RPA Internet Membership Agreement v 04.02.01

Application for Membership and use of the service constitutes acceptance of this Agreement as well as all other RPA policies, terms and conditions. The Member understands and agrees that if he/she violates this Agreement, the Member’s Account may be suspended or terminated, and could possibly result in legal action.

Definitions. The person who is responsible for the "Account" and has the ability to add, delete and modify information or "Sub Accounts" and make other changes to the Account is known as the "Member." RPA Internet, Inc. ("RPA") is an Internet Access Provider doing business as a corporation in the state of New York under the legal name, Rochester Public Access, Inc., with its principle offices located in Rochester, New York.

  1. All Services. The Member will have the use of services as specified in the Policies, Agreements, Application, RPA Web Site, Terms and Conditions, Disclaimers, Policies, Rules, and Regulations, or any other agreement entered into with RPA, and any other attachments made a part thereof.
  2. 56K Dial-up Service. RPA Internet provides access speeds up to 56K. However, your individual connect speeds may vary, possibly due to your modem's capacity, phone line clarity, or local telephone company switching conditions and equipment.
  3. Telephone Calling Area. It is the Member’s responsibility to contact his/her local telephone company to determine if using a particular RPA number will cause him/her to incur long distance toll charges. RPA is not responsible for paying any long distance or toll charges incurred by the Member through his/her use of their RPA Account.
  4. Who may use the Account. Access under this Account is limited to the Member and his/her immediate family members living in the same household. Sharing accounts with anyone other than immediate family members living in the same household, or reselling service without the express written consent of RPA is prohibited.
  5. Disk space and bandwidth allowances. Use in excess of the standard disk space and bandwidth allowances is permitted, but only at additional cost and only with Member’s prior written consent. Bandwidth utilization is determined by the total number of bytes transferred to or from a Member’s Account. Disk space is determined by the total number of bytes required to store a Member’s data. Additional bandwidth will be charged at the rate of $.25 per megabyte per month. Additional disk space will be charged at the rate of $5.00 per megabyte per month. You will not be charged for either of these services without prior notice or without Member’s express written permission and payment in advance.
  6. Member Requirements. The requirements for gaining access to the Service is maintained and posted on RPA’s web site at http://www.rpa.net. Any changes to the Requirements will be announced via email to all Members and on the rpa.net web site. Changes will not take effect during Member’s current service period unless otherwise specified. It is the Member’s responsibility to ensure compliance of all Requirements.
  7. RPA Billing and Accounting Procedures.

    8. • In order to ensure uninterrupted service, Members must pay for their accounts in a timely manner. Non-payment may result in Account probation, suspension or cancellation. If a Member fails pay on time but wishes to maintain his/her account, the Member may be charged a $25 re-instatement fee. • All communications regarding billing and accounting will be sent via e-mail to the Member’s RPA e-mail address.
    • A service charge of $20 will be assessed to a member’s Account for each check that is returned to RPA for insufficient funds.
    • You agree to pay all Sales and Use Taxes, as may be required by law.
    • All Accounts and services will automatically renew according to their current billing cycle (i.e. monthly, quarterly, or annually.)
    • You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your Account.
    • RPA reserves the right to changes prices and institute new fees. RPA will announce price increases or decreases on its web site or via email or postal mail at least 30 days before such changes are to take effect.
    • If you believe that we have billed you in error, please contact the Billing Department within 30 days of the invoice or transaction date of the charge.

  8. Termination by Member. RPA encourages Members to remain Members of RPA. However, Members may terminate their Membership at any time. RPA requests that Members provide advanced notice of cancellation (30 days) either by sending a message from their RPA emailbox to billing@rpa.net or by including a written note with your monthly payment. So that we may continue to improve our service, we ask that you include a brief message explaining why you left our service. There are NO REFUNDS for services paid in advance. However, you may transfer any remaining time (greater than one month) to another RPA account of your choice if you are leaving RPA in good standing.
  9. Termination by RPA. RPA may terminate the Member’s Account at any time for any of the following reasons: 1) Any illegal, malicious, threatening, or harassing activity by the Member. 2) Any activity by the Member which corrupts, or in RPA’s opinion threatens to corrupt RPA’s services or network, or its Members’ systems, or the Internet. 3) Any violation of this Agreement. 4) Not complying with the Member Requirements or non-payment. RPA reserves the right to terminate any Account at its discretion.
  10. Responsibility. RPA is not responsible for situations or conditions beyond its control, including, but not limited to: 1) Computer Viruses. RPA does not assume any responsibility for virus-infected material downloaded by Members from the Internet or RPA’s networks. It is the Member’s responsibility to install, run and update virus protection software on his/her own computer systems. 2) Content. RPA does not assume responsibility for the views, opinions and content published by, or sent to or from anyone on the Internet in any form. 3) Connection. RPA will do its best to ensure that services are available when desired. In the unlikely event that RPA’s Internet connection should become temporarily unavailable, please notify RPA either by phone: (716) 756-4500, fax: (716) 295-2110 or online via our web site located at www.rpa.net. RPA will address potential problems as soon as possible but does not guarantee that such services will be available when requested. 4) Damages. RPA takes no responsibility for any damages or losses suffered by Member, including, but not limited to, loss of data, non-delivery or mis-deliveries of data, e-mail "spam" attacks, service interruptions, long distance charges or toll charges, whether caused by RPA’s own negligence, Members’ errors and/or omissions, or any other reason.
  11. Illegal activity. Illegal, malicious, threatening, and harassing activity will not be tolerated. RPA will notify and cooperate with the appropriate legal authorities to investigate claims of illegal activity including, but not limited to, copyright infringement, trademark or patent violation, violation of privacy, malicious intent, threats of violence, child pornography, illegal tampering or snooping, virus creation, software piracy, etc. Members who are believed to have engaged in illegal, malicious, threatening, or harassing activities through their Accounts may have their Accounts terminated.
  12. Privacy and Security. RPA will endeavor to protect Members from privacy and security risks associated with the Internet. However, the Member must recognize that due to the size, scope, and breadth of the Internet, there are limits to the privacy and security that RPA can ensure for its Members. Therefore, RPA does not guarantee absolute privacy or absolute account security. Members must assume primary responsibility for their own privacy and security. The Member should take his/her own precautions including, but not limited to: carefully protecting the secrecy of login passwords, periodically changing passwords, and exercising care in setting or modifying file and directory permissions. If you wish to send confidential information via the Internet, please use encryption technologies such as PGP.
  13. System and Account Monitoring.

    14. RPA personnel will not examine the contents of any Member’s files or e-mail messages without cause or without the Member’s expressed permission.

    In the course of administering and maintaining the systems, it may be necessary for RPA personnel to read, examine, or inspect information contained in Member’s files, e-mail messages, and newsgroup postings. Information that the Member does not wish to be examined should not be stored on or sent via the RPA system. Nevertheless, RPA will not release or disclose any Member files or e-mail messages to other parties except by court or law enforcement order.

    If RPA suspects a system security problem (unauthorized access to or from a Member’s Account, abusive mail, etc.), RPA reserves the right to access and examine the files/programs in question. In the event a security problem is suspected or confirmed, RPA reserves the right to temporarily suspend Member’s Account until the Member can be contacted.

  14. Disclaimer. As a condition of use of the system, the Member agrees to indemnify RPA for all claims relating to the Member’s use of the system. RPA disclaims all representation and warrants expressed or implied, as to all products including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. RPA will not be liable for any damages, loss, cost or expense for breach of warranty. RPA disclaims all liability for consequential, incidental or special damages arising out of, or in any way connected with any product, including but not limited to, any such damages arising by reason of failure or delay in manufacture of delivery of products, or in use or performance of product. RPA is not responsible for the results of any defects that exist in software or hardware, or any resulting lost profits or other consequential damages. The Member should not assume that content is error-free or that it will be suitable for a particular purpose.
  15. Right to Refuse Service. RPA reserves the right to refuse service to anyone at any time for any reason.

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