Acceptable Use Policy (AUP)

Alliance Internet Communications, LLC
Terms

SECTION ONE - NOTICE
By using any of the services offered by Alliance Internet Communications, LLC dba Kendallville Internet (referred to as "Alliance Internet"), you become a party to this agreement and shall be bound by all of the terms and conditions set forth below. It is your responsibility to read, understand and abide by all of the provisions of this agreement. If you do not agree to all of the terms of this agreement, contact Alliance Internet immediately to arrange cancellation of your Service.

SECTION TWO - INTRODUCTION
Alliance Internet is an Indiana business with locations in Fort Wayne, Kendallville, Angola, and Hamilton, Indiana.

SECTION THREE - SERVICES
Alliance Internet services (the “Service”) are provided upon the terms and conditions stated in this Agreement. The services provided by Alliance Internet pursuant to this Agreement consist of the following:
• Internet Access
• Fixed Wireless
• IP Addresses
Certain services provided by Alliance Internet have terms and conditions that are specific to that service, and are in addition to the general terms and conditions stated in this Agreement.

Fixed Wireless Access
• Due to the nature of wireless technologies, the Service area is limited, and the network coverage is neither defined nor guaranteed. The distance from tower locations and the presence of obstacles (trees, buildings, etc.), now or in the future, may have an adverse effect on the performance and availability of the Service. Alliance Internet is not responsible for the consequences of your inability to access the Service due to these reasons.

Internet file sharing through peer-to-peer (P2P) networks
. Any P2P activity identified will result in immediate suspension, and possible termination, of your service without any prior notifications from Alliance Internet.

Equipment and Software
Specific software and antenna equipment is required to access the Service. Early termination of Service will require you to pay a $250 termination fee for the equipment we supplied to you, unless you return all equipment to Alliance Internet in working and like-new condition, except normal wear. No refund of your initial purchase payments will be provided.
Alliance Internet will provide warranty service on the Equipment during the initial 12-month service commitment period. You will be responsible for the full replacement costs of the Equipment for any damage to or failure of the Equipment beyond the initial 12-month period.
Alliance Internet provides technical support for the Internet connection only, and does not provide any computer or networking support. You are responsible for any and all equipment, devices and software (other than that provided by Alliance Internet) you choose to install or use to receive use of the Service. Alliance Internet assumes no responsibility for any problems, or any guarantee for the resolution of any problems, caused by the installation or use of any customer-installed equipment, devices or software.

Email Services
Alliance Internet cannot be responsible for the successful or unsuccessful sending or receiving of email messages.
Customer is required to have virus protection, and Alliance Internet assumes no responsibility for the consequences or affect that any downloaded virus may have on equipment or software. Customer is responsible for activating and choosing the aggressiveness levels of anti-virus, anti-malware, and/or anti-SPAM software or services, and customer also assumes all responsibility for the consequences of the chosen settings. Alliance Internet is not responsible for the consequences of any e-mail messages lost due to filtering.

SECTION FOUR – USE OF THE SERVICE
You may only use the Service in accordance with the usage restrictions set forth in this agreement. You acknowledge that you are executing this Agreement on behalf of all persons who use your service, and you have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
You agree to comply with the terms and conditions of all end user license agreements accompanying or distributed in connection with the Service. All end user license will terminate at such time as you use of the Service is terminated.
You may not sell, assign, transfer or give away use of your Service without written authorization and consent from Alliance Internet. You are responsible for all activity occurring via your Service, even if that activity is initiated by a third party utilizing your Service without your knowledge or consent. You must immediately notify Alliance Internet if you suspect any unauthorized use of your Service. Customer remains responsible for all use through Service whether it was authorized of not.
If your Service requires the use of a username and password (“login”) to access the Service, you are solely responsible for maintaining the confidentiality of your login information, and for any and all activities or consequences that occur from a failure to do so. If you need to reset your login information, either due to a suspected breach of security or if you have forgotten your login information, Alliance Internet will assist you but will charge a service fee of $10.00. Such assistance will be provided upon regular business days only. Use of another customer’s login, improper solicitation of another customer’s login or use of any login under a name other than your own is prohibited and is grounds for termination of your right to use the Service.
You are responsible for any and all equipment, devices, and software (other than that provided by Alliance Internet at no cost to you) you choose to install or use. Alliance Internet assumes no responsibility for any problems or the resolution of any problems caused by the installation or use of any customer-installed equipment, devices or software.
Alliance Internet has no control over information, opinions, advice or statements given or made by anyone other than authorized Alliance Internet spokespersons in any manner on or through the Service. Opinions, advice and all other information expressed by users or service providers on the Internet represent their own views and not necessarily those of Alliance Internet. Alliance Internet does not endorse, support or vouch for the accuracy of any such information.
You hereby agree to indemnify and hold Alliance Internet harmless from all claims, awards, judgments, costs, expenses (including cost of defense) and damages to which Alliance Internet is made subject as a result of any illegal, unethical or other improper use of the Service and/or a breach by you of this Agreement.

SECTION FIVE – PROHIBITED USE
You agree that you will not use or attempt to use the Service in any way or for any purposes described below:
• To seek to gain unauthorized access to any other person’s computer, software, or data;
• To send mass unsolicited e-mail to third parties;
• To distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, damage or destroy equipment or data, or disrupt the operations of Alliance Internet or any other persons;
• To waste resources (people, capacity, computer) through such actions;
• To disrupt the intended use of the Internet by any means;
• To destroy the integrity of computer-based information;
• To compromise the privacy of users;
• To seek to commit or participate in an illegal act through the use of the system;
• To send, submit for public posting, or intentionally receive, any abusive, obscene, profane, sexually explicit, threatening or illegal material, or material containing blatant expressions of bigotry, racism or hate;
• In any other manner, seek to interrupt or interfere with the Internet usage of any other persons
• To sell, assign, transfer or give away use of your Service without written authorization and consent from Alliance Internet.
• To operate any service or system using the Service either accessible from the Internet or automatically processing or sending data over the Internet, except where explicitely permitted for a business customer for known business functions.
If it comes to the attention of Alliance Internet that you are using the Service in a manner of this type, Alliance Internet may, at their sole discretion, take any of the following actions in accordance with the severity and duration of the violations: warning the Customer; suspending the offending Customer from the Service; terminating the offending Customer from the service; imposing fees or charges on the offending Customer’s account in accordance with this policy, the applicable service contract or applicable law. You are responsible for material sent through or displayed on the Internet while using your Service, even if a claim should arise after termination of your Service.
Alliance Internet may perform regular reviews of various blacklisting services, and will aggressively investigate any IP addresses that are listed on any of these lists. Any evidence of spamming activity will result in immediate suspension, and possible terminations, of all server hosting services.
It is your responsibility to comply with all laws with respect to your use of the Service, including but not limited to, copyright laws, obscenity laws, defamation laws, etc. You are reminded that conduct that is illegal in other media (for example, violations of copyright laws) is also illegal on the Internet, and you are fully and solely responsible for the consequences of engaging in any illegal conduct by use of the Service.
Alliance Internet expressly disclaims any obligation to monitor its Customer and other users with respect to violations of the Policy. Alliance Internet has no liability or responsibility for the actions of any of its Customers or other users, or any content any Customer or user may make available while using the Service.

SECTION SIX – FEES AND PAYMENTS
You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service. Charges currently in effect for use of the Service are posted on one of the Alliance Internet web sites (www.AllianceInternet.net, www.KendallvilleInternet.com, www.HamiltonInternet.com) (referred to as "Websites"). Alliance Internet reserves the right to change the amount of, or basis for determining, any fee or charge, and to institute new fees or charges, effective upon posting the information on one of the Alliance Internet web sites. All federal, state, and local taxes applicable to your use off the Service will be added to the basic fees listed on the web sites.
Fees shall be payable in advance, and will be due by the 1st or the 15th of the month in which the Service is rendered. A $25.00 fee will be charged to your account if payment, whether by check or automatic withdrawal from your bank account, is returned as unpayable for any reason.
Late fees equal to one and three-quarter percent (1.75%) of the monthly fee will be assessed to overdue accounts. Failure to make timely payment of monthly fees shall make your access to the Service terminable at the option of Alliance Internet. A suspended account may be reactivated by paying all past due balances in full, along with an additional processing fee of $25.00.
All services are provided in full-month increments, and requests for cancellation of Service must be received by Alliance Internet prior to your monthly billing date.
Any waiver by Alliance Internet of any one or more fees, charges, or actions does not constitute a change in this agreement, and the waived fee, charge, or action may be taken by Alliance Internet at a later date.
You understand and agree that the fees you are charged are solely for the use of the Service(s) as described in Section Three. Various products and services other than those described in this Agreement are offered by vendors and providers other than Alliance Internet on or over the Internet, for which separate fees or charges are levied by those vendors. You are solely responsible for payment of all fees charged for products and services incurred by your use or purchase thereof.

SECTION SEVEN – GENERAL NOTICES
Alliance Internet will give notices to customers by e-mail, postal mail, message on the Alliance Internet phone system, phone call, or posting the notice on one of the Websites.
Alliance Internet will notify customers of disruptions of Service when feasible by a voice message available when calling the Alliance Internet phone number, and may also e-mail customers with known email addresses.
Other notices may be given by a general posting on one of the Websites or by conventional postal mail.
Notices by customers to Alliance Internet must be given by conventional postal mail or e-mail. Notices by e-mail must be sent to the appropriate Alliance Internet e-mail address, such as support@AllianceInternet.net, and receipt of the notice must be acknowledged by Alliance Internet.
Notices to Alliance Internet by conventional postal mail must be sent to:
     Alliance Internet Communications, LLC
     PO Box 15634
     Fort Wayne, IN 46885

WARRANTY AND LIMITATION OF LIABILITY
Alliance Internet does not warrant uninterrupted use or error-free operation of the Service unless specified in a separate Service Level Agreement specific to that Service. Without such Service Level Agreement, the Service is provided on an “as is” and “as available” basis.
YOUR SOLELY REMEDY FOR INABILITY TO ACCESS YOUR SERVICE SHALL BE A DAILY PRO-RATA REFUND OF THE MONTHLY USER FEE FOR THE MONTH IN WHICH ACCESS TO THE SERVICE WAS UNAVAILABLE. IN NO EVENT WILL ALLIANCE INTERNET BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF (OR ATTRIBUTED TO) THE USE OR INABILITY TO USE THE SERVICE.
Any notice of request for refund must be received by Alliance Internet within thirty (30) days of the date or dates of unavailable Service.
Any refund in full or in part shall be at the full discression of Alliance Internet.

TERMINATION OF ACCESS TO THE SERVICE
Either you or Alliance Internet may terminate the Service at any time and without cause in accordance with our cancellation policy; however, you shall be liable for any applicable early termination penalties. The only recourse of a user with respect to dissatisfaction with any policies, guidelines or practices, changes in fees or service content is for the user to terminate use of the Service.
Alliance Internet shall terminate your access to all or any part of the Service, without notice, for conduct that Alliance Internet believes is a violation of this Agreement or any policies or guidelines posted by Alliance Internet or for other conduct that Alliance Internet believes harmful to others (referred to as “Termination for Cause”). Termination for Cause shall not entitle the terminated party to any refund or reimbursement whatsoever.
Upon termination of the Service without cause, Alliance Internet will refund any unused portion of prepaid fees that are due to you after satisfying any outstanding balances owed to Alliance Internet.
Alliance Internet is not responsible for notifying anyone other than you of a termination of your access to the Service.

MISCELLANEOUS
This Agreement, and all policies and guidelines referred to herein, which you accept by using the Service, constitutes the entire Agreement between you and Alliance Internet regarding use of the Service, and may be amended at any time and in any fashion by Alliance Internet upon notification by general posting on the Websites. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of such modification. The provisions of this Agreement will continue in effect even after termination of your access.
You can reach Alliance Internet by calling 260-349-1799 or 260-488-6363, sending e-mail to support@AllianceInternet.net, or by writing to:
     Alliance Internet Communications, LLC
     PO Box 15634
     Fort Wayne, IN 46885

You agree that the laws of the State of Indiana shall be applied in all matters pertaining to the construction and/or application of the terms of the Agreement. Your acceptance of this Agreement constitutes your consent and submission when you use our network.

 

Potential and Current Customers "Must Read"

• As a customer of Alliance Internet you must abide by these terms.
• Please read and understand.
• If you have any question, contact Alliance Internet before proceeding with Service.