O T Z T e r m s & C o n d i t i o n s 0TZ aims to provide the best Internet service possible to the people of Kotzebue, Alaska. This agreement is designed to keep OTZ and the Internet productive for you. OTZ supports a free flow of information over the Internet and we don’t actively monitor or exercise editorial control over the content of any email, mailing list, news group or other material accessible over our services. However, we reserve the right to take action to remove or prevent the transmission of any materials that are, in OTZ’s sole discretion, potentially illegal, could subject OTZ to liability or violate these terms & conditions. OTZ also reserves the right to recover from our customers reasonable labor costs for remedial and preventive actions taken by OTZ as a result of our customers: • All current Internet only customers are automatically granted full membership into the cooperative. A $5 fee is required by the OTZ Bylaws. • A $90.00 deposit is required, a letter of good credit waives the $90.00 deposit. A $50.00 modem deposit is also required. Both deposits will be refunded to you when service is discontinued. allows 2 free of charge modems in a calendar year. The 3 rd and 4 th modems will require a new modem deposit. Initial: ____ • You are prohibited from using your account for illegal purposes. Transmission, theft, procurement, communication, alteration, publication or storage of information, data, or material in violation of any federal, state, local law, statute, regulation or rule is prohibited. This includes and is no way limited to: copyrighted material, material legally judged to be obscene, threatening, in violation of the Telecommunications Reform Act of 1996, or materials protected by trade secret. • You are expected to adhere to proper Netiquette in e-mail and OTZ postings. If OTZ learns of any user activity to the contrary, including but not limited to “spamming”, accessing OTZ or any other confidential material without authorization, etc., we will take disciplinary action, which could include termination of services and possible legal action. • You are responsible for use of your account(s) and confidentiality of password(s). OTZ will suspend or change access to your account immediately upon notification by you that a password has been lost, stolen, or otherwise compromised. • The benefits or rights conferred are non-transferable. Use of OTZ is expressly limited to you and your household or direct employees. Account sharing is strictly prohibited and shall be cause for termination of service. • Reselling or charging others in any way to use this internet service is prohibited. This internet service is intended for personal use only within your business, home, apartment, or dormitory. • OTZ respects your privacy and will not deliberately disclose your e-mail, files and postings to others. Remember to whom you send e-mail may not keep it secret. If we believe e-mail, files or postings are connected with unlawful activities; OTZ may disclose them to proper authorities to protect our system, our users and our cooperative. • You hereby agree to the monthly term selected here. All invoices are due upon receipt of your telephone bill and payable within fifteen (15) days unless other arrangements are made with an OTZ customer service representative. • You have the responsibility to keep OTZ informed of a current mailing address. Credit Card and bank debit users must keep OTZ informed on the status and validity of a credit card or bank account from which payments are made, including but not limited to cancellation of the credit card account, new expiration date, etc. • If your credit or bank card is declined by the bank, you will be notified, at which time you must either provide another card number or agree to pay the fee by cash. If you do not respond within thirty (30) days of your billing date OTZ will suspend your account until all outstanding charges are settled. If charges are not settled by the second billing date after initial notification, your account will be disconnected. Service fees are non-refundable. OTZ reserves the right to change pricing, terms and conditions at any time without advanced notice to you. Disconnection of service by OTZ in no way waives your liability for outstanding charges. If we are required to take legal action to collect outstanding charges, OTZ shall be entitled to reasonable attorney fees and costs of litigation. • OTZ shall not be held liable for any delay in or failure to perform the services caused by circumstances beyond its control such as acts of nature or other causes which it could not have reasonably foreseen or any other cause which similarly impedes the provision of service. You understand service could be interrupted for several reasons, including but not limited to malfunctions or maintenance. Scheduled outages will be publicized. • You are hereby warned that some information accessible via OTZ may be considered objectionable or obscene. OTZ is not responsible for inadvertent or deliberate access to such information nor can it prevent access to such materials. In addition, OTZ shall have the right, but not be obligated to edit publicly viewable information. • Finally, you agree OTZ shall not be liable to you for any reason except to the extent that it may be required to refund for prepaid future service. You agree that OTZ shall not be liable to you for any damages, including but not limited to any compensatory, consequential, special or punitive damage incurred by you as a result of your use of OTZ’s system. • You will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. You must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. You represent and warrant that you are and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and you further represent and warrant that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. OTZ assumes no responsibility, and you assume all risks regarding the determination of whether the material is in the public domain, or may otherwise be used for such purposes. OTZ shall provide the Internet Service in accordance with and subject to the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify OTZ if they believe that an OTZ customer has infringed the copyright owner’s work(s). If OTZ receives a notice from a copyright owner alleging that you have committed copyright infringement, OTZ will notify Subscriber of the alleged infringement. OTZ may determine that you are a repeat copyright infringer if we learn that you have engaged in online copyright infringement on more than one occasion. OTZ reserves the right to suspend or terminate the accounts of repeat copyright infringers. I understand and agree to be legally bound by the terms & conditions of OTZ and I will be solely and individually liable and responsible through the use of the user ID assigned to me by OTZ. Violation of these policies may result in suspension or cancellation of my service without advance notice. My use of OTZ service constitutes my acceptance of and agreement with these terms & conditions.