Greenfield Communications

Acceptable Usage Policy

Greenfield Communications, Inc. (Greenfield) is pleased to provide Internet access and other related services to you. Please read this agreement carefully before accessing the service. By accessing the service, you agree to be bound by the Terms and Conditions below just as if you had signed it. If you do not wish to be bound by these Terms and Conditions, you may not access or use the service. Greenfield reserves the right to modify the Terms and Conditions at anytime without prior notice. Please check this document for latest updated information.

1. Parties: This agreement is made between Greenfield as the provider of Internet access and Subscriber as consumer of Internet access.

2. Subscriber: Subscriber represents and warrants to Greenfield that he/she is of eighteen (18) years of age or older or is another type of legal entity, such as a corporation. Subscriber further represents that he/she possesses the legal rights and ability to enter into this agreement.

3. Services Provider: Greenfield has contracted with Greenfield Communications, Inc. as their Internet Service Provider and thus provides access to the Internet, web sites, among other Internet services including Greenfield' own Intranet. The agreed usage for Internet access shall be unlimited interactive usage.

4. Internet Contents: Subscriber understands and agrees that the Internet is not in any way under the control of Greenfield. At many Internet sites, obscene and offensive material may be present, it is agreed that Greenfield has no responsibility for, nor any control over, any contents / information accessed by the Subscriber on the Internet. Such materials are accessed at the Subscriber's own discretion and risk.

5. Privacy Issues: Electronic mail and any other transmissions whether transmitted / originated / terminated at Greenfield's systems will not be held confidential. Therefore Greenfield cannot guarantee the protection or privacy of any information of any subscriber. Greenfield reserves the right to monitor a subscriber's mail and transmissions as a necessary step to providing service and otherwise to protect the rights or property of Greenfield. Greenfield will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.

6. No Representation of Warranty: Subscriber acknowledges that the Greenfield service is used at the subscriber's sole risk and liability. Neither Greenfield, its employees, agents, affiliates or any similar party, warrant or covenant to any subscriber that the Greenfield service will be uninterrupted or free from error; nor do any of the foregoing make any representation or warranty regarding (i) the use of the Greenfield service, or (ii) the accuracy, reliability or content of any information, service, or merchandise provided through Greenfield.

7. "As Is" Service: The Greenfield service is provided on an "AS IS," "AS AVAILABLE" basis without representations or warranties of any kind, either expressed or implied, including warranties of title, implied warranties of merchantability, or fitness for a particular purpose. No oral advice or written information given by Greenfield, it's employees, agents or any similar party, shall create or expand any representation or warranty; nor shall any subscriber be entitled to rely on any such information or advice.

8. Limitation of Liability: Subscriber agrees that neither Greenfield, nor any other person or entity involved in creating, producing or distributing the Greenfield service shall have any liability for any direct, indirect, incidental, special or consequential damages that (i) result, or may result, from the use of, or inability to use the Greenfield service; any software obtained through Greenfield; or (ii) result or may result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, libel or intellectual property infringement by others, or delays in operation or availability, or transmissions, or any failure of performance, whether or not occurring by negligence, force majeure, acts of god, communications failure, destruction or unauthorized access. In all events, Greenfield liability shall never exceed the amount actually paid for access to, and use of, Greenfield during the three (3) month period immediately prior to the claimed injury or damage. Subscriber hereby releases Greenfield from any and all obligations, liabilities and claims in excess of the limitations set forth in this section. This section shall apply to all content, products and/or services available directly or indirectly through Greenfield Indemnification. Subscriber agrees to indemnify Greenfield from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims based upon use of subscriber's account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. Greenfield will notify Subscriber promptly of any claim for which it seeks indemnification and will afford Subscriber the opportunity to participate in the defense of such claim, providing that Subscriber's participation will not be conducted in a manner prejudicial to Greenfield' interests, as reasonably determined by Greenfield.

9. Software: As a courtesy to Subscribers, Greenfield has accumulated a library of software which is "shareware" or "freeware". Greenfield is not the author of, or otherwise responsible for, any such software or engaged in the sale or licensing of such software. Greenfield makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to subscribers. Greenfield accepts no liability of any kind with respect to such software or any damages resulting from use thereof. Subscriber assumes all risks with respect to such software. Subscriber, not Greenfield, must pay all shareware license fees. No Subscriber will assert any claim against Greenfield with respect to any shareware or freeware obtained through Greenfield.

10. Non Transferable: The right to use Greenfield is not transferable. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber's passwords.

11. Security Attacks: Attempts to gain unauthorized access to other computer systems is prohibited. Subscriber will abide by all rules, regulations and policies of networks and computer systems accessed via Greenfield. If Subscriber is unsure of those policies, it is the Subscriber's responsibility to ascertain said policies. Any verified attempts by the user to gain unauthorized access to anther system will result in immediate termination of your account without refund.

12. Lawful Use: Services provided to you through Greenfield, including Internet access, may only be used for lawful purposes. Transmission of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use Greenfield in an unlawful manner, including, but not limited to: 1) posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; 2) intercepting or attempting to intercept e-mail; and 3) uploading / downloading files that contain software or other material protected by copyright laws. In addition Greenfield expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Greenfield, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action.

13. Speed. Greenfield will use commercially reasonable efforts, such as network management, traffic analysis, operational procedures and policies that endeavor to provide appropriate bandwidth for as many customers as possible. The Subscriber understand and agree that Greenfield does not guarantee that any particular amount of bandwidth on the Greenfield network or any speed of throughput of your connection to the Greenfield network will be available to you.

14. Adult Supervision. Greenfield is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 will not be permitted to access the Service unless added as a Sub Account by a Member Account holder who is their legal guardians. When you add your child to your Member Account, in addition to certifying that you are least 18 years old, you are certifying that you are the legal guardian of the child/children you wish to add to your Member Account. By adding a child to your Member Account, you give your child permission to access all services accessible through the Service by children under 13 years of age with parental consent, including email, message boards, clubs, and instant messages (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content (as defined below) provided through the Service are appropriate for a minor. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service.

Access Controls. Greenfield suggests that you take advantage of the access controls offered through the Service, which allow you, as the Member Account holder, to block access to certain types of web content you may feel are inappropriate for minors through either your Member Account or your Sub Accounts. However, Greenfield also recommends that you remain diligent in the supervision of any minors in their use of the Service and the Internet. Access controls provided through the Service are intended as a guide only. Neither Greenfield nor their licensors can be responsible for any content accessed by you or minors, whether or not you take advantage of the access controls provided through the Service. In addition, neither Greenfield nor their licensors guarantee the accuracy of such access controls, and you agree that you will not hold Greenfield liable for any loss or damage of any kind incurred as a result of the use of such access controls.

Communications with Strangers. If you allow minors to access Greenfield features, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet (especially in Chat and Newsgroup rooms as well as when using email). It may also be wise to carefully note all Internet pen pals with whom minors frequently correspond.

15. Servers: You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service, unless expressly authorized by Greenfield. Prohibited uses include, but not limited to, PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, Proxy, DHCP, IRC, TELNET, TFTP, SNMP and remapping of ports for the purpose of operating a server.

16. System Rules: Subscriber agrees to comply with the following system rules of Greenfield. The following are strictly prohibited:

i. any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Greenfield or any other entity;

ii. sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes but is not limited to, bulk mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it;

iii. forwarding or posting "chain letters" of any type;

iv. forging email or USENET posting header information;

v. Newsgroup violations including posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "newsgroup spam"), posting binary files to newsgroups not specifically named for that purpose, and violation of newsgroup charter or FAQ. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it; Operating a news server is prohibited without prior written permission from Greenfield.

vi. use of maillist, listserver or any form of auto-responder from a subscriber's account;

vii. use processes that run or are activated while the user is absent from the computer terminal, for example, (1) automatically have the computer dial in to check your email, (2) running web server or ftp server through dial-up, (3) using ping or any mechanism to defeat our 20 minutes idle time-out limit so that the computer could stay on line while maintains little or no activity;

viii. violation of Greenfield' Interactive Usage Policy which states that the account owner must be in front of the computer when he/she logs in, and that if the account owner is away from the computer, he/she must terminate the connection and allow others to use the service;

ix. group use of Subscriber logins;

x. use of more logins then number of accounts owned;

xi. unauthorized reselling of Greenfield' Internet/Intranet Services; and

xii. Unauthorized active or passive probing of any IP address; and

xiii. Solicitation of Greenfield Subscribers to become subscribers of other online services competitive with Greenfield. Failure to comply with system rules may result in suspension or termination of Subscriber's account. In the event account is terminated under this section or section 13 no refund shall be due.

xivSubscriber further agrees that if they violate any portion of Terms & Conditions that they will be liable for all charges to remedy the infractions they committed and subject to termination from Greenfield services without any warning or notice (see section 32). These additional items include but are not limited to: cancellation of the account, responding to offended Internet users and deletion of related e-mail in response to such violations. The rate shall be $195.00 per hour with a four-hour minimum. Subscriber agrees to pay these additional charges. In the case of a credit card transaction, Subscriber authorizes these charges and agrees not to contest these charges with their credit card company and further waives all chargeback options Subscriber may have with their credit card company.

17. Telephone Charges: Subscriber is responsible for providing all telephone, modem , PC, Router, and other equipment required to access Greenfield Internet/Intranet Services. Subscriber agrees to be responsible for all telephone charges, if any, incurred by Subscriber in accessing Greenfield. Greenfield' fees are entirely separate from, and wholly unconnected to, any of these costs. Accordingly Greenfield assumes no liability for any of these expenses incurred by Subscriber in accessing Greenfield.

18. Greenfield Cancellation: Greenfield reserves the right to cancel service for any reason without prior notice. When an account is canceled for violation of published terms and conditions, no refund shall be due.

19. Excessive Use of Bandwidth: If Greenfield determines, in Greenfield's sole discretion, that Subscriber is using an excessive amount of bandwidth over the Service, we may adjust, suspend or terminate Subscriber's account at any time and without notice. or require subscriber to upgrade Customer's service level and pay additional fees in accordance with Greenfield 's then-current, applicable, published rates for such Service.

20. Support and Maintenance of the Greenfield Service: Greenfield does not guarantee that customer support will be available or that Greenfield will make the Service work on your computer system or resolve all problems in connection therewith.

21. Use of a static and/or multiple dynamic IP address: The subscriber understand and agree that the Greenfield Service is provided using one (1) dynamically-assigned public IP address for each home. You may be assigned a static IP address and or additional dynamically assigned, public IP addresses for an additional monthly fee. Greenfield may monitor for unauthorized use of IP addresses and if such activity is discovered, Greenfield may pursue, in its sole discretion, all available remedies.

22. Local Networking: Greenfield will support the connection of the Service to a single directly connected computer. Greenfield does not support the setup, configuration and equipment maintenance of devices, including multi-function devices, that may contain a switch, router, firewall, wireless connectivity, etc., that allow for the connection of multiple computer at the Home.

23. Filtering Measures: Greenfield may elect to take measures to reduce the amount of viruses, worms, bugs, Trojan horses (collectively, "Viruses"), unsolicited commercial emails, or Peer to Peer traffic to, from or over the Service. The measures may include, among others, the use of software to detect and delete such activities, the use of network protocol filter that remove or block any traffic deemed necessary for filter on the sole judgment of Greenfield.

24. Usage by Non-Subscriber: Subscriber agrees not to operate equipment and or software that allows othes who are not in your household to use your Greenfield Service.

25. MAINTENANCE WINDOW: During of the course of operations, maintenance and upgrades of the Services, it is necessary to reserve a window of time during which work that can potentially disrupt Services can be carried out. The standard maintenance window is from 01:00 to 05:00 AM, Saturdays, Pacific Time. During this time, Services may be disrupted due to scheduled maintenance without further notice.


Greenfield reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to EGreenfield homepage ( ), by electronic mail or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit eGreenfield website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Acceptable Use Policy, the terms of the Policy will govern. Questions regarding this Policy should be directed to . Complaints of violations of it by Greenfield customers can be directed to .

27. Complete Agreement: This Agreement represents the entire agreement between Subscriber and Greenfield and supersedes all prior agreements, oral or written.

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