc. By using your Info-Ed, Inc. account, you agree to all of the Terms and Policies set out in this document. 



1. General Terms and Policies. Info-Ed, Inc. is a private company providing a commercial gateway to the Internet. Info-Ed, Inc.’s equipment and facilities may be used to send electronic mail, conduct commercial transactions, access the World Wide Web, newsgroups and private networks, engage in on-line chat sessions, transfer files, enjoy audio and video programming, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as “the Service”), subject to these Terms and Policies.



The Service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.



Info-Ed, Inc. grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Info-Ed, Inc.



2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, we will treat a violation of these Terms and Policies by anyone using your account as a violation.



3. Prices and Charges. Info-Ed, Inc. charges are as follows:



check our services page for current offerings.


Unsolicited Bulk E-mail (“spam”) cleanup $10 + $10 per message sent + $50 per complaint received by Info-Ed, Inc. --OR-- $50 per hour spent by Info-Ed, Inc. personnel



Charges are due within 10 days of the date on Info-Ed, Inc.’s invoice. Payments received after that date will incur a late payment charge of [1.5]% of the total amount past due. 



Any checks returned by the issuing institution will be charged a processing fee of $25. Any billing refused or charged-back by your credit card company or issuing bank will result in a handling charge of $30.



If you fail to pay for your account for 15 days after the date of the invoice, Info-Ed, Inc. may without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that Info-Ed, Inc. terminates your account. If Info-Ed, Inc. incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe. 



4. Term. The Service is provided to you on a month-to-month basis. Info-Ed, Inc. must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 5 days prior to end of your billing period, or the Service will be provided and charged to you for the following month.



---OR---



The Service is provided to you for a term of one year. If you want to terminate the Service prior to the end of this term, you must provide Info-Ed, Inc. with written notice of termination (which may be by first-class mail or by e-mail.) There are no refunds for the yearly service.



5. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Info-Ed, Inc. to suspend or terminate your account. You agree that Info-Ed, Inc. has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:



a. Using the Service in a way in which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law). The running of filesharing applications/servers distributing any licensed material such as applications, mp3, or movies/TV Shows without the Liscensee's written consent may result in immediate termination and the reporting of you to the proper authorities;



b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;



c. Using the Service in an attempt to break security, or as to actually break security of any computer network (including the Service itself), or to access an account, message, or file of which does not belong to you;



d. Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or USENET postings, or using any other method to disguise the sender’s identity or location;



e. Excessively using the Service in such a way as to limit the bandwidth or accessibility available to others, including, but not limited to, download traffic of 10 megabytes or more per day for the Subscriber’s web page or site, sending e-mail traffic in excess of 10 megabytes per day, or the use of ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection. This is considered being a “CAMPER” and will not be tolerated. We have the right and will disconnect your connection to one’s that have been on for more than 4 hours continuously. If you would like a continuous dial-up connection, we can furnish you one at the rate of $150 per month. User’s homepages are absolutely not to be used for commercial purposes. If your homepage is found to being used for commercial purposes, you first be warned. If you still use it for commercial purposes after the warning, you will be moved and billed for the commercial account package at a rate of $35.95 per month.



f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter;



g. Using the Service to operate server programs, including, but not limited to mail servers, IRC serves, game servers, ftp servers, Web servers, or streaming audio/video servers. 



h. Using the Service to promote or solicit competing Internet services;



i. Using the Service for unauthorized relays through any third party systems; 



j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;



k. Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;



l. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s); 



m. Using the Service to forward or post "chain letters" (multiple forwarding) of any type;



n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;



o. Engaging in harassment, whether through language, frequency, or size of messages; 



p. Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,



q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.



No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Info-Ed, Inc. may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.



6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Info-Ed, Inc. as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service. First you will be warned in case you were not aware it was happening. The second incident will result in you being found to be sharing your login and password with others to access the service that are not paying customers, YOU will be billed double for the current months service and will be assigned a new password.



7. Intellectual Property. Info-Ed, Inc. does not undertake to examine or review messages, files, or other materials of which are accessible through, pass through, or reside on the Service. In compliance with the Federal Digital Millennium Copyright Act, Info-Ed, Inc. has designated Scottie Arnett as the individual to receive complaints about alleged copyright infringement taking place on Info-Ed, Inc.’s facilities. To avail yourself of the protections of the Digital Millennium Copyright Act, if you believe that your copyright(s) is being infringed by means of material hosted on Info-Ed, Inc.’s facilities, you need to provide a signed notice in writing to:

Scottie Arnett

President

Info-Ed, Inc.

2027 Happy Springs Road

Red Boiling Springs, TN 37150

…continuing a specific identification of the allegedly infringing material and the location(s) on Info-Ed, Inc.’s facilities where the materials are to be found. Upon receipt of such written notice, Info-Ed, Inc. will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Info-Ed, Inc. receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Info-Ed, Inc. will send you a copy of that notification. Unless you notify Info-Ed, Inc. of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again. 



8. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Info-Ed, Inc., neither Info-Ed, Inc. nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Info-Ed, Inc. neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Info-Ed, Inc. is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).



You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Info-Ed, Inc.’s equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Info-Ed, Inc. and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.



You agree that, should you use the Service to send or receive voice communications, Info-Ed, Inc. is not acting as a telecommunications carrier or telephone company, that there is no representation made by Info-Ed, Inc. as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Info-Ed, Inc. has no liability of any sort for the failure or lack of quality of such use of the Service.



You agree to be liable for any damages or loss of service of which results in damages to Info-Ed, Inc. as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Info-Ed, Inc. may pursue any such claims against you in District Court in Cookeville, Tennessee.



You agree that in no event will Info-Ed, Inc. have financial liability to you in excess of the dollar amount remaining on your current service period, or $20, whichever is greater.



9. Warranty. Info-Ed, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Info-Ed, Inc. ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Info-Ed, Inc. OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION. 



THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Info-Ed, Inc. ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Info-Ed, Inc. DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Info-Ed, Inc. DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA OF WHICH MAY BE STORED ON THE SERVICE. 



10. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Info-Ed, Inc. has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.



11. Dial-up Connection. Info-Ed, Inc. may terminate a dial-up Subscriber’s connection following 30 minutes of inactivity as determined by Info-Ed, Inc. in its sole discretion.



12. Privacy. Info-Ed, Inc. commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Info-Ed, Inc. will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Info-Ed, Inc. may provide aggregate data on Subscribers to third parties in the operation of Info-Ed, Inc.’s business.



13. Disputes. You agree that any dispute between you and Info-Ed, Inc. arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Info-Ed, Inc. will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association’s office in Nashville, Tennessee. The arbitration must be held in Nashville, Tennessee, and the arbitrator must be a person with experience in online services operation. 



14. Governing Law. These Terms and Policies are governed in all respects under the laws of the State of Tennessee.



15. Amendments. Info-Ed, Inc. may amend these Terms and Policies in any respect at any time upon the posting of the amended Terms and Policies on the Terms of Service section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Scottie Arnett.