EPICTOUCH Company Internet Access Service Terms of Service Agreement


Introduction
EPICTOUCH Company strives to maintain an Internet Access Service (“Internet Service”) that provides its customers with an enjoyable Internet experience, and an experience that is free from interference by persons who may use the Internet Service in an improper or unlawful manner. Our Terms of Service Agreement (“Agreement”) has been developed to provide safeguards for both you the customer and for EPICTOUCH Company. EPICTOUCH Company is dedicated to providing its customers with exceptional Internet Service. At times this may mean that a customer who abuses or violates this Agreement will have his\her Internet Access or Internet Services suspended, denied, or limited without prior notice. The Agreement uses the term ‘customer’ to mean the person/persons who subscribed to the Internet Service and also any person/persons that use(s) the Internet Service through a subscriber’s account. Use of the service by a customer constitutes acceptance of the Agreement.

Warranties/Disclaimers
The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with EPICTOUCH Company or any of EPICTOUCH Company’s affiliates. Customers who use EPICTOUCH Company Internet Service and the Internet do so solely at their own risk. Such use is subject to all applicable local, state, national and international laws and regulations.  EPICTOUCH Company is not financially liable to customers for any harm that may occur through their use of Internet Services or the lack of service, regardless of whose fault it might be.


Security
Since the Internet is a shared medium for communication, there is no guarantee information sent through the Internet will be totally secured or kept confidential. Customers are encouraged to safeguard their username and passwords associated with Internet Services. They are also encouraged to have the latest Internet Security or firewall software on their computers to limit
security risks. 


Service Package Expectation
Email Account:
Each email account is given 50 MB for storage. This email storage is not backed up by
EPICTOUCH Company.  In the event of hardware or other failure, the customer’s email files may be inaccessible. With this in mind, customers should download their email to their local computer in case of such failure.

Once a customer’s email account reaches the 50 MB limit then EPICTOUCH Company has the right to delete the emails from its mail server and/or suspend the email account without prior notification to the customer. The email files, once deleted, will no longer be available to the customer.

If customers cancel their service or their account becomes delinquent, their email account will be deactivated and the emails on EPICTOUCH Company’s email server will be deleted.

The maximum message size
of an email is 5 megabytes.

EPICTOUCH Company reserves the right to reject or filter email to its mail servers based on source address and content without notification to the customer.


Bandwidth:

Each customer of EPICTOUCH Company Internet Service subscribes to a bandwidth (speed) package. Additional information and a speed test can be found on
EPICTOUCH Company’s Knowledgebase.

During peak network load or usage, a customer may experience bandwidth less than ideal. During a peak usage or load period, EPICTOUCH Company reserves the right to implement traffic controls to manage the connections and bandwidth in order to provide better service across the network. The traffic controls are only implemented to resolve congestion. During peak usage or load periods, some customers may experience bandwidth less than ideal.


Usage:

Most customers are familiar with purchasing a service that is based on the amount of consumption. For instance, the electric company charges a customer by the number of Kilowatt-hours that is used.

The usage for Internet Service is the amount of data that is transferred over a customer’s Internet Service line.

A typical customer will only use 10-15 GB in a typical month.

With a webpage size of 100 kilobytes of data, a customer could view over 1 million web pages to reach 100 GB of usage. Or, a customer could download approximately 20,500 songs that are 5 megabytes each before reaching the 100GB of usage.

When a customer’s Internet Service shows usage at or above the 100 GB per month, the customer may be contacted by EPICTOUCH Company. The customer and an EPICTOUCH Company representative will discuss the usage and try and determine if the high usage is adversely affecting the Internet Service and if the usage is in accordance with this Agreement.


Non-transferability of Account
Customers can not share, loan or re-sell their Internet service to another person or persons. This includes allowing a wireless router to be unsecured and accessible by users outside of the paid service location.

Network Address Ownership
IP addresses assigned to a customer are the property of EPICTOUCH Company and loaned to the customer for service access. The IP address assigned to a customer may change during the term of service. The IP address will revert back to EPICTOUCH Company when the customer service is disconnected.


Compliance with All Laws
Customers shall comply with all federal, state or international laws while using the Internet Service. The customer is fully responsible for said compliance and the customer agrees to hold EPICTOUCH Company harmless for any violation by the customer.

Internet Content Limitation and Access
The term “content” means information, or material of any type capable of being posted or transmitted on or through the Internet Service, including material in print, graphic, pictorial, audio, and/or visual form.

EPICTOUCH Company’s Internet customers or users agree not to post, transmit, or store on or through the Internet Service any content that


a) infringes another person’s or entity’s copyright in all or
part of the content.


b) dilutes or otherwise violates another person’s rights in its
trademarks, service marks, trade dress, or other indicia of
origin.


c) reveals trade secrets, or other confidential or proprietary
information belonging to another person, or other entity.


d) is deemed as unsolicited email , SPAM and/or content that
contain worms, viruses, Trojan Horses or other code or programs
that have a destructive or nuisance payload.


e) is unlawful, threatening, harassing, abusive, harmful,
libelous or defamatory, hateful, indecent, obscene, or otherwise
objectionable, or which may encourage conduct that would
constitute a criminal offense, or give rise to civil liability.


f) is a considered to be illegal or fraudulent under local,
state and federal laws.

EPICTOUCH
Company’s Internet Service customers or users may receive or be exposed to content, goods or services which they consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. EPICTOUCH Company shall not be held
accountable for such content.


Unacceptable Activities
EPICTOUCH Company customers agree not to:
a) attempt unauthorized access to any host, network or account. This is commonly referred to as hacking, cracking, port scanning, or ping flooding;


b) cause interference with other users’ Internet Service due to, but not limited to, excessive bandwidth utilization, or hosting
Internet servers without EPICTOUCH Company’s permission;

c) impersonate any person or entity;


d) conduct denial of service attacks.


Cooperation with Authorities

EPICTOUCH Company will adhere to any subpoena or lawful intercepts that are properly filed by law enforcement agencies.

Monitoring and Privacy
EPICTOUCH Company
monitors its Internet Service. This monitoring allows EPICTOUCH Company to proactively address network issues so that an
acceptable level of service can be maintained for all customers. This monitoring may include identifying specific customer’s
Internet traffic that is adversely affecting EPICTOUCH Company Internet Service. The information from such monitoring may be shared or transmitted to EPICTOUCH Company employees or vendors to assist in identifying traffic that is adversely affecting
EPICTOUCHCompany’s Internet Service.


Right to Suspend or Cancel Accounts
EPICTOUCH Company has the right to cancel, suspend or limit a customer’s Internet Service for the following reasons:

a) The customer account becomes delinquent.


b) The customer fails to comply with the Terms of Service Agreement.


c) The customer’s Internet activity is adversely affecting the integrity of EPICTOUCH Company’s Internet Service.


d) The Internet Service equipment needs maintenance or replaced.


EPICTOUCH Company has the right to cancel or suspend a customer’s email account for the following reasons:


a) The customer’s account becomes delinquent.


b) The customer fails to comply with the Terms of Service Agreement.


c) The customer’s email account is inactive for 20 days.


d) The customer’s email account size is over the maximum limit.


e) The customer’s email activity is adversely affecting the integrity of EPICTOUCH Company’s Internet Service.


f) The Internet service or email equipment needs maintenance or replaced.


Right to Modify or Change TOS
EPICTOUCH Company
reserves the right to update, modify or change the Agreement. A current Agreement will be posted at
www.epictouch.com\tos.htm


Customers will need to periodically review the Agreement to determine what changes have been made. The Agreement

supersedes all previous representations, understandings or agreements. Use of the service by a customer constitutes acceptance of the Agreement.

 

Questions/Comments
If you have any questions
or comments concerning the Agreement, please contact EPICTOUCH Company either at 697-2111 or email TOS (at) elkhart.com