General Terms and Conditions
Listed below are full texts of Waymark Communications' General Policies.
Acceptable Use Policy
Web Site Policies
Dial-up Account Policies
Billing / Accounting Policies
Cancellation and Refund Policy
Acceptable Use Policy:
The transmission or illegal possession of any material in violation
of any federal or state law or regulation is strictly prohibited.
This includes, but is not limited to, copyrighted material,
material legally judged to be threatening or obscene, material
protected by trade secret or material that is otherwise deemed
to be proprietary or judged by Waymark Communications to be
inappropriate or improper. This specifically includes, but is
not limited to, unsolicited bulk or commercial e-mail messages.
Customer is hereby put on notice that Waymark Communications
has a zero tolerance for unsolicited bulk or commercial e-mail
messages and reserves the right to terminate Customers services
without notice in the event Waymark Communications becomes aware
that Customer, or persons using Customer's services, are using
Waymark Communications' network or facilities for the distribution
of unsolicited bulk or commercial e-mail messages.
Waymark Communications reserves the right to monitor, from time
to time, Customer's activity to insure that Customer is in compliance
with the terms of this agreement. It is expressly understood
that the services provided are furnished on the condition that
they will be used only for authorized and lawful purposes. The
services are furnished subject to availability of facilities
and may be limited from time to time for reasons beyond the
control of Waymark Communications. Waymark Communications has
the right to limit the manner in which any portion of its telecommunications
and or data network is used in order to protect the integrity
of the network. Customer must abide by Waymark Communications'
Terms and Conditions of Use (Acceptable Use Policy) at all times.
Any deviation or violation of Waymark Communications' Acceptable
Use Policy shall constitute grounds for immediate suspension
of Services hereunder without advance notice to Customer. Such
services shall remain suspended until, at Waymark Communications'
sole discretion, Customer's actual or proposed use of Waymark
Communications' Services conforms to Waymark Communications'
Acceptable Use Policy. In the event services are suspended for
violation of Waymark Communications' Acceptable Use Policy,
Customer shall not be entitled to any credit, offset or other
abatement of charges payable under this agreement.
Web Site Policies
- Criminal Activity: Waymark Communications is required
by law to report any criminal activity that we become aware
of. Any account with such activity is subject to suspension
- Network Monitoring: Waymark Communications cannot and
will not monitor ALL activity on our network. In order to
continue the quality of operations we currently provide
to our customers, we will monitor appropriate pieces of
our network including but not limited to traffic, bandwidth,
e-mail, files, or any other item related to the legality,
performance, and security of our network.
- Unauthorized Access / Hacking: Waymark Communications
prohibits any and all activity that appears to be a search
for unauthorized access to our system, or any other system
accessible through our network.
- SPAM / U.C.E.: Waymark Communications prohibits any unsolicited
actions including, but not limited to, mail bombing, "spamming",
unsolicited e-mailing, or any other action deemed as unwanted
or solicitations across any medium including but not limited
to e-mail, newsgroups, the World Wide Web, chat boards,
and file transfer protocol.
Using our services to support spam or bulk mail services
is prohibited; methods include, but are not limited to,
the facilitation or providing the means to send e-mail or spam
through services such as web sites, dns, and mail gateways.
- Misuse of Services: Waymark Communications prohibits
any action considered out of the bounds of a certain medium
including but not limited to posting un-moderated messages
to moderated newsgroups, uploading information to another
site without prior permission, and using anonymous FTP sites
as temporary storage for any files, pirated or not.
- Censorship: Waymark Communications does not have a censorship
policy in place for accessing the rest of the Internet.
We believe that our customers should have access to all
information the Internet has to offer, within legal boundaries.
- Filtering: Waymark Communications will not be held responsible
for any material transmitted from outside the boundaries
of our network. If you have an interest in prohibiting certain
material, contact our offices for more information.
- Privacy: Waymark Communications will not release any
information about any of its customers without appropriate
written legal documents requiring so, i.e., a court order.
Waymark Communications reserves the right to suspend any Web
site with unusual usage that effects the performance of our
network when not previously made known to Waymark Communications.
- Traffic Monitoring: Waymark Communications monitors Web
site traffic to provide quality service to our customers.
Primary Commercial sites are limited to 500 Megabytes transferred
per month, Secondary Commercial sites are limited to 100
Megabytes transferred per month, and personal sites are
limited to 50 Megabytes transferred per month.
- Waymark strictly prohibits any adult or illegal material
to be posted on a Web site where Waymark appears anywhere
in the URL. Waymark does police the Web sites on our network
and if adult or illegal content is found it will be removed
immediately and the account will be suspended.
- Backups: Waymark Communications does perform regularly
scheduled backups on the Web servers, however, Web site
backup is the responsibility of the customer.
Dial-up Account Policies
Bandwidth, Data Storage and Other Limitations
- All Basic Policies apply.
- Unlimited dial-up accounts are intended for unlimited
interactive access to the Internet. You can dial into Waymark
Communications' system at any time. While we do not put
an actual time limit on dial-up 33.6K, 56K accounts,
we do monitor usage. Dial-up accounts are intended for use
only as needed, and are in no way intended to be connected
when not being used by the subscriber, or to run automated
programs, or for any extended period of time.
- Metered dial-up accounts connected for more than the
allotted hours per month will be billed additional service
fees according to the then current rates.
- Use of a dial-up account in a dedicated manner is sufficient
authorization for Waymark Communications to charge the customer
dedicated rates and collect such charges.
- Dial-up accounts are used for sending and receiving e-mail,
browsing the World Wide Web, transferring files (FTP), chatting,
reading and posting within the Newsgroup forums, and other
basic Internet activities not listed in the policy.
- Dial-up accounts must not be used by anyone other than
the one person whose name is on the account. Personal Web
pages are intended for personal use only. Commercial sites
are prohibited in the forum of personal Web pages.
- Dial-up accounts inactive for 20 minutes will be disconnected.
- Dial-up accounts cannot be kept alive with pinging programs,
e-mail clients that check for mail on regular intervals,
or any other program used to keep the connection alive past
the inactive time limit. Specific use of auto redial programs
- Use of ANY Internet Server Software (including but not
limited to SMTP, POP, HTTP, FTP, etc...) is strictly prohibited
on dial-up and residential services. User IDs and passwords
are intended for use solely by the purchaser. The purchaser
is responsible for any activity that occurs over their connection.
- Waymark will not be held responsible for any charges
incurred by the consumer. This includes but is not limited
to long distance charges, items or services purchased on
the Internet, and or damages to your computer from software
or viruses from the Internet.
Billing / Accounting Policies
- Users must ensure that their activity does not improperly
restrict, inhibit, or degrade any other user's use of the
Services, nor represent (in the sole judgment of Waymark
Internet Services, Inc.) an unusually large burden on the
network itself. In addition, users must ensure that their
activity does not improperly restrict, inhibit, disrupt,
degrade or impede Waymark's ability to deliver the Services
and monitor the Services, backbone, network nodes, and/or
other network services.
- Waymark residential customers may not resell, share,
or otherwise distribute the Services or any portion thereof
to any third party without the written consent of Waymark.
For example, you cannot provide Internet access to others
through a dial-up connection, host shell accounts over the
Internet, provide e-mail or news service, or send a news
feed. You may not use Waymark's residential service for
commercial purposes. Waymark's residential service offering
is a consumer product designed for your personal use of
the Internet. For example, the service does not provide
the type of security, upstream performance and total downstream
throughput capability typically associated with commercial
- You may not run a server in connection with Waymark's
residential service, nor may you provide network services
to others via Waymark's residential service. Examples of
prohibited uses include, but are not limited to, running
servers for mail, dns, http, ftp, irc, and dhcp, and multi-user
interactive forums. For information about commercial or
network services purposes, including commercial-grade remote
LAN access, please e-mail
- All accounting questions should be addressed to our offices.
Information for contacting us is located on our
- 25.00 service fee will be assessed for all returned checks.
- A $6.00 service fee will be assessed for all credit card
or bank draft declines.
- Accounts with a declined credit card or bank account
are subject to immediate suspension and or permanent termination.
- Invoice payments are due within 25 days. Any account
delinquent on or after the 25th day is subject to service
interruption and or termination. Reconnect charges may apply.
All accounts past due more than 25 days will be assessed
a one-time late payment fee not to exceed 5% on all outstanding
charges. A $5.00 minimum fee will be assessed.
Although we would like you to remain a Waymark Internet Services,
Inc. subscriber forever, we realize there are situations in
which you may want to cancel your Waymark Internet service.
Please call 972-503-1100 to request a cancellation of service.
Cancellation requests MUST be received thirty (30) days in advance
of termination in order to avoid additional charges to your
account. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION
OF SERVICE! Subscribers are responsible for full payment on
all accounts whether or not the account is ever utilized until
such time as the account is cancelled by appropriate notice.
Waymark Communications guarantees satisfaction. All connectivity
accounts are covered by a thirty-day (30) guarantee. This
entitles an unsatisfied new user to a refund of unused services within
the first 30 days of service. Cancellations after 30 days time
will not be eligible for a refund. Rewewing accounts may be cancelled and refunded
up to 30 days after renewal and be granted a pro-rated refund
(less the monthly rate and early termination fees).
No refund will be offered on any setup, reactivation fees or accounts established longer than 30 days. All
domain name registration fees are NON REFUNDABLE, NO EXCEPTIONS.
We reserve the right to terminate accounts for failing to use
service in accordance with our terms and conditions, billing
policies, or our Acceptable Use Policy.
Subscribers that are discovered to blatantly abuse our Acceptable
Use Policy regarding SPAM or Unsolicited Commercial e-mail will
be charged a $100 hourly network administrative fee and terminated
Any terminated account must be paid in full before reactivation.
Reactivation fees will also apply to accounts that expect to
Policies are subject to change without notice, or update to
Web site. Only officers of Waymark Communications are authorized
to modify prices or policies. Any policy listed herein may be
superceded by individual contract signed by both Waymark Communications
and the customer of record. Waymark reserves the right to enforce
policies on an as-needed basis.
Waymark will not be held responsible for the recovery of mail
kept on mail server at any given time. Mail storage is limited
to 10 MB per account and mail kept on the mail server is subject
to be deleted after 60 days.
- Waymark will not be held responsible for any additional
charges, loss or damages incurred by the consumer. This
includes but is not limited to long distance charges, items
or services purchased on the Internet, and or damages to
your computer from software or viruses from the Internet.
Waymark does not guarantee availability of services. In
the event of an outage Waymark will not be held responsible
for any charges, loss or damages incurred by the consumer.