Threats, Harassment and Abuse. Threatening
or encouraging bodily harm or property damage to individuals or groups, or
transmitting materials that harass another. Accounts of those using foul or
abusive language to Whiz to Coho, Inc staff will be subject to immediate termination.
Fraudulent Activity. Making fraudulent
offers of products, items, or services or advancing any type of financial
scam such as “Ponzi schemes”, “pyramid schemes” or “chain letters”.
Viruses. Distributing any
computer viruses to, through, or from Whiz to Coho, Inc systems.
Unsolicited/bulk email. Posting or transmitting
unsolicited bulk email messages (“mail-bombing”) or newsgroup messages (“news-bombing”)
to a Whiz to Coho, Inc customer or through any Whiz to Coho, Inc server.
“Mail-bombing” constitutes sending more than ten (10) similar mail
messages to the same email address or sending excessively large emails, perhaps
including attachments. “News bombing” constitutes sending more than 10MB of
data to a newsgroup.
Using a Whiz to Coho, Inc server connection to send unsolicited bulk email,
“mail bombs” or “news bombs” through any other SMTP server is similarly prohibited.
Violators are subject to immediate termination of Services. If you send Unsolicited
Bulk Mail/Spam, there will be a charge of $500.00 plus $1.00 per message sent
plus $10.00 per complaint received plus you will have your account terminated.
Bots, servers and keep-alive programs.
Running ANY kind of bot or automated script is strictly prohibited. This includes
using PING, "keep alive" programs, scripts, bots and automated email
checking programs to maintain a connection. Bot is short for Robot.
A Bot is typically a program that runs on a computer 24 hours a day,
7 days a week automating mundane tasks for the owner.
Bots are used in Internet Relay Chat (“IRC”) and World Wide Web (“WWW”)
search engines. IRC Bots are programs that connect to the Internet and interact
with the Internet in very much the same way as a normal User does (in fact,
IRC servers treat Bots as regular Users).
Most IRC bots are used for channel control. Bots have also been called automatons. In WWW searching, bots are also called spiders and crawlers. They explore the WWW by retrieving a document
and following all the hyperlinks in it. They then generate catalogs that can be accessed by search engines.
Use of Bots of any kind is not permitted on Whiz to Coho, Inc’s computers,
nor is utilizing your dialup account for the purpose of operating a server
of any type.
Fraudulent IP Addresses.
Attempting to use an IP address other than the IP address you have been assigned
(whether you were assigned that address by manual or electronic means).
You are subject to immediate account termination without refund, as
this is considered a fraudulent act.
Unauthorized Access. Attempting
to unlawfully access the accounts of others, or attempting to penetrate beyond
security measures of Whiz to Coho, Inc servers or other information systems
whether or not the intrusion results in corruption or loss of data. Any Users
who attempt to access or modify unauthorized computer system information or
to interfere with normal system operations, whether on Whiz to Coho, Inc’s
equipment or on any computer system or network that is accessed by our Services,
are subject to account termination and denial of Services.
Multiple Modems/Users. Allowing your account
to use more than one modem at a time. Having your account be in use by more
than one person at a time (i.e being connected to your account while having
another User connect to it via modem or telnet).
Forgery and Impersonation. Forging (adding, removing
or modifying) any message header, in part or whole, of any electronic transmission,
originating from, passing through, or whose destination is Whiz to Coho, Inc
Services, or employing any other methods in connection with the transmission
of email used to disguise or mislead any user name or the source or quantity
another User or otherwise falsifying your user name in email, IRC or with
any other Internet service. The only exceptions to this are when using deliberately
misleading headers in newsgroups to avoid spam email address collectors (please
be sure you are using an address that really does not and cannot exist) and
aliases (nicknames) in IRC.
m) Password Disclosure. Revealing your account
password to others or allowing others to use your account (other than authorized
Users in your household). At no time can there be simultaneous use of the
same user name and password combination.
Collection of Personal Data. Collecting,
or attempting to collect, personal information about third parties without
their knowledge or consent.
Dedicated Access. Whiz to Coho, Inc defines
"Dedicated Access" as maintaining a constant connection for a period
of time exceeding that of reasonable personal use and/or maintaining a connection
while you are not using your computer. Users who are found to be attempting
to use "Dedicated Access" are subject to immediate termination of
Services, or having monthly limits applied, or having their account switched
to a dedicated account type (this activity is considered authorization to
change your account to a dedicated account).
News. Cross-posting advertisements for
products, items, or services to two (2) or more unrelated USENET newsgroups.
Posting articles to any USENET or other news group, mailing list, or
similar forum that is off-topic according to the charter or other public statement
of the forum. Disrupting any newsgroup with frivolous, excessively
vulgar, or repetitious postings. Posting binary, or excessively large, unrelated
text files to non-binary news groups that have specifically requested such
material not be posted in the group's FAQ (Frequently Asked Questions).
Network Disruptions and Unfriendly Activity.
Using Whiz to Coho, Inc Services for any activity that adversely affects the
ability of other people to use Whiz to Coho, Inc Services or the Internet.
This includes implementing unauthorized installation of 'auto-responders',
'cancel-bots' or similar automated or manual routines which generate excessive
amounts of net traffic, or disrupt net newsgroups or email use by others.
Reselling Whiz to Coho, Inc
Services. Reselling or attempting to resell Whiz to Coho, Inc Services
without Whiz to Coho, Inc’s express authorization.
This is considered theft of Services and includes, but is not limited
to, selling bandwidth which has been purchased for personal use, selling dialup
access or email accounts, and selling web space on Whiz to Coho servers.
Channeling. Engaging in any of the above
activities using the service of another provider while channeling such activities
through a Whiz to Coho, Inc account or re-mailer, or using a Whiz to Coho,
Inc account as a mail drop for responses. Whiz to Coho, Inc Members may not
relay e-mail through any third-party systems without authority.
Reporting and Taking Action Against Violations
Whiz to Coho, Inc requests that anyone who believes
that there is a violation of this AUP to immediately email us at firstname.lastname@example.org .
If available, please provide the following information:
The IP address used to commit the alleged violation;
The date and time of the alleged violation, including the time
zone or offset from GMT;
Evidence of the alleged violation.
with full header information provides all of the above, as do syslog files.
Other situations will require different methods of providing the above information.
Whiz to Coho, Inc may take any one or more of the following
actions in response to complaints:
Issue warnings: written or verbal;
Suspend the Member's newsgroup posting privileges;
Suspend the Member's account;
Terminate the Member's account;
Bill the Member for administrative costs and/or reactivation
Bring legal action to enjoin violations and/or to collect damages,
if any, caused by violations.
to Coho, Inc reserves the right to immediately terminate the account, without
refund, of any Member in violation of this Acceptable Use Policy, or any Member
who we see as a risk to the health and well-being of our system and our other
who commit any of the infractions delineated in this Service Agreement are
also responsible for the cost of labor to respond to complaints and remove
or cure any problems resulting from such infractions including without limit
the removal of unauthorized data incurred by Whiz to Coho, Inc. Users who
commit these infractions are liable for damages (physical, electronic, or
otherwise), whether they are direct, indirect, or consequential results of
the acts of the User.
and all decisions of Whiz to Coho, Inc staff are final.
PART II: TERMS AND CONDITIONS
to Coho, Inc (Whiz to Coho, Inc”) provides its Internet services (“Whiz to
Coho, Inc Services” or "Services") to all end users who access or
use, directly or indirectly, some of our Services but do not have accounts
("Visitors") as well as those who pay a monthly service fee to subscribe
to Whiz to Coho, Inc Services ("Members"). Users (“Users”) may be Members, Visitors, or
any other individuals using (directly or indirectly) any Internet services
provided by any Internet service provider.
By using Whiz to Coho, Inc Services or by establishing an account,
you agree to be bound by this Service Agreement (“Agreement”) and to use our
Services in compliance with this Agreement and any other user policies.
If you do not agree to the terms and conditions of this Agreement, including
any future revisions, you may not use our Services, and if you are a current
Member, you must
Payment Obligations and Late Payments
are due and billed automatically and will include all fees due for monthly
or annual accounts at that time. All service fees shall be paid in advance
for the upcoming usage period, as per your contract type.
a) Members must
(i) provide Whiz to Coho, Inc with accurate and complete billing information
including (but not limited to) valid email address, legal name, address, telephone
number, and credit card/billing information, and (ii) report to Whiz to Coho,
Inc all changes to this information within thirty (30) days of the change.
Members are responsible for all charges to their account.
b) Members having
questions regarding charges to an account should contact Whiz to Coho, Inc
at (503) 647-5957. All charges are considered valid unless disputed in writing
within sixty (60) days of the billing date. Adjustments will not be made for
charges that are more than 60 days old.
c) Charges are billed
to Members' credit cards or debit cards, or invoiced for payment by check,
as applicable, each month for the basic Service and any additional usage or
Services. Whiz to Coho, Inc is not responsible for any charges or expenses
(overdrawn accounts, exceeding credit card limits, etc.) resulting from charges
billed by Whiz to Coho, Inc.
If your credit card charge for Whiz to Coho, Inc Services is declined, then
your account is in default. Payments declined (NSF, over-limit, account closed,
invalid account number, etc.) incur a $20 returned item fee. If payment is
not received (within 3 days) your account will be deactivated. Such interruption
does not relieve you from paying past due charges.
support is not provided to customers whose accounts are past due.
e) If you purchase
Whiz to Coho, Inc Services through a reseller who in turns pays Whiz to Coho,
Inc, the reseller must pay all amounts owing for your account. If the reseller
fails to pay Whiz to Coho, Inc any amounts due - whether or not you have paid
the reseller - your account will be subject to suspension or cancellation
until you or the reseller has paid all amounts due.
Automatic billing applies to customers not using a prepayment plan.
accounts may be suspended or canceled at Whiz to Coho, Inc’s sole discretion;
however, charges will continue to accrue until the account is canceled. Whiz
to Coho, Inc will bill an additional charge of $10.00 to reactivate a suspended
account. Service will not be resumed until all charges have been paid in full,
including the reactivation fee. All payments should be mailed to:
Whiz to Coho, Inc
12800 NW Bishop Road
Hillsboro, OR 97124
Account and Password Security
must notify Whiz to Coho, Inc immediately upon discovering any unauthorized use of your account,
and/or any breach, or attempted breach, of security known to you. You are
responsible for ensuring that your computer(s) and/or network(s) is/are configured
in a secure manner. You may not, through action or inaction, allow others
to use your network for illegal or inappropriate activities.
to Coho, Inc takes no responsibility for the security of the communications
transmitted over Whiz to Coho, Inc facilities.
Whiz to Coho, Inc will not be held liable for loss or damage (direct, consequential,
or otherwise) of hardware, software, or data, relating to co-location.
Co-location customers are being leased space, power, and network access
only. Whiz to Coho, Inc does not guarantee 100% power or network uptime
for co-location customers. Whiz to
Coho, Inc employees may need access to the hardware and/or software of any
co-location computer or other co-location hardware, and by signing up for
a co-location account you agree to allow Whiz to Coho, Inc and its employees,
associates, representatives, and personnel access as necessary. Whiz to Coho, Inc has the final authority of what content may (or
must) be allowed on co-location equipment.
Services are provided on an "as is" and "as available"
basis. Whiz to Coho, Inc does not warrant that the Services will be uninterrupted,
error-free or free of viruses, or other harmful components. Whiz to Coho,
Inc makes no express warranties and waives all implied warranties including,
but not limited to, warranties of title, non-infringement, merchantability
and fitness for a particular purpose regarding any merchandise, information
or Service provided through Whiz to Coho, Inc or the Internet generally. No
advice or information given by Whiz to Coho, Inc or its representatives shall
create a warranty. Whiz to Coho, Inc and it employees are not liable for any
costs or damages arising directly or indirectly from your use of the Services
or the Internet including any indirect, incidental, exemplary, multiple, special,
punitive, or consequential damages. In any event, Whiz to Coho, Inc’s cumulative
liability to any member for any and all claims relating to the use of the
Services shall not exceed the total amount of service fees paid during a one-year
may terminate your account at any time and for any reason by providing notice
of intent to terminate to Whiz to Coho, Inc by:
Filling in the on-line cancellation form at www.coho.net; or
Calling us at 503-647-5957; or
Faxing us a written request to terminate your account at (503)
Emailing us a written request to email@example.com; or
Sending us a written request, addressed to:
Whiz to Coho, Inc
12800 NW Bishop Road
Hillsboro, OR 97124
receipt of your termination notice your account will expire effective the
last day of the current period’s billing cycle. If you wish to terminate your
account, you must provide notice of intent to terminate at least (5) business
days before the end of your billing cycle. If you fail to do so, you will
be liable for payment for Services for the following billing cycle.
month-to-month accounts, Service
for the next period’s billing cycle is automatically charged to the on-file
credit card. You will be responsible
for any charges incurred on your account.
you have a prepaid contract and terminate you account before the contract’s
expiration date, you will be refunded monies as follows: you will be reimbursed
for the unused portion (months) of the contract excluding
any and all set-up fees (either paid or waved upon sign-up) and excluding the regular (month-to-month)
price for the retained Service, times the portion (months) you utilized the
Service. Refunds are available of
full months of Service only.
note that it may take up to three (3) weeks for a credit or refund to be posted.