ACCEPTABLE USE POLICY
NetPenny, Inc.'s Acceptable Use Policy (AUP) is designed to protect you, our subscribers, and the Internet community from unacceptable,
irresponsible, or illegal activities. In particular, this policy prohibits the impersonation of others, unsolicited commercial appeals, and any
disruption of Internet services.
Rationale
This policy is an attempt to provide an understanding of the appropriate use of NetPenny, Inc.'s services. Common sense and judgment are a necessary part of any system of rules, and this AUP is no exception. Naturally, flagrant or repeated violations of this policy are viewed in a
very different light than minor infractions. We consider net abuse an action that undermines the ability of the Internet to serve as a discussion medium.
In addition, net abuse may be a violation of state or federal law, or the laws of other countries.
Protection of our subscribers and our resources, the ability to provide quality service to our subscribers, conformance with existing law and the
protection of our reputation as a service provider are all-important factors when making decisions on AUP violations. We do not monitor your activity except for system utilization measurements. However, in order to promote good citizenship in the Internet community, if we become aware of inappropriate use or our service, we will respond accordingly.
If a NetPenny, Inc. account is used to violate the AUP, we reserve the right to terminate the service without notice. Our preferred course of
action is to advise the account owner of the inappropriate behavior and request corrective action. However, flagrant violations of the AUP may
result in immediate termination of service.
Privacy
It may be necessary for us to examine system accounting logs and other records to resolve system problems. We reserve the right to access a
subscriber's mailbox to resolve system problems or mail system errors. We will cooperate with appropriate legal authorities in investigating claims
of illegal activity, Including but not limited to illegal transfer or use of copyrighted material, posting or email containing threats of violence or other illegal activities. We do not take this responsibility lightly. Cooperation by us will require proper legal authority.
We make no guarantee and assume no liability for the security of any data on any server Including "secure servers."
You need to be reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method
General Violations
Impersonation / Forgery
Adding, removing, or modifying identifying network header information (a.k.a. "spoofing") in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers or other identifying information is especially frowned upon. Please note: the use of anonymous remailers and nicknames does not constitute impersonation.
Network Unfriendly Activity
Any activities that adversely affect the ability of other people or systems to use NetPenny, Inc. services or the Internet are prohibited. This Includes "denial of service" (DoS) attacks against another network host or individual user.
Privacy Violations
Attempts, whether successful or unsuccessful, to gain access to any computer system or customer's data, without consent, are prohibited.
Threats
Threats of bodily harm or destruction of property are always prohibited.
E-mail
Commercial E-mail
Sending unsolicited commercial e-mail (Spam) is prohibited. Using an NetPenny, Inc. e-mail or website address to collect responses from
unsolicited commercial e-mail is prohibited.
Mail Bombing
Sending large volumes of unsolicited e-mail is prohibited.
Harassment
Sending threatening or harassing e-mail is prohibited. If after being requested to stop, a NetPenny, Inc. user persists in e-mailing
another Internet user, NetPenny, Inc. may intervene. Extremely threatening or harassing e-mail is always prohibited.
Financial & Usage
Sharing dialup accounts with anyone other than immediate family members, or re-selling service without express written consent from NetPenny, Inc., or offering any public information service, such as running a web
server or FTP server, is prohibited. Dialup accounts are for one concurrent logon. Multiple logons are monitored and when they occur, both sessions are terminated.
Unlimited access means you are charged a flat monthly rate for your access. There are no additional charges for usage. However, each session is assumed by us to be interactive; in other words, you are actively using the connection. Currently, our equipment is set to disconnect any session thatlasts for more than 5 hours continuously.
Using programs to defeat system timers limiting inactivity is prohibited. Monthly charges are due by the 10 days after receipt. Billing is always in
advance.
Untimely payment of any and all amounts due may result in account cancellation.
System abuse is strictly prohibited. NetPenny, Inc. may terminate service immediately, hold you financially liable for any damages,
and if applicable, bring legal action against you under the statues of felony vandalism, if you engage in system abuse. All accounts are single
user accounts unless stated differently!
Following is a list of additional actions that are defined as system abuse. This list is non-exclusive; any action about which there is
any doubt should be referred to NetPenny, Inc. for evaluation.
Actions, which constitute system abuse, Include, but are not limited to:
Attempting to circumvent user authentication or security of any host, network, or account on NetPenny, Inc. systems or the Internet at large ("cracking" or"hacking"); Attempting, in any way, to interfere with or deny service to any user or any host on the Internet; forging email or USENET posting header information; trading, distributing or storage of licensed software ("warez") sending large numbers of unsolicited mail messages (i.e. "junk mail" or "spamming"); forwarding or posting "chain letters" (multiple forwarding) of any type; posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose; Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own; engaging in harassment, whether through language, frequency, or size of messages; using an account at another provider to promote a NetPenny, Inc Web site in an abusive manner using a NetPenny, Inc. account to collect replies to messages sent from another provider which violate these rules or those of that provider. Using programs such as "Ponger" in order to keep your connection alive by sending packages every (X) minute while actually being idle. If you want a dedicated connection please contact our sales department at (616) 608-0638.
It is also to be understood that when the customer connects to NetPenny through the phone numbers, the customer has verified with their local phone company that this number is in fact local. NetPenny is not responsible for long distance charges the customer Incurs as a part of
connecting to NetPenny.
NetPenny, Inc.'s Privacy Policy
NetPenny, Inc. is sensitive to protecting the private information that our customers and visitors provide to us. We also want you to have the opportunity to obtain interesting and useful information, products, and services through NetPenny, Inc.. The loyalty of our customers is
very important to us, and we hope this policy will underscore our commitment to making sure your experience with us is a good one.
This Privacy Policy describes how NetPenny, Inc. treats information received about you when you become a NetPenny, Inc. customer, when you provide information to us, and when you use NetPenny, Inc. to explore the World Wide Web.
Please read the Privacy Policy carefully. Also, please remember that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method. Therefore, although we take many precautions to protect our system and our servers, we cannot guarantee the security of any data on any server, Including "secure servers."
Customer Information
Customer information is information such as name, address, telephone number, and credit card information, information that identifies a particular individual or business. NetPenny, Inc. collects and stores customer information in the following ways:
As part of a customer's registration for NetPenny, Inc.'s services, customers must provide their user name, address, telephone number(s), company name (if applicable), and credit card or other billing information.
We confirm your requested e-mail address(es) or domain registration(s) or website(s). Depending on the NetPenny, Inc. service(s) you select, we will give you a NetPenny, Inc. user ID number and one or more passwords that you must use to access and receive the services. We retain this information in our customer databases.
How We Use Customer Information
The customer information that we collect during the registration process is or may be used for billing purposes to examine system accounting logs,user mailboxes, and other company records to resolve e-mail and other system errors or problems.
This information is kept on limited access computers and is only available to those employees who have a need to know.
Occasionally, we use our customer database to distribute NetPenny, Inc. newsletters or important notices to our customers.
NetPenny, Inc. may also use customer information to enforce ourAUP, but only to the extent necessary.
Changes to NetPenny, Inc.'s Privacy Policy
We may make changes to this policy from time to time. We will post changes to our Privacy Policy here, so be sure to check back periodically. We may also decide to notify our customers by e-mail of significant changes.
Credit & Billing Policy
Netpenny's billing schedule is as follows:
Most dialup accounts are billed at a penny ($.01) per minute, after 300 minutes, with a minimum billing of $1.99 per month and a maximum billing for usage of $14.95 per month. Other accounts will be charged a flat monthly fee for service. A $2.95 surcharge is added to all bills paid by credit card, money order or cash through US mail.
You will receive your monthly bill via e-mail or Us Mail.
It is Incumbent on you to keep us informed of the active e-mail account you use; in other words, if you choose to use Hotmail, Yahoo, etc., to receive your e-mail rather than your NetPenny, Inc. account, you must let us know. If you use only NetPenny, Inc., whether it is Outlook
Express, Netscape, or some other e-mail application or NetPenny, Inc. web mail to receive your mail, notification to us is not necessary.
Your first payment is due upon signup. You are always paying for the upcoming month (i.e. you are paying for your service in advance). We will send out invoices approximately 10 days prior to the due date.
Your payment should be mailed to:
NetPenny, Inc.
507 36th St. SE Suite A
Grand Rapids, MI 49548
You may also drop your payment by our office at the above location.
If we have not received your payment by the 10th day after the due date, your account will be disabled and you will be subject to a $5 reconnect fee.
If your payment is consistently late, we may require you to provide a valid credit card that we may use to collect your payment.
If you choose to pay by credit card, your account will be automatically debited on the account anniversary date or the closest working day prior to that date.
If you have special billing requirements, we will make every attempt to accommodate you. Just let us know.
Netpenny, Inc. will continue to charge your credit card or send you bills until you cancel your account. YOU MUST EMAIL THE OFFICE TO CANCEL YOUR ACCOUNT. We will respond to you with a CONFIRMATION EMAIL. This confirmation email is your proof that NetPenny received your cancellation instruction and must be produced to validate any claim for any billing beyond the cancellation date. (We are similar to any utility that bills whether you use the
service or not.)
From time to time, NetPenny will run flyers in local newspapers. These act as coupons and must be in hand in order to be used. Current customers can only take advantage of the special annual rate and only if their account is current. There are no adjustments for prior sales.
It is the customer's responsibility to report to NetPenny, Inc. any billings after cancellation of service. If a customer has been charged after the customer requested cancellation, NetPenny, Inc.'s liability shall not extend beyond two prior billing periods and a refund will be issued.
If upon review of your credit card statement, you notice two charges from NetPenny, Inc., please review previous credit card statements. It is possible that there was a month you did not receive a charge from NetPenny, Inc.. A possible reason for this could be the credit card had been declined.
Netpenny, Inc. reserves the right to block your Internet service without prior notice if your account carries an overdue balance. If a credit card is declined, NetPenny will send you a bill in the mail. It is your responsibility to contact NetPenny with a new credit card number, or else you will be switched to paper billing. This is applicable to credit cards that expire. If you do not respond to the two emails generated by expired cards, you will either be blocked or switched to paper billing. If you move, change your telephone number, cancel your credit card, receive a
new card, or the card expires, it is YOUR RESPONSIBILITY to contact NetPenny, Inc. Failure to do so will result in your Internet service being blocked.
NetPenny, Inc. does not refund or prorate any account. When you purchase a DISCOUNTED ANNUAL ACCOUNT, you will receive a full year of Internet service. THERE WILL NOT BE A REFUND! If you cancel a monthly or quarterly account, you should do so before your anniversary date to avoid losing time for which you have already paid.
If a customer's check is returned due to insufficient funds, the customer will be notified by US mail and a $25.00 fee will be added to the bill.
If your account remains unpaid after it has been cancelled or blocked and you have not paid the account in full, your account will be turned over to our collection agency and a $25.00 collection fee and court cost will be added to your account.
NetPenny, Inc. will not issue credits or suspend billing for periods of non-use such as, but not limited to, vacations, computer problems, or temporary residency.
NetPenny, Inc. will make its best effort to make its network available at all times. Since certain factors are beyond our control, NetPenny, Inc. makes no guarantee of accessibility to its networks, especially during peak usage.
NetPenny, Inc.'s liability for any customer claim will not exceed one month of service or $14.95, whichever is less. Any credits will be issued as additional service and not as cash.
Using the account is deemed as acceptance and comprehension of the policies listed above. If you have any questions or concerns, please contact us at your earliest convenience ... 616-257-8804. Thank you. NetPenny, Inc.
Questions, Comments or Concerns
If you have any questions, comments, or concerns about our Privacy Policy, you may contact us at support@netpenny.net
