Gtelco.net henceforth referred to as Gtelco.

Introduction:

Gtelco (Gtelco.net, Provider) supports the free flow of information over the Internet. Except for our filtered accounts we do not monitor or exercise editorial control over web-site contents, email transmissions, mailing lists, news groups or other Internet related material. We do however, reserve the right to remove any materials from our network that Gtelco becomes aware of that are, in Gtelco’s sole discretion, illegal, violate copyrights, expose Gtelco to liability, or violate this Acceptable use policy. Violations of this policy may result in your (Subscriber, Client) account being terminated.

Use of Gtelco for illegal activities of any kind, including unauthorized use of Gtelco's systems or network on the Internet, forging information (user accounts, passwords, user i.d.'s, etc.) or the practice of software piracy is strictly prohibited.

Billing:

Gtelco bills for most services in advance.  Any services offered on a credit basis are due within 30 days of service.   Purchasers of Gtelco services agree to be bound by the Uniform Consumer Credit code of the State of Utah.  A service charge of 5% per month will be assessed to all past due amounts.

World Wide Web:

Use of text, images, HTML code, JAVA code or sound files created by others without their permission is considered copyright infringement and is strictly prohibited on Gtelco's system.

Personal home pages are designed to provide information about the user and to entertain others. They are not designed for advertising purposes. Business web page accounts are available for advertising. Reselling web space, selling advertising on a web site, or taking credit card orders requires a Gtelco commerce server account. Pages containing explicit material (i.e. pornography, swearing) are strictly prohibited.

E-mail:

Sending harassing or unsolicited e-mail of any kind, whether it is to a newsgroup, an individual email address, or list of email addresses, is strictly prohibited.

Forging user information in e-mail is prohibited. Use of programs in a malicious manner on Gtelco's servers, users, or through Gtelco’s resources is strictly prohibited.

Users are prohibited from using any of Gtelco's computers, equipment, services or email accounts in connection with the sending of unsolicited email, whether commercial or not. Users may not send the same or substantially similar unsolicited email to 50 or more recipients in a single day. Gtelco reserves the right to terminate the account of any user that, in Gtelco’s sole discretion violates this policy.

Internet Relay Chat:

Use of IRC bots (i.e. Eggdrop, etc.) on Gtelco's servers is strictly prohibited. Impersonating other users by forging one's email address is strictly prohibited.

Public FTP Sites:

Use of Gtelco's FTP server for advertising purposes requires an Gtelco business account. Call us if you wish to start a Gtelco business account.

Files containing explicit material (i.e. pornography, swearing) may not be stored on Gtelco's FTP server. Use of Gtelco's FTP server to transfer or distribute pirated or copyrighted software is strictly prohibited.

File Back-up:

Gtelco is not responsible for any client files residing on Gtelco's servers. Each client is solely responsible for independent backup of data stored on Gtelco's servers.

Prohibition of Publication of Certain Material:

No client shall knowingly or unknowingly submit to Gtelco for publication any of the following material (including pictures, links, or any other content):

(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

(b) any material that is libelous or slanderous;

(c) any material which is or contains anything obscene or pornographic;

(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from you, or through any other service on the Internet, which contains your domain name or any other domain name on our network.

Any violation of the above conditions will result in termination of Client's account immediately.  Gtelco reserves the right to charge $500 per incidence of any SPAM material to Client's account or credit card as well as any legal fees incurred due to Client's SPAM.  Gtelco reserves the right to collect damages (software, hardware & man-hours) if any harm is done to Gtelco, which requires tracking of people, repair, or reconfiguration of any kind.

Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Gtelco does not screen in advance Client's material submitted to Gtelco for publication. Gtelco's publication of material submitted by Client does not create any express or implied approval by Gtelco of such material, nor does it indicate that such material complies with the terms of this Agreement.

Policies:

We consider the following, violations of Gtelco's acceptable use polices:

Using Gtelco services for illegal purposes. Gtelco reserves the right to and will cooperate with legal authorities and/or injured third parties in any investigation of criminal or civil wrong. Activities that are prohibited as being illegal include but not limited to:

• Unauthorized use or distribution of copyrighted material including, book photographs, magazines, and software.
• Attempting to access or penetrate the security of other accounts or systems (hacking).
• Making fraudulent offers.
• Threatening bodily harm or property damage to any individual or group.
• Violation of U.S. export control laws.
• Allowing unauthorized use of your account or revealing your password to others.
• Forging or spoofing any transmission header including email.
• Attacking or harassing others by mail-bombing, news-bombing, denial-of-services attacks, distributing viruses or engaging in any activity that threatens the presence of Gtelco on the Internet.

Liability:

The users of Gtelco's network and equipment agree that the use of the service is at the users sole risk. Neither Gtelco nor any of its information providers, licensers, employees, or agents warrant that the service will be uninterrupted or error free, nor does Gtelco or any of its information providers, licensers, employees or agents make any warranty as to the results to be obtained from the use of this service. The service is distributed on an "as is" basis without warranties of any kind, either expressed or implied warranties or merchantability or fitness for a particular purpose, other than those warranties which are implied and incapable of exclusion, restriction of modification under the laws applicable to this agreement. Neither Gtelco nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or inability to user the service or out of any breach of any warranty. User expressly acknowledges that the provisions of this paragraph shall also apply to the third party content.

Gtelco has no practical ability to control the contents, conduct and transmission of all services on Gtelco systems, nor can we ensure the prompt removal of any violations. Accordingly, Gtelco assumes no liability to users or others for any failure to enforce the terms of this policy.

Indemnity:

Client agrees to defend, indemnify and hold Gtelco harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Gtelco to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Gtelco, but excluding those related to the negligence of Gtelco.

Cancellation:

In order to stop service, Client must follow the cancellation procedure, which can be obtained from Gtelco.

Gtelco reserves the right to modify this Policy at any time.

Compliance with Law:

Client will use the services offered by Gtelco in a manner consistent with all applicable local, state and federal laws and regulations.